The Assam Homeopathic Medicine Act, 1955

ASSAM ACT X I OF  1955
TH E ASSAM HO M EO PA TH IC  ME DI CINE  
ACT , 195 5
(Passed by the Assembly;
(R ec eiv ed  the  as se nt o f the Go vernor on  the  14th  Jun e 1955)
[Published in the Assam Gaze tte, dated  the 22nd Ju ne  1955] 
An
Ac t
to p rov ide fo r  the develo pment o f the Hom eopathic system  o f  
medicine an d its con trol by the Sta te Government in Assam .
Preamb le. Whereas it is exp edie nt to provide  for the  deve­
lop me nt of th e Ho me opath ic system of m edicine  and  
its control by the  State  Governme nt in Assam ;
It is hereby ena cted in the 6th year  ol our 
Rep ub lic :
Sh ort tit le , 1. (() This  Act may be calle d the  Assam Hom eo-
exten t an d p athic Medicine Act, 1955.commence- *
men t. (li) It extends to the whole of Assam.
(m) It  shall come into force on such date as
may be notified by Gover nment.
Definitions. 2 . In  this Act, unless there is anyth ing  re pu gn ant 
in the  sub ject or context—
(a) “ Bo ard ” mea ns the  Board  of Homeopa thic  
Medicine con stituted un de r sections 3 and  1  of this 
Act.
(6) “ Ch air man ” means the  Ch airma n of the
Boa rd .
(e ) “ Ho me op ath y”  means the system of  med i­
cine found ed by Dr. Ha hn em ann and  the  expression 
“ Ho me opath ic”  shall be cons trued acco rdin gly.
(d) “ Mem ber ” means a member of the Board.
(e)  “ Prescribed” mea ns prescribed by rules 
framed under this Act.
( f )  ‘‘Registered  Ho me opath ” means a person
who practises the Hom eopath system of 
medicine as his p rin cip al occupation  and 
who is registered under  the provision of 
the  Act.
(g) “ Register”  means the register of Hom eo­
pat hic  med ical pra ctit ioners.
(Zt ) “ Re gis trar” means the Registrar  app oin ted  
under this Act.
Cons titution 
of the First 
and  subse­
quent  
Boards.
3. (I) Th e Sta te Governm ent may , as soon as 
may be, by notification in the Official Gaz ette  consti­
tu te a Board, to be calle d “ the  Board of H omeop athic 
System of Medicine, Assam .” Th e Board shall be a 
bod y corpor ate and  hav e perpe tua l succession and a 
com mon seal a nd may by the  said nam e sue and  be 
sued.
[Price annas 2 or 2 d.]

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(2) Th e Board shall consist of 11  mem bers includ­
ing the  Ch airma n and shall be con stit ute d in the 
following m anner, viz.,
(a) Fou r Hom eopaths  to be elected by the 
Registered Hom eopaths  of the Sta te,
(£) Three  memb ers of the  Legislative Assembly to 
be nom inated by Gov ernmen t,
(c)  Two mem bers of the Register ed medical 
pra ctit ioners of the State to be nom inated by Gov ern­
ment,
(rf) One  mem ber from the  public having interest 
in Homeopathy to be nom inated by vGov ernmen t, and
{e) the Director of He alth Services :
Prov ided that for the first Board all the non-official 
mem bers shall be nomin ated by Gov ern ment.
Th e Directo r of Hea lth Services shall be the 
Ex- off icio Chairm an of the Board .
(3) Th e First Board shall be constituted 
within six m onth s from the  da te the  Act comes into  
force, and the  names of the mem bers shall be 
published in the official Gazette and such Board 
shall function for a period of three years.
Form atio n 4. Eac h subsequent Board  shall function for a
and  Life of period of thre e years fro m the date of its constitu tion  
Boards'1' 11 1 a n c *  t i l e  m a n n e r  election and  nom ination  of
mem bers to it shall be such as may be prescribed.
Compulsory 5 . Wit hin one yea r from the da te of the Gazette 
Registra- notification of the constitutio n of the Board a person 
tion . practis ing Homeopathy shall rep ort his nam e, address
and qualification to the Chairma n of the  Board for the 
purpose of registering his nam e in  the manne r
provide d here afte r.
M a i n t e -  6. (1) Th e Fir st Board shall, as soon as conve- 
nanc e of the nien tly after its constitutio n an d not late r than  two 
Reg iste r. years from the  enforceme nt of this Act, make order s 
reg ula ting the  ma intenance of a Regis ter of H omeo­
path s
(2) Afte r th e completion of the  Register the names 
of th e Hom eop aths eligible for p ractice  in Hom eopathy  
shall be published  in the official Gaz ette .
(3) Th e Register shall be k ept in such form as 
may  be prescribed .
App oint­
me nt of the 
Registrar  
and  Staff.
Duties, 
sala ry and 
allowances 
of th e Regis­
trar  and 
staff.
7. Th e First Board shall with  the previous appro ­
val  of Gov ernmen t, appoint a Registrar  who shall be 
the Secretary to the Boa rd, and also appo int  the  s taff 
necessary for car rying out the  purposes of the Act.
8. Th e duties, salary and allowances and  such 
other matter relating to the Re gis trar and the staff  
shall be such as m ay be prescribed.
Two catego- 9. Th ere  shall be two classes of Registered 
rics of Ho - Hom eopaths, viz-, Class ‘A’  and Class ‘B’.  
meop aths.

