The ORISSA HOMOEOPATHIC ACT, 1956

*THE ORISSA HOMOEOPATHIC ACT, 1956
ACT NO. 8 OF 1957
Revised assent of the Prisident on the 7th March 1957, first published in an
extraordinary issue of the Orissa Gazette, dated  the 5th April 19573.
PREAMBLE
AN ACT TO REGULATE THE TEACHING AND PRACTICE OF
THE HOMOEOPATHIC SYSTEM OF MEDICINE IN THE STATE OF ORISSA
Whereas it is expedient to provide for regulation, teaching and practice of
the Homoeopathic system of medicine in the State of Orissa;
It is hereby enacted by the Legislature of the State of Orissa in the Seventh
Year of the Republic of India as follows :
1. Short title, extent and commencement :- (1) This Act may be
called the Orissa Homoeopathic Act, 1956.
(2) It extends to the whole of the State of Orissa.
(3) Sections 1 and 2 shall come into force at once.
The remaining provisions of this Act shall come into force in whole or in
part on such date or dates as the State Government may by notification, appoint
and different dates may be appointed for different portions of this Act.
2. Definitions :- In this Act unless there is anything repugnant in the
subject or context-
(a) "Board" means the Orissa State Board of Homoeopathic Medicine as
constituted under Section 3 of this Act;
(b) "Homoeopathic Practitioner" means a Practitioner in Homoeopathic
system of medicine;
Explanation-This expression does not include a person administerting
Homoeopathic Medicine for his own domestic purposes;
(c) "Homoeopathy" means the system of medicine founded by Dr.
Hahnemann or the allied system of Bio-Chemistry founded by Dr.
Sehussier and the expression "Homoeopathic" shall be construed
accordingly;
 * Published vide O.A. No. 8 of 1957.
For Statement of Objects and Reasons, see Orissa Gazette Ext./13-9-1956,
P. 24.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Dated :  9th February 1957
2
(d) "Inspector" means an Inspector appointed by the Board under Section
32;
(e) "Listed Homoeopathic Practitioner" means a Homoeopathic practitioner
registered as such under Section 21 but shall not have the privileges enjoyed by
the 'Registered Homoeopathic Practitioner;
(f) "member" means a member of the Board;
(g) "prescribed" means prescribed by rules made by the State Government
under this Act;
(h) "register" means a register of Homoeopathic practitioners prepared
and maintained under this Act;
(i) "Registered Homoeopathic Practitioner"  means a Homoeopathic
Practitioner registered as such under Section 21;
(j) "regulations" mean regulations made by the Board under this Act.
3. Constitution of Board :- (1) The State Government may by notification
constitute a Board to be called the Orissa State Board of Homoeopathic Medicine.
1[(2) The Board shall consist of seven members including the President
and shall be constituted in the following manner :
(a) a President to be nominated by the State Government;
(b) two renowned Homoeopathic Practitioners practising in the State of
Orissa whose names validly continue for the time being in the register ,
to be nominated by the State Government;
(c) two members to be elected by the Orissa Legislative Assembly from
amongst its members in the prescribed manner;
(d) the Director, Indian System of Medicine and Homoeopathy, Orissa;
and
(e) one Lady Social Worker having special interest and knowledge in
Indian System of Medicine and Homoeopathy :
Provided that whenever vacancies arise in the offices specified in Clause
(c) due to dissolution of the Orissa Legislative Assembly, the State Government
may fill up the said vacancies by nominating two persons who shall, unless sooner
removed, hold office till the date on which the names of the members elected
under the said clause by the Assembly after its reconstitution are published in the
Gazette and the term of office of the members so elected shall be co-terminus
with the term of office of the members nominated under Clause (b).]
(3) The Board shall be a body corporate and shall have perpetual succession
and a common seal with powers to acquire and hold property both movable and
immovable and to transfer any such property subject to the prescribed conditions
and shall by, the said name sue or be sued.
1. Substituted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935/
Legis./19-9-1994-O. A. No. 16 of 1994.
3
4. 1[x x x]
5. Term of office of members :- Save as otherwise provided in this Act,
the term of office of nominated and elected members of the 1[x x x] Board shall
be for a period of three years from the date of publication of their names in the
Gazette under Section 6 and shall include any further period which may elapse
between the expiration of the said period of three years and the date of the first
meeting of the next Succeeding Board at which a quorum is present.
6. Publication of names of President, Secretary and members :-
The names of the President, Secretary as hereinafter provided and the members
nominated or elected under Section 3 1[x x x] shall be notified in the Gazette.
7. Resignation of members :- Any members may at any time resign
office by a letter addressed to the President. Such resignation shall take effect
from the date on which it is accepted by the Board.
