The West Bengal Homeopathic System Of Medicine Act, 1963

West Bengal Act XXXIII of 1963 
THE WEST BENCAL HOMOEOPATHIC SYSTEM OF 
MEDICINE ACT, 1963. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extra-ordinary, of the 6th November, 1963.] 
[6th November, 1963.] 
An Act to provide for the development of the Homoeopathic 
system of medicine, to regulate the teaching and 
practice thereof and to deal with certain other connected matters. 
It is hereby enacted in the Fourteenth Year of the 
Republic of India, by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the West Bengal Short 
Homoeopathic System of Medicine Act, 1963. 	 tale, 
extent 
(2) It extends to the whole of West Bengal. 	 and 
commence- 
(3) It, shall come into force on such date as the State 231'. Government may, by notification in the Onicial Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 
(1) "Council" means the Council of Homoeopathic 
Medicine, West Bengal, constituted under sec-
tion 3 ; 
(2) "General Council and State Faculty of Homoeo-
pathic Medicine, West Bengal" means the 
General Council- and State Faculty of Homoeo-
pathic Medicine, West Bengal, established by 
resolution No. 1568Medl., dated 24th June, 1941 
of the Government of Bengal as subsequently 
amended; 
(3) "Homoeopathy" means the system of medicine 
founded by Dr. Hahnemann and includes the 
Biochemic system of medicine founded by 
Dr. Schussler and the expression "Homoeo-
pathic" shall be construed accordingly; 
(4) "member" means a member of the Council; 
(5) "prescribed" means prescribed by rules; 
(6) "President" means the President of the Council; 
(7) "Register" means the Register of Homoeopathic 
practitioners maintained under this Act; 
Defini-
tions. 
Constitu-
tion of the 
Council of 
Homoeo-
pathic 
Medicine, 
West 
Bengal. 
Transi-
tional 
provi-
sions. 
2 	 The West Bengal Homoeopathic. System of 
Medicine Act, 1963. 
[West Ben. Act 
(Sections 3-6.) 
(8) "registered Homoeopathic practitioner" means a 
Homoeopathic practitioner registered under the 
provisions of this Act; 
(9) "Registrar" means the Registrar of the Council; 
(10) "regulations" means regulations made by the 
Council under this Act; 
(11) "rules" means rules made by the State Government 
under this Act ; 
(12) "teacher" means any person appointed by a 
Homoeopathic institution affiliated to, or recognised 
by, the Council to hold a teaching post; 
(13) "Vice-President" means the Vice-President of the 
Council. 
3. As soon as may be after the commencement of this 
Act, the State Government shall, by notification in the 
(Vidal Gazette, establish a body corporate with perpetual 
succession and a common seal named the Council of Homoeo-
pathic Medicine, Weft Bengal. The Council shall be entitled 
to acquire and hold movable and immovable property, to 
transfer such property, to contract and to do all things 
necessary ,  for the purposes of this Act and shall by its name 
sue and be sued. 
4. Upon the constitution of the Council— 
(1) the General Council and State Faculty of Homoeo-
pathic Medicine, West Bengal shall cease to 
exist and the assets and liabilities thereof shall 
stand transferred to the Council ; 
(2) any order passed, any appointment made, anything 
whatsoever begun or done by the General Council 
and State Faculty of Homoeopathic Medicine, 
West Bengal, shall, so far as it is not inconsistent 
with the provisions of this Act, be deemed to 
have been passed, made, begun or done by the 
Council. 
Composi- 	 5. (1) The Council shall consist of the following 
tion 	 members, namely :— of the 
Council, 	 (a) a President nominated by the State Government : 
Provided that on the expiry of the first two terms of 
office of the President as specified in sub-section 
(1) of section 13, the State Government shall 
nominate a President from among three 
persons recommended by the Council in such 
manner as may be prescribed ; 
The West Bengal Homoeopathic, System of 	 3 Medicine Act, 1963. 
XXXIII of 1963.] 
(Sections 6, 7.) 
