The rajasthan homoeopathic medicine act, 1969

The Rajasthan Homoeopathic Medicine Act, 1969  
Act No. 1 of 1970  
[Received the assent of the President on the 26th day of December, 1969].  
An Act to provide for the development and expansion of the homoeopathic system of 
medicine in the State of Rajasthan for the registration of practitioners of that system 
of medicine therein and for other matters connected therewith.  
Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic of 
India as follows: -  
CHAPTER I  
Preliminary  
1. Short title, extent and commencement.  -  (1) This Act may be called the Rajasthan 
Homoeopathic Medicine Act, 1969.  
(2) It extends to the whole of the State of Rajasthan.  
(3) It shall come into force on such date as the State Government may by Notification i n the 
Official Gazette, appoint.  
2. Definitions.  -  In this Act, unless the context otherwise requires, -  
(a) "Board" means the Board of Homoeopathic Medicine for Rajasthan established and 
constituted under the provisions of this Act:  
(b) "Chairman" means th e Chairman of the Board;  
(c) "Homoeopathy" means the system of medicine founded by Dr. Hahnemann and 
includes the allied system of Bio - chemistry founded by Dr. Schussler and the 
expression "Homoeopathic" shall be construed accordingly:  
(d) "Member" means a  member of the Board and includes the Chairman and Vice - 
Chairman thereof;  
(e) "Practitioner" means a person who practices the Homoeopathic system of Medicine:  
1 [(ee) "Recognised  Medical Qualification" means any of the qualifications in 
Homoeopathy included in the Second or Third Schedule of the Homoeopathy Central 
Council Act, 1973] .  
(f) "Register" means the register of Homoeopaths maintained under section 29;  
(g) "Registered Hom oeopath" means a homoeopathic practitioner registered under the 
provisions of this Act;  
(h) "Registrar" means the Registrar appointed under this Act;  
(i) "Vice - Chairman" means the Vice - Chairman of the Board.  
____________________ ____________________ ________ ____________________ ____________  
1. Added by Rajasthan Act  24 of  1974.   
  
CHAPTER II  
Establishment and Constitution of Board  
3. Establishment of Board.  -  (1) The State Government shall, by notification in the Official 
Gazette establish in the manner provided hereafter, a Board to be called the Rajasthan 
Board of Homoeopathic Medicine, for the purpose of carrying out the provisions of this Act.  
(2) The Board so established shall be a body corporate having a perpetual succession and 
a common seal and ma y sue or be sued in its corporate name.  
 
4. Constitution of the Board.  -  1 [(1) The Board shall consist of the following members, 
namely: -  
(a) Four persons to be nominated by the State Government out of whom at least two 
shall be registered homoeopaths, one of them possessing recognised medical 
qualification;  
(b) One person possessing recognised  medical qualification to be elected by the 
registered teachers of the recognised Homoeopathic Institutions in the State of 
Rajasthan from amongst themselves; and  
(c) Six persons to be elected by the registered Homoeopaths of the State from amongst 
themsel ves, out of whom two shall be persons possessing recognised medical 
qualification.]  
(2) Elections under clauses (b) and (c) of sub - section (1) shall be held in the prescribed 
manner.  
 
5. Chairman and Vice - Chairman.  -  The Chairman of the Board shall be nomi nated by the 
State Government from amongst the members of the Board and the Vice - Chairman shall be 
elected in the prescribed manner by such members from amongst themselves. The 
Chairman shall also be entitled to vote at the election of the Vice - Chairman:  
2 [Provided that if the Chairman of the Board nominated by the State Government is not a 
registered Homoeopath, having a recognised medical qualification, the Vice - Chairman shall 
be elected from those members of the Board, who are registered Homoeopaths and 
possess recognised medical qualifications].  
 
6. Term of office of members.  -  (1) The term of office of a member of the Board shall be 
three years from the date on which the first meeting of the Board is held after election under 
section 4:  
Provided that th e State Government may from time to time extend such term to any further 
period not exceeding in the aggregate one year.  
____________________ ____________________ ____________________ ____________________  
1 .  Substituted  by Rajasthan Act 24 of 1974.  
2 .  Substituted by Rajasthan Act 24 of 1974.   
1 [(1 - A)]  Notwithstanding anything contained in any other provision of this Act the State 
Government, if it thinks fit in public interest so to do, may, at any time, by a notification in 
the Official Gazette terminate the norma l or extended term of office of any member of the 
Board and may by a similar notification reconstitute the Board at any time and the Board so 
reconstituted shall be deemed to be a Board constituted under section 4 of this Act:  
Provided that pending such re constitution, the State Government may appoint an 
Administrator who shall exercise all the powers and perform all the functions of the Board 
under this Act:  
Provided further that the Administrator so appointed shall not continue for a period of more 
than s ix months from the date of his appointment).  
(2) An out - going Chairman, Vice - Chairman or member, if otherwise qualified, shall be 
eligible of re - election or re - nomination, as the case may be.  
 