8. Removal of members from office :- (1) Except in the case of the
President, the Board may remove from office any other member who-
(a) absents himself from three consecutive meetings of the Board without
such reasons as may, in the opinion of the Board, be sufficient; or
(b) is or becomes subject to any of the disqualifications specified in
Section 11 ; or
(c) refuses to act or becomes incapable to act ; or
(d) being a legal practitioner appears in any suit or proceeding, civil or
criminal against the Board :
Provided that before any member is removed from office, the Board shall
call for an explanation from him and record its findings.
(2) Any member removed from office by the Board under Sub-section (1)
may, within thirty days from the date of his removal, appeal to the State Government
and the order of the State Government on such appeal, shall be final.
9. Filling of casual vacancies :- If any member is unable by reason of
his death, resignation, removal or otherwise to complete his full term of office,
the vacancy so caused shall be filled by nomination or election, as the case may,
be, of another person within the prescribed period and the person so nominated
or elected shall fill such vacancy for the unexpired period of the term for which
the member in whose place such person is nominated or elected would otherwise
have continued in office :
Provided that in the case of an elected member, if the vacancy is for a
period of six months or less, the Board may direct that the vacancy may be left
unfilled until the next general election.
10. Eligibility of members for re-election :- A member shall, on the
expiry of the term of his office, be eligible for re-nomination or re-election.
1. Omitted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-Legis./
19-9-1994-O. A. No. 16 of 1994.
4
11. Disqualification for membership :- No person shall be eligible for
election or nomination as a member-
(a) who is less than twenty-five years of age;
(b) who is of unsound mind and stands so declared by a competent
Court;
(c) who is an employee of the Board;
(d) who has applied for being adjudged an insolvent or is an undischarged
insolvent;
(e) who has been convicted of any offence under this Act;
(f) who has been convicted of an offence involving moral turpitude which,
in the opinion of the State Government, unfits him to hold office;
(g) who has, on any previous occasion, been removed from office under
Section 8;
(h) whose name has been removed from the register ; or
(i) who has directly or indirectly, any share or interest in any contract
with, by or on behalf of the Board :
Provided that the State Government may, in any particular case, remove
this disqualification.
12. Salary to the Secretary and allowances to other members :-
(1) There shall be a Secretary to the Board who shall be appointed by the State
Government. He shall be paid out of the Homoeopathic Fund, hereinafter
constituted, such salary and allowances as the State Government may fix in this
behalf. Other conditions of his service shall be as may be prescribed.
(2) The salary, allowances, pension and provident fund to the extent
required by the rules for the time being in force shall be paid out of the Consolidated
Fund of the State in case the Secretary is a Government servant.
(3) The President, Secretary and the members shall be paid such travelling
allowance as may be prescribed.
(4) No member shall receive any pay or special pay as a member or
President.
13 - Meeting of the Board:- (1) The Board shall have an office at the
headquarters of the State Government and shall meet at such time and place,
and every meeting of the Board shall be summoned in such a manner , as may be
provided by regulations :
Provided that until regulations are made, it shall be lawful for the Secretary
to summon a meeting of the Board at such time and place as he may deem
expedient by a letter addressed to each member on a clear notice of fifteen days.
1[(2) No business shall be transacted at any meeting of the Board unless
at least three members are present :]
1. Substituted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-
Legis./19-9-1994-O. A. No. 16 of 1994.
5
Provided that in an adjourned meeting, all business postponed for want of
quorum at the original meeting may be transacted, if not less than three members
attend such meeting.
14. President at meetings :- The President shall preside at every meeting
of the Board. In the absence of the President, the members present shall elect
one from amongst themselves to preside at the meeting.
15. Decision by vote :- (1) All questions which may come before a
meeting of the Board shall be decided by a majority of the votes of the members
present and voting.
(2) In case of equality of votes, the President of the meeting shall have a
second or casting vote.
16. Minutes of proceedings :- (1) Minutes of the proceedings of all
meetings of the Board shall be entered in a book to be kept for the purpose, and
shall be signed by the President of the meeting.
(2) A copy of the minutes of the proceedings of every meeting of the Board
shall, within fifteen days from the date of the signature of the President on the
minutes, be forwarded by the Secretary of the Board to the State Government pr
to such authority as the State Government may direct.
17. Validity of proceedings :- (1) No disqualification of, or defect in the
election or nomination of any person acting as a member of the Board or as the
presiding authority of a meeting shall be deemed to vitiate any act or proceeding
of the Board in which such person has taken part, if the majority of persons who
took part in such act or proceeding were duly qualified members of the Board.
