LexThe Maharashtra Homoeopathic Practitioners' Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1960 : XII] 1
THE MAHARASHTRA HOMOEOPATHIC PRACTITIONERS’ ACT
[Text as on 4th September 2025]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
3. Establishment and incorporation of Council, and appointment of Administrator.
3A. Constitution of Council.
4. Time, place and manner of election of members, President and Vice-President.
5. Term of office.
6. Extension of period of Council.
7. Casual vacancies.
8. Resignation.
9. Disqualification and disability.
10. Meetings of the Council.
11. Proceedings of meetings and validity of acts.
12. Fees and allowances for meetings.
13. Income and expenditure of Council.
14. Powers, duties and functions of the Council.
15. Registrar and other employees of Council.
15A. Executive Committee of Council.
CHAPTER III
[DELETED]
16. [Deleted].
17. [Deleted].
18. [Deleted].
19. [Deleted].
19A. [Deleted].
CHAPTER IV
REGISTRATION OF PRACTITIONERS
20. Preparation of Register.
21. [Deleted].
2 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
22. Undertaking to be given for entering name in Register.
23. Removal of names from register.
24. Persons not entitled to registration.
25. Maintenance of register.
26. Renewal of registration.
26A. Procedure for renewal of registration.
26B. Issue of Identity Card.
27. No refund of fees.
28. Right of registered practitioner.
CHAPTER V
EXAMINATIONS HELD BY THE COUNCIL AND RECOGNITION OF INSTITUTIONS
29. Examinations held by the Council.
30. Recognition of Institutions.
31. Withdrawal of recognition of Institutions.
32. [Deleted].
CHAPTER VI
MISCELLANEOUS
33. Rules.
34. Regulations.
35. By-laws.
36. Control of State Government.
37. Indemnity to persons acting under the Act.
CHAPTER VII
REPEAL AND TRANSITIONAL PROVISIONS
38. Repeal and saving.
39. Vesting of rights, duties, etc., in Council and saving.
40. [Deleted].
41. [Deleted].
42. [Deleted].
43. [Deleted].
44. [Deleted].
45. Power to remove difficulties.
46. Amendment of certain enactments.
FIRST SCHEDULE [Deleted].
SECOND SCHEDULE
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 3
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
2. Amended by Mah. 20 of 1962
3. Amended by Mah. 31 of 1963
4. Amended by Mah. 26 of 1966
5. Amended by Mah. 39 of 1974 (5-2-1975)
6. Amended by Mah. 24 of 19751 (28-5-1976)
7. Amended by Mah. 42 of 1975 (16-9-1975)
8. Amended by Mah. 31 of 19842 (18-10-1984)
9. Amended by Mah. 4 of 19863 (28-10-1985)
10. Amended by Mah. 39 of 19864 (24-10-1986)
11. Amended by Mah. 34 of 19875 (29-10-1987)
12. Amended by Mah. 16 of 1988 (1-9-1988)
13. Amended by Mah. 17 of 19886 (28-4-1988)
14. Amended by Mah. 19 of 1988 (1-9-1988)
15. Amended by Mah. 22 of 2011 (22-7-2011)
16. Amended by Mah. 24 of 2012
17. Amended by Mah. 19 of 2014
1 Maharashtra Ordinance No. II of 1975 was repealed by Mah. 24 of 1975, s. 3.
2 Maharashtra Ordinance No. IX of 1984 was repealed by Mah. 31 of 1984, s. 3(1).
3 Maharashtra Ordinance No. VII of 1985 was repealed by Mah. 4 of 1986, s. 3(1).
4 Maharashtra Ordinance No. VII of 1986 was repealed by Mah. 39 of 1986, s. 3(1).
5 Maharashtra Ordinance No. VIII of 1987 was repealed by Mah. 34 of 1987, s. 3(1).
6 Maharashtra Ordinance No. IV of 1988 was repealed by Mah. 17 of 1988, s. 3(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 5
ACT No. XII OF 19601
[THE MAHARASHTRA HOMOEOPATHIC PRACTITIONERS’ ACT.]
[This Act received the assent of the President on the 12th March 1960; assent was first published
in the Bombay Government Gazette, Extraordinary No. 16, Part IV, on the 18th March 1960.]
An Act to consolidate and amend the law relating to the regulation of
qualifications and registration of Homoeopathic 2[* * *]
practitioners in the State of Bombay.
WHEREAS it is expedient to consolidate and amend the law relating to the regulation of
qualifications and registration of Homoeopathic 3[* * *] Practitioners in the State of Bombay with a
view to encourage the st udy and spread 4[of this system]; It is hereby enacted in the Tenth Ye ar of the
Republic of India as follows, namely :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the 5[Maharashtra
Homoeopathic 6[* *] Practitioners’ Act.
