The West Bengal State Homoeopathic Health Service Act, 2002

Registered No. WB/SC-247 	 No. WB(Part-III)/2002/SAR-20 
otkata agtte 
RTC1144 \TI. " 
Extraordinary 
Published by Authority 
SRAVANA 101 	
THURSDAY, AUGUST 1, 2002 	 [SAKA 1924 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1251-L.—lst August, 2002.—The following Act of the West Bengal Legislature, having been assented 
to by the Governor, is hereby published for general information:— 
West Bengal Act X of 2002 
THE WEST BENGAL STATE HOMOEOPATHIC HEALTH 
SERVICE ACT, 2002. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 1st August, 2002.] 
An Act to provide for the regulation of the recruitment, and conditions of service of 
persons appointed, to the State Homoeopathic Health Service. 
WHEREAS it is expedient, in the public interest, to regulate the recruitment, and 
the conditions of service of persons appointed, to the State Homoeopathic Health 
Service; 
It is hereby enacted in the Fifty-third Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 	 [PART III 
The West Bengal State Homoeopathic Health Service 
Act, 2002. 
(Sections 1-6.) 
Short title and 
commencement. 
Definitions. 
Constitution of 
State 
Homoeopathic 
Health Service. 
Transfer from one 
service to another. 
Combination of 
appointment. 
Homoeopathic 
Medical Colleges 
to be non-
practising 
institutions. 
1. (1) This Act may be called the West Bengal State Homoeopathic Health 
Service Act, 2002. 
(2) It shall come into force on such date as the State Government may, by 
notification, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "cadre" has the same meaning as in clause (a) of section 2 of the West 
Bengal State Health Service Act, 1990; 
(b) "notification" means a notification published in the Official Gazette; 
(c) "prescribed" means prescribed by rules made under this Act; 
(d) "service" means the State Homoeopathic Health Service; 
(e) "State Homoeopathic Health Service" means the West Bengal 
Homoeopathic Education Service, or the West Bengal Homoeopathic 
Health Service, as constituted under section 3. 
3. With effect from such date as the State Government may, by notification, 
appoint in this behalf, there shall be constituted the following State Homoeo-
pathic Health Service and different dates may be appointed for different Service, 
namely:— 
(1) the West Bengal Homoeopathic Education Service; 
(2) the West Bengal Homoeopathic Health Service. 
4. (1) No person appointed to the West Bengal Homoeopathic Education 
Service shall be transferred to the West Bengal Homoeopathic Health Service: 
Provided that any person holding a teaching post in the basic level in the West 
Bengal Homoeopathic Education Service may exercise an option for the West 
Bengal Homoeopathic Health Service on such terms and conditions as may be 
prescribed. 
(2) No person appointed to the West Bengal Homoeopathic Health Service 
shall be transferred to the West Bengal Homoeopathic Education Service. 
(3) Any person appointed in the administrative job having the minimum 
qualification as prescribed for the posts of the West Bengal Homoeopathic Health 
Service shall be included in the said service cadre. 
(4) Subject to the foregoing provisions of this section and the rules made thereunder, 
the State Government shall have the right to transfer any person from one post to 
another post within the same cadre: 
Provided that except on account of inefficiency or misbehaviour or on his written 
request, no person shall be transferred to a post carrying less pay than the pay of the 
post held by him for the time being. 
5. Subject to the provisions of this Act, the State Government may appoint any 
person to hold two or more separate posts in the same cadre as and when necessary 
on such terms and conditions as may be prescribed. 
6. (1) The State Government may, by notification, declare any under-
graduate or post-graduate Homoeopathic Medical College or other homoeopathic 
teaching institution together with the Hospital, if any, attached to such Homoeo-
pathic Medical College or homoeopathic teaching institution to be a non-practising 
institution with effect from such date as may be specified in the notification. 
West Ben. Act VII 
of 1990. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 	 3 
The West Bengal State Homoeopathic Health Service 
Act, 2002. 
(Sections 7-10.) 