(2) No act or proceeding of the Board shall be deemed to be invalid only by
reason of the existence of a vacancy in the Board.
18. Officers and employees of the Board :- (1) (i) The Board may,
from time to time, appoint such officers and employees as may be necessary for
carrying out the purposes of this Act :
Provided that the number and designation of such officers and employees,
their salaries and allowances shall be subject to the previous approval of the
State Government.
(ii) The punishment, dismissal, discharge and removal of any such officer
or employee shall be subject to rules made by the State Government in this
behalf.
(2) All questions of pay, allowances, promotions, leave and provident fund
relating to the officers and employees other than the Secretary to the Board shall
be governed by rules generally applicable to the employees of the State
Government of a similar status.
(3) The Secretary or any other officer or employee 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).
(4) All officers and employees of the Board shall be under the direct control
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and supervision of the Secretary.
19. Powers and duties of Secretary and other officers and
employees of the Board :- The Secretary and the other officers and employees
of the Board shall exercise such powers and perform such duties as may, from
time to time, be conferred or imposed on them by this Act or rules or regulations
made thereunder or by any general or special order of the Board.
20. Secretary as Registrar ex officio :- (1) The Secretary shall be the
Registrar, ex officio and be referred to as such in this Chapter and subject to the
provisions of this Act and subject to any general or special orders of the Board, it
shall be the duty of the Registrar to maintain the register of registered
Homoeopathic Practitioners and listed Homoeopathic Practitioner and, from time
to time, revise the same.
(2) The registers shall be kept in such form as may be prescribed and
shall contain the name, address and qualifications of every registered Homoeopathic
Practitioner and listed Homoeopathic Practitioner together with the date on which
such qualifications were acquired.
(3) The Board may direct that any alteration in the entries, as respects
additional qualifications, shall not be made except on payment of such fees as
may be prescribed.
21. Registration and fees for registered and listed Homoeopathic
practitioners :-
(1) There shall be two categories of Homoeopathic Practitioners, (i)
'registered Homoeopathic Practitioners, and (ii) 'listed Homoeopathic Practitioners'.
(2) A registered Homeopathic Practitioner shall be-
(a) one who passes a qualifying examination under Section 30 or Section
31;
(b) one who is a Homoeopathic Practitioner holding a degree of a foreign
country which entities him to practise Homoeopathy subject to the
condition that the institution is approved as suitable for the purpose
by the Board;
(c) one who is a Homoeopathic Practitioner who has successfully gone
through at least a four-year-course in any Homoeopathic Institution
recognised by the State in which the institution is situated and holding
a diploma or a certificate from that institution, subject to the condition
that the standard of qualification is not lower than the standard that
would be required for the registration by the Orissa State Board of
Homoeopathic Medicine;
(d) one who proves that he has been practising regularly and efficiently
as a whole-time practitioner of the Homoeopathic system of medicine
for a period of not less than ten years prior to the date of the
commencement of this Act, the proof of such regular and efficient
practice being tested by the Board in the manner it deems fit; or
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(e) one who, in the opinion of the Board, is of sufficient reputation and
ability and is well-known for his skill in his profession and has been
practising the Homoeopathic system of medicine for a period of not
less than ten years prior to the commencement of this Act and who
has applied for the registration of his name in the register before
such date as may be notified in this behalf by the State Government
in the Gazette.
(3) A listed Homoeopathic Practitioner' shall be-
(a) one who has been practising Homoeopathic system of medicine
regularly for at least three years at the time when the first Board is
constituted ; provided that the Board is satisfied that he has been
practising as such ; or
(b) one who although does not come under Clause (a) passes an
examination, the standard of which shall be formulated by the Board.
1[(3-a) No person shall, unless he has attained the age of majority by the
date of application referred to in Sub-section (4), be enrolled either as a 'registered
Homoeopathic Practitioner' or as a 'listed Homoeopathic Practitioner'.]
2[(4) (a) Notwithstanding anything contained in this Act, on and after the
commencement of the Orissa Homoeopathic (Amendment) Act, 1994
no person save as provided in Clause (b), shall be registered-
(i) as a listed Homeopathic Practitioner, or
(ii) as a registered Homoeopathic Practitioner, unless he
possesses any medical qualification included in the Second
or Third Schedule to the Homeopathic Central Council Act,
1973.
(b) Any person who, on the date of commencement of the Orissa
Homoeopathic (Amendment) Act, 1994, validly continues as a listed
Homoeopathic Practitioner or registered Homoeopathic Practitioner
shall, if he intends to so continue, make an application in the
prescribed form and manner to the Registrar for fresh registration
as such.