(2) It extends to the whole of the 7[State of Maharashtra].
(3) It shall come into force on such 8day as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(1) “Appointed day” means the day on which this Act comes into force;
9[* *]
10[* *]
(4) “By-laws” means the by-laws made under section 35;
11[(4A) “Central Council” means the Central Council of Homoeopathy constituted under
section 3 of the Homoeopathy Central Council Act, 1973 (59 of 1973);]
12[(5) “Council” means the Mahar ashtra Council of Homoeopathy 13[* *] established under
section 3;]
14[* *]
15[(8) “Homoeopathy” means the Homoeopathic system of medicine and includes the use of
Biochemic remedies;]
1 For Statement of Objects and Reasons of the L. A. Bill No. LXXVII of 195 9, see Bombay Government Gazette , 1959,
Extraordinary No. 80, Part V, dated the 27th August 1959, pages 652-655.
2 The words “and Biochemic” were deleted by Mah. 19 of 1988, s. 2.
3 The words “and Biochemic” were deleted by Mah. 19 of 1988, s. 3(a).
4 These words were substituted for the words “of these System” by Mah. 19 of 1988, s. 3(b).
5 This short title was amended by Mah. 24 of 2012, Sch.
6 The words “and Biochemic” were deleted by Mah. 24 of 2012, s. 4.
7 These words were substituted for the w ords “State of Bombay” by Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960, s. 4.
8 27th day of October 1961, vide G.N., U. D. and P. H. D., No. BHP. 1059(a) Unification, dated the 26th October 1961.
9 Clause (2) was deleted by Mah. 19 of 1988, s. 5(a).
10 Clause (3) was deleted by Mah. 16 of 1988, s. 2(a).
11 This clause was inserted by Mah. 19 of 1988, s. 5(b).
12 This clause was substituted by Mah. 16 of 1988, s. 2(b).
13 The words “and Biochemic” were deleted by Mah. 19 of 1988, s. 5(c).
14 Clauses (6) and (7) were deleted by Mah. 16 of 1988, s. 2(c).
15 This clause was substituted for the original by Mah. 19 of 1988, s. 5(d).
6 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
(9) “Inspector” means an Inspector appointed by the 1[Council];
2[* *]
3[(11) “member” means a member of the Council;]
(12) “Practitioner” means a practitioner of the Homoeopathic 4[* *] System of Medicine;
(13) “President” means the President of the 5[Council];
(14) “Recognised institution” means any institution recognised under section 30 for giving
instructions in the courses leading to the examinations held by the 6[Council];
7[(14A) “recognised medical qualification” means any of the medical qualifications in
Homoeopathy, included in the Second or Third Schedule to the Homoeop athy Central Council
Act, 1973 (59 of 1973);]
(15) “Register” means the register of practitioners prepared and maintai ned under
section 20 8[* *];
(16) “Registered practitioner” means a practitioner whose name is for the time being entered
in register;
(17) “Registrar” means the Registrar appointed under section 15;
(18) “Regulations” means the regulations made under section 34;
(19) “Rules” means the rules made under section 33;
(20) “Schedule” means a Schedule appended to the Act;
9[(21) “Vice-President” means the Vice-President of the Council.]
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE 10[COUNCIL]
11[3. Establishment and incorporation of Council, and appointment of Administrator.— (1) (a)
On the date of commencement of the Bombay Homoeopathic and Biochemic Practitioners’
(Amendment) Act, 1985 (Mah. XVI of 1988) , a Council to be called “The Maharashtra Council of
Homoeopathy 12[* *]” shall be deemed to have been established.
(b) The Council shall be a body corporate by the name aforesaid, and have perpetual succession
and a common seal, with power to acquire, hold and dispose of property and to contract and may by the
said name sue and be sued.
(2) Notwithstanding anything contained in section 36 or 39, or any other provisions of this Act,—
(a) the State Government may appoint any person as an Administrator under this section to
exercise all the powers and perform all the duties of the Council established under sub-section (1)
during the period he holds office of the Administrator under sub-section (3);
(b) without prejudice to the provisions of clause ( a), on and with effect from the date of the
commencement of the Bombay Homoeopat hic and Biochemic Practitioners’ (Amendment) Act,
1985 (Mah. XVI of 1988), the persons appointed under section 36 to exercise all the powers and
perform all the duties of the Board or the Court and holding office immediately before such
1 This word was substituted for the word “Court” by Mah. 16 of 1988, s. 2(d).
2 Clause (10) was deleted by Mah. 16 of 1988, s. 2(e).
3 This clause was substituted for the original by Mah. 16 of 1988, s. 2(f).
4 The words “or Biochemic” were deleted by Mah. 19 of 1988, s. 5(e).
5 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 2(g).
