The Nagaland Homeopathic Medicine Act, 1997

The Nagaland Homeopathic Medicine Act, 1997. 
(Act No. 4 of 1997) 
Received the assent of the Governor of Nagaland on 01/04/1997 and 
published in the Nagaland Gazette Extraordinary dated: 16th ofApril, 1997 
An 
- Act- 
To provide for the development of the Homoeopathic System of Medicine 
and its control by the State government ofNagaland. 
Whereas it is expedient to provide for the development of Homoeopathic 
system of Medicine and its control by the State Government; 
It is hereby enacted in the Forty Seventh year of the Republic of India as 
follows: 
Short title, extent 1. i) This Act may be called the Nagaland 
and commencement. Homoeopathic Medicine Act, 1996. 
ii) It extends to the whole of the State ofNagaland. 
iii) It shall come into force on such date as the State 
Govt may, by notification in the Nagaland 
Gazette, appoint. 
Definition 2. In this Act, unless there is anything repugnant in the 
subject or context:- 
(a) "Board" means the Board of Homoeopathic 
System of medicine constituted under Sections 
3 and 4of this Act; 
(b) "Chairman" means the Chairman of the Board; 
(c) "Homoeopathy" means the system of medicine 
founded by Dr. Hahnemann and the expression 
"Homoeopathic" shall be construed 
accordingly; 
(d) "Member" means a member of the Board; 
(e) "Prescribed" means prescribed by rules framed 
under this Act; 
(f) "Registered Homoeopath" means a person who 
practices the Homoeopathic System of 
medicine as his principal occupation and who is 
registered under the provisions of the Act; 
(g) "Registrar" means the Registrar appointed 
under this Act; 
(h) Register" means the register of Homoeopathic 
medical practitioners. 
Constitution of the 3. 1) The State Govt may, as soon as may be, by 
first and Notification in the Official Gazette constitute a 
subsequent Board. Board, to be called "The Board of 
Homoeopathic System of Medicine, 
Nagaland". The Board shall be a body 
corporate and have perpetual succession and 
seal and may by said name sue and be sued. 
2) The Board shall consist of 11 Members 
including the Chairman and shall be constituted 
in the following manner, viz. 
(a) Four Homoeopaths to be elected by the 
Registered Homoeopaths of the State; 
(b) Three Members of the State Legislative 
Assembly to be nominated by the State 
Govt; 
(c) Two Members of the Registered medical 
practitioners of the State to be nominated 
by the State Government; 
(d) One member from the public having 
interest in Homoeopathy to be nominated 
by the Govt; 
(e) The Director of health Services: provided 
that for the first Board all the non-official 
members shall be nominated by the State 
Govt. The Director of Health Services, 
Nagaland shall be Ex-Officio Chairman of 
the Board. 
3. The First board shall be constituted within six 
months from the date the Act comes into force 
Information and 
life of 
subsequent Board. 
Compulsory 
Registration 
Maintenance of 
the Register 
and the names of the members shall be 
published in the official Gazette and such Board 
shall function for a period of three years. 
4. 1) Each subsequent Board shall function for a 
period of three years from the date of the first 
meeting of the Board constituted as under sub- 
Section (2) of Section 3 and the manner of 
election and nomination of the members of the 
Board shall be such as may be prescribed. 
The period of three years referred to in Sub- 
Section (3) of Section 3 and Sub-section 1 of 
this Section shall include and shall be deemed 
always to have included any period which may 
elapse between the expiry of the said three years 
and the date of the first meeting of the 
subsequent Board: provided that such 
subsequent Board shall sit within forty five 
days from the day of its constitution. 
3) The State Govt may, by notification, for 
sufficient cause to be stated therein, direct, from 
time to time, that the term of the Board be 
extended by such period not exceeding one year 
at a time as may be specified in the notification: 
Provided that the total period of such extension 
shall not exceed two years. 
5. Within one year from the date of the Gazette 
notification of the constitution of the Board a.person 
practicing Homoeopathy shall report his name, 
address qualification to the Chairman of the Board 
for the purpose of registering his or her name in the 
manner provided hare after. 
6. 1. The first Board shall as soon as conveniently 
after its constitution and not later than two years 
from the enforcement of this Act, make orders 
regulating the maintenance of a Register of 
Homoeopaths. 
2 After the completion of the Register the names 
of the Homoeopath eligible for practice in 
Homoeopathy shall be published in the official 
Gazette. 
3. The Register shall be kept in such form as may 
be prescribed. 
Appointment of the 7. The first Board shall with the previous approval 
Registrar and Staff. the Govt appoint a senior most Homoeopathic 
Medical Officer as a Registrar who shall be the 
Secretary to the Board and also appoint the Staff 
necessary for carrying out the purposes of the 
Act. 
Duties, Salary and 
allowances of the 8. The duties, salary and allowances and such 
Registrar and the Staff. other matter relating to the Registrar and the 
Staff shall be such as may be prescribed. 
