LexThe Homoeopathy Central Council Act, 1973
Maharashtra · state statute
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THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE CENTRAL COUNCIL AND ITS COMMITTEES
3. Constitution of Central Council.
3A. Power of Central Government to supersede Central Council and to constitute a Board of
Governors.
3B. Certain modifications of Act.
3C. Power of Central Government to give directions.
4. Mode of election.
5. Restriction on elections and membership.
6. Incorporation of Central Council.
7. Term of office of President, Vice-President and members of Central Council.
8. Meetings of Central Council.
9. The Executive Committee and other committees.
10. Meetings of committees.
11. Officers and other employees of Central Council.
12. Vacancies in the Central Council and committees thereof not to invalidate acts, etc.
CHAPTER IIA
12A. Permission for establishment of new medical institution, new course of study, etc.
12B. Non-recognition of medical qualifications in certain cases.
12C. Time for seeking permission for certain existing medical colleges.
CHAPTER III
RECOGNITION OF MEDICAL QUALIFICATIONS
13. Recognition of medical qualification granted by certain medical institutions in India.
14. Recognition of medical qualifications granted by medical institutions in States or countries
outside India.
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SECTIONS
15. Rights of persons possessing qualifications included in Second or the Third Schedule to be
enrolled.
16. Power to require information as to courses of study and examinations.
17. Inspectors at examinations.
18. Visitors at examinations.
19. Withdrawal of recognition.
20. Minimum standards of education in Homoeopathy.
CHAPTER IV
THE CENTRAL REGISTER OF HOMOEOPATHY
21. The Central Register of Homoeopathy.
22. Supply of copies of State Register of Homoeopathy.
23. Registration in the Central Register of Homoeopathy.
24. Professional conduct.
25. Removal of names from the Central Register of Homoeopathy.
25A. Provisional registration for practice.
26. Privileges of persons who are enrolled on the Central Register of Homoeopathy.
27. Registration of additional qualifications.
28. Persons enrolled on Central Register of Homoeopathy to notify change of place of residence or
practice.
CHAPTER V
MISCELLANEOUS
29. Information to be furnished by Central Council and publication thereof.
30. Commission of inquiry.
31. Protection of action taken in good faith.
32. Power to make rules.
33. Power to make regulations.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
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THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973*
ACT NO. 59 OF 1973
[19th December, 1973.]
An Act to provide for the constitution of a Central Council of Homoeopathy and the maintenance
of a Central Register of Homoeopathy and for matters connected therewith.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Homoeopathy Central
Council Act, 1973.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date 1 as the Central Government may, by notification in
the Official Gazette, appoint in this behalf for such State and different dates may be appointed for
different States and for different provisions of this Act.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “Board” means a Board, Council, Examining Body or Faculty of Homoeopathy (by whatever
name called) constituted by the State Government under any law for the time being in force
regulating the award of medical qualifications in, and registration of practitioners of, Homoeopathy;
(b) “Central Council” means the Central Council of Homoeopathy constituted under section 3;
(c) “Central Register of Homoeopathy” means the register maintained by the Central Council
under this Act;
(d) “Homoeopathy” means the Homoeopathic system of medicine and i ncludes the use of
Biochemic remedies;
(e) “medical institution” means any institution within or without India which grants degrees,
diplomas or licences in Homoeopathy;
(f) “prescribed” means prescribed by regulations;
(g) “recognised medical qualification” means any of the medical qualifications, in Homoeopathy,
included in the Second or the Third Schedule;
(h) “regulation” means a regulation made under section 33;
(i) “State Register of Homoeopathy” means a register or registers maintained under any law for
the time being in force in any State regulating the registration of practitioners of Homoeopathy;
1. 1st August, 1974, vide notification No. S.O. 460(E), dated 30th July, 1974, in respect of Chapter I, s. 12 and Chapter V, see
Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st August, 1974, provisions of ss. 3 to 11 (both inclusive) and ss. 13 to 15 (both inclusive) sha ll come into force in all the
States (except the States of Haryana, Himachal Pradesh, Jammu and Kashmir, Nagaland, Punjab and Tripura) and in the
Union territories of Chandigarh and Delhi. vide notification No. S.O. 460(E), dated 30th July, 1974, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
* Subject to verification and confirmation by the administrative ministry.
