LexThe Himachal Pradesh Homeopathic Practitioners Act, 1979
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS
ACT, 1979
ARRANGEMENT OF SECTIONS
Sections:
PART-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
PART-II
ESTABLISHMENT, CONSTITUTION AND
INCORPORATION OF COUNCIL AND REGISTRATION
OF PRACTITIONERS
3. Establishment, constitution and incorporation o f Council.
4. Election of members.
5. Nomination of members in default of election.
6. Term of office.
7. Vacancies.
8. Resignation.
9. Disabilities for continuing as member.
10. Disqualifications.
11. Vacancies etc. not to invalidate proceedings of Council.
12. Time and place of meetings of Council.
13. Procedure at meetings of Council.
14. Registrar.
15. Duties of the Registrar.
16. Registration.
17. Appeal to the Council from the decision of the Registrar and
other powers of the Council.
18. Qualified practitioner certificate.
19. Notice of death.
20. Inspection of institutions.
21. Qualifying examinations.
22. Removal of institution authorised to hold quali fying
examinations.
23. Exemption from service on inquest.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 2
24. Allowances payable to members.
25. Fees received by the Council.
26. Publication of list of practitioners.
27. Control of the Government.
28. Prohibition of practice by persons not register ed.
29. False assumption of degree etc. to be an offenc e.
30. Penalty for the violation of the provisions of section 28.
31. Conferring, granting or issuing degrees, diplom as etc. by
unauthorised persons or institutions.
32. Court competent to try offences under this Act and cognizance
of offences.
33. Power to amend Schedule-I.
PART-III
DISPUTES REGARDING ELECTIONS
34. Definitions.
35. Election petition.
36. Presentation of petitions.
37. Contents of petition.
38. Procedure on receiving election petitions.
39. Power to withdraw and transfer petitions.
40. Procedure before the prescribed authority.
41. Appearance before the prescribed authority.
42. Powers of the prescribed authority.
43. Documentary evidence.
44. Secrecy of voting not to be infringed.
45. Answering of incriminating questions and certif icate of
indemnity.
46. Expenses of witnesses.
47. Decision of the prescribed authority.
48. Grounds for setting aside election.
49. Abatement of election petition.
50. Costs and payment thereof out of security depos its and return of
such deposits.
51. Execution of orders as to costs.
52. Corrupt practices entailing disqualification.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 3
PART-IV
MISCELLANEOUS
53. Power to make rules.
54. Regulations.
55. Rules and regulations to be laid before State L egislature.
56. Repeal and savings.
57. Power to remove difficulty. .
SCHEDULE I
SCHEDULE II
_______________
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS
ACT, 1979
(ACT NO. 3 OF 1980)
1
(Received the assent of the President on the 27 th March, 1980 and
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated 23 rd
April, 1980, pp. 367-387.)
An Act to regulate the qualifications and to provid e for the registration
of practitioners of the homoeopathic system of medi cines in the
Himachal Pradesh.
It is hereby enacted by the Legislative Assembly of Himachal Pradesh
in the Thirtieth Year of the Republic of India as follows:-
PART-I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Homoeopathic Practitioners Act, 1979.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force on such date as the Go vernment may by
notification
2 in the Official Gazette appoint in this behalf.
2. Definitions .- In this Act, unless the context otherwise requires,-
(1) "chairman" means the chairman of the Council;
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 7 th April, 1979, p. 1230.
2. The Act came into force from 13 th February, 1981 vide Notification No. HFW-
11-2/71, dated 31 st July, 1981, published in the Rajpatra, Himachal Pr adesh
(Extra-ordinary), dated 18 th August, 1981, pp. 725-726.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 4
(2) "Council" means the Council of the Homoeopathi c System of
Medicines, Himachal Pradesh, established and consti tuted
under section 3;
(3) "Government" means the Government of Himachal P radesh;
(4) "homoeopathic system" means the homoeopathic s ystem of
medicines founded by Dr. Hahnemann, and includes th e
biochemic system of medicines founded by Dr. Schussler and
the expressions "homoeopathic" and "bio-chemic" sha ll be
construed accordingly;
(5) "inspector" means an inspector appointed under sub-section
(1) of section 20;
(6) "member" means a member of the Council and inc ludes the
chairman;
(7) "practitioner" means a person who practises the
homoeopathic system;
(8) "prescribed" means prescribed by rules or regul ations made
under this Act;
(9) "qualifying examination" means the examination held for the
purpose of granting a degree, diploma or certificat e
conferring right of registration under this Act;
(10) "register" means the register of practitioners maintained under
section 15;
(11) "registered practitioner" means a practitioner whose name is
for the time being entered in the register;
(12) "Registrar" means the Registrar appointed under section 14;
(13) "regulations" means regulations made under this Act; and
(14) "State" means the State of Himachal Pradesh.