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Fees for Re­
gistered
' Homeopaths.
Glass ‘A’.— (t) One who is a registered medical 
practiti oner un de r the Assam Medical Ac t, 1916 prac- 
tising exclusively Hom eop athy ; °
(it) One  who is a Hom eop athic medical practition ­
er hold ing degre e from a foreign country  which  en­
title s him  to practise medicine in his country subject to 
the  conditio n th at the institut ion is approved  as suit­
able for the  purpose by the Board of H ome opathic 
Med icine ;
(iii) One w ho is a Homeopathic  medical prac ­
titi oner who has successfully gone through at  least 
four yea rs’ course in any  Homeopa thic  institu tion 
recognised by the Sta te in whic h the  institu tion is sit u­
ate d and  holding a Diploma or a Certificate  .from the 
institu tion , subject to the conditio n th at  the sta ndard  
of qualifica tion is not lower tha n the  sta ndard  that 
would be required for regi stra tion  by the Assam 
Home opath ic Medical Board.
Class ‘B’.—One who has been engaged in the 
pra ctice of Homeopa thic  system of  med icine as the  
principal occupation  for a  perio d of not less than  five 
years imm ediately before th e date of the coming into 
force of this Act.
10(1) If  it app ears to the Board that a person 
is qualified to have  his nam e ent ered in the 
Register as a Class ‘A’ "Registere d Ho me opath ” 
his nam e shall be so en tered on pay ment of a sum of 
Rs. 20 (twenty) as first an nu al fees; an d if he 
is qualified to have his n am e entered in the Register  
as a "C las s ‘B’  Registered Home opath ” his name  
shall be so ente red on pay ment of Rs. 15  (fifteen) 
as first annual fees. ■J s
On  pay ment of th e first annual fees the "R egis­
tered Ho me opath ” shall receive Licenses to practise 
Homeopathy in the State of Assam.
(2) Th e subseque nt ann ual renew al fees for a 
"Regi stered  Ho meo pa th” shall be Rs. 10 and  Rs. 5 
for Class ‘A’ and  Class CB’  respectively.
(3) The method and  time of d epositing License 
fees by the  "R eg ist ered ” Hom eopaths  and  the 
con tents and the  form of the Licenses to practise 
shall be such as may be prescribe d.
11. After the  pub lica tion  of the  names of 
Homeopaths under section 6 of the Act and after 
such tim e as t he State Gov ernmen t shall, by noti­
ficatio n in the official G azette, ann oun ce, no person 
oth er than a "R eg ist ered ” Homeopa th hold ing a 
license to practise as hereinbefore provide d, shall 
prac tise the  H omeop athic system of me dicine.
Penalty for 12. Any person who acts  in con trav ention of
practice of section 11 shall, on conv iction be pun isha ble with 
Homeopathy fj n e  w hich may extend  to Rs. 200 (two hundred ) 
risedn aUper - f° r ®r s t offence and upto Rs. 500 (five hun dre d) 
sons. for every subsequ ent offence.