7. First Board to be nominated by the Government.  -  Notwithstan ding anything 
contained in section 4 and section 5, members of the first Board (including the Chairman 
and Vice - Chairman constituted after the commencement of this Act, shall be nominated by 
the State Government and shall hold office for a period of three years from its constitution:  
Provided that the State Government may from time to time extend the term of office of the 
Board to any further period not exceeding in aggregate one year.  
 
2 [7A. Appointment of Administrator.  -  Where the normal or the extended term of the 
Board has expired and the new Board has not been constituted in accordance with the 
provisions of section 4, the State Government may, at any time, by notification in the Official 
Gazette, appoint an Administrator for a term not exceeding one y ear to exercise all the 
powers and perform all the functions and duties of the Board:]  
3 [Provided that the State Government may, from time to time, whether by prospective or a 
retrospective order extend the term of the Administrator so appointed subject, h owever, to 
the condition that the total term of the Administrator shall not exceed in aggregate a period 
of four years.]  
 
8. Resignation of Office.  -  (1) Any member other than the Chairman or Vice - Chairman 
may at any time resign his office by a letter addr essed to the Chairman and such 
resignation shall take effect after the expiry of fifteen - days from the date of delivery of the 
letter to the Chairman.  
(2) A Vice - Chairman may resign his office by giving notice in writing to the Chairman and 
such resignatio n shall take effect on the expiry of one month from the delivery of the notice 
to the Chairman.  
(3) A Chairman may at any time resign his office by a letter addressed to the State 
Government and such resignation shall take effect from the date on which acc eptance of 
the State Government thereon is received in the office of the Board.  
____________________ ____________________ ____________________ ____________________  
1 .  Inserted  by Rajasthan Act 8  of 197 9 .  
2 .  Inserted  by Rajasthan Act 8  of 197 9 .  
3 .  Substituted by Rajasthan Act 9  of 19 83 .  
  
9. Filling of casual vacancies.  -  (1) If a member, Vice - Chairman or Chairman of the Board 
dies or resigns or from any cause whatsoever ceases to be such member, Vice - Chairman 
or Chairman, as the case may be, or, in accordance with the provision of this Act, vacates 
his office or is remo ved therefrom, the vacancy so caused shall be filled by fresh election or 
nomination, as the case may be, within such period as may be prescribed:  
Provided that, if the vacancy is for a period of six months or less, the Board or the State 
Government may di rect that the vacancy be left unfilled.  
(2) The term of office of a member, Vice - Chairman or Chairman elected or nominated to fill 
up the vacancy mentioned in sub -  section (1) shall be the remainder of the term of office of 
the member, Vice - Chairman or Cha irman in whose place he has been so elected or 
nominated.  
 
10. Vacation of Office.  -  (1) If any member, during the period for which he has been 
elected or nominated, -  
(a) absents himself without cause from three consecutive ordinary meetings of the 
Board: or  
(b) becomes subject to any of the disqualifications mentioned in section 17:  
the Board may declare his office to have become vacant:  
Provided that, when the Board proposes to take action under this section, an opportunity of 
explanation shall be given t o the member concerned and. when such action is taken, the 
reasons therefor, shall be placed on record.  
 
11. Removal from Office.  -  (1) The State Government may remove a Chairman, Vice - 
Chairman or member who, in its opinion has so flagrantly abused in any manner his position 
as such as to render his continuance on the Board detrimental to the public interest, or who 
has been guilty of habitual failure in the performance of his duties:  
Provided that, when the State Government proposes to take action under th is section, it 
shall give the Chairman, Vice - Chairman or member an opportunity of explaining his conduct 
on account of which it is proposed to remove him, shall make such enquiry as it may 
consider necessary and shall, in the event of taking such action, p lace on record the 
reasons therefor, and the decision of the State Government thereon shall not be questioned 
in any court of law.  
(2) The State Government may place under suspension a member, Vice - Chairman or 
Chairman against whom an inquiry relating to t he abuse of his position as a member, Vice - 
Chairman or Chairman is pending before it or in a court of law, or under the orders of the 
State Government or the Board till final orders have been passed on the legal proceedings 
or the enquiry, as the case may be. Such member, Vice - Chairman or Chairman shall not 
take part in any proceedings of the Board during the period of suspension.  
 