(b) seven members nominated by the State Government 
of whom three shall be registered Homoeopathic 
practitioners; 
(c) one member nominated by the iVice-Chancellor of 
the University of Calcutta; 
(d) the Head of the Homoeopathic Research Institute, 
ex-officio, when such an Institute is established : 
Provided that until the Institute is established any other 
persOn may be nominated by the State Govern-
ment ; 
(e) the Principal , of a Homoeopathic College, aff iliated 
to the Council, nominated by the State Govern-
ment; 
(f) eight members, who are citizens of India, elected, 
from such constituencies and in such manner as 
may be prescribed, by the registered Homoeo-
pathic practitioners from among themselves of 
whom at least four must be practitioners whose 
names are entered in Part A of the Register. 
(2) Notwithstanding anything contained in the foregoing 
sub-section or elsewhere in this Act, on the first constitution 
of the Council all the members of the Council shall be 
nominated by the State Government and the State Govern-
ment shall also nominate one of the members to be the Vice-
President. 
6. If the nominating authority referred to in clause (c) of sub-section (1) of section 5, or the electoral body referred 
to in clause (f) of the said sub-section fails by the prescribed 
date to nominate or elect the requisite number of member 
or members which such authority or body is entitled to 
nominate or elect, the State Government shall fill up the 
office of such member or members by nomination of a person 
or persons qualified to be nominated or elected by such 
authority or body. Any person so nominated by the State 
Government shall be deemed to have been duly nominated 
or elected a member by such authority or body. 
' 7. A person shall be disqualified for being nominated or 
elected a member of the Council, if— 
(1) he has been convicted of any offence involving moral 
.turpitude; 
(2) he is an undischarged insolvent; 
(3) he has been adjudged by a competent court to be 
of unsound mind; 
(4) he is an employee of the Council; 
Power of 
State 
Govern-
ment to 
nominate 
members 
in certain circums-
tances. 
Disquali 
fication 
for noni 
nation 
or 
election 
4 	 The West Bengal Homoeopathic System, of 
Medicine Act, 1963. 
[West Ben. Act 
Publica-
tion 
of names 
of 
members. 
Cessation 
of member-
ship , 
Filling of 
casual 
vacancies. 
Term of 
office of 
members. 
(Sections 8-11.) 
(5) he has directly or indirectly any share or interest 
in any contract with, by or on behalf of the 
Council; 
(6) he has been dismissed from the service of the 
Central. Government or a State Government or a 
local authority on a charge of gross misconduct 
or an offence involving moral turpitude; 
(7) he is a person under the age of 25. 
8. The name of every member nominated or elected 
under section 5 or section 6 shall be published by the State 
Government in the Official Gazette. 
9. A person shall cease to be a member of the Council— 
(1) if, without obtaining the permission of the Council, 
he is absent from three consecutive meetings of 
the Council ; or 
(2) if having been nominated or elected as a registered 
Homoeopathic practitioner he ceases to be such 
a registered practitioner; or 
(3) if he becomes subject to any of the disqualifications 
referred to in section 7. 
10. (1) If any member dies or resigns his office or ceases 
to be a member for any other reason the vacancy shall be filled 
up within six months by a fresh nomination or election under 
section 5 or section 6, as the case may be, and the member 
so nominated or elected shall hold office for the unexpired 
period of the term of office of the member whose place he 
fills. 
(2) If any member referred to in clauses (b), (c), (d), (e) 
or (f) of sub-section (1) of section 5 is nominated President 
under the proviso to clause (a) of that sub-section, there 
shall be a vacancy in that membership which shall be filled 
up under sub-section (1). 
11. (1) Subject to the provisions of section 10, the term 
of office of the members nominated or elected under section 
5 or section 6 shall be for four years commencing from the 
date of the first meeting of the Council after its first 
constitution or any subsequent periodical reconstitution, as 
the case may be. 
(2) The term of four years referred to in sub-section (1) 
shall be held to include any period which may elapse between 
the expiry of the said period of four years and the date of 
the first meeting of the Council following its reconstitution 
at wuicn a quorum is present. 
The West Bengal Homoeopathid System of 	 5 
Medicine Act, 1963. 
XXXIII of 1963.] 
(Sections 12-15.) 
12. The President, the Vice-President or a member may Resigna-
resign his office by writing under his hand addressed to the Hon. 
State Government, of which lie shall send a copy to the 
Council. 
13. (1) The President shall hold office for the period 
mentioned in section 11 er until his successor is nominated, 
whichever is longer. 