(c) A person, other than a listed Homoeopathic Practitioner or registered
Homoeopathic Practitioner, who possesses any medical qualification
referred to in Sub-clause (ii) of Clause (a) and intends to practise
Homoeopathy, shall make an application in the prescribed form and
manner to the Registrar for registration as a Registered Homoeopathic
Practitioner.
(d) The Registrar shall, if he is satisfied on receipt of an application-
(i) under Clause (b), that the person validly continues as a listed
1. Inserted vide O.A. No. 36 of 1962.
2. Substituted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-
Legis./19.9-1994-O.A. No. 16 of 1994.
8
or registered Homoeopathic Practitioner as provided in that
clause, cause his name to be entered in the register as a
listed Homoeopathic Practitioner or registered Homoeopathic
Practitioner, as the case may be ; or
(ii) under Clause (c), that the person is qualified to be registered
as a registered Homoeopathic Practitioner, cause his name
to be entered in the register as a Registered Homoeopathic
Practitioner, subject to payment of such fees in such manner
as may be prescribed.
(e) Every person, whose name is so registered under Clause (d), shall
be provided with a licence in the prescribed form to practise
Homoeopathy in the State which shall remain valid for the entire
lifetime of the person unless his name is removed from the register
under any of the provisions of this Act.
(f) Notwithstanding anything contained in this Act, if any person, who
validly continues as a listed Homoeopathic Practitioner or registered
Homoeopathic Practitioner on the date of commencement of the
Orissa Homoeopathic (Amendment) Act, 1994, falls, without
reasonable cause, to obtain a fresh licence in accordance with the
provisions of this section before the expiry of-
(i) the period for which he paid his annual fees or, as the case
may be, the last annual renewal fees ; or
(ii)  a period of six months from the date of such commencement
whichever is later, his name shall be deemed to have been
removed from the register with effect from such later date.]
(5) The names of persons whose names have been so entered in the
registers and the names of those whose applications have been rejected shall be
published by the Registrar in the Gazette.
1[21A. Provisional registration :- Notwithstanding anything contained
in Section 21, where the courses of study in the Homoeopathic system of medicine
to be undergone for obtaining a Degree or Diploma under the Act includes a
period of training after a person has passed the qualifying examination and before
conferment of such qualification on him, any such person shall, on a written
application made to the Registrar and on payment of rupees ten and on submission
of the documents as will be required by the Registrar, be entitled to have his
name entered provisionally in the register of registered Homoeopathic Practitioners
in order to enable him to practise Homoeopathic system of medicine under
supervision of qualified persons authorised to impart the training in an approved
institution during the aforesaid period of training.]
22. Appeal to the Board from the decision of the Registrar :- (1)
Any person aggrieved by any decision of the Registrar regarding the registration
of any person or the making of any entry in the register may within ninety days of
1. Inserted vide Orissa Gazette Ext. No. 894/23-6-1987-O. A. No. 14 of 1987.
9
the publication of the names under Sub-section (5) of Section 21, appeal to the
Board.
(2) Such appeal shall be heard and decided by the Board in the prescribed
manner.
(3) The Board may, of its own motion, or on application by any person,
after due and proper inquiries and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register, if, in the
opinion of the Board, such entry was fraudulently or incorrectly made.;
23. Registrar to keep the register correct and up-to-date :- The
Registrar may, with a view to keeping the register correct and up-to-date, from
time to time, remove from the register names of such registered practitioners as
are dead or write to any registered practitioner at the address which is entered
in the register to inquire Whether he has ceased to practise or has changed his
residence, and if no reply is received to the said letter within three months', the
Registrar may issue a reminder by registered post and, in case no reply is received
to the reminder within two months from the date of its issue, he may remove the
name of the said practitioner from the register :
Provided that the Registrar may, if he thinks fit, direct that the name of the
said practitioner be re-entered in the register on payment of the prescribed fee.
24. Report of deaths to the Registrar and removal of names from
register :- (1) Every Registrar of Deaths who receives notice of the death of a
person whose name he knows to be entered in the register shall forthwith transmit
by post or otherwise to the Registrar a certificate of such death, signed by him
and stating the particulars of the time and place of death.
(2) On receipt of such certificate, or other reliable information regarding
such death, the Registrar shall remove the name of the deceased person from
the register.