12. Duties of Chairman.  -  It shall be the duty of the Chairman -  
(a) unless provided otherwise by this Act or prevented by reaso nable cause -  
(i) to convene and preside over all meetings of the Board and  
(ii) otherwise to control, in accordance with any regulations to be made in this 
behalf, the transaction of business at all meetings of the Board;  
(b) to superintend and control the  financial and executive administration of the Board 
and bring to its notice any defects therein, and  
(c) to perform such other duties as are required of or imposed on him by or under this 
Act or rules made thereunder.  
 
13. Power of Board to require reports etc.  - (1) The Board may require the Chairman to 
furnish it with -  
(a) any return, statement, estimate, statistics or other information regarding any matter 
pertaining to the administration of the Board;  
(b) a report or explanation on any such matter ; and  
(c) a copy of any record, correspondence, plan or other document which is in his 
possession or control as Chairman or which is recorded or filed in the office of any 
servant of the Board.  
(2) The Chairman shall comply with every requisition made under sub - section (1) without 
unreasonable delay.  
 
14. Delegation by Chairman of his powers and duties to Vice - Chairman.  -  (1) The 
Chairman may empower, by general or special order, the Vice - Chairman to exercise under 
his control any one or more of his pow ers, duties or functions.  
(2) An order by the Chairman under sub - section (1) may lay down any conditions, and 
impose any restrictions, in respect of the exercise of any power, the performance of any 
duty or the discharge of any function by the Vice - Chairma n.  
(3) In particular, such order may lay down the condition that any order by a Vice - Chairman 
in the exercise of a power conferred on him by sub - section (1) shall be liable to rescission 
or modification by the Chairman upon appeal to him within a specified  time.  
 
15. Duties of Vice - Chairman.  -  A Vice - Chairman shall -  
(a) in the absence of the Chairman from a meeting of the Board and unless prevented 
by reasonable cause, preside over, regulate the conduct of business, and maintain 
and enforce order at the mee ting.  
(b) during the vacancy in the office of the Chairman or the incapacity or temporary 
absence of the Chairman, perform any other duty or exercise any other power of the 
Chairman, and  
(c) at any time perform any duty and exercise, when occasion arises a ny power 
delegated to him by the Chairman under section 14.  
 
16. Nomination of members in default of election.  -  If any electoral body referred to in 
section 4 fails, by such date as may be prescribed to elect the requisite number of member 
or members or t o fill - up any vacancy, the State Government shall on the recommendation of 
the Board fill up such vacancy or vacancies by nomination of a person or persons qualified 
to be elected by the appropriate electoral body.  
 
17. Disqualifications for membership.  -  A person shall be disqualified for being elected or 
nominated as, or for being a member of the Board if -  
(a) he has been sentenced by a court to imprisonment for an offence involving moral 
turpitude or indicating, in the opinion of the Board, such a defect  in character as 
would render the entry or continuance of his name in the register undesirable, the 
sentence not having been subsequently reversed in appeal or revision or remitted by 
an order which the State Government is empowered to make if it thinks fi t:  
(b) the Board, after enquiry (at which an opportunity has been given to such person to 
be heard in his defence either personally or through a representative) has found him 
guilty, by a majority of two - thirds of the members present and voting at the meet ing, 
of infamous conduct in any professional respect;  
(c) he is an undischarged insolvent:  
(d) he has been adjudged by a competent court to be of unsound mind;  
(e) he is a dismissed servant of the State Government or of any local authority:  
(f) he is debar red from practising as a legal practitioner by order of any competent 
authority;  
(g) he holds any place of profit in the gift or disposal of the Board;  
(h) being a legal practitioner, he appears in any suit or proceeding, civil or criminal, 
against the Boa rd; or  
(i) he has acquired, directly or indirectly by himself or by a partner, any share or interest 
in any contract with, by or on behalf of the Board.  
 
18. Notification of elections etc.  -  The name of every member, Vice - Chairman or 
Chairman of the Board elected or nominated under this Act and of every member, Vice - 
Chairman or Chairman who has resigned under section 8 or vacated his office under 
section 10 or has been removed therefrom und er section 11, shall be notified in the official 
gazette.  
 
19. Payment of allowances.  -  (1) There shall be paid to the members of the Board such 
travelling and daily allowances as may be prescribed.  
(2) No member other than the Chairman shall receive any pay.  
(3) The Chairman may receive such pay, allowances or emoluments, as may be prescribed.  
 
20. Meetings of the Board.  -  (1) The Board shall meet at its office at Jaipur or at such 
other place and at such time, and every meeting shall be convened in such manner, as may 
be provided by regulations made by the Board.  
(2) No business shall be transacted at any meeting of the Board unless four members are 
present:  
Provided that, when it is necessary to postpone any business at a meeting for want of 
quorum, the chairman shall adjourn the meeting to another date and the business 
postponed for want of quorum shall be transacted on such date or, in the event of further 
adjournment of the meeting to a subsequent date, on such subsequent date, 
notwithstanding any defi ciency in the number of members present.  
(3) Every meeting of the Board shall be open to the public unless the Chairman thereof 
considers that the public should be excluded during the whole or any part of the meeting.  
 