PART-II
ESTABLISHMENT, CONSTITUTION AND
INCORPORATION OF COUNCIL AND REGISTRATION OF
PRACTITIONERS.
3. Establishment, constitution and incorporation of Council .- (1)
The Government may, as soon as may be, by notificat ion establish a Council
to be called, ‘The Council of Homoeopathic System o f Medicines, Himachal
Pradesh’, for the purpose of carrying out the provisions of this Act.
(2) The Council shall be a body corporate with name aforesaid,
having perpetual succession and a common seal with power to acquire, hold
and dispose of property, and to contract, and may b y that name sue and be
sued.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 5
(3) The Council shall consist of eight members resi ding in Himachal
Pradesh of whom-
(a) three members shall be nominated by the Governm ent one of
them, if possible, being a person connected with such institutions
as are referred to in Schedule-I; and
(b) five members, of whom not less than three shal l be persons
holding a degree, diploma or certificate in the hom oeopathic
system from such institutions as are referred to in Schedule-I,
shall be elected by the registered practitioners fr om amongst
themselves.
(4) The chairman of the Council shall be nominated by the
Government from amongst the members and shall hold office during the
pleasure of the Governor.
(5) The chairman of the Council and the five member s mentioned in
clause (b) of sub-section (3) shall in the case of first Council to be
constituted, be nominated by the Government from am ongst practitioners,
and such members shall be deemed to have been duly elected under clause
(b) of sub-section (3):
Provided that not less than four of such members sh all be persons
holding a degree, diploma or certificate in homoeop athic system from such
institutions as are referred to in Schedule-I.
(6) Every election or nomination of member and every vacancy in the
office of a member shall be notified by the Governm ent in the Official
Gazette.
4. Election of members .- The election of members under clause (b)
of sub-section (3) of section 3 shall be held at su ch time and place and in
such manner as may be prescribed.
5. Nomination of members in default of election .- If any of the
members not elected under clause (b) of sub-section (3) of section 3, the
Government may, notwithstanding anything contained in that sub-section
nominate such registered practitioner as it deems f it, and the practitioner so
nominated shall for the purposes of this part be de emed to have been duly
elected under that clause.
6. Term of office .- (1) Save as otherwise provided, the term of offi ce
of elected and nominated members shall be five year s commencing from the
date on which the first meeting of the Council is h eld after the members are
elected under sub-section (3) of section 3:
Provided that the term of office of members nominat ed to the first
Council shall be three years from the date on which the first meeting of such
Council is held.
(2) An outgoing member shall continue in office unt il the election or
nomination of his successor as the case may be.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 6
(3) The outgoing member shall be eligible for re-no mination or re-
election.
7. Vacancies .- (1) If a vacancy occurs in the office of a membe r due
to death, resignation, removal or disability of suc h member or otherwise, it
shall be filled in the same manner as is provided in section 3.
(2) Any person nominated or elected to fill the vac ancy shall
notwithstanding anything contained in section 6, ho ld office only so long as
the member in whose place he is nominated or electe d would have held
office if the vacancy had not occurred.
8. Resignation .- Any member may at any time resign his office by a
letter addressed to the chairman and such resignati on shall take effect from
the date on which it is accepted by the Council:
Provided that the chairman may resign his office by a letter addressed
to the Government and his resignation shall take ef fect from the date on
which it is accepted by the Government.
9. Disabilities for continuing as member .- If any member during the
period for which he has been nominated or elected-
(a) absents himself without such reasons, as may, i n the opinion
of the Council, be sufficient, from three consecutive meetings
of the Council, or
(b) becomes subject to any of the disqualifications mentioned in
section 10, or
(c) being a legal practitioner, appears in any sui t or proceedings,
civil or criminal, against the Council, or
(d) obtains any employment under the Council or ha s without the
previous sanction of the Government acquired direct ly or
indirectly by himself or by a partner any share or interest in
any contract made with, by, or on behalf of, the Council,
the Council may declare his office to be vacant:
Provided that in a case falling under clause (b), t he Council shall
declare the office to be vacant.