(2) Upon such declaration, no person, holding any post on terms and conditions 
for practice in such Homoeopathic Medical College or other homoeopathic teaching 
institution or the Hospital attached thereto, shall be allowed to hold such post on terms 
and conditions for practice: 
Provided that any person holding a non-teaching post in such Homoeopathic 
Medical College or other homoeopathic institution or the Hospital attached thereto 
on terms and conditions for practice may exercise an option for practice or non-practice 
without any change of post or designation within a period of ninety days from the 
date of coming into force of this Act or within such extended period as the State 
Government may by notification specify: 
Provided further that any such person who exercises option for non-practice shall 
be allowed time, not exceeding six months from the date of exercise of such option, 
for winding up practice: 
Provided also that if any such person does not exercise any option or exercises 
option for practice, he shall, within a period of one year from the date of coming 
into force of this Act, be transferred to a post in any other Hospital on terms and 
conditions for practice. 
Cadre of West 
Bengal 
Homoeopathic 
Education 
Service. 
Persons appointed 
in West Bengal 
General Service as 
Homoeopathic 
Medical Officers 
be included in the 
West Bengal 
Homoeopathic 
Health Service. 
7. The cAre of the West Bengal Homoeopathic Education Service shall consist 
of such teachil 7, posts on such pattern and on such terms and conditions as may be 
prescribed following the guidelines of the Central Council of Homoeopathy as contained 
in the Homoeopathy (Minimum Standards of Education) Regulations, 1983 and shall 
include such teaching administrative posts as may be notified by the State Government 
in this behalf: 
Provided that such terms and conditions may include the condition of manage-
ment and supervision of admission to beds, and treatment, of patients in such 
undergraduate or post-graduate Homoeopathic Medical College or other homoeopathic 
teaching institution together with the Hospital, if any, attached to such Homoeo-
pathic Medical College or institution by such persons appointed to the West Bengal 
Homoeopathic Education Service or appointed on such terms and conditions as the 
State Government may determine, excluding all other pesons appointed to the West 
Bengal Homoeopathic Health Service: 
Provided further that notwithstanding anything contained elsewhere in this Act, 
any person holding a teaching administrative post included in the cadre of the West 
Bengal Homoeopathic Education Service shall be deemed to be a person holding a 
teaching post in the West Bengal Homoeopathic Education Service. 
8. The cadre of the West Bengal Homoeopathic Health Service shall consist 
of such non-teaching posts as may be prescribed. 
9. (1) The posts included in the cadre of the West Bengal Homoeopathic 
Education Service shall be non-practising. 
(2) Any person appointed to a post included in the cadre of the West Bengal 
Homoeopathic Education Service may be granted such non-practising allowance as 
may be prescribed. 
10. Any person of the West Bengal General Service appointed to the post of 
Homoeopathic Medical Officer, including those who are in Administrative posts, other 
than a post included in the cadre of the West Bengal Homoeopathic Education Service 
shall be included in the cadre of the West Bengal Homoeopathic Healtl Service. 
Cadre of \Vest 
Bengal 
Homoeopathic 
Health Service. 
Posts in cadre of 
West Bengal 
Homoeopathic 
Education Service 
to be non-
practising. 
-A 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 	 [PART III 
The West Bengal State Homoeopathic Health Service 
Act, 2002. 
(Sections 11-14.) 
11. A person working as the Homoeopathic Medical Officer prior to the 
commencement of the Act shall be included in the cadre of the West Bengal 
Homoeopathic Health Service and shall not be allowed to opt for the cadre of the 
West Bengal Homoeopathic Education Service. 
12. Any person who has held, or who holds, immediately before the coming into 
force of this Act, a teaching post, in the Homoeopathic Medical Colleges of the State 
Government, under the West Bengal General Service, on terms and conditions for 
practice or non-practice, may exercise an option for the West Bengal Homoeopathic 
Education Service or for the West Bengal Homoeopathic Health Service in such 
manner as may be prescribed and thereupon such person shall be appointed or shall 
be deemed to have been appointed, as the case may be, to a post included in the West 
Bengal Homoeopathic Education Service or in the West Bengal Homoeopathic Health 
Service, as the case may be: 
Provided that the Homoeopathic Medical Officers temporarily engaged to 
such teaching posts in the Homoeopathic Medical Colleges of the State Govern-
ment shall not be eligible for exercising the option for the West Bengal Homoeopathic 
Education Service: 
Provided further that a person exercising option for the West Bengal Homoeopathic 
Education Service and a person selected for appointment to the same service shall, 
upon appointment to a teaching post in the West Bengal Homoeopathic Education 
Service, be required to perform duties in a Hospital in addition to his duties as a 
Teacher of the discipline concerned having such designation as may be prescribed: 
Provided also that the persons holding teaching posts other than Homoeopathic 
Medical Officers immediately before the coming into force of this Act, who do not 
exercise any option under this section, shall be deemed to have exercised option for 
the West Bengal Homoeopathic Education Service. 