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(j) “University” means any University in India established by law and having a Faculty of
Homoeopathy and includes a University in India established by la w in which instruction, teaching,
training or research in Homoeopathy is provided.
1* * * * *
CHAPTER II
THE CENTRAL COUNCIL AND ITS COMMITTEES
3.Constitution of Central Council. —(1) The Central Government shall, by notification in the
Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following
members, namely:—
(a) such number of members not exceeding five as may be determined by the Central
Government in accordance with the provisions of the First Sch edule from each State in which a State
Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled
on that register as practitioners of Homoeopathy;
(b) one member from each University to be elected from amongst themsel ves by the members of
the Faculty or Department (by whatever name called) of Homoeopathy of that University:
Provided that until any such Faculty or Department of Homoeopathy is started in at least seven
Universities, the Central Government may nominate such number of members not exceeding seven as
may be determined by the Central Government from amongst the teaching staff of medical
institutions within India, so however, that the total number of members so nominated and elected
under this clause shall in no case exceed seven;
(c) such number of members, not exceeding forty per cent. of the total number of members
elected under clauses ( a) and ( b), as may be nominated by the Central Government, from amongst
persons having special knowledge or practical experience in respect of Homoeopathy or other related
disciplines:
Provided that until members are elected under clause ( a) or clause ( b) in accordance with the
provisions of this Act and the rules made thereunder, the Central Government shall nominate such
number of members, being persons qualified to be chosen as such under the said clause ( a) or clause
(b), as the case may be, as that Government thinks fit; and references to elected members in this Act
shall be construed as including references to members so nominated.
(2) The President and the Vice -President of the Central Council shall be elected by the members of
the Central Council from amongst themselves in such manner as may be prescribed:
Provided that for two years from the first constitution of the Ce ntral Council, the President and the
Vice-President shall be nominated by the Central Government from amongst the members of the Central
Council and the President and the Vice-President so nominated shall, notwithstanding anything contained
in sub-section (1) of section 7, hold office during the pleasure of the Central Government.
2[3A. Power of Central Government to supersede Central Council and to constitute a Board of
Governors.—(1) On and from the date of commencement of the Homoeopathy Central Council
(Amendment) Act, 2018 (23 of 2018), the Central Council shall stand superseded and the President, Vice-
President and other members of the Central Council shall vacate their offices and shall have no claim for
any compensation, whatsoever.
1. Sub -section ( 2) omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020,
vide notification No. S.O. 1123(E) dated (18-3-2020).
2. Ins. by Act 23 of 2018, s. 2 (w.e.f. 18-5-2018).
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
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(2)The Central Council shall be reconstituted in accordance with the provisions of section 3 1[within a
period of two year] from the date of supersession of the Central Council under sub-section (1).
(3) Upon the supersession of the Central Council under sub -section (1) and until a new Council is
constituted in accordance with section 3, the Board of Governors constituted under sub -section (4) shall
exercise the powers and perform the functions of the Central Council under this Act.
(4) The Central Government shall, by no tification in the Official Gazette, constitute a Board of
Governors which shall consist of not more than seven persons as its members, who shall be persons of
eminence and of unimpeachable integrity in the fields of Homoeopathy and Homoeopathy education, a nd
eminent administrators, and who may be either nominated member or members, ex officio , to be
appointed by the Central Government, one of whom shall be selected by the Central Government as the
Chairperson of the Board of Governors.
(5) The Chairperson and the other members, other than the members, ex officio, shall be entitled to
such sitting fee and travelling and other allowances as may be determined by the Central Government.