6 This word was substituted for the word “Court” by Mah. 16 of 1988, s. 2(h).
7 Clause (14A) was inserted by Mah. 19 of 1988, s. 5(f).
8 The words and figures “or section 21” were deleted by Mah. 19 of 1988, s. 5(g).
9 Clause (21) was added by Mah. 16 of 1988, s. 2(j).
10 This word was substituted for the word “Board” by Mah.16 of 1988, s. 3.
11 This section was substituted for the original by Mah.16 of 1988, s. 4.
12 The words “and Biochemistry” were deleted by Mah. 19 of 1988, s. 6.
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 7
commencement date s hall be deemed to have been appointed as an Administrator and he shall
exercise all the powers and perform all the duties of the Council established under sub-section (1)
during the period he holds office of the Administrator under sub-section (3).
(3) The term of office of the Administrator functioning under sub -section (2) shall expire on the
day immediately preceding the date on which the first meeting of the Council is held, after election of
the members, under clause (a) of sub-section (3) of section 4.
(4) The Administrator shall be paid from the fund of the Council such salary and allowances as
the State Government may from time to time determine].
1[3A. Constitution of Council.— (1) The Council shall consist of the following eleven members,
including the President and the Vice-President,—
(a) the Deputy Director of Homoeopathy, ex-officio;
(b) four members nominated by the State Government, from amongst persons having special
knowledge or practical experience in respect of Homoeopathy 2[* *];
(c) three members elected by registered practitioners whose names are entered in the register
maintained under section 20, from amongst themselves;
(d) ( i) one member elected by the Principals or Heads of recognised instit utions, from
amongst themselves; and
(ii) two members elected by the teachers ( other than Principals or Heads) of recognised
institutions, from amongst themselves,
who are registered practitioners possessing 3[any of the recognised medical qualifications] and are
engaged in teaching 4[in the Homoeopathic system of] medicine in any recognised institutions for
a period of not less than two years immediately preceding the day fixed for the nomination of
candidates for such election:
Provided that, the members to be elected under sub-clauses (i) and (ii) shall be persons other than
those nominated or elected under the preceding clauses.
(2) If at any election the electors fail to elect the requisite numbers of members to the Council, the
State Government shall nominate such regist ered practitioners as it deems fit, to fill the vacancies
which remain unfilled after the election; and references to elected members or election of the members
in this Act shall be construed as including references to members so nominated or such nominati on of
the members.
(3) The President and the Vice -President of the Council shall be elected by the members of the
Council by ballot, from amongst themselves].
4. Time, place and manner of election of members, 5[President and Vice -President].—
(1) 6[(a)] The election of members under 7[section 3A] shall be held at such time and at such place and
in such manner as may be prescribed by rules.
8[(b) If any dispute arises regarding any election referred to in clause ( a) it shall be referred for
decision of the State Government, 9[within thirty days from the date of the election] and its decision
shall be final].
1 This section was inserted by Mah. 16 of 1988, s. 5.
2 The words “or Biochemistry” were deleted by Mah. 19 of 1988, s. 7(a).
3 These words w ere substituted for the words “ any of the qualifications specified in the First Sch edule” by Mah. 19 of
1988, s. 7(b)(i).
4 These words were substituted for the words “in any of the systems of Homoeopathic or Biochemic” by Mah. 19 of 1988,
s. 7(b)(ii).
5 These words were added by Mah. 19 of 1988, s. 6(d).
6 Section 4(1) was renumbered as clause (a) and clause (b) was inserted by Mah. 42 of 1975, s. 2.
7 This word, figure and letter were substituted for the word and figure “section 3” by Mah. 16 of 1988, s. 6(a)(ii).
8 Section 4(1) was renumbered as clause (a) and clause (b) was inserted by Mah. 42 of 1975, s. 2.
9 These words were inserted by Mah. 19 of 1988, s. 6(a)(i).
8 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
(2) The Registrar shall, at least three months before the date fixed for the election of the
1[Council,] cause to be printed and published a correct l ist of the name and qualifications of all
practitioners for the time being entered in the register and the dates when su ch qualifications were
acquired.
2[(3) ( a) Within seven days after the nomination and election of members under the foregoing
provisions, a meeting shall be called for the election of the President and Vice -President on such date
as the Deputy Director of Homoeopathy may fix. Such election shall be by ballot.
(b) The meeting called under clause ( a) shall be presided over by the Deputy Dire ctor of
Homoeopathy, and he shall have the right to vote. The Deputy Director presiding over such
meeting (hereinafter r eferred to in this section as “ the Presiding Officer”) may, for reasons
recorded in writing which in his opinion are sufficient, refuse to adjourn such meeting, or as the
case may be, adjourn such meeting.