21. Chairman of meeting.  -  If at a me eting neither the Chairman nor the Vice - Chairman is 
present, the members present shall elect one from amongst themselves to be the Chairman 
of the meeting and such Chairman shall perform all the duties, and may exercise all the 
powers, of the Chairman of t he Board while presiding at the meeting.  
22. Power of Chairman of meeting to maintain order.  -  Where, at a meeting of the 
Board, any member or other person refuses to comply with any direction of the Chairman 
ruling any business or matter out of order or o therwise regulating the conduct of members 
or of business or where any member or person wilfully disturbs the meeting, the Chairman 
may require that member or person to withdraw from the meeting and, in the event of his 
omitting to do so, may employ agains t him such force as is necessary, or as in good faith he 
believes to be necessary, for the purpose of removing and excluding him from the meeting.  
 
23. Decision by Board.  -  (1) All questions which may come before a meeting of the Board 
shall unless otherwi se provided in this Act or in the rules or regulations made thereunder, 
be decided by a majority of the votes of the members present and voting.  
(2) In case of an equality of votes, the Chairman of the meeting shall have a second or 
casting vote.  
 
24. The minute book and resolutions.  -  (1) The names of the members present, and the 
proceedings held and resolutions passed, at a meeting of the Board shall be entered in a 
book to be called the minute book.  
(2) The minutes shall be read out at the meeting or at the next following meeting and, after 
being passed as correct by the members, or a majority of them present at the reading, shall 
be certified as passed by the signature of the Chairman of the meeting at which they are 
passed.  
(3) A copy of the proceedings  of every meeting of the Board shall, within fifteen days from 
the date of the meeting be forwarded to the State Government or any other authority 
appointed by the State Government in this behalf.  
 
25. Establishment of Advisory Committee.  -  (1) Subject to rules made by the State 
Government for this purpose, the Board may, by a resolution in this behalf, appoint an 
Advisory Committee consisting of seven persons of whom three shall be the members of 
the Board and four co - opted members, for any purpose provide d for in this Act and may 
appoint a Convenor who shall preside over the meetings of such Committee. In the absence 
of the Convenor, the committee may elect any one of its members for this purpose.  
(2) All questions at a meeting of the Committee shall be de cided by a majority of the votes 
of the members present and voting. In case of an equality of votes, the person presiding 
shall have a casting vote.  
(3) No business shall be transacted at any meeting of the Committee when less than three 
members are presen t.  
(4) Proceedings of every meeting of the Committee shall be laid before the Board which 
may take such action thereon as it deems necessary.  
(5) The members of the Advisory Committee shall be paid such travelling and other 
allowances as may be payable to the members of the Board under section 19.  
 
26. Validity of proceedings.  -  (1) No vacancy in the Board or in a Committee of the Board 
shall vitiate any act or proceedings of the Board or such Committee.  
(2) No disqualification of or defect in the election or nomination of, any person acting as a 
member of the Board or as the Vice - Chairman or the Chairman or the person presiding at a 
meeting shall be deemed to vitiate any act or proceeding of the Board in which such person 
has taken part.  
CHAPTER III  
Staff and Registration  
27. Registrar and other officers and servants of the Board.  -  (1) The Board shall, with 
the previous approval of the State Government appoint a Registrar:  
Provided that the final appointment of the Registrar may be made by the State Govern ment.  
(2) The Registrar shall receive such salary and allowances and shall be governed by such 
other conditions of service as may be prescribed. The Chairman may from time to time 
grant to the Registrar leave and may appoint a person, with the sanction of the State 
Government to act in his place during his leave or absence: and any person so appointed to 
act as Registrar shall be deemed to be the Registrar for the purposes of this Act.  
(3) An appeal shall lie to the State Government from every order of the Board or its 
Chairman punishing or removing any person from the office of the Registrar.  
(4) The Registrar shall also be the Secretary and the executive officer of the Board.  
(5) The Board may appoint such other officers and servants as may be necessary fo r 
carrying out the purposes of this Act.  
(6) All questions relating to the number, designations, pay and allowances, recruitment, 
promotions, leave, provident fund and other conditions of service of the officers and 
servants appointed under sub - section (5)  shall be governed by rules made by the State 
Government.  
(7) The Registrar and any other office or servant appointed under this section shall be 
deemed to be a public servant within the meaning of section 21 of Indian Penal Code, 1860 
(Central Act 45 of 1 860).  
28. Maintenance of register.  -  (1) The Board shall, within  1 [one and a half year]  of its 
constitution, cause to be prepared a register of homoeopaths.  
(2) The register shall be kept and maintained by the Board in such manner as may be 
prescribed.  
29.  Duties of Registrar.  -  (1) Subject to the provisions of this Act and subject to any 
general or special orders of the State Government or the Board, as the case may be, it shall 
be the duty of the Registrar, to keep and maintain the register and discharge such other 
functions as are required to be discharged by him under this Act or by any rules or 
regulations made thereunder.  
(2) The Registrar shall, so far as practicable, keep and maintain the register correct and up - 
to - date and may from time to time ente r therein any material alterations in the addresses or 
qualifications of the registered Homoeopaths. He shall also remove from the register the 
names of the registered homoeopaths who die or who cease to be qualified as such.  
 