(6) The Board of Governors shall meet at such time and suc h place and shall observe such rules of
procedure in regard to the transaction of business at its meetings as is applicable to the Central Council.
(7) Two-third of the members of the Board of Governors shall constitute the quorum of its meetings.
(8) No act or proceedings of the Board of Governors shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board of Governors; or
(b) any irregularity in the procedure of the Board of Governors not affecting the merits of the case.
(9) A member having any financial or other interest in any matter coming before the Board of
Governors for decision, shall disclose his interest in the mat ter before he may, if allowed by the Board of
Governors, participate in such proceedings.
(10) The Chairperson and other members of the Board of Governors shall hold office during the
pleasure of the Central Government.
3B. Certain modifications of Act. —During the period when the Central Council stands
superseded,—
(a) the provisions of the Act shall be construed as if for the words "Central Council", the words
"Board of Governors" were substituted;
(b) the Board of Governors shall exercise the powers and discharge the functions of the Central
Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the
modification that references therein to the Central Council shall be construed as references to the Board
of Governors.
3C. Power of Central Government to give directions .—(1) Without prejudice to the provisions of
this Act, the Board of Governors or the Central Council after its reconstitution shall, in exercise of its
powers and in the performance of its functions under this Act, be bound by such directions on question of
policy, other than those relating to technical and administrative matters, as the Central Government may
give in writing to it from time to time:
Provided that the Board of Governors or t he Central Council, after its reconstitution shall, as far as
practicable, be given an opportunity to express its view before any direction i s given under this sub -
section.
1. Subs. by Act 11 of 2019, s. 2, for “within a period of one year” (w.e.f. 2-3-2019).
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(2) The decision of the Central Government whether a question is a matter of policy or not shall be
final.]
4. Mode of election. —(1) An election under clause ( a) or clause ( b) of sub -section (1) of section 3
shall be conducted by the Central Government in accordance with such rules as may be made by it in this
behalf.
(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the
Central Government whose decision shall be final.
5. Restriction on elections and membership. —(1) No person shall be eligible for election to the
Central Council unless he possesses any of the medical qualifications included in the Second or the Third
Schedule, is enrolled on any State Register of Homoeopathy and resides in the State concerned.
(2) No person may at the same time serve as a member in more than one capacity.
6. Incorporation of Central Council. —The Central Council shall be a body corporate by the name
of the Central Council of Homoeopathy having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said
name sue and be sued.
7. Term of office of President, Vice -President and members of Central Council. —(1) The
President, Vice-President or a member of the Central Council shall hold office for a term of five years
from the date of his election or nomination, as the case may be, or until his successor shall have been duly
elected or nominated, whichever is longer.
(2) A person who holds, or who has held, office as President or Vice-President of the Central Council,
shall be eligible for re-election to that office once, but only once.
(3) Members of the Central Council shall be eligible for re-election or re-nomination.
(4) An elected or nominated member shall be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the
Central Council or, in the case of a member elected under clause ( a) of sub-section (1) of section 3, if he
ceases to be enrolled on the concerned State Register of Homoeopathy, or in the case of a member elected
under clause ( b) of that sub -section, if he ceases to be a member of the Faculty or Department (by
whatever name called) of Homoeopathy of the University concerned.
(5) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may
be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the
term for which the member whose place he takes was elected or nominated.
(6) Where the said term of five years is about to expire in respect of any member, a successor may be
elected or nominated at any time within three months before the said term expires but he shall not assume
office until the said term has expired.
8. Meetings of Central Council. —(1) The Central Council shall meet at least once in each year at
such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one -third of the total number of members of the Central Council
shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members
present and voting.
9. The Executive Committee and other committees.—(1) The Central Council shall constitute from
amongst its members an Executive Committee and such other committees for general or special purposes
as the Council deems necessary to carry out the purposes of this Act.