(2) If the President dies or resigns his office or ceases to 
hold office, the State Government shall nominate another 
person as President and such President shall hold office for 
the unexpired portion of the term of office of the previous 
President in whose place he is nominated. 
(3) In the event of the occurrence of any vacancy in the 
office of the President under sub-section (2), the Vice-
President shall discharge the functions of the President 
until a new President is nominated. 
(4) When the President is unable to discharge his 
functions owing to absence, illness or any other cause, the 
Vice-President shall discharge his functions until the date 
on which the President resumes his duties. 
14. (1) The members of the Council shall, at the first 
meeting after every periodical reconstitution, elect a Vice-
President from among themselves in such manner as may 
be prescribed. 
(2) The Vice-President shall hold office for the period 
mentioned in section 11: 
Provided that a Vice-President shall cease to hold office 
if he ceases to be a member of the Council. 
(3) If the Vice-President dies or resigns his office or 
ceases to hold office, the members of the Council shall elect, 
from among 'themselves, another Vice-President in such 
manner as may be prescribed and such Vice-President shall 
hold office for the unexpired portion of the term of office of 
the previous Vice-President whose office he fills. 
15. (1) The members of the Council shall constitute 
from among themselves, an Executive Committee to 
perform such functions, discharge such duties and exercise 
such powers as may be delegated to it by the Council. 
(2) The Executive Committee shall consist of the 
President and the Vice-President, ex-offioio,, and five other 
members elected by the members of the Council in the 
prescribed manner from among themselves. 
The Presio 
dent. 
The Vice. 
President. 
Executive 
Committee. 
6 	 The West Bengal HoraoeopathAic System of 
Medicine Act, 1963. 
[West Ben. Act 
(Sections 16-18.) 
(3) The President and the Vice-President of the Council 
shall be the President and the Vice-President, respectively, 
of the Executive Committee. 
(4) The term of office of an elected member of the 
Executive Committee shall be two years from the date of 
his election, but, subject to his being a member of the 
Council, he shall be eligible for re-election to the Executive 
Committee. 
(5) No business shall be transacted at any meetinc ,  of the 
Executive Committee unless a quorum of three members be 
present. 
(6) The Council may also, subject to the approval of the 
State Government, from time to time appoint one or more 
Committees consisting of members of the Council or outsiders 
or both, on such terms as may be approved by the State 
.Government, for the purpose of advising it on such matters 
as it deems necessary and may appoint a Chairman for any 
such Committee who shall convene and preside over the 
meetings of the Committee. 
Meetings. 
Expenses 
to be 
paid to 
members 
and other 
persons. 
Powers of 
the 
Council. 
16. (1) The Council shall hold its meetings at such 
intervals and at such places as may be provided for by 
regulations. 
(2) No business shall be transacted at any meeting of the 
Council unless a quorum of seven members be present. 
(3) Save as provided in clause (b) of sub-section (2) of 
section 24, all questions arising at any meeting shall be 
decided by votes of the majority of the members present and 
voting and in case of an equality of votes by the casting vote 
of the President or, in his absence, of the member presiding 
at the meeting. 
17. The Council shall pay to its President, Vice-
President and members and other persons appointed by it to 
any Committee referred to in sub-section (6) of section 15, 
such fees for attending at meetings of the. Council, of the 
Executive Committee or of such Committee and such 
travelling expenses for journeys undertaken in the perform-
ance of duties as may be prescribed. 
18. The Council shall have the following powers, 
namely :— 
(1) with the approval of the State Government, to 
establish institutions teaching the Homoeopathic 
system of medicine and to grant or refuse 
affiliation to such institutions or to withdraw, 
after giving the authority of an institution an 
opportunity to show cause against the action 
proposed to be taken, such affiliation: 
The West Benal homoeopathic System. of 	 7 Medicine Act, 1963. 
XXXIII of 1908.] 
ill 
(Section 18.) 