30. Persons entitled to be re gistered.  -  (1) Every person, possessing any of the 
qualifications mentioned in the schedule, shall, subject to the provisions of this Act, be 
entitled to have his name entered in the register.  
 
____________________ ____________________ ____________________ ____________________  
1 .  Substituted by Rajasthan Act 4  of 19 71 .  
  
(2) Notwithstanding anything contained in sub - section (1), every practitioner who proves in 
the prescribed manner that he has been in  regular practice of the Homoeopathic system of 
medicine in the State for a period of not less than three years immediately preceding the 
date of commencement of this: Act, shall on an application made by him within  1 [one and a 
half year]  of such commencement for the registration of his name in the register be, subject 
to the provisions of this Act, entitled to have his name entered in the register.  
2 [Provided that applications delivered to any post office in India or outside within the time 
prescr ibed above, shall be considered to have been made within the prescribed time.]  
3 [(2A) For the removal of doubts, it is declared that it shall be lawful for the Registrar to 
review such applications, on his own motion or an application made to him, as were 
rejected on the ground of not having been made within the prescribed time.]  
4 [(3) An application for registration under sub - section (1) or (2) shall be accompanied with a 
registration fee of Rs. 50/ - . Such fee shall not be refundable under any circumstance s.]  
(4) Application for registration shall be made to and disposed of by the Registrar.  
(5) Any person aggrieved by the decision of the Registrar regarding the registration of any 
person or the making or removal of any entry in the register, may within nin ety days from 
the date of such decision or within such extended time as the Board may upon sufficient 
cause allow, appeal to the Board.  
(6) Such appeal shall be heard and decided by the Board in the prescribed manner.  
(7) The Board may, on its own motion o r on the application of any person and after calling 
for an explanation from the person concerned and considering the same, cancel or alter any 
entry in the register, if in the opinion of the Board, such entry was fraudulently or incorrectly 
made or obtain ed.  
31. Renewal of registration.  -  (1) Every registered Homoeopath shall be entitled to 
practice for a period of three years from the date on which his name has been registered 
and if he desires to continue to practice after the expiry of the said period, he shall, upon an 
application made to the Registrar along with a renewal fee of twenty - five rupees for every 
period of three years, be entitled to the continuance of his name in the register.  
(2) If the renewal fee is not paid before the due date, the Regi strar shall remove the name 
of the defaulter from the register:  
Provided that the name so removed may be restored to the register on payment of the 
renewal fee in such manner and subject to such conditions as may be prescribed.  
____________________ ____________________ ____________________ ____________________  
1 .  Substituted by Rajasthan Act 4  of 19 71 .  
2 .  Add ed by Rajasthan Act 24  of 19 74 .  
3 .  Insert ed by Rajasthan Act 24  of 19 74 .  
4 .  Substitut ed by Rajasthan Act 24  of 19 74 .  
  
32. Power of Board to recognise titles etc. for purposes of registration.  -  If the Board is 
satisfied -  
(a) that any title or degree granted or qualification certified by a University, medical 
corporation, examining body or other institution in or outside I ndia is sufficient 
guarantee that persons holding such title, degree or qualification possess the 
knowledge and skill requisite for the efficient practice of Homoeopathy, or  
(b) that such a title, degree or qualification is not a sufficient guarantee as af oresaid,  
it may direct -  
(i) in case (a), that the possession of such title, degree or qualification shall, 
subject to the provision contained in this act and on payment of such fee as may 
be prescribed entitle a person to have his name entered in the register, or  
(ii) in case (b) that the possession of such title, degree or qualification shall not 
entitle a person to have his name entered in the register.  
 