13. Notwithstanding anything contained in section 12, the persons holding teaching 
posts of any rank on terms and conditions for practice prior to coming into force of 
this Act, who do not exercise option for the West Bengal Homoeopathic Education 
Service but opt for the West Bengal Homoeopathic Health Service, may, on transfer 
from such posts, be appointed to the West Bengal Homoeopathic Health Service in 
phases within a period of one year from the date of coming into force of this Act. 
14. (1) Recruitment to all teaching posts in the West Bengal Homoeopathic 
Education Service shall be made through the Public Service Commission, West 
Bengal, in such manner as may be prescribed by the Central Council of Homoeopathy 
in its regulations under the Homoeopathy (Minimum Standards of Education) 
Regulations, 1983: 
Provided that a quota shall be fixed in such manner as may be prescribed for all 
categories of teaching posts, except the posts of Demonstrator and Principal in the 
West Bengal Homoeopathic Education Service, for being filled up by promotion of 
persons holding such teaching posts in the said Service: 
Provided further that the recruitment to the posts of Demonstrator in the West 
Bengal Homoeopathic Education Service shall be made only through the Public 
Service commission, West Bengal giving preference to persons who have rendered 
at least two years' service in the rural areas: 
Provided also that the recruitment to the post of Principal in the West Bengal 
Homoeopathic Education Service shall be made through the Public Service Commission, 
West Bengal, in such manner as may be prescribed: 
Homoeopathic 
Medical Officers 
included in 'West 
Bengal Homoeo-
pathic Health 
Service shall not 
opt for West 
Bengal Homoeo-
pathic Education 
Service. 
Status of persons 
holding teaching 
posts in the West 
Bengal General 
Service. 
Transfer of 
persons holding 
teaching posts but 
not opting for 
West Bengal 
Homoeopathic 
Education 
Service. 
Recruitment to 
State 
Homoeopathic 
Health Service. 
PART 1111 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 	 5 
The West Bengal State Homoeopathic Health Service 
Act, 2002. 
(Sections 15-18.) 
Provided also that any person appointed to the West Bengal Homoeopathic Health 
Service shall, subject to such terms and conditions as may be prescribed, be eligible 
to apply for any such posts: 
Provided also that the recruitment to the posts of Lecturer, Reader or Assistant 
Professor and Professor in the West Bengal Homoeopathic Education Service shall 
be made through the Public Service Commission, West Bengal, in such manner as 
may be prescribed. 
(2) Notwithstanding anything contained in the foregoing provisions of this section 
or elsewhere in this Act, promotion of persons holding teaching posts to the next higher 
rank, due on any date prior to the date of coming into force of this Act, may, if not 
made prior to the coming into force of this Act, be made at any time after the coming 
into force of this Act, other than in accordance with the provisions of this Act or the 
rules made thereunder. 
(3) Recruitment to all Basic Grade posts in the West Bengal Homoeopathic Health 
Service shall be made through the Public Service Commission, West Bengal, in such 
manner as may be prescribed. 
(4) Recruitment to all teaching administrative posts in the West Bengal Homeopathic 
Education Service shall be made through the Public Service Commission, West 
Bengal, in such manner as may be prescribed. 
(5) Recruitment to all administrative posts in the West Bengal Homoeopathic 
Health Service shall be made through the Public Service Commission, West Bengal, 
in such manner as may be prescribed. 
Scales of pay of 
persons appointed 
to the posts in the 
State 
Homoeopathic 
Health Service. 
Seniority of 
persons appointed 
to teaching posts 
in West Bengal 
Homoeopathic 
Education 
Service. 
15. All persons appointed to the West Bengal State Homoeopathic Health Service 
shall be subject to such control and discipline as may be prescribed. 