10. Disqualification s.- No person-
(a) who is a minor or an undischarged insolvent, o r
(b) who has been adjudicated by a competent court to be of
unsound mind, or
(c) whose name has been removed from the register, or
(d) who has been sentenced by a court to imprisonm ent for an
offence which, in the opinion of the Council, invol ves moral
turpitude or indicates such a defect of character a s would
render the entry or continuance of his name in the register
undesirable, the sentence not having been subsequen tly
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 7
reversed in appeal or revision, or remitted by an o rder which
the Government is empowered to make in that behalf, or
(e) who has been found guilty, by a majority of tw o-third, of the
members of the Council present and voting at the me eting
thereof, of in famous conduct in any professional respect after
enquiry by the Council at which an opportunity has been
given to such person to be heard in his defence eit her
personally or through a representative:
Provided that at least more than half of the total
members of the Council are actually present at such a
meeting, or
(f) who is a dismissed servant of the Government o r any local
authority,
shall be eligible for being elected or nominated as a member.
11. Vacancies etc. not to invalidate proceedings of Council .- No act
done, or proceeding taken, under this Act by the Co uncil shall be invalid
merely on the ground-
(a) of any vacancy or defect in the constitution o f the Council, or
(b) of any defect or irregularity in election or n omination of a
person acting as a member thereof, or
(c) of any defect or irregularity in such act or p roceeding, not
affecting the merits of the case.
12. Time and place of meetings of Council.- The Council shall meet
at such time and place and every meeting of the Cou ncil shall be summoned
in such manner as may be prescribed by regulations:
Provided that until such regulations are made it shall be lawful for the
chairman to summon every meeting of the Council at such time and place as
he may deem expedient by letter addressed to each member separately.
13. Procedure at meetings of Council .- (1) The chairman, and, in the
absence of the chairman, vice-chairman elected by the members shall preside
at a meeting of the Council.
(2) All questions at a meeting of the Council shall be decided by the
votes of the majority of the members present and vo ting and, in the case of
an equality of votes, the chairman for the time bei ng may, in addition to his
vote as a member of the Council exercise a second or a casting vote.
(3) Three members shall form a quorum at a meeting of the Council:
Provided that if a meeting is adjourned for want of quorum, no
quorum shall be necessary at the next meeting called for transacting the same
business.
(4) The vice-chairman shall be elected in the first meeting of the
Council by majority of the members present and voting.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 8
14. Registrar .- (1) Subject to the rules made in this behalf, th e
Council shall, with the previous approval of the Go vernment, appoint a
Registrar who shall receive such salary, allowances and be subject to such
conditions of service as may be prescribed:
Provided that until a Registrar is appointed, a person appointed by the
Government shall, as from the commencement of this Act, be deemed to be
the Registrar, who shall be entitled to such salary and allowances and shall
be subject to such conditions of service as may be determined by the
Government.
(2) The chairman may, from time to time, grant leav e to the Registrar
and the Council may appoint a person to act in his place.
(3) Any person duly appointed to act as a Registrar shall be deemed to
be the Registrar for all the purposes of this Act.
(4) Any order of the Council appointing, punishing or removing the
Registrar from office shall not be passed without the previous approval of the
Government.
(5) The Council may appoint such other officers and servants as may
be necessary for carrying out the purposes of this Act:
Provided that the number and designation of such of ficers and
servants and their salaries and allowances shall be subject to the previous
approval of the Government.
(6) The Registrar and any other officer or servant appointed under this
section shall be deemed to be a public servant with in the meaning of section
21 of the Indian Penal Code (45 of 1860).
(7) The Registrar shall be the Secretary of the Council and shall act as
Executive Officer of the Council.
15. Duties of the Registrar .- (1) Subject to the provisions of this Act
and the rules made thereunder and subject to any ge neral or special order of
the Council, it shall be the duty of the Registrar to keep the register.
(2) The register shall be kept in such form as may be prescribed and
shall contain the name, address and qualifications of every registered
practitioner together with the dates on which such qualifications were
acquired. The register shall be divided into the following two parts:-
Part-A- containing the names of practitioners referred to i n sub-
section (1) of section 16; and
Part-B- containing the names of practitioners referred to in sub-
section (2) of section 16.