(c) If in the election of the President or Vice -President, there is an equality of votes, the
result of the election shall be decided by lot to be drawn in the presence of the Presiding Officer,
in such manner as he may determine.
(d) In the event of a disp ute arising as to the validity of the election of a President or
Vice-President, the Presiding Officer may, within thirty days from the date of the election, refer
the dispute to the State Government for decision. The decision of the State Government in s uch
dispute shall be final and conclusive and shall not be questioned in any Court.
(4) The election of the President and Vice -President on any occasion other than the one referred
to in sub -section ( 3) shall be held before the expiry of their term or soo n after the occurrence of a
casual vacancy in the office of the President or Vice -President and in such manner as may be
prescribed by rules].
5. Term of Office. — (1) Save as otherwise provided by this Act, the term of office of the
members whether elected or nominated, shall be for a period of five years commencing from the date
on which the first meeting of the 3[Council] is held 4[under clause (a) of sub-section (3) of section 4].
(2) The term of office of an outgoing member shall be deemed to extend to and expire with the
day immediately before the day of the first meeting referred to in sub-section (1).
(3) An outgoing member shall be eligible for re-election or re-nomination.
5[(4) The term of office of the President and Vice-President shall be for a period of one year from
the date of their election as President or Vice-President, as the case may be:
Provided that, at no time the term of office of the President or Vice -President shall exceed the
term of such President or Vice-President, as a member.]
6. Extension of period of 6[Council].— Notwithstanding anything contained in section 5, the
State Government may, by a notification in the Official Gazette , extend the term of office of the
members of the 7[Council] for a further period not exceeding one year in the aggregate.
7. Casual vacancies.— 8[(1) Any casual vacancy, prior to the expiry of the term, in the office of
the President or Vice -President due to death, resignation, removal, disability or disqualification of the
President or Vice-President or any other reason shall be filled by election.]
1 This word was substituted for the word “Board” by Mah. 19 of 1988, s. 6(b).
2 These sub-sections were added by Mah. 19 of 1988, s. 6(c).
3 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 7(a)(i).
4 These words, brackets, letter and figures were substituted for the words “after the election of the member s under section
3” by Mah. 16 of 1988, s. 7(a)(ii).
5 This sub-section was added by Mah. 16 of 1988, s. 7(b).
6 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 8.
7 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 8.
8 This sub-section was substituted for the original by Mah. 16 of 1988, s. 9(a).
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 9
(2) Any such vacancy in the office of a member of the 1[Council] nominated by the State
Government shall be filled by nomination.
2[(3) Any such vacancy in the office of the member of the Council elected by the registered
practitioners, or the Principals or Heads, or the teachers, of the recognised institutions, shall be filled
by the State Government by nomination of a person from a panel of three registered practitioners, or
the Principals or Heads, or t he teachers, as the case may be, by a resolution of the Council
recommended by a resolution passed by a majority of all the then members of the Council:
Provided that, if the Council fails to pass such a resolution within a period of thirty days from the
date of occurrence of the vacancy, the State Government may appoint any registered practitioner, or
Principal or Heads, or teacher, as the case may be, to fill the vacancy and the practitio ner, or the
Principal or Head or the teacher so appointed shall, for purposes of this sub -section be deemed to have
been duly nominated.]
(4) Any person nominated or elected to fill a casual vacancy under this section shall,
notwithstanding anything contained in section 5, hold office only so long as the person in whose place
he is nominated or elected would have held office, if the vacancy had not occurred.
3[8. Resignation.— (1) A nominated member may at any time resign his office by a notice in
writing to the State Government. An elected member may at any time resign his office by a notice in
writing to the President. Such resignation shall take effect from the date on which the resignation is
accepted by the State Government, or the President, as the case may be.
(2) The President or the Vice-President may at any time resign his office by a notice in writing to
the State Government. The resignation shall take effect from the date on which such resignation is
accepted by the State Government.]
9. Disqualification and disability.— (1) No person,—
(a) who is an undischarged insolvent;
(b) who has been adjudged to be of unsound mind by a competent Court;
(c) whose name has been removed from the register; or
(d) who is a full time officer or servant of 4[the Council]; 5[* *]
shall be eligible to be elected or nominated or to continue to be a member.
(2) If any member,—
(a) absents himself from three consecutive ordinary meetings of the 6[Council] without such
reasons as may, in the opinion of the State Government in the case of the President, 7[and the
Vice-President] and in the opinion of the 8[Council] in the case of any other member, be
sufficient; or
(b) becomes or is found to be subject to any of the disqualifications mentioned in
sub-section (1),
the State Government shall declare his office vacant.