(2) to call on the authority of an institution affiliated to 
the Council, or of an institution applying for 
affiliation, to furnish within such period as may 
be specified, such reports, returns or other informa- 
tion as the Council may require to judge the 
efficiency of the institution; 
hold examinations for persons who shall have 
pursued a course of study in institutions affiliated 
to the Council, and to confer degrees, diplomas 
and certificates on them on having passed the 
necessary examinations; 
(4) to provide by regulations courses of study for 
different examinations held by the Council; 
(5) to provide for instruction or for refresher courses in 
such branches of medical science as would be 
useful to persons studying the Homoeopathic 
system of medicine; 
(6) to appoint examiners and to fix their remuneration 
and to publish the results of the examinations held by it; 
(7) to grant scholarships, prizes and medals to students 
of institutions affiliated to the Council who are 
meritorious, or stipends to students who are poor and deserving ' • and with the sanction of the State 
Government, to grant to students scholarships for 
research or special study in any institution that 
the Council may think fit, whether in India or 
abroad and to endow chairs of Homoeopathic 
s_ystcm of medicine in institutions affiliated to the Gouncil; 
(8) to confer honorary degrees on Homoeopathic practi-
tioners of extraordinary merit ; 
(9) to collect prescribed fees or charges for admission to 
the examinations held by the Council and for 
certificates, diplomas or degrees granted or con-ferred by it; 
(10) to exercise general supervision over the residential 
and disciplinary arrangements made by the 
institutions affiliated to the Council and arrange-
ments for promoting the health and general 
welfare of the students of such institutions; 
(11) to recommend to the state Government the sanction 
of a grant to an affiliated institution teaching the 
Homoeopathic system of medicine or the with-
drawal or suspension, after giving the institution 
concerned an opportunity of showing cause against 
the action proposed, of any such grant; 
(3) to 
8 	 The West Bengal Homoeopathic! System of 
Medicine Act, 1963. 
[West Ben. Act 
Registrar 
and 
staff. 
Registra-
tion of 
Homoeo-
pathic 
practi-
tioners. 
(Sections 19 ,20 . ) 
(12) to appoint such number of inspectors for the 
inspection of institutions teaching the Homoeo-
pathic system of medicine as the Council may 
deem fit on such terms as the Council may, 
with the previous sanction of the State Govern-
ment, determine; 
(13) to receive grants, donations, gifts and endowments; 
(14) to incur such expenditure, to adopt such measures 
and to do such acts as may be necessary for the 
furtherance of the objects mentioned in this 
section; 
(15) to advise the State Government in the matter of 
research in Homoeopathic system of medicine; 
(16) to perform such other functions as the State 
Government may direct or, on the recommenda-
tion of the Council, approve for carrying out the 
provisions of this Act. 
19. (1) The Council shall, with the previous approval of 
the State Government, appoint a Registrar. The Registrar 
shall receive such salary and allowances as may be prescribed. 
The Council may from time to time grant him leave and may 
appoint a person to act in his place. Any person duly 
appointed to act as Registrar shall be deemed to be the 
Registrar for all purposes of this Act. 
(2) The Council may, by order, suspend, punish, remove 
or dismiss the Registrar from office: 
Provided that any such order of the Council shall be 
subject to appeal to the State Government. 
(3) The Council may appoint such other officers and 
servants as it deems necessary : 
Provided that the number and designation of such officers 
and servants and their salaries and allowances shall be subject 
to the previous approval of the State Government. 
(4) The Registrar shall act as the Secretary to the Council 
and the Executive Committee. 
(5) The Registrar and all officers and servants appointed 
by the Council shall work under the direct control and super-
vision of the President or, in his absence, of the Vice-
President. 
20. (1) The Council shall maintain a Register of 
Homoeopathic practitioners in two Parts, A and B, in such 
form as may be prescribed. 
(2) The Registrar shall from time to time make necessary 
entries in the Register in respect of the persons whose names 
are to be registered, their qualifications and their addresses 
and may also from time to time make such alterations or 
modifications as may be required in consequence of any orders 
passed by the Council or otherwise. 
The West Bengal Homoeopathic System of 	 9 
Medicine Act, 1963. 
XXXIII of 1963.] 
(Sections 21-23.) 
21. (1) Every person who possesses any qualification Persons
mentioned in paragraphs 1, 2 or 3 of the Schedule shall, etontibteled 
subject to the provisions of this Act, and on payment of registerf4. 
such fee, as may be prescribed, be entitled to have his 
name entered in Part A of the Register. 