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(2) (i) The Executive Committee (hereafter in this section referred to as the Committee), shall consist
of the President and Vice-President, who shall be members ex officio, and not less than five and not more
than seven members who shall be elected by the Central Council from amongst its members.
(ii) The President and the Vice-President shall be the President and Vice-President respectively of the
Committee.
(iii) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee
shall exercise and discharge such powers and duties as the Central Council may confer or impose upon it
by any regulations which may be made in this behalf.
10. Meetings of committees. —(1) The committees constituted under section 9 shall meet at least
twice in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form
a quorum, and all the acts of the committee shall be decided by a majority of the members present and
voting.
11. Officers and other employees of Central Council.—The Central Council shall—
(a) appoint a Registrar who shall also act as Secretary;
(b) employ such other persons as it deems necessary to carry out the purposes of this Act;
(c) require and take from the Registrar or from any other employee, such security for the due
performance of his duties as the Central Council deems necessary; and
(d) with the previous sanction of the Central Government, fix the remuneration and allowances to
be paid to the President, Vice -President and members of the Central Council and to the members o f
the committees thereof and determine the conditions of service of the employees of the Central
Council.
12. Vacancies in the Central Council and committees thereof not to invalidate acts, etc. —No act
or proceeding of the Central Council or any committee thereof shall be called in question on the ground
merely of the existence of any vacancy in, or any defect in the constitution of the Central Council or the
committee, as the case may be.
1[CHAPTER IIA
12A. Permission for establishment of new medical insti tution, new course of study, etc. —(1)
Notwithstanding anything contained in this Act or any other law for the time being in force, —
(a) no person shall establish a Homoeopathic Medical College; or
(b) no Homoeopathic Medical College shall—
(i) open a new or higher course of study or training (including post -graduate course of study
or training) which would enable students of each course or training to qualify himself for the
award of any recognized medical qualification; or
(ii) increase its admission cap acity in any course of study or training (Including the post -
graduate course of study or training),
except with the previous permission of the Central Government obtained in accordance with the
provisions of this section.
1. Ins. by Act 51 of 2002, s. 2 (w.e.f. 28-1-2003).
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Explanation 1.—For the purposes of this section, “person” includes any University or a trust, but does
not include the Central Government.
Explanation 2.—For the purposes of this section, “admission capacity”, in relation to any course of
study or training (including post -graduate course of study or training) in a medical institution, means the
maximum number of students as may be decided by the Central Council from time to time for being
admitted to such course or training.
(2) ( a) Every person or medical institution shall, for the purpose of obtaining permis sion under
sub-section (1) submit to the Central Government a scheme in accordance with the provisions of clause
(b) and the Central Government shall refer the scheme to the Central Council for its recommendations.
(b) The scheme referred to in clause ( a) shall be in such form and contain such particu lars and be
preferred in such manner and be accompanied with such fee as may be prescribed.
(3) On receipt of a scheme from the Central Government under sub -section (2), the Central Council
may obtain such other particulars as may be considered necessary by it from the person or the medical
institution concerned, and thereafter, it may,—
(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable
opportunity to the person or medical institution concerned for making a written representation and it
shall be open to such person or medical institution to rectify the defects, if any, specified by the
Central Council;
(b) consider the scheme, having regard to the factors referred to in sub -section (7), and submit it
to the Central Government together with its recommendations thereon within n period not exceeding
six months from the date of receipt of the reference from the Central Government.
(4) The Central Government may, after considering the scheme and the recommendations of the
Central Council under sub-section (3) and after obtaining, where necessary, such other particulars as may
be considered necessary by it from the person or medical i nstitution concerned, and having regard to the
factors referred to in sub -section ( 7), either approve (with such conditions, if any, as it may consider
necessary) or disapprove the scheme and any such approval shall constitute as a permission under
sub-section (1):
Provided that no scheme shall be disapproved by the Central Government except after giving the
person or medical institution concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or medical institution whose
scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of
this section shall apply to such scheme, as if such scheme had been submitted for the first time under
sub-section (2).