(3) The Registrar shall keep the register correct a s far as may be
possible and may from time to time enter therein an y material alteration in
the address or qualifications of the practitioners. The names of registered
practitioners, who die or whose names are directed to be removed from the
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 9
register under sub-section (3) of section 16 shall be removed from the
register.
(4) A registered practitioner shall, on payment of such fees as may be
prescribed, be entitled to have entered in the regi ster any degrees, diplomas
or certificates or other qualifications in homoeopa thy or other recognised
medical degrees, diplomas or certificates which he may obtain.
(5) For the purpose of this section, the Registrar may write by
registered post to any registered practitioner at t he address which is entered
in the register to enquire whether he has ceased to practise or has changed his
residence and, if no answer is received to such let ter within six months, the
Registrar may remove the name of such practitioners from the register:
Provided that if the Council is satisfied, on the a pplication of such
practitioner, that he has not ceased to practise, t he Council may direct that
name of such practitioner be re-entered in the register.
16. Registration .- (1) Every person, who possesses any qualificatio n
mentioned in Schedule-I, shall, subject to the provisions contained in this Act
and on payment of the prescribed fees, be entitled to have his name entered
in Part-A of the register subject to such condition s as the Council may by
regulations specify.
(2) Every person, who, within a period of six months from the date on
which this Act comes into force, proves to the sati sfaction of the Registrar
that immediately before the commencement of this Ac t he was not less than
twenty-five years of age and had been in continuous practice as a practitioner
for at least five years, shall, on payment of the p rescribed fees, be entitled to
have his name entered in Part-B of the register sub ject to such conditions as
the Council may by regulations specify.
(3) No person,-
(a) who is registered or deemed to have been regist ered under the
Punjab Medical Registration Act, 1916 (2 of 1916) o r the
Himachal Pradesh Ayurvedic and Unani Practitioners Act,
1968 (21 of 1968), shall be eligible for registration under sub-
section (1) or sub-section (2) unless and until he ceases to be
registered under those Acts; or
(b) who is registered or deemed to have been regist ered under
sub-section (1) or sub-section (2), shall continue to be a
registered practitioner under this Act, if subseque nt to . such
registration he also gets himself registered under the Punjab
Medical Registration Act, 1916 (2 of 1916), or the Himachal
Pradesh Ayurvedic and Unani Practitioners Act, 1968 (21 of
1968).
(4) Where an application for entry in the register is made by a person
whose case is not clearly covered by sub-section (1 ) or sub-section (2) or by
the rules or regulations made under this Act, the R egistrar shall refer his
application to the Council for such decision as the Council may deem fit.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 10
(5) The Council may direct that the name of any pra ctitioner who has
been convicted of a cognizable offence as defined i n the Code of Criminal
Procedure, 1973 (2 of 1974), which discloses such d efect of a morel
character as is, in the opinion of the Council, suf ficient to make him unfit to
practise his profession or who has been found, afte r due inquiry, guilty of
conduct which is, in the opinion of the Council, infamous in any professional
respect, shall be removed from the register.
(6) The Council may, on sufficient cause being shown, also direct that
the name of the practitioner so removed shall be re -entered in the register on
payment of such fees as may be prescribed.
17. Appeal to the Council from the decision of the Registrar and
other powers of the Council .- (1) Any person aggrieved by the decision of
the Registrar regarding registration of any person or any entry in the register
may appeal to the Council.
(2) Such appeal shall be filed with, and shall be h eard and decided by
the Council in the manner prescribed.
(3) The Council may, on its own motion or on the ap plication of any
person, after due and proper enquiry and after givi ng an opportunity to the
person concerned of being heard, cancel or alter an y entry in the register if,
in the opinion of the Council, such entry was fraud ulently or incorrectly
made.
18. Qualified practitioner certificate .- Notwithstanding anything in
any law for the time being in force,-
(a) the expression "legally qualified medical prac titioner" or duly
qualified medical practitioner, or any word importi ng a
person recognised by law as a medical practitioner or a
member of medical profession shall in all Acts or o ther
provisions having the force of law in Himachal Prad esh and
relating to matters in List II or List III of the S eventh
Schedule to the Constitution of India, includes a p ractitioner
registered in Part ‘A’ of the register;
(b) a certificate required by any Act to be issued by any medical
practitioner or medical officer shall be valid if such certificate
has been signed and issued by a practitioner registered in Part
`A' of the register:
Provided that a certificate of illness may be signe d and
issued by any practitioner registered in Part `B' of the register;
(c) a practitioner registered in Part `A' of the r egister shall be
eligible to hold any appointment as a medical offic er in any
homoeopathic dispensary or hospital supported by or
receiving a grant from the Government and treating patients
according to the homoeopathic system or in any publ ic
establishment, body or institution dealing with such system.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 11
19. Notice of death .- Every Registrar of Deaths on receiving notice of
the death of a registered practitioner shall forthw ith transmit by post to the
Registrar a certificate under his own hand of such death with the particulars
of time and place of death and may charge the cost of such certificate and
transmission as an expense of his office.