(2) Every person who possesses any qualification men-
tioned in paragraph 4 or 5 of the Schedule shall, - subject 
to the provisions of this Act ., and on payment of such fee 
as may be prescribed, be entitled to have his name entered 
in Part B of the Register : 
Provided that a person who possesses a qualification 
mentioned in paragraph 4 of the Schedule shall have passed 
an examination to be held by the Council in the manner 
provided by regulation upon an application for registra-
tion of his name to be made within a period of two years 
from the date of commencement of this Act. 
(3) Notwithstanding anything contained in sub-sections 
(1) and (2), every person, whose name has been registered by 
the General Council and State Faculty of Homoeopathic 
Medicine, West Bengal, shall be deemed to have been regis-
tered under the provisions of this Act and his name shall be 
entered in the Register. If such person possesses any 
qualification mentioned in paragraphs 1, 2 or 3 of the 
Schedule his name shall be entered in Part A of the 
Register; in any other case, his name shall be entered in 
Part B of the Register. 
22. The State Government may, by order published in Power to 
the Official Gazette, add to. amend, or alter the Schedule . 	 Schedule. amend the 
23. (1) Every person who desires to have his name 
entered in the Register shall submit to the Registrar an 
application in the prescribed form stating : — 
(a) particulars of his qualifications, 
(b) the period for which he has been in practice, and 
(c) his address which is to be his registered address. 
(2) Every application shall be accompanied by the 
prescribed fee and such proof as may be available or necessary 
in support of the qualifications stated in the application. 
Informa-
tion 
required 
of appli-
cant for 
registra-
tion. 
Power of 
the 
Council 
to refuse 
registra-
tion or to 
remove 
name 
from 
Register 
in certain 
Cases. 
10 	 The West Bengal Homoeopatkid System of 
Medicine Act, 1963. 
[West Ben. Act 
(Sections 24-26.) 
24. (1) The Council may, on being satisfied that a 
person is qualified for registration under section 21 and has 
paid the prescribed fee, direct that his name be entered in 
Part A or Part B of the Register, as the case may be, and 
the Registrar shall thereupon matte necessary entries in the 
Register and grant him a certificate of registration. 
(2) The Council may refuse to permit the registration, or 
direct the removal from the Register, of the name of any 
person— 
(a) who has been convicted of any offence involving 
moral turpitude ; or 
who has been found guilty of infamous conduct in 
his professional capacity by a majority of at least 
two-thirds of the members of the Council after a 
due enquiry into his conduct at which he has had 
an opportunity of being heard in person or of 
being duly represented. 
(3) Any refusal or removal under sub-section (2) may be 
rescinded if the conduct on the basis of which refusal or 
removal was directed is condoned for good and sufficient 
reasons. 
25. (1) Every person whose name is entered in the 
Register shall, for the retention of his name in the Register, 
pay to the Council quinquennially such renewal fee and at 
such time as may be prescribed. 
(2) Where the renewal fee is not paid by the due date, 
the Registrar shall remove the name of the defaulter from 
the Register : 
Provided that a name so removed may be restored to the 
Register on such conditions as may be prescribed. 
(3) On payment of the renewal fee, the Registrar shall, 
in the prescribed manner, endorse the certificate of 
registration. 
26. (1) If any person whose name is entered, in Part B 
of the Register obtains any qualification mentioned -in 
paragraphs 1, 2 or 3 of the Schedule he shall be entitled, 
on payment of such fee as may be prescribed, to have his 
name transferred from Part B to Part A of the Register. 
(2) Tf any person whose name is entered in Part B of 
the Register has been a teacher in a Homoeopathic institu-
tion affiliated to the Council or a visiting physician 
in a hospital attached to such an institution from 
a date prior to the first day of January, 1961, or is, in the 
opinion of the Council, a Homoeopathic practitioner of 
special merit or eminence, the Council may, with the 
approval of the State Government, transfer his name from 
Part B to Part A of the Register. 
Renewal. 
Transfer of 
name from 
Part B to 
Part A of 
the 
Register. 
The West Bengal Romoeopathlici System, of 	 11 
Medicine Act, 1963. 
XXXill 01 1963.] 
(Sections 27-33.) 
27. If any person whose name is entered in the Register 
obtains any qualification mentioned in the Schedule other 
than the qualification in respect of which he has been regis-
tered, he shall, on payment of such fee as may be prescribed, 
be entitled to have such qualification entered against his 
name in the Register either in substitution for or in addition 
to any entry previously made and the Registrar shall add to 
or amend the entry accordingly. 