(5) Where, within a period of one year from the date of submission of the scheme to the Central
Government under sub-section (2), no order is communicated by the Central Government to the person or
medical institution submitting the scheme, suc h scheme shall be deemed to have been approved by the
Central Government in the form in which it was submitted, and, accordingly, the permission of the
Central Government required under sub-section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub -section (5), the time taken by the person or medical
institution concerned in submitting the scheme, in furnishing any particulars called for by the Central
Council, or by the Central Government, shall be excluded.
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(7) The Central Council, while making its recommendations under clause ( b) of sub -section (3) and
the Central Government, while passing an order, either approving or disapproving the scheme under
sub-section (4), shall have due regard to the following factors, namely:—
(a) whether the proposed medical institution or the existing medical institution seeking to open a
new or higher course of study or training, would be in a position to offer the minimum standards of
medical education as prescribed by the Central Council under section 20;
(b) whether the person seeking to establish a medical institution or the existing medical institution
seeking to open a new or higher course of study or training or to increase its admission capacity has
adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital
and other facilities to ensure proper functioning of the medical institution or conducting the new
course of study or training or accommodating the increased admission capacity have been provided or
would be provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend
such medical institution or c ourse of study or training or as a result of the increased admission
capacity, have been provided or would be provided within the lime-limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to
students likely to attend such medical institution or the course of study or training by the persons
having the recognised medical qualifications,
(f) the requirement of manpower in the field of practice of homoeopathic medicine in the medical
institution; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under
this section, a copy of the order shall be communicated to the person or medical institution concerned.
12B. N on-recognition of medical qualifications in certain cases. —(1) Where any medical
institution is established without the previous permission of the Central Government in accordance with
the provisions of section 12A, medical qualification granted to any stu dent of such medical institution
shall not be deemed to be a recognised medical qualification for the purposes of this Act.
(2) Where any medical institution opens a new or higher course of study or training (including a post-
graduate course of study or tr aining) without the previous permission of the Central Government in
accordance with the provisions of section 12A, medical qualification granted to any student of such
institution on the basis of such study or training shall not be deemed to be recognised medical
qualification for the purposes of this Act.
(3) Where any medical institution increases its admission capacity in any course of study or training
without the previous permission of the Central Government in accordance with the provisions of sectio n
12A, medical qualification granted to any student of such medical institution on the basis of the increase
in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of
this Act.]
1[12C. Time for seeking permiss ion for certain existing medical colleges. (1) If any person has
established a Homoeopathy Medical College or any Homoeopathy Medical College has opened a new or
higher course of study or training or increased the admission capacity on or before the date o f
1. Ins. by Act 23 of 2018, s. 3 (w.e.f. 18-5-2018).
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commencement of the Homoeopathy Central Council (Amendment) Act, 2018, such person or
Homoeopathy Medical College, as the case may be, shall seek, within a period of one year from the said
commencement, permission of the Central Government, in accordance with the provisions specified in the
regulations made by the Central Council.
(2) If any person or Homoeopathy Medical College, as the case may be, fails to seek permission
under sub -section ( 1), the provisions of section 12B shall apply, as far as may b e, as if the Centr al
Government has been refused.]
CHAPTER III
RECOGNITION OF MEDICAL QUALIFICATIONS
13. Recognition of medical qualification granted by certain medical institutions in India.—(1)
The medical qualifications granted by any University, Board or other medical institution in India which
are included in the Second Schedule shall be recognised medical qualifications for the purposes of this
Act.
(2) Any University, Board or other medical institution in India which grants a medical qualification
not included in the Second Schedule may apply to the Central Government to have any such qualification
recognised, and the Central Government, after consulting the Central Council, may, by notification in the
Official Gazette, amend the Second Schedule so as to include such qualification therein, and any such
notification may also direct that an entry shall be made in the last column of the Second Schedule against
such medical qualification only when granted after a specified date.