Two categories of 
Homoeopaths. 9. There shall be two classes of Registered 
Homoeopaths, viz, Class 'A' and Class 'B'. 
Class 'A" 
(i) "One who is a registered Medical 
practitioner under any statutory Act of 
parliament or Legislature of any State in 
the country, practicing exclusively 
Homoeopathy; 
(ii) One who is a Homoeopathic Medical 
Practitioner holding degree from a foreign 
country which entitles him to practice 
medicine in his country subject to the 
condition that the institution is approved 
as suitable for the purpose by the Board of 
Homoeopathic Medicine; 
(iii) One who is a Homoeopathic Medical 
Practitioner who has successfully gone 
through at least five years course in any 
Homoepathy Institution recognised by 
the State in which the institution is situated 
and holding a degree or diploma from the 
Institution, subject to the condition that 
the standard of qualification is not lower 
than the standard that would be required 
for registration by the Nagaland 
Homoeopathic Board. 
Class 'B' 
One who has been engaged in the practice of 
Homoeopathic system of Medicine as the 
principal occupation for a period of not less than 
five years immediately before the date of the 
coming into force of this Act: Provided that the 
person shall have passed an examination to be 
held by Board in the manner provided by 
regulation upon an application for registration 
of his name to be made within a period of two 
years from the date this Act comes into force. 
Fees for 10. 1) If it appears to the Board that a person is 
Registered qualified to have his name entered in the 
Homoeopaths. Register as a Class'A;' "REGISTERED 
HOMOEOPATH" his name shall be entered on 
payment of a sum of Rs. 1001- (Rupees One 
Hundred) only as first annual fees; and if he is 
qualified to have his name entered in the 
Register as a Class 'B' "REGISTERED 
HOMOEOPATH" his name shall be so entered 
on payment of Rs. 1001- (Rupees One hundred) 
only as first annual fees. On payment of the first 
annual fees the "REGISTERED 
HOMOEOPATH" shall received licences to 
practice Homoeopath in the State of Nagaland. 
2. The subsequent renewal fees for a 
"REGISTERED HOMOEOPATH" shall be Rs. 
501-(fifty) only for both Classes of Homoeopths 
respectively. 
3. The method and time of depositing Licence fees 
by the "Registered Homoeopaths" and the 
contents and the form of the Licences to 
practice shall be as may be prescribed. 
Bar to 
Practice. 
11. After the publication of the names of 
Homoeopathcs under Section 6 of the Act and 
after such time as the State government shall, by 
notification in the Official Gazette, notify that 
no person other than a "Registered 
Homoeopath" holding a licence to practice as 
herein before provided, shall practice the 
Homoeopathic System of Medicines. 
Penalty for Practice 
of Homoeopathy by 
unauthorised 
person 
Conferring and grating 
or issuing Diploma 
Licence etc. By unatho- 
rised person or 
institution and 
penalty thereof. 
Penalty for false 
assumption of degree, 
Diploma or 
Certificates. 
Control of 
manufacture, storage 
and sale of Homoeo- 
pathic Drugs. 
Homoeopathic 
Fund. 
12. Any person, who acts in contravention of 
Section 11 shall on conviction be punishable 
with fine which may extend to Rs. 10001- 
(rupees One thousand) only for the first of fence 
and upto Rs. 30001- (Rupees three thousand) 
only for every subsequent of fence. 
13. 1. No person other than association or institution 
recognised or authorised by the Board under 
this Act shall confer, grant or issue any degree, 
licence, certificate or other document stating 
that the holder, guarantee or recipient is 
qualified to practice the Homoeopathic System 
of Medicine. 
2. Whoever contravenes the provision of this 
Section shall be punishable with fine which 
may extend to Rs. 10001- (rupees One 
thousand) only. 
14. Whoever voluntarily and falsely assumes or 
uses any title against his name that he hold a 
degree, diploma, licence or certificate 
conferred, granted or issued by any association 
or institution recognised or authorised by the 
Board under this Act or that he is qualifikd to 
practice the Homoeopathic System of medicine 
under the provisions of this Act, shall be 
punishable with fine which may extend to Rs. 
20001- (rupees two thousand) only for the first 
offence. 
15. Subject to the provisions of any law for the time 
being in force relating to drugs and poisons the 
State Govt shall have the power to regulate and 
control the manufacture, storage or sale of 
Homoeopathic drugs and medicines by the 
grant of licences to manufacturers, stockists and 
sellers, on such conditions and on payment of 
such fees as may beprescribed. 
16. There shall be a fund raised for the Board and 
account shall be maintained by the Board by the 
following methods:- 
Appeal to State 18. 1. 
Govt from decision 
of Board. 2. 
Bar to suit other 19. 1. legal Proceeding. 
Grants and loans if any received from the State 
Government; 
All fees received by the Board on account of 
registration of Homoeopaths admission to the 
Board's examination and licensing of firms for 
sale of drugs under the Act; 
Contribution 'if any received from any local 
authority or any Homoeopathic Medical 
Association; and 
All sums received by or on behalf of the Board 
.from sources other than those mentioned in the 
foregoing Clauses. 