20. Inspection of institutions .- (1) The Council may appoint such
number of Inspectors to inspect the institutions an d their examinations as it
may deem fit and such Inspector shall be paid such fee as may be prescribed.
(2) Such Inspectors shall, in accordance with any g eneral or special
directions of the Council given from time to time, inspect the institutions
established by or affiliated to the Council and rep ort to the Council in regard
to the courses of study pursued and training impart ed at every institution,
which they inspect and on any other matters with re gard to which the
Council may require them to report.
21. Qualifying examinations .- (1) The Council shall by regulations,-
(a) recognise institutions as required under parag raph (2) of
Schedule-I;
(b) prescribe the course of training and qualifying examinations
including the examinations prior to qualifying examinations;
(c) provide that instructions and examination shal l as far as
possible be given or held in the languages specifie d in the
regulations.
(2) A qualifying examination shall be an examinatio n in the
homoeopathic system held for the purpose of grantin g a diploma, degree or
certificate conferring the right of registration un der this Act by any of the
institutions which on the recommendations of the Co uncil may be specified
by the Government by notifications as being authori sed to hold a qualifying
examination.
(3) It shall be the duty of the Council to secure t he maintenance of an
adequate standard of proficiency for the practice o f homoeopathic system.
For the purpose of securing such a standard the Cou ncil shall have authority
to call on the governing body or authorities of any institution giving
instructions in the homeopathic system and on any e xamining body
authorised or desirous of being authorised under sub-section (2)-
(a) to furnish such particulars as the Council sha ll require of any
course of study prescribed by regulations or examination held
by such body or authority or in any school or colle ge thereof
with reference to the grant of any qualifications; and
(b) to permit Inspectors appointed by the Council from amongst
the registered practitioners in this behalf to atte nd and be
present at all or any of qualifying examinations.
(4) An Inspector shall not interfere with the condu ct of any
examination, but it shall be his duty to report to the Council his opinion as to
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 12
the sufficiency or insufficiency of every examinati on which he attends and
any other matter in relation to such examination on which the Council may
require him to report.
(5) Every qualifying examination and every prior examination leading
upto it held by the bodies or institutions authorised under this section shall be
inspected by the Inspector at least once in two yea rs and more frequently if
the Council so directs.
(6) The Council shall forward a copy of every such report to the body
which held the examination in respect of which the said report was made and
shall also forward a copy of such report, together with any observations
thereon made by the said body, to the Government.
22. Removal of institution authorised to hold quali fying
examinations.- If it appears to the Government on the report of t he Council
that the courses of study and examinations prescrib ed by any of the
institutions specified in the notification under se ction 21 are not such as to
secure the maintenance of an adequate standard of p roficiency for the
practice of homoeopathic system it shall be lawful for the Government to
direct by notification that the said institution sh all be removed from the said
notification and shall not be authorised to hold a qualifying examination:
Provided that, before any direction for the removal of an institution
from the said notification is made under this secti on, the Council shall
require the institution to take steps within such time as it thinks fit to provide
that the courses of study and examinations prescribed by the institution are of
an adequate standard.
23. Exemption from service on inquest .-Notwithstanding anything
in any other law for the time being in force, every registered practitioner
shall be exempted, if he so desires, from serving o n any inquest under the
Code of Criminal Procedure, 1973 (2 of 1974).
24. Allowances payable to members .- There shall be paid to the
members for attending meetings of the Council such travelling and other
allowances as may be prescribed.
25. Fees received by the Council .- All moneys received by the
Council as fees under this Act shall be applied for the purpose of this Act in
accordance with the rules made thereunder.
26. Publication of list of practitioners .- (1) The Registrar shall, at
least once in every five years, on or before a date to be fixed by the Council,
cause to be printed and published a correct list of the names and
qualifications of all practitioners for the time being entered in the register and
the dates when such qualifications were acquired.