14. Recognition of medical qualifications granted by medical institutions in States or countries
outside India. —(1) The medical qualifications granted by medical institutions outside India which are
included in the Third Schedule shall be recognised medical qualifications for the purposes of this Act.
(2) ( a) The Central Council may enter into negotiations with the authority in any State or country
outside India, which by the law of such State or country is entrusted with the maintenance of a Register of
practitioners of Homoeopathy, for settling of a scheme of reciprocity for the recognition of medical
qualifications in Homoeopathy, and in pursuance of any such scheme, the Central Government may, by
notification in the Official Gazette, amend the Third Schedule so as to include there in any medical
qualification which the Central Council has decided should be recognised, and any such notification may
also direct that an entry shall be made in the last column of the Third Schedule against such medical
qualification declaring that it sha ll be a recognised medical qualification only when granted after a
specified date.
(b) Where the Council has refused to recommend any medical qualification which has been proposed
for recognition by any authority referred to in clause ( a) and that authorit y applies to the Central
Government in this behalf, the Central Government, after considering such application and after obtaining
from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the
Official Gazette, decl are that such qualification shall be a recognised medical qualification and the
provisions of clause (a) shall apply accordingly.
15. Rights of persons possessing qualifications included in Second or the Third Schedule to be
enrolled.—(1) Subject to the other provisions contained in this Act, any medical qualification included in
the Second or the Third Schedule shall be sufficient qualification for enrolment on any State Register of
Homoeopathy.
(2) No person, other than a practitioner of Homoeopathy who possesses a recognised medical
qualification and is enrolled on a State Register or the Central Register of Homoeopathy,—
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(a) shall hold office as Homoeopathic physician or any other office (by whatever designation
called) in Government or in any institution maintained by a local or other authority;
(b) shall practise Homoeopathy in any State;
(c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate
required by any law to be signed or authenticated by a duly qualified medical practitioner;
(d) shall be entitled to give any evidence at any inquest or any court of law as an expert under
section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Homoeopathy.
(3) Nothing contained in sub-section (2) shall affect—
(a) the right of a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to
practise Homoeopathy in any State merely on the ground that, on the commencement of this Act, he
does not possess a recognised medical qualification;
(b) the privileges (including the right to practise Homoeopathy) conferred by or under any law
relating to registration of practitioners of Homoeopathy for the time being in force in any State, on a
practitioner of Homoeopathy enrolled on a State Register of Homoeopathy;
(c) the right of a person to practise Homoeopathy in a State in which, on the commencement of
this Act, a State Register of Homoeopathy is not maintained if, on such commencement, he has been
practising Homoeopathy for not less than five years;
(d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956)
[including the right to practise medicine as defined in clause ( f) of section 2 of the said Act] or the
Indian Medicine Central Council Act, 1970 (48 of 1970) of persons possessing any qualifications
included in the respective Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub -section (2) shall be punished with
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand
rupees, or with both.
16. Power to require information as to courses of study and examinations. —Every University,
Board or medical institution in India which grants a recognised medical qualification shall furn ish such
information as the Central Council may, from time to time, require as to the courses of study and
examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of
study and examinations are required to be undergone and such qualification is conferred and generally as
to the requisites for obtaining such qualification.
17. Inspectors at examinations. —(1) The Central Council shall appoint such number of medical
inspectors as it may deem requisite to inspect any medical college, hospital or other institution where
education in Homoeopathy is given, or to attend any examination held by any University, Board or
medical institution for the purpose of recommending to the Central Government recognition of medical
qualifications granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training or examination, but
shall report to the Central Council on the adequacy of the standards of education in cluding staff,
equipment, accommodation, training and other facilities prescribed for giving education in Homoeopathy,
as the case may be, or on the sufficiency of every examination which they attend.