(3) The State Government may, on the r ecommendation of the 9[Council] supported by at least
two-thirds of the whole number of members, remove any member elected or nominated under this Act,
if such member has been guilty of misconduct in the discharge of his duties as a member or of any
disgraceful conduct or has become incapable of performing his duties as a member:
1 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 9(b).
2 This sub-section was substituted for the original by Mah. 16 of 1988, s. 9(c).
3 This section was substituted for the original by Mah. 16 of 1988, s. 10.
4 These words were substituted for the words “the Board or the Court,” by Mah. 16 of 1988, s. 11(a).
5 The word “or” was deleted by Mah. 19 of 1988, s. 8.
6 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 11(b)(i).
7 These words were inserted by Mah. 16 of 1988, s. 11(b)(ii).
8 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 11(b)(i).
9 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 11(c).
10 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
Provided that, no resolution recommending the removal of any m embers shall be passe d by the
1[Council] unless the member to whom it relates has been given a reasonable opportunity of showing
cause why such recommendation should not be made.
10. Meetings of the 2[Council].— (1) The meetings of the 3[Council] shall be convened, held
and conducted in such manner as may be prescribed by rules.
4[(2) The President, if present, shall preside at every meeting of the Council. If at any meeting the
President is absent, then t he Vice-President and in the ab sence of both, some other member elected by
the members present, from amongst themselves, shall preside at such meeting.]
(3) All questions at a meeting of the 5[Council] shall be decided by the votes of the majority of
the members present and voting at the meeting.
6[(4) The presiding authority at a meeting shall have and exercise a second or a casting vote in
case of an equality of votes.]
(5) 7[Six members of the Council including the President and Vice -President] shall form a
quorum. When a quorum is required but not present, the presiding authority shall adjourn the meeting
to such hour on the following or some other future day as it may notify and the business which would
have been brought before the original meeting had there been a quorum threat, shall be brought before
the adjourned meeting and may be disposed of at such meeting or any subsequent adjournment thereof,
whether there be a quorum present or not.
11. Proceedings of meetings and validity of acts. — (1) The procee dings of every meeting of
the 8[Council] shall be treated as confidential and no person shall, without t he previous permission of
the 9[Council] disclose any portion thereof:
Provided that, nothing in this section shall be deemed to prohibit any person from disclosing or
publishing the text of any resolution passed or considered by the 10[Council] unless the 11[Council]
directs such resolution to be treated as confidential.
(2) No disqualification of or defect in the election, nomination or appointment of any person as a
member or as the President 12[or as the Vice-President] or as a presiding authority of a meeting shall of
itself be deemed to vitiate any act or proceedings of the 13[Council] in which such person has taken
part, whenever the majority of persons, parties to such act or proceedings, were entitled to vote.
(3) During any vacancy in the 14[Council], the continuing members may act a s if no vacancy had
occurred.
15[12. Fees and allowances for meetings. — There shall be paid to the President, the Vice -
President and other members of the Council and to the members of the committees, such fees and
allowances for attendance at meeting, and such travelling allowances as may from time to time be
prescribed by rules.]
16[13. Income and expenditure of Council.— (1) The income of the Council shall consist of,—
(a) fees received from the practitioners;
1 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 12(a).
2 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 12 (f).
3 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 12(a).
4 This sub-section was substituted for the original by Mah. 16 of 1988, s. 12(b).
5 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 12(c).
6 This sub-section was substituted for the original by Mah. 16 of 1988, s. 12(d).
7 These words were substituted for the words “Eight members including President” by Mah. 16 of 1988, s. 12(e).
8 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(a).
9 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(a).
10 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(a).
11 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(a).
12 These words were inserted by Mah. 16 of 1988, s. 13(b)(i).
13 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(b)(ii).
14 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 13(c).
15 This section was substituted for the original by Mah. 16 of 1988, s. 14.
16 This section was substituted for the original by Mah. 16 of 1988, s. 15.
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 11
(b) fees received from the examinees;
(c) any other fees collected by the Council;
(d) grants received from the State Government;
(e) donations and any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the following purposes,
namely : —
(a) salaries and allowances of the Registrar and the staff including the Insp ectors appointed
by the Council;
(b) fees and allowances paid to the members of the Council, its Committees;
(c) remuneration paid to paper-setters, examiners, moderators and other persons appointed
by the Council for the conduct of examination;
(d) other expenses for the conduct of examinations;
(e) such other expenses as are necessary for performing its duties and functions under this
Act, rules made thereunder or the regulations or by-laws made by the Council.]