28. If any person is dissatisfied with any decision of the 
Registrar refusing to enter his qualification under section 27 
in the Register, he may, at any time within three months 
from the date of such decision, appeal to the Council in the 
prescribed manner and the decision of the Council shall be final. 
29. Any entry in the Register, which is proved to the 
satisfaction of the Council to have been fraudulently or in-
correctly made, may be cancelled under an order in writing 
Of the Council. 
30. An appeal shall lie to the State Government against 
any decision or order of the Council refusing to enter a 
person's name in Part A or Part B of the Register or to 
transfer his name 'from Part B to Part A of the Register or 
removing his name from the Register, if filed within three 
months of the date of decision or order and the decision of 
the State Government shall be final. 
31., The Council may, on receipt of reliable informa-
tion regarding the death of a person whose name is entered 
in the Registerer, and on making such enquiry as it may 
think fit, direct the removal of his name from the Register 
and thereupon the Registrar shall cancel the entry relating 
to such person. 
Entry of 
additional 
qualifica-
tion. 
Appeal 
to the 
Council 
from 
decision 
of the 
Registrar. 
Cancella-
tion of 
fraudulent 
and 
incorrect 
entries. 
Appeal to 
State 
Govern-
ment 
from 
decision 
of the 
Council. 
Notice of 
death and 
removal 
of name 
from 
Register. 
32. If any person whose name is not entered in the Penalty on 
Register falsely pretends that it is so entered or uses in unregis-
connection with his name, any words or letters representing tered 
that his name is so entered, he shall, whether any person is rpeepr  rs  sne n t actually deceived by such representation or not, be punishable ing that 
on conviction by a Presidency Magistrate or a Magistrate of he is 
the First Class, with imprisonment which may extend to six registered. 
months or with fine which may extend to five hundred 
rupees. 
33. (1) If any person whose name has been removed 
from the Register under sub-section (2) of section 24 of 
sub-section (2) df section 25, fails, without sufficient' cause, 
forthwith to surrender his certificate of registration, he shall 
be punishable with fine which may extend to fifty rupees. 
(2) Cognizance of an offence punishable under this section 
shall not be taken except upon complaint made by an order of the Council. 
Penalty 
for 
failure to 
surrender 
oertificate 
of regis-
tration. 
12 	 The West Bengal Homoeopathid System of 
Medicine Act, 1963. 
[West Ben. Act 
Prohibition 
of un-
authorised 
conferment 
of 
degrees, 
etc., and 
penalty for 
such con-
ferment. 
Penalty 
for 
improper 
assump-
tion of 
Homoeo-
pathic 
qualifica-
tions. 
Publica-
tion and 
use of 
registra-
tion list. 
(Sections 34-36.) 
34. (1) No person, association or institution other than 
the Council shall confer, grant or issue, or hold himself 
or itself out as entitled to confer, grant or issue, any 
degree, diploma, licence, certificate or any other document 
stating or implying that the holder, grantee or recipient 
thereof is qualified to practise the Homoeopathic system of 
medicine. 
(2) Any contravention of the provisions of sub-section 
(1) shall be punishable with imprisonment which may 
extend to one year or with fine which may extend to one 
ithousand rupees, or with both; and if an association or 
institution is guilty of such contravention, every member 
thereof who knowingly or wilfully authayises or permits 
the contravention, shall be punishable with imprisonment 
which may extend to one year or with fine which may 
extend to one thousand rupees, or with both. 
35. (1) No person shall use any letters or figures after his 
name indicating or implying that he possesses any degree, 
diploma, licence, or certificate as a Homoeopathic practi-
tioner unless such degree, diploma, licence or certificate has 
been conferred by the Council, or is recognised by it with 
the approval df the State Government. 
(2) Whoever contravenes the provisions of sub-section (1) 
shall be punishable on first conviction with fine which may 
extend to two hundred rupees, and on any subsequent con-
viction with fine which may extend to five hundred rupees. 