(3) The Central Council shall forward a copy of any suc h report to the University, Board or medical
institution concerned, and shall also forward a copy with the remarks of the University, Board or medical
institution thereon, to the Central Government.
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18. Visitors at examinations. —(1) The Central Council may appoint such number of visitors as it
may deem requisite to inspect any medical college, hospital or other institution where education in
Homoeopathy is given or to attend any examination for the purpose of granting recognised medical
qualification.
(2) Any person, whether he is a member of the Central Council or not, may be appointed as a visitor
under this section but a person who is appointed as an inspector under section 17 for any inspection or
examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to
the President of the Central Council on the adequacy of the standards of education including staff,
equipment, accommodation, training and other facilities prescribed for giving education in Homoeopathy
or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President of
the Central Council otherwise directs:
Provided that if the Central Government requires a copy of the report of a visitor, the Central Council
shall furnish the same.
19. Withdrawal of recognition. —(1) When upon report by the inspector or the visitor, it app ears to
the Central Council—
(a) that the courses of study and examination to be undergone in, or the proficiency required from
candidates at any examination held by, any University, Board or medical institution, or
(b) that the staff, equipment, accommoda tion, training and other facilities for instruction and
training provided in such University, Board or medical institution or in any college or other institution
affiliated to the University,
do not conform to the standard prescribed by the Central Council , the Central Council shall make a
representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the Government of
the State in which the University, Board or medical institution i s situated and the State Government shall
forward it along with such remarks as it may choose to make to the University, Board or medical
institution, with an intimation of the period within which the University, Board or medical institution may
submit its explanation to the State Government.
(3) On the receipt of the explanation, or, where no explanation is submitted within the period fixed,
then, on the expiry of that period, the State Government shall make its recommendations to the Central
Government.
(4) The Central Government, after making such further inquiry, if any, as it may think fit, may, by
notification in the Official Gazette, direct that an entry shall be made in the Second Schedule against the
said medical qualification declaring that it shal l be a recognised medical qualification only when granted
before a specified date, or that the said medical qualification if granted to students of a specified college
or institution affiliated to any University shall be recognised medical qualification on ly when granted
before a specified date or, as the case may be, that the said medical qualification shall be recognised
medical qualification in relation to a specified college or institution affiliated to any University only when
granted after a specified date.
20. Minimum standards of education in Homoeopathy. —(1) The Central Council may prescribe
the minimum standards of education in Homoeopathy, required for granting recognised medical
qualifications by Universities, Boards or medical institutions in India.
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(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the
Central Council to all State Governments and the Central Council shall, before submitting the regulations
or any amendment thereof, as the case may be, to the Central Government for sanction, take into
consideration the comments of any State Government received within three months from the furnishing of
the copies as aforesaid.
CHAPTER IV
THE CENTRAL REGISTER OF HOMOEOPATHY
21. The Central Register of Homoeopathy.—(1) The Central Council shall cause to be maintained
in the prescribed manner, a register of practitioners of Homoeopathy to be known as the Central Register
of Homoeopathy which shall contain—
(a) in Part I, the names of all persons who are for the time being enrolled on any State Register of
Homoeopathy and possess any of the recognised medical qualifications;
(b) in Part II, the names of all persons, other than those included in Part I, who are for the time
being enrolled on any State Register of Homoeopathy.
(2) It shall be the duty of the Registrar of the Central Council to keep and maintain the Central
Register of Homoeopathy in accordance with the provisions of this Act and of any orders made by the
Central Council, and from time to time to revise the register and publish it in the Gazette of India and in
such other manner as may be prescribed.
(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence
Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India.
22. Supply of copies of State Register of Homoeopathy. —Each Board shall supply to the Central
Council three printed copies of the State Register of Homoeopathy as soon as may be after the
commencement of this Act and subsequently after the first day of April of each year, and each Board shall
inform the Central Council without delay of all additions to, and other amendments in, the State Register
of Homoeopathy made from time to time.