25. Prohibition of entry in or removal from the register :- (1) The
Board may prohibit the entry in, or order the removal from the register, the name
of any Homoeopathic Practitioner-
(a) who has been sentenced by a Criminal Court in any of the States of
India to imprisonment for offence declared by the State Government
to involve such moral turpitude as would render the entry or
continuance of his name in the register undesirable ; or
(b) whom the Board after inquiry has found guilty of professional
misconduct or other infamous conduct by a majority of at least two-
thirds of the members present and voting in the meeting specially
convened for the purpose :
Provided that the Board may entrust such inquiry to a Special Committee
which shall submit a report to the Board regarding the conduct of the Homoeopathic
Practitioner concerned.
(2) The inquiry referred to in Clause (b) of Sub-section (1) may be in the
10
discretion of the Board or the Committee, as the case may be, held In camera
and an opportunity snail be given to the Homoeopathic Practitioner to be heard in
his defence either personally or through an authorised agent.
(3) The Board may direct that the name of any person against whom an
order has been made under Sub-section (1) shall be entered or reentered, as
the case may be, after having satisfied itself that due to the lapse of time or
otherwise, the disability mentioned in Sub-section (1) has ceased to have any
force.
26. Procedure to inquiries :- For the purpose of any inquiry held under
Clause (b) of Sub-section (1) of Section 25, the Board or Committee, as the case
may be, shall exercise the powers of a Commissioner appointed under the Public
Servants (inquiries) Act, 1850 (XXXVII of 1850), and the provisions of Sections 5,
8 to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply to every
such inquiry.
27. Publication of names entered in the register :- (1) The Registrar
shall, in every year from time to time, as occasion may require, on or before a
date to be fixed in this behalf by the Board, publish in the Gazette and in such
other manner as the Board may direct, a correct list of names for the time being
entered in the register and setting forth-
(a) all names entered in the register, arranged in alphabetical order ;
(b) the registered address or appointment of each person whose name
is entered in the register ; and
(c) the registered titles and qualifications of each such person and the
date on which each such title was granted or each such qualification
was certified.
(2) In every year in which such list has not been published, the Registrar
shall cause to be printed and published, on or before the date fixed as aforesaid,
a supplementary list setting forth-
(a) the particulars specified in Clauses (a) to (c) of Sub-section (1), in
the manner therein laid down, in regard to the person whose names
have been entered in the register during the year to which such
supplementary list appertains ; and
(b) the names of persons whose names have been removed from the
register under any of the provisions of this Act during the said year.
(3) In any proceeding, it shall be presumed that every person entered in
such list is either a registered Homoeopathic Practitioner or a listed Homoeopathic
Practitioner, as the case may be, and that any person not so entered is not a
registered Homeopathic Practitioner or a listed Homoeopathic Practitioner:
Provided that in the case of a person whose name has been entered in the
register after the last publication of the list, a certified copy, signed by the Registrar ,
of the entry of the name of such person in the register shall be evidence that such
person is registered under this Act. Such certificate shall be issued free of charge.
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28. Enquiry before registration :- The Registrar before making an
entry in the registers under Sub-section (4) of Section 21 of the names of registered
Homoeopathic Practitioner and listed Homoeopathic Practitioner, shall make an
enquiry in such manner as may be laid down by regulation under Section 53.
29. Registered practitioners' certificate :- Notwithstanding anything
contained in any law for the time being in force-
(a) the expression 'legally qualified medical practitioner' or 'duly qualified
medical practitioner' or any word importing a person recognised by
law as a medical practitioner or a member of the medical profession,
shall, in all enactments for the time being in force in the State of
Orissa, in so far as such enactments relate to any of the matters
specified in the State List or the Concurrent List appended to the
Seventh Schedule to the Constitution of India, be deemed to include
a registered Homoeopathic Practitioner;
(b) a registered Homeopathic Practitioner shall be eligible to hold any
appointment as a medical officer in any dispensary, hospital, infirmary
or lying-in-hospital supported by or receiving a grant from the State
Government or any local authority and treating patients according to
the Homoeopathic system of medicine;
(c) a certificate required by any Act under any law or rule having the
force of law from any medical practitioner or medical officer shall be
valid, if such certificate has been granted by a registered
Homoeopathic Practitioner;
(d) a 'registered Homoeopathic Practitioner' shall be entitled to-
(i) sign or authenticate a birth or death certificate required by
any law or rule to be signed or authenticated by a duly qualified
medical practitioner;
(ii) sign or authenticate a medical or physical fitness certificate
of such description as may be prescribed;
(iii) give evidence at any inquest or in any Court of law as an
expert under Section 45 of the Indian Evidence Act, 1872
(Act I of 1872), or on any matter relating to the Homoeopathic
system of medicine.