1[14. Powers, duties and functions of Cou ncil.— Subject to such conditions as may be
prescribed by or under the provi sions of this Act, the powers, duties and functions of the Council
shall be,—
(a) to provide for registration of practitioners and to maintain the register;
(b) to hear and decide appeals from any decision of the Registrar;
(c) to reprimand a registered practitioner, or to suspend or remove him from the register or
to take such other disciplinary action against him as may, in the opinion of the Council, be
necessary or expedient;
(d) to hold examinations, to make all the necessary arrangement of such examinations and to
charge fees therefor;
(e) to 2[* *] conduct the courses of training leading to the examinations held by the Council;
(f) to grant degrees, diplomas and marks of honour;
(g) to award stipends, scholarships, medals, prizes and other rewards;
(h) to recommend recognition of institutio ns for the purpose of giving in structions for the
courses leading to the examinations held by t he Council, or to recommend the cancellation of
such recognition;
3[* *]
(j) to prepare, publish and prescribe text books , and to publish statements 4[of courses of
study prescribed by the Central Council];
(k) to provide for the maintenance of an adequ ate standard of proficiency for the practice of
Homoeopathic 5[system of medicine];
(l) to found and maintain libraries;
(m) to recommend and promote schemes for post -graduate training and research in
Homoeopathy and Biochemistry;
1 This section was substituted for the original by Mah. 16 of 1988, s. 16.
2 The words “prescribe and” were deleted by Mah. 19 of 1988, s. 9(a).
3 Clause (i) was deleted by Mah. 19 of 1988, s. 9(b).
4 These words were substituted for the words “of prescribed courses of study” by Mah. 19 of 1988, s. 9(c).
5 These words were substituted for the words “and Biochemic systems of medicines” by Mah. 19 of 1988, s. 9(d).
12 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
(n) to provide for the inspection of recognised i nstitution or any other institu tions giving
instructions for any of 1[the recognised medical qualification]; and to require such institutions to
furnish such information as may be necessary;
(o) to appoint boards of studies and committees consisting of persons, who may or may not
be members of the Council, but at least half of the number of such persons on the board or
committee shall be the practitioners whose names are entered in register, and to make regulations
for the constitution, duties and functions of such boards and committees;
(p) subject to the approval of the State Government, to receive donations and to determine
the conditions of acceptance of donations;
(q) to exercise such other powers and perform such other duties and functions as are laid
down in this Act or may be prescribed by rules or by regulations or by-laws.]
15. Registrar an d other employees of 2[Council].— 3[(1) The State Government shall, after
consulting the Council, appoint a Registrar, who shall be the Secretary and Executive Officer of the
Council. The salary, allowances and other conditions of service of the Registrar shall be suc h as may
be prescribed by rules.]
(2) The 4[Council] may, from time to time, grant leave to the Registrar:
Provided that, if the period of leave does not exceed two months the leave may be granted by the
President.
(3) During any such temporary vacancy in the office of the Registrar due to l eave or any other
reason, the 5[Council] may with the previous sanction of the State Government appoint another person
to act in his place and any person so appointed shall for the period of such appointment be deemed to
be the Registrar for the purposes of this Act:
Provided that, when the period of such vacancy does not exceed two months the appointment may
be made by the President, who shall forthwith report such appointment to the State Government.
6[(4) The State Government may, after consulting the Council, suspend, dismiss or remove any
person appointed as the Registrar, or impose any other penalty upon him, as it may deem necessary.]
7[* *]
(6) The 8[Council] shall from time to time prescribe by regulations the number and designation
and the salaries, allowances and other conditions of service of othe r officers and servants as may be
necessary for the purposes of carrying out its duties and functions under this Act:
Provided that, the power to make appointment of any such officer or servant shall vest in the
President.
(7) The Registrar and any other officer or servant appointed under this section shall be deemed to
be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
9[15A. Executive Committee of 10[Council].— (1) The 11[Council] shall, as soon as may be,
constitute an Executive Committee consisting of the President, ex-officio, and such number of other
members elected by the 12[Council] from amongst its members, as may be prescribed by rules.
1 These words w ere substituted for the words “ the qualifications included in the First Schedule” by Mah. 19 of 1988,
s. 9(e).
2 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 17(g).
3 This sub-section was substituted for the original by Mah. 16 of 1988, s. 17(a).
4 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 17(b).
5 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 17(c).
6 This sub-section was substituted for the original by Mah. 16 of 1988, s. 17(d).
7 Sub-section (5) was deleted by Mah. 16 of 1988, s. 17(e).
8 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 17(f).
9 Section 15-A was inserted by Mah. 20 of 1962, s. 4.
10 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 18.
11 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 18.
12 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 18.
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 13
(2) The term of office of, the manner of filling casual vacancies among, and the procedure to be
followed by, the members of the Executive Committee shall be such as may be prescribed by rules.