33. Power of Board to call for information from institutions.  -  The Board shall have 
power to cal l upon the governing body or authority of a medical corporation, examining body 
or other institution, included or desirous of being included in the Schedule -  
(a) to furnish such reports, returns or other information as the Board may require to 
enable it to  judge the efficiency of the instructions given therein in homoeopathy, and  
(b) to provide facilities to enable a member of the Board deputed by it in this behalf to be 
present at the examination held by such medical corporation, examining body or 
other in stitution.  
 
34. Information required from applicants for registration.  -  Every person who applies to 
have his name entered in the register must satisfy the Registrar that he is possessed of 
some degree, title or qualification specified in the Schedule and he must inform the 
Registrar of the date on which he obtained the degree, title or qualification which entitles 
him to claim registration under this Act and shall also furnish any other information required 
by the Registrar in order to enable him to discha rge his duties under the Act.  
 
35. Entry of new titles and qualifications.  -  If a person whose name is entered in the 
register obtains any title, degree or qualification other than the title, degree or qualification in 
respect of which he has been register ed, he shall on payment of such fee not exceeding 
rupees five as may be prescribed be entitled to have an entry stating such other title, 
degree, or qualification made against his name in the register, either in substitution for, or in 
addition to, any ent ry previously made.  
 
36. Powers of Board to prohibit entry in or to direct removal from the register.  -  (1) 
The Board may prohibit the entry in or order the removal from, the register of the name of 
any Homoeopath -  
(a) who has been sentenced by a court in India to imprisonment for an 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 or a committee of the Board specially authorised f or the purpose, 
after enquiry (at which an opportunity has been given to him to be heard in his 
defence and to appear either in person or by counsel) and which may, in the 
discretion of the Board, be held (in camera) has found guilty of professional 
miscon duct or other infamous conduct by a majority of at least two - third of the 
members present and voting at the meeting.  
1 [(c) who has been found by the Board or a Committee of the Board specially 
constituted for this purpose, after an enquiry and after giving  the person concerned 
an opportunity of being heard, to have obtained registration fraudulently or by 
submitting false or forged or incorrect document or on the basis of mis -  
representation or by the use of deceitful and dishonest means.]  
2 [(2) The name of  any person, against whom an order has been made under clauses (a) 
and (b) of sub - section (1) shall be entered or re - entered in the register, as the case may be, 
after 6 years from the date of such order.]  
 
37. Notice of deaths and erasure of names from register.  -  (1) Every Registrar of Death 
who receives notice of the death of a person whose name he knows to be entered in the 
register of homoeopaths shall forthwith transmit by post to the Registrar of the Board a 
certificate of such death, signed by him  and stating particulars of the time and place of 
death.  
(2) On receipt of such certificate or other reliable information regarding such death, the 
Board shall erase the name of the deceased person to be erased from the register.  
 
38. Procedure in inquirie s.  -  For the purpose of any inquiry held under clause (b) of sub - 
section (1) of section 36, the Board or the Committee, as the case may be, shall exercise 
the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850, of 
the Centra l Legislature 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, to any order passed during the 
course thereof and to any appeal from such order.  
 
39. Publication of names entered in the register.  -  (1) The Registrar shall, in every year 
and from time to time as occasions may require, on or before a date to be fixed in this 
behalf by the Board, cause to be published, in the Official Gazette and in such other manner 
as the Bo ard may prescribe, a full or supplementary list arranged in alphabetical order of 
the names for the time being entered in the register and setting forth -  
(a) the registered address and appointment held by, or actual employment of, each 
person whose name is  entered in the register:  
(b) the registered titles, degrees and qualifications of each such person and the date on 
which such title or degree was granted or qualification certified:  
Provided that the Registrar shall from time to time get published in the Official Gazette the 
names of such registered Homoeopaths whose names have been duly removed from the 
register under any provision of this Act.  
____________________ ____________________ ____________________ ____________________  
1 .  Add ed by Rajasthan Act 24  of 19 74 .  
2 .  Substitut ed by Rajasthan Act 24  of 19 74 .  
  