30. Board to hold examination to test listed Homoeopathic
Practitioners :- (1) The Board shall at any time, within a period of three years
after the date of publication of the names of 'listed Homoeopathic Practitioners'
practising in the State of Orissa the Homoeopathic system of medicine arrange,
after giving such previous notice as it thinks fit to hold examinations of all such
'listed Homoeopathic Practitioners' who do not possess the registerable
qualifications specified in Sub-section (2) of Section 21.
(2) The Board shall by regulations, among others, lay down the fee to be
paid, for admission to such examination, the subjects in which the examination
12
shall be held, and the minimum standard of proficiency to pass the examination.
(3) Any person who is declared by the Board to have passed the qualifying
examination may, subject to the other provisions of this Chapter, be entitled to
have his name entered in the register.
31. Qualifying examination :- (1) The Board shall, by regulations, lay
down the qualifications required for admission to a Course of training in the
Homoeopathic system of medicine, the course of such training and the qualifying
examinations and may establish and finance Homoeopathic dispensaries, hospitals,
educational institutions in Homoeopathy to give such training and shall hold such
examinations, grant certificates and confer degrees or diplomas.
(2) The Board may prescribe additional courses of study in different branches
of medical science.
(3) It shall be the duty of the Board to secure the maintenance of an
adequate standard of proficiency for the practice of the Homoeopathic system of
medicine and, for the purpose of securing such standard, the Board shall have
authority to call on the governing body or the authorities of any institution giving
instruction in such system-
(a) to furnish such particulars as the Board may require of any course of
study prescribed by regulations; and
(b) to permit Inspectors appointed by the Board to inspect the institution.
32. Appointment of Inspectors :- (1) The Board may appoint such
number of Inspectors as it may deem fit on such salary as the Board may, with
the previous sanction of the State Government, determine.
(2) Such Inspectors shall, in accordance with any general or special
directions of the Board given from time to time, inspect the institutions established
by or affiliated to the Board and they shall report to the Board in regard to the
courses of study pursued and training imparted at every institution which they
inspect and on any other matters with regard to which the Board may require
them to report.
33. Granting recognition and withdrawing it :- (1) The Board may
grant recognition to any institution imparting instruction to students for preparing
them for the qualifying examination if it is satisfied that the instruction imparted
in such institution comes up to the standard requisite for such recognition, and
may at any time suspend or withdraw such recognition if, in the opinion of the
Board, the institution is unable to impart instruction of the requisite standard :
Provided that the Board shall not order the suspension or withdrawal of
such recognition without affording the Committee of management of such institution
an opportunity of making such representation as it may deem fit.
(2) An appeal shall lie to the State Government from the decision of the
Board suspending or withdrawing the recognition within thirty days from such
decision.
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34. Other powers of the Board :- The Board shall have the following
other powers, namely :
(1) to institute exhibitions and award medals threat and also to grant,
scholarships and medals to those who obtain high position at the examinations
held by the Board or are poor and deserving and, with the sanction of the State
Government, to grant to students scholarships for special study in research and
manufacture of Homoeopathic medicine in any medical institution or reputed firm
that the Board may think fit, whether in India or abroad, and -to endow chairs of
Homoeopathy in the institutions established or recognised by the Board;
(2) to demand and receive from students such fees as may be prescribed
for admission to the examinations held by the Board;
(3) to exercise general supervision over the residential and disciplinary
arrangements made by the institutions established or recognised by the Board
and to make arrangements for promoting the health and general welfare of
students receiving instruction in such institution;
(4) to appoint examiners and publish the results of the examinations held
by the Board;
(5) to distribute, subject to rules made by the State Government, grants
out of the funds placed by the State Government, at the disposal of the Board, to
Homoeopathic dispensaries, hospitals and institutions, imparting instruction in
Homoeopathy and to suspend or withdraw grants to any such institution after
affording the Committee of management of such institutions an opportunity of
making such representation as it may deem fit;
(6) to establish or aid research institutions and to arrange for post graduate
study in the science of Homoeopathy and to encourage scientific manufacture of
Homoeopathic medicines in the State;
(7) to register and issue licences on payment of such fee as may be
prescribed by regulations to reliable firms for sale of Homoeopathic medicines;
(8) to establish, with the previous approval of the State Government, a
Medical Faculty of Homoeopathy;
(9) to negotiate with any Homoeopathic medical authority outside the State,
whether India or abroad, for the reciprocal recognition of the medical qualification
and to advise the State Government to take necessary steps in respect thereof ;
(10) to publish periodically Homoeopathic journals and to circulate copies
thereof among registered Homoeopathic Practitioners on payment of suitable
subscriptions ; and
(11) to do such acts, not inconsistent with the provisions of this Act, as
may be necessary for the furtherance of the objects of this Act.