(3) The Executive Committee shall exercise such powers, perform such duties, and dis charge
such functions, of the 1[Council] as may be delegated to it by rules or entrusted to it, from time to time,
by the 2[Council].]
CHAPTER III
[Deleted by Mah. 16 of 1988, s. 19.]
CHAPTER IV
3[REGISTRATION OF PRACTITIONERS]
20. Preparation of Register. — (1) As soon as may be after the appointed day, the Registrar
shall prepare and maintain thereafter a registe r of Homoeopathic 4[* *] practitioners for the
5[State of Maharashtra] in accordance with the provisions of this Act.
6[(1-A) The register shall contain the names of practitioners, whose names are,—
(i) continued on the register under sub-section (4); and
(ii) entered in the register under sub-section (3) or (5) on or after the date of commencement
of the Bombay Homoeopathic and Biochemic Practitioners’ (Amendment) Act, 1985 (Mah. XVI
of 1988)].
(2) The register shall include the following particulars, namely :—
(a) the full name, nationality and residential address of the registered practitioner;
(b) the date of his admission to the register;
(c) the qualification for registration and the date on which he obtained his degree, diploma
or any other like award in Homoeo pathy 7[* * ] if any, and the authorit y which conferred or
granted it;
(d) his professional address; and
(e) such further particulars as may be prescribed by rules.
(3) Every person who possesses any of the 8[recognised medical qualifications] shall, at any time
on an application made in the form prescribed by rules to the Registrar and on payment of 9[such fee as
the State Government may, by notification in the Official Gazette, specify] be entitled to have his name
entered in the register.
10[(3A) (a) If the courses of study to be undergone for obtaining any of the recognised medical
qualifications 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 an application made to the
Registrar, in the form prescribed by the Rules and on payment of such fee, as the State Government
may, by notification in the Official Gazette, specify, be granted a provisional regis tration in order to
enable him to practice Homoeopathic system of medicine in the Recognised Institution for the purpose
of such training and for no other purpose, for the period aforesaid;
1 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 18.
2 This word was substituted for the word “Board” by Mah. 16 of 1988, s. 18.
3 The heading was substituted for the original by Mah. 16 of 1988, s. 20.
4 The words “and Biochemic” were deleted by Mah. 19 of 1988, s. 10(a).
5 These words were substituted for the words “State of Bombay” by Mah. 16 of 1988, s. 21(a).
6 This sub-section was substituted by Mah. 19 of 1988, s. 10(b).
7 The words “or Biochemistry” were deleted by Mah. 19 of 1988, s. 10(c).
8 These words were substituted for the words “qualification specified in th e First Schedule” by Mah. 19 of 1988,
s. 10(d)(i).
9 These words were substituted for the words “a fee of three hundred rupees” by Mah. 22 of 2011, s. 2(a).
10 Sub-section (3A) was inserted by Mah. 22 of 2011, s. 2(b).
14 The Maharashtra Homoeopathic Practitioners’ Act [1960 : XII
(b) every person who is granted a provisional registration under clause ( a) shall be given
a certificate of provisional registration in the form prescribed by the Rules, which shall remain
in force for such period as may be specified therein.]
1[(4) The register maintained under this section and in force on the day immediately preceding the
date of commencement of the Bombay Homoeopathic and Biochemic Practitioners’ (Amendment) Act,
1985 (Mah. XVI of 1988) (hereinafter in this sub-section referred to as “the Amending Act”), shall be
deemed to be the register maintained under the principal Act as amended by the Amending Act and the
name of every person whose name is entered in such register shall, subject to the provisions of this Act,
continue to be on the register.
(5) Notwithstanding anything contained in any law for the time being in force, every person
entitled to be or is enrolled on the register maintained under the Homoeopathy Central Council Act,
1973 (59 of 1973), but not enrolled on the register maintained under this Act, shall, on an application
and on payment of the fee as provided in sub -section (3), be entitled to have his name entered in the
register maintained under this Act.]
(12) ( a) Every registered practitioner shall be given a certificate of registration in the form
prescribed by rules 2[; and shall practice 3[Homoeopathy] 4[and the Modern Scientific Medicine
(Allopathy) in the State to the extent of knowledge received by passing the Certificate Course in
Modern Pharmacology approved by the State Government] . The registered practitioner shall display
the certificate of registration in a conspicuous place in his dispensary, clinic or place of practice.]
5[(b) Such certificate shall be valid until it is duly cancelled and the name of the practitioner
is removed from the register u nder the provisions of this Act; and every certificate of registration
given before the commencement of the Bombay Homoeopathic and Biochemic Practitioners’
(Amendment) Act, 1974 (Mah. XXXIX of 1974) , which is valid on such commencement shall,
subject to the provisions of section 26, be valid likewise, and shall continue accordingly.]