36. (1) The Registrar shall, from time to time as 
occasion may require, on or before the date to be fixed in 
this behalf by the Council, cause to be printed and published 
(provided that at least twelve months shall have elapsed 
from the date of the last publication) a correct list of the 
names for the time being entered in the Register under each 
of the two Parts, A and B, setting forth therein— 
(a) names of all registered Homoeopathic practitioners 
arranged in alphabetical order according to 
surname ; 
(b) the registered address of each such person ; and 
(c) the registered qualifications of each such person and 
the date on which each qualification was obtained. 
(2) The Registrar shall, from time to time as occasion 
arises, cause to be printed and published a list supplementary 
thereto, containing additions and alterations in the Register 
since the publication of the list under sub-section (1). 
The West Bengal Homoeopathic System. of 	 13 
Medicine Act, 1963. 
XXXIII of 1963.1 
(Sections 37, 38.) 
(3) Every court shall presume that any person whose 
name is entered in the latest list printed and published under sub-section (1) read with the latest list supplementary thereto, 
if any, printed and published under sub-section (2) is duly registered under this Act, and that any person whose name 
is not so entered is not registered under this Act : 
Provided that, in the case of any person whose name does 
not appear in the latest list printed and published under sub-section (1) read with the latest list supplementary thereto, 
if any, printed and published under sub-section (2), a certi-fied 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. 
37. A registered Homoeopathic practitioner shall be entitled— 
(a) to grant a death certificate required by any law or 
rule to be signed or authenticated by a duly 
qualified medical practitioner or medical officer ; 
(ti) to grant a medical or physical fitness certificate 
required by any law or rule to be signed or 
authenticated by a duly qualified medical 
practitioner or medical officer ; 
(c) to give evidence at any inquest or in any court of 
I of 	 law as an expert under -  section 45 of the Indian 1872. 	 Evidence Act, 1872. 
38. Except with the special sanction of the State Govern-
ment; no Homoeopathic practitioner other than a registered 
Homoeopathic practitioner whose name is entered in Part A 
of the Register shall be competent to hold any appointment 
as a physician, medical officer or teacher, in any Homoeopathic 
hospital, asylum, infirmary, dispensary, or lying-in-hospital, 
which is supported wholly or partially by grants made by 
the State Government, the Council, or a local authority, 
or in .any Homoeopathic educational institution which is so 
supported or which is affiliated under clause (1) of section 18 : 
Provided that a registered Homoeopathic practitioner 
whose name is entered in Part B of the Register shall be competent to hold any such appointment if he has held any 
such appointment from a date prior to the. first day of January 1961. 
Certain 
privileges 
of 
registered 
Homoeo-
pathi c 
practi-
tioners. 
Homoeo-
pathic 
practi-
tioners 
other than 
those regis-
tered under 
Part A of 
the 
Register 
not eligible 
for certain 
appoint-
ments. 
Control of 
manufac-
ture, stor-
age and 
sale of 
Homoeo-
pathic 
drugs. 
Bar 
of suit 
or other 
legal 
proceed-
ings. 
14 	 The West Bengal Hontoeopathio System of 
Medicine Act, 1963. 
[West Ben. Act 
(Section$ 39 	 43.) 
39. Subject to the provisions of any law for the time 
being in force relating to drugs and poisons, the State 
Government 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 be prescribed. 
40. No suit, prosecution or other legal proceedings shall 
lie in respect of any act or thing done or omitted to be done 
in the exercise or purported exercise of any power conferred 
by or under this Act on the State Government or the Council 
or the Executive Committee or any Committee appointed by 
the Council or on the Registrar. 
Validation. 	 41. No act or thing done by the Council, the Executive 
Committee or a Committee appointed by the Council shall 
be invalid merely on the ground of any vacancy in or defect 
in its composition. 
Finance, 	 42. (1) All fees payable and prescribed under this Act 
Audit and shall be paid to the Council. 
Budget. 	 (2) An account of all assets and liabilities of the Council 
and of all fees, sums, grants, donations, gifts and endow-
ments received by it and of all expenses and disbursements 
incurred or made by it shall be maintained in the prescribed 
manner'. 
(3) The account shall be audited annually in such manner 
and by such officer or authority as may be prescribed. A 
copy of the audit report shall be submitted -to the State 
Government by the Council. 
(4) The Council shall prepare in the prescribed manner 
a budget for every financial year showing the probable 
receipt and expenditure, which shall be submitted to the 
State Government for approval. 