(2) In any proceeding it shall be presumed that eve ry person entered
in such list is a registered practitioner and that any person not so entered is
not a registered practitioner.
27. Control of the Government .- If at any time it appears to the
Government that the Council has neglected to exerci se or has exceeded or
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 13
abused any of the powers conferred upon it by or un der this Act or has
neglected to perform any of the duties imposed upon it by or under this Act,
the Government may, communicate the particulars of such neglect, excess or
abuse to the Council, and if, the Council fails to remedy such neglect, excess
or abuse within such time as may be fixed by the Go vernment in this behalf,
the Government may, for the purpose of remedying su ch neglect, excess or
abuse cause any of the powers and duties of the Cou ncil to be exercised and
performed by such agency and for such period as the Government may think
fit.
28. Prohibition of practice by persons not register ed .- No person,
other than a practitioner registered under this Act , shall practise or hold
himself out, whether directly or by implication, as practising or as being
prepared to practise the homoeopathic system.
29. False assumption of degrees etc. to be an offen ce .- Whosoever
voluntarily and falsely assume or uses any title or description or any addition
to his name implying that he holds a degree, diploma or certificate conferred,
granted or issued by any of the institutions specif ied in the notification made
under section 21 or that he is qualified to practis e the homoeopathic system ,
or that he is a registered practitioner, shall on c onviction be punishable with
fine which may extend to two hundred and fifty rupe es for the first offence
and with fine which may extend to five hundred rupe es for every subsequent
offence.
30. Penalty for the violation of the provisions of section 28 .- Any
person who acts in contravention of the provisions of section 28 shall, on
conviction, be punishable with fine which may exten d to two hundred
rupees.
31. Conferring, granting or issuing degrees, diplom as, etc. by
unauthorised persons or institutions .- (1) No person, other than an
association or institution recognised or authorised by the Council under this
Act, shall confer, grant or issue or hold himself o r itself out as entitled to
confer, grant or issue any degree, diploma, certifi cate or other document
stating or implying that the holder, grantee or recipient is qualified to practise
the homoeopathic system .
(2) Whoever contravenes the provisions of sub-secti on (1) shall, on
conviction, be punishable with fine which may extend to five hundred rupees
and if the person so contravening is an association , every member of such
association, who knowingly and wilfully authorises or permits the
contravention, shall, on conviction, be punishable with fine which may
extend to two hundred rupees.
32. Court competent to try offences under this Act and cognizance
of offences .- (1) No court other than the court of a Judicial Magistrate of the
1st Class shall take cognizance of or try an offence under this Act.
(2) No court shall take cognizance of any offence u nder this Act
except on a complaint in writing of an officer empowered by the Government
in this behalf.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 14
33. Power to amend Schedule-I .- The State Government may by
notification amend Schedule-I, so as to add thereto or omit therefrom any
qualification, and thereupon such Schedule shall be deemed to have been
amended accordingly.
PART-III
DISPUTES REGARDING ELECTIONS
34. Definitions .- In this part, unless the context otherwise requires,-
(a) "agent" means any person appointed in writing by a candidate
at an election to be his agent for the purposes of his election
with the written consent of such person;
(b) "candidate" means a person who has been or cla ims to have
been duly nominated as a candidate at an election, and any
such person shall be deemed to have been candidate as from
the time when, with the election in prospect, he be gan to hold
himself out as a prospective candidate;
(c) “corrupt practice" means any of the practices specified in
Schedule-II;
(d) "costs" means all costs, charges and expenses of, or incidental
to, trial of an election petition;
(e) "election" means an election to fill the offic e of a member;
(f) "electoral right" means the right of a person to stand or not to
stand, as, or to withdraw from being a candidate or to vote or
refrain from voting at an election;
(g) "pleader" means any person entitled to appear and plead for
another in a civil court, and includes an advocate.
35. Election petition .- No election of a member shall be called in
question except by an election petition presented i n accordance with the
provisions of this part.
36. Presentation of petitions .- (1) Any registered practitioner may
within a period of thirty days from the date on whi ch the election of any
member is notified under sub-section (6) of section 3 and on furnishing the
prescribed security in the prescribed manner, prese nt on one or more of the
grounds specified in sub-section (1) of section 48 to the prescribed authority
an election petition in writing against the election of such member.