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Con ferrin g, 13, (1) No person oth er th an  an association 
fs^ uin '18 Cr OI  i n s t*t u t i° n  recognised or aut hor ised by the  Board 
dip loma , under this Act shall confer, gran t or issue or hold 
license, etc ,, itse lf out  as ent itle d to confer, gran t or issue any 
byunauth o- degre e, diplom a, license, certificate or oth er docume nt 
or^ns^itu-nS s t a t i n S o r  implying that the  holder, guara nte e, or 
tion s. recipie nt is qualified to practise the  Homeopathic
system of medicine.
Pe na lty . Whoever contravenes the  provisio ns of this
section shall be pun isha ble with fine, which may 
exte nd to R s. 500 (live hu nd re d) .
False  14. Whoever volun tari ly and falsely assumes
ofSdegreen  o r  u s e s  a n y t i t , e  o r  descrip tion  o r any  addit ion  to his 
dip loma or  nam e implying th at he holds a degree, diplom a, 
ce rti fic ate , license or certificate conferred, gra nte d or issued by 
io be an  any  association or inst itut ion recognised or authorised
offence. by t jje  j>o a r ci u n der th is Act or th at  he is qualified to
prac tise th e Homeopa thic  system of medicine und er 
the provisions of this A ct, shall be pun isha ble w ith fine 
which may exten d to Rs. 200 (two hun dred) for the 
first offence u nder this section and  to a fine which may 
exten d to Rs. 500 (five hundre d) for every subse quent
offence.
tiffc Fu nd " 1 5 ’  Th ere  shall be estab lished a Fund for the
1 ' ’ Board and the re shall be plac ed to the cre dit  thereof.
(a) grants an d loans if any received from the
Sta te G ov er nm en t;
( Z > )  all fees received by the B oard on account of 
registration of Hom eop aths, admission 
to the Boa rd’s exam inations  a nd licensing 
of  firms lor sale o f drugs under  the Act ;
(c)  con tributio ns if any received from any local
autho rity  or any Home opath ic Medical 
Association ; a nd
(d) all sums receiv ed by or on beh alf of the
Board from sources oth er than  those 
men tion ed in the foregoing clauses.
16. (1) Th e Sta te Governme nt may at its 
discretion place a lump sum allotm ent  a t the disposal 
of th e Board  every year for dist ributio n according to 
rules to the  Hom eop athic dispensaries and  edu cation­
al institut ions in Assam and  other suit able  purposes 
connected with  the aims and objects o f the  Act.
(2) Th e Board shall adm inis ter, subject to con­
dition s, any  fund placed at its dispos al by the Sta te 
Gov ern ment for specific purposes.
17 . Th e Fund  for the Board shall he kep t in a 
Bank with  the  previous sanctio n of the  Sta te 
Government.
Appea ls to 1 8 ’ (!)  A n  a PPe a l  s h a U  He  to the Sta te
sta te  G ov- Governme nt from every decision of the Board under
er nm en t this Act.
from deci- (2) Every app eal under sub-s ection (1) shall be 
Bo ard .0  preferred with in thirty days of the da te o f such deci­
sion.

Bar to suit 19, (1) No suit or oth er legal proc eeding shall lie 
and oth er a g a j l i s t  th e Sta te Governmen t in respect of an ac t 'S 
ce^ dings'r ° done  in the exercise of the  powers conferred  by
this Act.
(2) No suit or oth er legal proc eeding shall be 
ma intain able aga inst  the  Board or any member or 
any officer or  serv ant ol the Board or any person  act ­
ing under the dire ctio n of th e Board or of the Chair­
man  or of an y officer or serv ant of  the  Board in res­
pect o f anyth ing  done und er this Act, lawfully and  in 
good fait h an d with  reasonable care an d att en tio n.
Co ntr ol ol 20. If  at  any  time  it shall ap pe ar to the
State* Gov" Sta te Governmen t that the  Board has failed to exer 
ern me nt. cise o r  has exceeded or abused a power conferred  upon
it by or under  this Act, the Sta te Governmen t may, 
if it considers such failu re, excess, or abuse  to be of 
serious chara cte r, notify the part iculars  the reo f to the 
Board ; a nd if the  Board fails to remedy such defa ult, 
excess or abuse with in such time  as may be fixed by 
the Sta te Governme nt in this behalf, the State 
Governme nt may dissolve the  Board and cause all or 
any of th e powers a nd duties of the Board to be exer­
cised and performed  by such agenc y an d for such 
period as it may think fi t:
Provided th at it shall take steps wit hin six months 
to constitute a  new Board  und er the  provisions of this 
Act.
Court com­
pete nt to 
try offences 
und er this 
Act and take 
cognizance 
of offences.
De leg ati on .  
of powers.
21. (1) No cou rt oth er than the  cou rt of a 
Magist rate  o f the  first class shall take cognizance of, or 
try an  offence u nde r this Act.
(2) No cou rt shall take cognizance of 
any offence under this Act except on a com pla int in 
writing of a n officer n ot below the ran k of a Sub- 
Inspector of Police.
22. Th e Sta te Governme nt or the Board may 
dele gate  such of its powers an d to such autho rity  as 
the  Sta te Governme nt or the  Board, as the  case may 
be, deem  necessary.
Making of 23. Sub ject to the previsions of this Act and  
Reg ulation s. t o  th e  r u ie s fram ed by the  Sta te Governme nt the re­
un de r, the  Board may  frame regulatio ns lor regulating
the  following ma tters, namely—
(1) (a) conditio ns on which edu cati onal or ins­
tructional institution s may  b e affiliated to 
or recognised by the Board  ;
(V ) the  admission of students to such educa­
tional or inst ruction al institutions ;
(c)  the cond itions un de r wh ich students shall 
be admitted to the  e xaminations of the 
Board for the purpose of  degrees, diplo­
mas  and certificates ;
 