23. Registration in the Central R egister of Homoeopathy. —The Registrar of the Central Council
may on receipt of the report of registration of a person in a State Register of Homoeopathy or on
application made in the prescribed manner by any person, enter his name in the Central Register o f
Homoeopathy, provided that the Registrar is satisfied that the person concerned is eligible under this Act
for such registration.
24. Professional conduct.—(1) The Central Council may prescribe standards of professional conduct
and etiquette and a code of ethics for practitioners of Homoeopathy.
(2) Regulations made by the Central Council under sub -section ( 1) may specify which violations
thereof shall constitute infamous conduct in any professional respect, that is to say, professional
misconduct, and s uch provision shall have effect notwithstanding anything contained in any law for the
time being in force.
25. Removal of names from the Central Register of Homoeopathy.—(1) If the name of any person
enrolled on a State Register of Homoeopathy is removed t herefrom in pursuance of any power conferred
by or under any law relating to registration of practitioners of Homoeopathy for the time being in force in
any State, the Central Council shall direct the removal of the name of such person from the Central
Register of Homoeopathy.
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(2) Where the name of any person has been removed from a State Register of Homoeopathy on any
ground other than that he is not possessed of the requisite medical qualifications or where any application
by the said person for restoration of his name to the State Register of Homoeopathy has been rejected, he
may appeal in the prescribed manner and subject to such conditions, including conditions as to the
payment of a fee, as may be prescribed, to the Central Government whose decision, w hich shall be given
after consulting the Central Council, shall be binding on the State Government and on the authorities
concerned with the preparation of the State Register of Homoeopathy.
1[25A. Provisional registration for practice. —If the courses of study to be undergone for obtaining
a recognised medical qualification in homoeopathy include a period of training after a person has passed
the qualifying examination and before such qualification is conferred on him, any such person shall, on
application made by him in this behalf, be granted provisional registration in a State Register of
Homoeopathy by the Board concerned in order to enable him to practice homoeopathy in an approved
institution for the purpose of such training and for no other purpose for the period aforesaid.]
26. Privileges of persons who are enrolled on the Central Register of Homoeopathy. —(1)
Subject to the conditions and restrictions laid down in this Act regarding practice of Homoeopathy by
persons possessing certain recognised medi cal qualifications, every person whose name is for the time
being borne on Part I of the Central Register of Homoeopathy shall be entitled according to his
qualifications to practise Homoeopathy, in any part of India and to recover in due course of law in respect
of such practice any expenses, charges in respect of medicaments or other appliances or any fees to which
he may be entitled.
(2) Subject to the provisions of sub -section (3) of section 15, any person whose name is for the time
being borne on Part II of the Central Register of Homoeopathy, may practise Homoeopathy in any State,
other than the State where he is enrolled on the State Register of Homoeopathy, with the previous
approval of the Government of the State where he intends to practise.
27. Re gistration of additional qualifications. —(1) If any person whose name is entered in the
Central Register of Homoeopathy obtains any title, diploma or other qualification for proficiency in
Homoeopathy, which is a recognised medical qualification, he shall, on application made in this behalf in
the prescribed manner, be entitled to have an entry stating such other title, diploma or other qualification
made against his name in the Central Register of Homoeopathy either in substitution for or in addition to
any entry previously made.
(2) The entries in respect of any such person in a State Register of Homoeopathy shall be altered in
accordance with the alterations made in the Central Register of Homoeopathy.
28. Persons enrolled on Central Register of Homoeopathy to notify change of place of residence
or practice.—Every person registered in the Central Register of Homoeopathy shall notify any transfer of
the place of his residence or practice to the Central Council and to the Board concerned, within nin ety
days of such transfer, failing which his right to participate in the election of members to the CentralExcerpt shown. Open the full act in Lexace.