(2) The election petition shall be deemed to have b een presented to
the prescribed authority-
(a) when it is delivered to the prescribed authori ty,-
(i) by the person making the petition, or .
(ii) by the person authorised in writing in this be half by the
person making the petition, or
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 15
(b) when it is sent by registered post and is deli vered to the
prescribed authority.
37. Contents of petition .- (1) An election petition-
(a) shall contain concise statement of the material facts on which
the petitioner relies;
(b) shall set forth full particulars of any corrup t practice that the
petitioner alleges, including as full a statement a s possible of
the names of parties alleged to have committed such corrupt
practice and the date and place of the commission o f each
such practice; and
(c) shall be signed by the petitioner and verified in the manner
laid down in the Code of Civil Procedure, 1908 (5 o f
1908),for the verification of pleadings:
Provided that where the petitioner alleges any corr upt practice, the
petition shall also be accompanied by an affidavit in the prescribed form, in
support of the allegation of such corrupt practice and the particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by
the petitioners and verified in the same manner as the petition.
38. Procedure on receiving election petitions .- If the prescribed
security is not furnished in the prescribed manner or the petition is not
presented within the period specified in section 36 , the prescribed authority
shall dismiss the petition:
Provided that the petition shall not be dismissed w ithout giving the
petitioner an opportunity of being heard.
39. Power to withdraw and transfer petitions .- Any authority
empowered in this behalf by the Government may, at any stage after notice
to parties and for reasons to be recorded, withdraw any election petition
pending before a prescribed authority and transfer it for trial to another
prescribed authority; and upon such transfer, that prescribed authority shall
proceed with the trial from the stage at which it was withdrawn:
Provided that such authority may, if it thinks fit, recall and re-examine
any of the witnesses already examined.
40. Procedure before the prescribed authority .- (1) Subject to the
provisions of this Act and of any rules made thereu nder, every election
petition shall be tried by the prescribed authority , as nearly as may be, in
accordance with the procedure applicable, under the Code of Civil
Procedure, 1908 (5 of 1908), to the trial of suits:
Provided that the prescribed authority shall have t he discretion to
refuse for reasons to be recorded to examine any witness, or witnesses, if it is
of the opinion that their evidence is not material for the decision of the
petition or that the party tendering such witness o r witnesses is doing so on
frivolous grounds or with a view to delay the proceedings.
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 16
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872),
shall, subject to the provisions of this Act, be de emed to apply in all respects
to the trial of election petition.
41. Appearance before the prescribed authority .- Any appearance,
application or act before the prescribed authority may be made or done by the
party in person or by a pleader duly appointed to act on his behalf:
Provided that it shall be open to the prescribed au thority to direct any
party to appear in person whenever the prescribed a uthority considers it
necessary.
42. Powers of the prescribed authority .- The prescribed authority
shall have the powers which are vested in a court u nder the Code of Civil
Procedure, 1908 (5 of 1908), when trying a suit in respect of following
matters:-
(a) discovery and inspection;
(b) enforcing the attendance of witnesses;
(c) requiring the deposit of their expenses;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit;
(g) issuing commission for the examination of witn esses; and
(h) compelling the production of documents;
and may summon and examine suo moto any person whos e evidence
appears to it to be material; and shall be deemed to be a civil court within the
meaning of sections 345(1) and 346 of the Code of Criminal Procedure, 1973
(2 of 1974).
Explanation .- For the purpose of enforcing the attendance of
witnesses the local limits of the jurisdiction of t he prescribed authority shall
be the limits of the State of Himachal Pradesh.
43. Documentary evidence .- Notwithstanding anything in any
enactment to the contrary, no document shall be ina dmissible in evidence at
the trial of an election petition on the ground tha t it is not duly stamped or
registered.
44. Secrecy of voting not to be infringed .- No witness or other
person shall be required to state for whom he has voted at an election.
45. Answering of incriminating questions and certif icate of
indemnity .- (1) No witness shall be excused from answering any question as
to any matter relevant to a matter in issue in the trial of an election petition
on the ground that the answer to such question may incriminate him or may
tend to incriminate him, or that it may expose or m ay tend to expose him to
any penalty or forfeiture:
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 17
Provided that -
(a) a witness who answers truly all questions whic h he is
required to answer shall be entitled to receive a c ertificate of
indemnity from the prescribed authority; and
(b) an answer given by a witness to a question put by or before
the prescribed authority shall not, except in the c ase of any
criminal proceeding for perjury in respect of the e vidence, be
admissible in evidence against him in any civil or criminal
proceeding.