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i .
Rules.
(< /)  the num ber , qualifications and emo lu­
ments of teac hers of the edu cat ion al or 
instruction al insti tutio ns affiliated to the  
Board ;
(«) the fees to be charged for courses of study 
in such insti tutions and for admission to 
the exam inations degrees, diplomas and 
certificates of the Board ;
( / )  the conditions and modes of appo int ­
me nt and duties of examiners and  the 
con duc t of exam inations. \ / /
(2) (a) Th e time  a nd  place at  which the meeting
shall be held ;
(6) the issue of notices conv enin g such 
meetings ;
(c ) the con duct of business there at ;
(< /)  the  salary, allowances an d oth er con di­
tions of service o f officers and  servants of 
the Board oth er than  the Registrar ;
!> ) all other mat ters  which may be necessary 
for the purposes of carrying ou t the  ob­
jects of this Act ;
(3) all such reg ulation s shall be pub lished in 
the  official Gaz ette ;
(4) the  State Governme nt may, by notificatio n in 
the official Gazette, cancel or modify any reg ula tion.
24. (1) Th e Sta te Governmen t ma y, from 
time  to time, make rules consistent with this Act for 
carryin g out the purposes of this Act.
(2) In  particular , and without pre jud ice to the 
gene rality of th e foregoing power, the Sta te Govern­
me nt may make rules for any of the following matters—  
(c) the  time at  which and  the place and 
man ner  in which election shall be held
and  nom ination  m ade  und er this Act ;
(6) regulation  o f elections under  this Act ;
(c)  the conduct o f the ma inte nan ce of corre ct
minutes of me eting o f the Board ;
(< /)  the ma nner in which vacancies of office
bear ers and mem bers of th e Board  shall be 
filled ;
( < > )  the  privileges, sala ry an d allow ances and  
oth er conditions of service of the Registrar  ;
( / )  the  acco unts  to be kept by Boards, the  
ma nner in which accounts shall be aud ited  
an d published and  the po wer of aud itors 
in  respec t of disallowance and s urchar ge;
(g) the date before whic h a me eting shall be
held  for the sanction of the b udget;
(h) the  m etho d and forms to be ado pted in the  
pre parat ion  o f the budget ;
(i) the ret urns, stateme nts and rep orts to be
submit ted by Boards ;
X ,

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(j  ) the form of Register of hom eopaths to be 
X  mainta ined under  this Act ;
(A ) the app lication of fees char ged under  this 
Act ;
(l) the  ma nner in which appe als aga ins t the
decision of the  Board shall be heard  ;
(m ) allowances if any pay abl e to mem bers  of 
the  Board and its Ch airma n ;
(? z) rem unera tion to be pai d to the  Ch airm an  ; 
(o) the  furtherance of any objects of the Board
as a teaching or exam ining body ;
( p ) ma inte nan ce of a patie nt register by pra c­
titio ners in the prescribe d form  ;
(9)  delegation  of power by the St ate Gover n­
me nt and by the Board ;
(r) the  fur the ran ce of any other objects of the
Act,
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A, G. P. (Leg.) No.15/55— 1050—6-12-1955,

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