Rules. 43. (1) The State Government may from time to time 
make rules for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality 
If the foregoing power, such rules may provide for all or any 
if the following matters, namely :— 
(i) the election of members of the Council, members of 
the Executive Committee and the Vice-President ; 
(ii) the functions to be performed by the President and 
the Vice-President; 
(iii) the fees payable under this Act; 
(iv) the expenses to be paid under section 17 ; 
(v) the salary and allowances to be paid to the 
Registrar ; 
The West Bengal H.omoeopathd System of 	 15 
Medicine Act, 1963. 
XXXII! of 1963.] 
(Sections 44 16.) 
(vi) the conditions for the grant of licences under 
section 39 ; 
(vii) the manner in which the account referred to in sub-
section (2) of section 42 shall be maintained; 
(viii) the procedure to be followed by the Council in— 
(a) conducting an enquiry under clause (b) of sub-section (2) of section 24, 
(b) disposing of appeals from the decision of the 
Registrar preferred under section 28; 
(ix) any other matter which may be or is required to be 
prescribed under this Act. 
44. (1) The Council may, with the previous approval of 
the State Government, make regulations, not inconsistent 
with this Act or the rules made thereunder, for discharging 
its functions under this Act. 
(2) In particular, and without prejudice to the generality 
of the foregoing power, such regulations may provide for all 
or any of the following matters, namely :— 
(i) the conduct of business of the Executive Committee 
and of Committees appointed, by the Council ; 
(ii) the time and place at which each meeting shall be 
held; 
(iii) the issue of notices convening such meeting; 
(iv) the conduct of business thereat; 
(v) the conditions of appointment and service and the 
scales of pay and allowances of all the officers and 
servants appointed by the Council; 
(vi) any matter for which power to make regulations is 
conferred expressly or by implication on the 
Council by this Act. 
45. All rules and regulations shall be published in the Publica. Official Gazette. 	 tion of 
rules and 
regula-
tions. 
46. If, at any time, it appears to the State Government Control 
that the Council has failed to exercise or has exceeded or over the 
abused a power conferred upon it by or under this Act or has Council 
by State failed to perform a duty imposed upon it by this Act, 
State Government may, if it considers such failure, excess the Goverm 
meat. or abuse to be of a serious character, after giving the Council 
an opportunity of being heard, notify the particulars thereof 
to the Council and if the Council 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 dis-
solve the Council and cause all or any of the powers and 
duties of the Council to be exercised and performed by such 
agency and for such period as it may think fit. 
Regula-
tions. 
16 	 The West Bengal Homoeopathic' ,  System of 
Medicine Act, 1963. 
[West Ben. Act XXXII I of 1963. 
THE SCHEDULE 
Qualifications enabling a person to have his name entered 
in the Register Of Homoeopathic practitioners. 
(See section 21.) 
1. Any degree or diploma or certificate conferred or 
granted on passing the final examination held by the 
General Council and State Faculty of Homoeopathic 
Medicine, West Bengal, or by the Council. 
2. Any other degree or diploma or certificate conferred 
or granted by the Council which is declared by the Council 
with the approval of the State Government to be a suffi-
cient qualification for registration as a Homoeopathic 
practitioner. 
3. Any degree or diploma or certificate conferred or 
granted by any institution or authority within or outside 
the State: 
Provided that such degree or diploma or certificate has 
been recognised by the General Council and State Faculty 
of Homoeopathic Medicine, West Bengal, or is recognised 
by the Council, with the approval of the State Government, 
as a sufficient qualification for registration as a Homoeo-
pathic practitioner. 
4. Regular practice of the Homoeopathic system of 
medicine for a period of not less than three years 
immediately before the date of commencement of this Act, 
subject to passing the examination mentioned in the proviso 
to sub-section (2) of section 21. 
5. Any qualification other than a qualification men-
tioned in paragraphs 1, 2 or 3 by reason of which a person 
has been registered as a Homoeopathic practitioner by any 
Board or Council of Homoeopathic Medicine established by 
any other State Government within the Indian Union : 
Provided that a scheme of reciprocity for purposes of 
registration has been adopted by the Council with the 
approval of the State Government. 
WBGP-64J5-567A-5M 

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