16. (1) The age of compulsory retirement of persons appointed to the West 
Bengal Homoeopathic Education Service shall be such as may be prescribed: 
Provided that no such person shall be retained in service on his attaining the age 
of sixty years: 
Provided further that any such person may be re-employed, on his attaining the 
age of superannuation or after he has attained such age, to a post in the West Bengal 
Homoeopathic Education Service, not inferior to a post held by such person immediately 
before his attaining the age of superannuation, on such terms and conditions as may 
be prescribed: 
Provided also that no such person shall be retained on such re-employment on his 
attaining the age of sixty-five years. 
(2) The age of compulsory retirement of persons appointed in West Bengal 
Homoeopathic Health Service shall be sixty years and after attaining that age no such 
person shall be retained in service. 
17. (1) The scales of pay of persons appointed to the teaching posts, or to the 
teaching administrative posts, in the West Bengal Homoeopathic Education Service 
shall be such as may be prescribed. 
(2) The scales of pay of persons appointed to the posts included in the cadre for 
the West Bengal Homoeopathic Health Service shall be such as may be prescribed. 
18. The seniority of persons appointed to the teaching posts in the West Bengal 
Homoeopathic Education Service and the inter se seniority between such persons shall 
be determined in such manner as may be prescribed. 
Control and 
discipline of 
persons appointed 
to State 
Homoeopathic 
Health Service. 
Age of retirement 
of persons 
appointed to State 
Homoeopathic 
Health Service. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2002 	 [PART III 
The West Bengal State Homoeopathic Health Service 
Act, 2002. 
(Sections 19-24.) 
Act not to apply in 
certain cases. 
Saving. 
Transitory 
provisions. 
Act to have 
overriding effect. 
Power to make 
rules. 
Power to remove 
difficulties. 
19. The provisions of this Act shall not apply to any person not absorbed, in 
pursuance of the Acts and the rules made thereunder for taking over of the management 
of the Homoeopathic Medical Colleges and Hospitals in West Bengal but was holding 
a teaching post, in any undergranduate Homoeopathic Medical College and Hospital 
or other teaching institution, or in any Hospital attached to such undergraduate 
Homoeopathic Medical College and Hospital or teaching institution, on terms and 
conditions as might be agreed upon by the State Government prior to the coming into 
force of this Act, and such person shall continue in such post on the same terms and 
conditions even after the coming into force of this Act. 
20. All rules, orders and notifications made or issued by the State Government 
under the proviso to article 309 of the Constitution of India or under any other law 
for the time being in force, applicable to the persons appointed prior to the introduction 
of this Act and continuing in force immediately before the coming into force of this 
Act, shall, after the coming into force of this Act, continue to be in force so far as 
such rules, orders or notifications are not inconsistent with the provisions of this Act 
until they are repealed or amended. 
21. Notwithstanding anything contained elsewhere in this Act, if the State 
Government is of opinion that it is necessary so to do in the public interest, it may, 
by order, elevate or promote any person holding a teaching post in the West Bengal 
Homoeopathic Education Service to a higher rank or may make recruitment to any 
taching post in the West Bengal Homoeopathic Education Service in such manner, 
and subject to such terms and conditions, as may be prescribed: 
Provided that no such order shall be made after the expiry of a period of three 
years from the date of coming into force of this Act. 
22. The provisions of this Act shall have effect notwithstanding anything contained 
in any other law for the time being in force or in any judgement, decree or order of 
any court, tribunal or other authority or in any instrument having effect by virtue of 
any law other than this Act or in any contract, custom or usage to the contrary. 
23. (1) The State Government may, by notification, make rules for carrying out 
the purposes of this Act. 
(2) Every rule made by the State Government under this Act shall be laid, as soon 
as may be after it is made, before the State Legislature, while it is in session, for a 
total period of thirty days which may be comprised in one session or in two or more 
successive sessions, and if, before the expiry of the session immediately following 
the session or the successive sessions aforesaid, the State Legislature agrees in making 
any modification in the rule or the State Legislature agrees that the rule should not 
be made, the rule shall thereafter have effect only in such modified form or be of no 
effect, as the case may be; so, however, that any such modification or annulment shall 
be without prejudice to the validity or anything previously done under that rule. 
24. If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may by order do anything not inconsistent with the provisions of this 
Act as may appear necessary or expedient for the purpose of removing the difficulty: 
Provided that no such order shall be made after the expiry of a period of three 
years from the date of coming into force of this Act. 
By order of the Governor, 
A. K. BHATTACHARYA, 
Secy. to the Govt. of West Bengal. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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