35. 1[x x x]
1. Omitted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-
Legis./19.9-1994-O.A. No. 16 of 1994.
14
36. Homoeopathic Fund :- There shall be established a fund to be called
the Homoeopathic Fund which shall be vested in the Board and there shall be
placed to the credit thereof -
(a) all sums allotted to the Board out of the Consolidated Fund of the
State by the State Government and all sums borrowed by the Board
for the purpose of carrying out the provisions of this Act;
(b) all fees received by the Board on account of the registration of
Homoeopathic Practitioners 1[x x x] or on account of admission to
the examinations held by the Board and licensing of firms for sale of
Homoeopathic medicines and drugs and any other fee under this
Act;
(c) all contributions or subsidies received from any local authority or
private persons ; and
(d) all sums realized as costs or otherwise under this Act, or rules or
regulations framed thereunder, not being fines or penalties.
37. Lump sum allotment and control over funds :- (1) The State
Government may place a lump sum allotment at the disposal of the Board every
year for distribution according to rules to the Homoeopathic dispensaries and
institutions in the State imparting instruction in Homoeopathy or carrying on any
other activity connected with the aims and objects of the Act.
(2) The Board shall administer, subject to any general or special orders of
the State Government, any funds placed at its disposal by the State Government
for specific purposes.
38. Annual estimate of income and expenditure :- (1) The President
1 shall, at a meeting to be held in the month of December in each year , lay before
the Board an estimate of the income and expenditure of the Board for the ensuing
financial year.
(2) Every such estimate shall make provision for the due fulfilment of all
the liabilities of the Board and for the efficient administration of the Act.
(3) Every such estimate shall be prepared in such form and shall contain
such details as the State Government may, from time to time, direct.
(4) A copy of every such estimate shall be sent to each member at least
fourteen clear days before the date of the meeting at which the estimate is to be
laid before the Board.
39. Consideration of estimates by Board and its submission to
the State Government :- (1) The Board shall consider every estimate so laid
before it and shall sanction the same, either without alteration or with such
alterations as it may think fit.
(2) Every such estimate, as sanctioned by the Board shall be submitted to
1. Omitted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-
Legis./19.9-1994-O.A. No. 16 of 1994.
15
the State Government which may at any time within one month after the receipt
of the same-
(a) approve the estimate ; or
(b) disallow the estimate or any portion thereof and return the estimate
to the Board for amendment.
(3) If any estimate is so returned to the Board it shall forthwith proceed to
amend it and shall resubmit the estimate, as amended, to the State Government
for such order as it deems fit and the order of the State Government thereon
shall be final.
40. Restrictions on expenditure not included in the budgeted :-
(1) No sum shall be expended by or on behalf of the Board unless the expenditure
of the same is covered by a current budget grant or can be met by re-appropriation
or by drawing on the closing balance.
(2) The closing balance shall not be reduced below such amount as may,
from time to time, be fixed by the State Government.
41. Objects to which Homoeopathic Fund may be applied :- The
Homoeopathic Fund shall be applicable to the following objects and in the following
order :
(a) to the repayment of debts incurred by the Board for the purposes of
this Act;
(b) to the payment of the salaries and allowances of the Secretary,
Inspectors and of the establishments employed by the Board for the
purposes of this Act and to the payment of any provident fund
contributions to the Secretary, Inspectors and to the members of -
such establishments;
(c) to the payment of the travelling and other allowances of the President
and members of the Board;
(d) to the payment of the travelling and other allowances of the members
of the Committees appointed by the Board;
(e) to the payment of the cost of audit of the Homoeopathic Fund;
(f) to the expenses of any suit or proceeding to which the Board is a
party;
(g) to any object which may be declared by the Board at a meeting
specially convened for the purpose, by a resolution in favour of which
not less than two-thirds of the members present at such meeting
shall have voted, to be an object to which the Homoeopathic Fund
may be applicable; and
(h) to the payment of any other expense incurred by the Board in carrying
put the provisions of this Act.
42. Audit :- The accounts of the Board shall be subject to audit under the
Orissa Local Fund Audit Act, 1948 (Orissa Act V 1948) and for the purposes of the
16
said Act, the Board shall be deemed to be a local authority whose accounts have
been declared by the State Government to be subject to audit under Section 3 of
the said Act, and the funds in the hands of the Board shall be deemed to be a
local fund.