(2) In any proceeding it shall be presumed that every person entered in such list is a 
registered Homoeopath:  
Provided that in the case of a person whose name has been entered in the register after the 
last pu blication 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 
and such certificate shall be issued free of charge.  
CHAPTER IV  
Functions and Finances of the Board  
40. Powers of the Board.  -  The Board shall have the following powers namely: -  
(i) to recognise Homoeopathic educational or instructional institutions for purposes of 
affiliation;  
(ii) to prescribe courses of study and cu rricula for general instruction or special or 
refresher courses in institutions affiliated to the Board in such branches of the Medical 
Science of Homoeopathy as the Board may think fit;  
(iii) to hold examinations and to grant and confer degrees and diplom as to and on 
persons who shall have pursued a course of study in an educational institution 
affiliated to the Board;  
(iv) to institute, exhibitions and award medals thereat to grant scholarships and medals 
to those who obtain high position at the Board's examinations or are poor and 
deserving, and with the sanction of the State Government, to grant scholarships for 
special study in research and manufacture of Homoeopathic medicines in any 
medical institution or a reputed firm that the Board may think fit, and to endow chairs 
of Homoeopathy in institutions affiliated to the Board;  
(v) to demand and receive from students such fees as may be prescribed as may be 
prescribed for admission to the Board's examinations;  
(vi) to exercise general supervision over the  residential and disciplinary arrangements 
made by the educational institutions affiliated to the Board and to make arrangements 
for promoting the health and general welfare of their students;  
(vii) to appoint examiners and publish the results of the exami nations held by it;  
(viii) to suspend or withdraw the recognition of any institution which is not conducted in 
accordance with the conditions prescribed by this Act or the rules or regulations 
framed thereunder:  
Provided that no such action shall be taken without affording the Committee or 
management of such an educational institution an opportunity of making such 
representation as it may deem fit;  
(ix) to appoint, with the previous sanction of the State Government, Inspectors for the 
inspection of Homoeopa thic dispensaries, hospitals and educational institutions in the 
State;  
1 [(x) x x x] .  
____________________ ____________________ ____________________ ____________________  
1 .  Omitted by Rajasthan Act 24  of 19 74 .  
(xi) to  establish or aid research institutions to arrange for postgraduate study in the 
science of Homoeopathy and to encourage scientific manufacture of Homoeopathic 
medicines in the State;  
(xii) to publish Homoeopathic journals;  
(xiii) to do such acts, not inco nsistent with the provisions of this Act and the rules and 
regulations made thereunder, as may be necessary for the furtherance of the objects 
of this Act;  
1 [(xiv) to appoint with prior approval of the State Government, standing or ad hoc 
Committees, to de legate any of its powers and functions to such Committees, subject 
to any restriction and to make regulations for determining the procedure to be 
followed by such Committees.]  
 
41. Budget.  -  (1) The Board shall have prepared and laid before it at a meeting  to be held in 
every year before such date as may be prescribed a complete account of the actual and 
abstracted receipts and expenditure for the year ending on the 31st day of March next 
following such date together with a budget estimate of the income and  expenditure of the 
Board for the year commencing on the first day of April next following.  
(2) The Board shall at such meeting decide upon the appropriations and ways and means 
contained in the budget estimate and pass the budget which shall be submitted to the State 
Government or to such other authority as the State Government may by order direct within 
fifteen days from the date of the meeting in which the budget is passed.  
(3) If the State Government is satisfied that adequate provision has not been mad e therein 
for giving effect to the provisions of this Act, it shall have the power to suggest such 
modifications as may be necessary to secure such provision and return the budget to the 
Board with its observations regarding the modifications to be made th erein. The Board shall 
consider such observations and pass the budget with such modifications as it deems 
necessary.  
(4) If in the course of a year the Board finds it necessary to modify the figures shown in the 
budget with regard to its receipts or to the  distribution of the amounts to be expended for the 
purposes of this Act, a supplementary budget may be prepared, passed, submitted and 
modified in the manner provided in sub -  sections (1), (2) and (3).  
(5) As soon as may be after the first day of October every year, the revised budget for the 
year shall be framed and such revised budget shall, so far as may be, be subject to all the 
provisions of the foregoing sub - sections applicable to a budget.  
 
42. Homoeopathic Fund.  -  (1) There shall be established a H omoeopathic Fund, 
hereinafter referred to as the "Fund".  
(2) There shall be placed to the credit of the Fund -  
(a) grants and loans received from the State Government,  
(b) all  fees received by the Board on account of registration of Homoeopaths and 
admission to the Board's examinations,  
____________________ ____________________ ____________________ ____________________  
1 .  Added by Rajasthan Act 24  of 19 74 .  
  
(c) contribution  received from any local authority or any Homoeopathic association, and  
(d) all sums received by or on behalf of the Board from sources other than those 
mentioned in the foregoing clauses.  
(3) The Fund shall be applied for the purpose specified in this Act  and for such other 
purposes and in such manner as may be prescribed.  
(4) The expenses of the Board shall include the salaries and allowances of the Registrar 
and the staff appointed by the Board, the fees and allowances paid to the Chairman and 
members of  the Board, the expenses for the conduct of examinations and such other 
expenses as are necessary for carrying out the purposes of this Act.  
 
43. Custody and operation of Fund.  -  (1) The Homoeopathic Fund shall be kept in a 
scheduled bank and shall be oper ated upon by such person or persons and in such manner 
as may be prescribed.  
(2) To defray the current expenses of the Board such sum as the State Government may 
deem sufficient may be kept with the Registrar by way of imprest money.  
 