6[(c) Where it is shown to the satisfaction of the Registrar that a certificate of registration
has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a
duplicate certificate in the form prescribed under clause (a).]
7[(13) (a) Any registered practitioner to whom a certificate of registration is issued before the day
immediately preceding the date of commencement of the Bombay Homoeopathic and Biochemic
Practitioners’ (Amendment) Act, 1985 (Mah. XVI of 1988) , and such certificate is still in operation,
may, at any time, by an application in writing, accompanied by such certificate (in original) and a fee
of five rupees, apply to the Registrar for issue o f a fresh certificate of registration in lieu of the
certificate issued earlier.
(b) On receipt of such application, the Registrar shall cancel such certificate and issue a
fresh certificate of registration in the form prescribed by rules made under clause (a) of
sub-section (12).]
21. [Preparation of list of persons in practice on the relevant day.] [Deleted by Mah. 19 of 1988,
s. 11.]
22. Undertaking to be given for entering name in Register 8[* *].— Notwithstanding anything
contained 9[in section 20], the name of any practitioner shall n ot be entered in the register
10[* *] unless he gives an undertaking in writing executed in such manner as may be prescribed by
1 Sub-sections (4) and (5) were substituted for the original sub-sections (4) to (11) by Mah. 16 of 1988, s. 21(c).
2 This portion was inserted by Mah. 16 of 1988, s. 21(d)(i).
3 This word was substituted for the words “Homoeopathic and Biochemic Systems of Medic ines” by Mah. 19 of 1988,
s. 10(e).
4 This portion was substituted for the word “only” by Mah. 19 of 2014, s. 2.
5 Clause (b) was substituted for the original by Mah. 39 of 1974, s. 2(b).
6 This clause was added by Mah. 16 of 1988, s. 21(d)(ii).
7 This sub-section was added by Mah. 16 of 1988, s. 21(e).
8 These words “or list” were deleted by Mah. 16 of 1988, s. 23(g).
9 These words and figures were substituted for the words and figures “in sections 20 and 21” by Mah. 19 of 1988,
s. 12(a).
10 The words “or the list” were deleted by Mah. 16 of 1988, s. 23(a).
1960 : XII] The Maharashtra Homoeopathic Practitioners’ Act 15
rules that he shall not use any degree, diploma, 1[licence or certificate] which is ide ntical with or is a
colourable imitation of any degree, diploma, 2[licence or certificate] granted by a body or institution
authorised under the Indian Medical Degree Act, 1916 (VII of 1916), the Indian Medical Council Act,
1956 (CII of 1956) , 3[the Maharashtra Medical Practitioners Act, 1961 (Mah. XXVIII of 1961) ], or
under any corresponding law for the time bein g in force in any part of the 4[State of Maharashtra]. It
shall be lawful for such person to use after his name the words “Registere d Homoeo pathic
Practitioner”, 5[* *] 6[* *] in full to indicate that his name has been entered in the register 7[* *] under
this Act.
23. Removal of names from register. — (1) (a) If a registered practitioner has been, aft er due
inquiry held by the 8[Council] in the manner prescribed by rules, found guilty of any misconduct, the
9[Council] may,—
(i) issue a letter of warning addressed to such practitioner, or
(ii) direct the name of such practitioner—
(A) to be removed from the register for such pe riod as may be specified in the
direction, or
(B) to be removed from the register permanently.
Explanation.— For the purpose of this section, “misconduct” shall mean,—
(i) conviction, of the registered practitioner by a Criminal Court for an offence whic h
involves moral turpitude and which is cogniza ble within the meaning of the 10[Code of Criminal
Procedure, 1973 (II of 1974),] or
(ii) conviction under the Army Act, 1950 (XLVI of 1950), of registered practitioner subject
to military law for an offence which is cognizable within the mean ing of the 11[Code of Criminal
Procedure, 1973 (II of 1974),] or
(iii) any conduct , which, in the opinion of the 12[Council], is infamous in relation to the
profession.
(b) The 13[Council] may, on sufficient cause being sho wn, direct at any time that the name of the
practitioner so removed shall be re -entered in the register on such conditions and on the payment of
such fees as may be prescribed by rules and on such further conditions as the 14[Council] may impose.
15[(2) If t he name of any such practitioner is entered in the register maintained under the
Maharashtra Medical Practitioners Act, 1961 (Mah. XXVIII of 1961) , or the Maharashtra Medical
Council Act, 1965 (Mah. XLVI of 1965), or any other corresponding law for the time being in force in
any part of the SExcerpt shown. Open the full act in Lexace.