The State Govt may at its discretion place a 
lump sum allotment at the disposal of the Board 
every year for distribution according to rules of 
the Homoeopathic Dispensaries and 
educational institutions in Nagaland and other 
suitable purposes connected with the aims and 
objects ofthe Act. 
The Board shall administer, subject to 
conditions, any fund placed at its disposal by 
the State Govt for specific purposes. 
The fund for the Board shall be deposited in a 
bank with the previous sanction of the State 
government. 
An appeal shall lie to the State Govt from every 
decision of the Board under this Act. 
Every appeal under sub-section (1) shall be 
preferred within thirty days of the date of such 
decision. 
No suit or other legal proceedings shall be 
against the State Govt in respect of an Act done 
in exercise ofthe powers conferred by this Act. 
No suit or other legal proceedings shall lie 
maintainable against the Board or any member 
or any officer or servant of the Board or of the 
Chairman or of any officer or servant of the 
Control of Board 20. 
by State govt. 
Court Competent 21. 1. 
to try offence under 
this Act and take 
cognizance of offences. 
2. 
Delegation 
powers. 
Making of 
Regulations. 
Board in respect of any thing done under this 
Act. Lawfully and in good faith and with care 
and attention. 
If at any time it shall appear to the State Govt 
that the Board has failed to exercise or has 
exceeded or abused a power conferred upon it 
by or under this Act, the State Govt may, if it 
considers such failures, excess or abuse to be of 
serious character, notify the particulars thereof 
to the Board; and if the Board fails to remedy 
such default, excess or abuse within such time 
as may be fixed by the State Govt in this behalf, 
the State Govt may dissolve the Board and 
course all or any of the power and duties of the 
Board to be exercised and performed by such 
agency and for such period as it may think fit: 
Provided that it shall take steps within six 
months to constituted a new Board under the 
provisions of this Act. 
No Court other than the Court of a magistrate of 
the First Class shall tale cognizance of or try an 
offence under this Act. 
No Court shall take cognizance of any under 
this Act except on complaint in writing or an 
officer not below the rank of a sub-Inspector of 
Police. 
The State Govt or the Board may delegate such 
of its powers and to such authority as the State 
govt or the Board as the case may be deem 
necessary. 
Subject to the provisions of this Act and to the 
Rules framed by the State Govt. the Board may 
frame regulations for regulating the following 
matters, viz:- 
(a) Conditions of which educational or 
instructional institutions may be affiliated 
to or recognised by the Board; 
(b) The admission of students to such 
educational or instructional institutions; 
Power to make 
rules 
(c) The conditions under which students shall 
be admitted to the examination of the 
Board for the purpose of degrees, diploma 
& Certificate; 
(d) The number of qualification and 
emoluments of teachers of the educational 
or instructional institutions affiliated to the 
Board; 
(e) The fees to be charged for course of study 
in such institutions and for admission to 
the examinations, degrees, diploma and 
certificates of the Board; 
(f) The conditions and modes of. 
appointments and duties of examiners and 
the conduct of examination. 
2. (a) The time and place at which the meeting 
shall be hold; 
(b) The issue of notices concerning such 
meetings; 
(c) The conduct ofbusiness; 
(d) The salary allowances and other 
conditions of service of officers and 
servants of the Board other than thc 
Registrar; 
(e) All other matters which may be necessary 
for the purpose of carrying out the objects 
ofthis Act. 
3. (a) All such regulations shall be published in 
the Official Gazette. 
4. The State Govt may, by notification in tl:e 
Official Gazette, cancel or modify an! 
regulation. 
24. 1. The State Govt may, from time to time, ma1;t.i 
rules consistent with this Act for carrying out 
the purpose of this Act. 
2. In particular, and without prejudice to the 
generality of the foregoing power, the Stale 
Govt may make rules for any of the following 
matters:- 
The time at which and the place and manner in 
which election shall be held and nomination 
made under this Act; 
Regulation of elections under this Act; 
The conduct of the maintenance of correct 
minutes of meeting of the Board; 
The manner in which vacancies of the office 
Bearers and Members of the Board shall be 
filled; 
The privileges, salary and all allowances and 
other conditions of service of the Registrar; 
The accounts shall be audited and published and 
the power of auditors in respect of disallowance 
and surcharge; 
The date before which a meeting shall be for the 
sanction of the budget; 
The method and forms to be adopted in the 
preparation of the budget; 
The returns statements and reports to be 
submitted by Board; 
The form of Registrar of Homoeopaths to be 
maintained under this Act; 
the manner in which appeals against the 
decision of the Board shall be heard; 
Allowance if any payable to Members of the 
Board and its Chairman; 
Remuneration to be paid to the Chairman; 
In furtherance of any objects of the Board as a 
teaching or examining body; 
Maintenance of a patient register by 
practitioners in the prescribed form; 
Delegation of power by the State Government 
and by the Board; and 
In furtherance of any other objects of this Act. 

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