44. Accounts and Audi t.  -  (1) The Board shall keep accounts and submit such statements 
to the State Government as may be prescribed.  
(2) Accounts of receipts and expenditure of the Board shall be maintained for every financial 
year in such form as may be prescribed.  
(3) All ac counts kept and maintained by the Board shall be audited, as soon as may be after 
the end of each financial year, by the Examiner of Local Fund Audit for the State and the 
provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act 28 of 1954) sh all 
apply.  
(4) The Board shall be bound to comply with all such directions as the State Government 
may think fit to issue after going through the audit report in respect of its accounts.  
(5) The Board shall pay out of the Homoeopathic fund such sum as may be determined by 
the State Government by way of charges for audit.  
CHAPTER V  
Privileges of Homoeopaths  
45. Qualified practitioner's certificate.  -  Notwithstanding anything contained in any other 
law for the time being in force -  
(1) the expression "legally qualified medical practitioner" or "duly qualified medical 
practitioner" or any word importing that a person is recognised by law as a Medial 
practitioner or as a member of the Medical profession shall, in all Rajasthan Laws and  in all 
Acts of the Central Legislature (in their application to the State of Rajasthan) in so far as 
such laws or Acts relate to any of the matters specified in list II or list III of the Seventh 
Schedule to the Constitution of India, be deemed to include  a registered Homoeopath:  
(2) a certificate required 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 Homoeopath;  
(3) a registered Homoeopath shall be eligible to hold any appointment as a physician, 
surgeon or other medical officer in any Homoeopathic dispensary, hospital, infirmary or 
lying in hospital supported by or receiving grant from the State Government or in any public 
establishment, bo dy or institution dealing with the system of Homoeopathic medicine;  
(4) a registered Homoeopath shall be entitled -  
(a) to sign or authenticate a birth or death certificate required by any law or rule to be 
signed or authenticated by a duly qualified medica l practitioner,  
(b) to sign or authenticate a medical or physical fitness certificate required by any law or 
rule to be signed or authenticated by a duly qualified medical practitioner.  
1 [(c) X X X]  
2 [(5) A registered Homoeopath possessing a recognised  medical qualification shall be 
entitled to appear and give evidence at any inquest or before any Court of Law as an expert 
under section 45 of the Indian Evidence Act, 1872 (Central Act 1 of 1872) on any matter 
relating to the homoeopathic system of medic ine.]  
 
46. Exemption from serving on inquests.  -  Notwithstanding anything in any other law for 
the time being in force, every registered Homoeopath shall be exempted, if he so desires, 
from serving on any inquest or as a juror under the Code of Criminal Pr ocedure, 1898 
(Central Act V of 1898).  
 
47. Privileges under Rajasthan Act 2 of 1950.  -  The registered Homoeopaths shall have 
the same privileges as the medical practitioners registered under the Rajasthan Medical 
Act, 1952 (Rajasthan Act 13 of 1952) have under the Rajasthan Excise Act, 1950 
(Rajasthan Act 2 of 1950).  
CHAPTER VI  
Miscellaneous  
48. Appeals to State Government from decisions of Board.  -  (1) An appeal shall lie to 
the State Government from every decision of the Board under this Act.  
(2) Every a ppeal under sub - section (1) shall be preferred within three months of the date of 
communication of the decision sought to be appealed from.  
 
49. Control of Board by State Government.  -  If at any time it shall appear to the State 
Government that the Board has failed to exercise or has exceeded or abused a power 
conferred upon it by or under this Act or has failed to perform a duty imposed upon it by or 
under this Act, the State Government may, if it considers 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 may be fixed by the State 
Government in this behalf, the State Government may dissolve the Board and cause all or 
an y of the powers and duties of the Board to be exercised and performed by such agency 
and for such period as it may think fit:  
Provided that a new Board shall be constituted within  3 [two years]  of such dissolution.  
 
____________________ ____________________ _ ____________________ ___________________  
1 .  Omitted by Rajasthan Act 24  of 19 74 .  
2 .  Added by Rajasthan Act 24  of 19 74 .  
3 .  Substituted by Rajasthan Act 24  of 19 74 .  
  
50. Penalty on un - registered person representing that he is registered.  -  If a person 
whose name is not entered in the register of Homoeopaths falsely pretends that it is so 
entered or uses in connection with his name or title any word or letters representing that his 
name is so entered, he shall, whether any person is actually deceived by such 
represent ation or not, be punishable, on conviction, with fine which may extend to two 
hundred rupees.  
 
51. Conferring, g

Excerpt shown. Open the full act in Lexace.

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