(2) When a certificate of indemnity has been granted to any witness it
may be pleaded by him in any court and shall be a f ull and complete defence
to or upon any charge under Chapter `IX-A' of India n Penal Code (45 of
1860), arising out of the matter to which such cert ificate relates, but it shall
not be deemed to relieve him from any disqualificat ion in connection with
any election imposed by this Act or any other law.
46. Expenses of witnesses .- The reasonable expenses incurred by any
person in attending to give evidence may be allowed by the prescribed
authority to such person, and shall, unless the pre scribed authority otherwise
directs, be deemed to be part of the costs.
47. Decision of the prescribed authority .-(1) When an election
petition has not been dismissed under section 38, t he prescribed authority
shall inquire into the election petition and at the conclusion of the enquiry
shall make an order-
(a) dismissing the election petition; or
(b) setting aside the election.
(2) At the time of making an order under sub-sectio n (1) the
prescribed authority shall also make an order -
(a) where any charge is made in the petition of any corrupt
practice having been committed at the election, recording- .
(i) a finding whether any corrupt practice has or h as not
been proved to have been committed at the election and
the nature of that corrupt practice; and .
(ii) the names of all persons, if any, who have be en proved
at the trial to have been guilty of any corrupt pra ctice
and the nature of that practice; and
(b) fixing the total amount of cost payable, and s pecifying the
persons by and to whom costs shall be paid:
Provided that a person who is not a party to the pe tition shall not be
named in the order under sub-clause (ii) of clause (a) unless-
(i) he has been given notice to appear before the prescribed
authority and to show cause why he should not be so named;
and
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 18
(ii) if he appears in pursuance of the notice, he h as been given an
opportunity of cross-examining any witness who has already
been examined by the prescribed authority and has g iven
evidence against him, of calling evidence in his de fence and
of being heard.
48. Grounds for setting aside election .- (1) If the prescribed
authority is of the opinion-
(a) that on the date of his election the elected p erson was not
qualified, or was disqualified, to be elected under this Act; or
(b) that any corrupt practice has been committed b y the elected
person or his agent or by any other person with the consent of
the elected person or his agent; or
(c) that any nomination has been improperly reject ed; or
(d) that the result of the election, in so far as it concerns the
elected person, has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by the improper reception, refusal or rejectio n of any
vote or the reception of any vote which is void; or
(iii) by any non-compliance with the provisions of this Act
or of any rules made under this Act;
it shall set aside the election of the elected person.
(2) When an election has been set aside under sub-s ection (1), a fresh
election shall be held.
49. Abatement of election petition .- An election petition shall abate
only on the death of a sole petitioner or of the survivor of several petitioners.
50. Costs and payment thereof out of security deposits and return
of such deposits .- (1) Costs including pleader's fee shall be in th e discretion
of the prescribed authority.
(2) If in any order as to costs under the provision s of this part there is
a direction for payment of costs by any party to an y person, such costs shall,
if they have not been already paid, be paid in full, or so far as possible, out of
the security deposit made by such party under this part, on an application,
made in writing in that behalf within a period of o ne year from the date of
such order to such authority as may be empowered in this behalf by the
Government, by the person in whose favour the costs have been awarded.
(3) If there is any balance left of the security de posit under this part
after payment under sub-section (2) of the costs re ferred to in that sub-
section, such balance, or where no costs have been awarded or no application
as aforesaid has been made within the said period o f one year, the whole of
the said security deposit may, on an application ma de in that behalf in
writing to the authority referred to in sub-section (2) by the person by whom
the security has been deposited, or if such person dies after making such
THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 19
deposit, by the legal representatives of such perso n, be returned to the said
person or to his legal representatives, as the case may be.
51. Execution of orders as to costs .- Any orders as to costs under the
provisions of this part may be produced before the principal civil court
within the local limits of whose jurisdiction any p erson directed by such
order to pay any sum of money has a place of reside nce or business and such
court shall execute the order or cause the same to be executed in the same
manner and by the same procedure as if it were a de cree for the payment of
money made by itself in a suit:
Provided that where any such cost or any portion th ereof may be
recovered by an application made under sub-section (2) of section 50, no
application shall lie under this section within a p eriod of one year form the
date of such order unless it is for the recovery of the Excerpt shown. Open the full act in Lexace.