43. Reservation of certain appointments to registered
Homoeopathic Practitioners who have qualified themselves from
institutions established or recognised by the Board :- Except with the
special sanction of the State Government, no Homoeopathic Practitioner, other
than a registered Homoeopathic Practitioner who has qualified himself from an
institution established or recognised by the Board, shall be competent to hold an
appointment as medical officer of health, or as physician, or other medical officer
in a Homoeopathic hospital maintained or aided by the State Government or any
local authority :
Provided that registered Homoeopathic Practitioners in the employ of the
State Government or a local authority on the date on which this Act comes into
force, shall continue to hold the said appointment.
44. Bar to suits and other legal proceedings :- (1) No suit or other
legal proceedings shall lie against the State Government in respect of an act
done in the exercise of the powers conferred by this Act or under the Rules or
Regulations made thereunder.
(2) No suit or other legal proceedings shall be maintainable against the
Board or any member or any officer or employee of the Board or any person
acting under the direction of the Board or of the President or of any officer or
employee of the Board in respect of anything in good faith done, or intended to
be done under this Act or under the Rules or Regulations made thereunder.
45. Mode of proof of Board's records :- A copy of any proceedings,
receipt, application, plan, notice, Order or any entry in a register or other document
in the possession of the Board shall, if duly certified by the Registrar or other
person authorised by the Board in this behalf, be received as prima facie evidence
of the existence of such proceedings, receipt, application, plan, notice, order or
entry and of the matters therein recorded in every case where and to the same
extent as the original proceedings, receipt, application, plan, notice, order or
entry would, if produced, have been admissible to prove such matters.
46. Restriction on the summoning of Board's employees to produce
documents :- No member or officer or employee of the Board shall in any legal
proceedings to which the Board is not a party, be required to produce any register
or document or to appear as a witness to prove the matters recorded therein
unless by order of the Court made for special reasons.
47. Cognizance of offences :- (1) No Court below the rank of a
Magistrate of the Second Class shall take cognizance of an offence under this
Act.
(2) No Court shall take cognizance of any offence under this Act except on
a complaint in writing of an officer, empowered by rules made in this behalf.
17
48. Conferring, granting or issuing of diploma, licence, etc., by
authorised person :- (1) No person or association other than the Board, shall
confer, grant or issue, or hold himself out as entitled to confer, grant or issue any
degree, diploma, licence which is identical with, or is a colourable imitation of
any degree, diploma or licence, granted by the Board.
(2) Whoever contravenes the provisions of Sub-section (1) shall, on
conviction, be punishable with fine which may extend to one thousand rupees
and, if the person so contravening is an association, every member of such
association who knowingly or wilfully authorises or permits the contravention,
shall, on conviction, be punishable with fine which may extend to one thousand
rupees.
49. False assumption of degree, diploma or certificate to be an
offence:- Whoever wilfully or falsely assumes or uses any title or description or
any addition to his name implying that he holds a degree, diploma, licence or
certificate conferred, granted or issued by the Board under this Act or that he is
a registered or listed Homoeopathic Practitioner shall, on conviction, be punishable
with fine, which may extend to two hundred rupees for the first offence, and with
fine which may extend to five hundred rupees for every subsequent offence.
50. Bar to practise Homoeopathy by unqualified persons :- After
the publication of the names of Homoeopathic Practitioners under Section 21 of
the Act and after such time as the State Government shall, by notification in the
Official Gazette, announce, no person other than a registered or listed
Homoeopathic Practitioner holding a licence to practise as hereinbefore provided,
shall practise or hold himself out whether directly or by implication as practising
or being prepared to practise the Homoeopathic system of medicine :
Provided that the State Government may, by notification in the Official
Gazette, direct that the provisions of this section shall not apply in a specified
area.
51. Penalty for practise of Homoeopathy by unauthorised persons
:- Any person who acts in contravention of Section 50 shall, on conviction of such
offence, be punishable with fine which may extend to five hundred rupees.
52. Power to supersede the Board :- If at any time, it appears to the
State Government that the Board has failed to exercise or has exceeded or abused
any of the powers conferred upon it by or under this Act, or has failed to perform
any of the duties imposed upon it, by or under this Act, the State Government
may, if they consider such failure, excess or abuse to be of a serious character,
notify the particulars thereof to the Board and if, the Board fails to remedy such
failure, excess or abuse within such time as the State Government may fix in this
behalf, dissolve the Board and cause all or any of the powers and duties of the
Board to be exercised and performed 1[during the period of such dissolution by
such person as they may think fit to appoint and shall take steps to bring into
existence a new Board without delay.
1. Substituted vide Orissa Gazette Ext. No. 1113/19-9-1994-Notification No. 12935-
Legis./19.9-1994-O.A. No. 16 of 1994.
18
1[52A. Power to appoint a person to exercise powers Of the Board
or the President :- If, at any time the Board c

Excerpt shown. Open the full act in Lexace.

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