Haryana act 16 of 1965 : The PUNJAB HOMEOPATHIC PRACTITIONERS ACT 1965

1965 : Pb. Act 161 HOMOEOPATHIC PRACTITIONERS 379

THE PUNJAB HOMOEOPATHIC PRACTITIONERS ACT, 1965 [PUNJAB ACT NO. 16 OF 19651 ARRANGEMENT OF SECTIONS

PART l f r e l i t ) ~ i t ~ a ~

Sections

1. Short ti tie, exlenl and commence men^.

2. Dcfini~ions.

2A. Cons~ruclion or certain referencas in their application. PART

Establisl~r~~enr. Consrirution o ~ l d lncorporatiorl o~Corrrrci1 nrr d Rcgisira~ion of Pracritioners

3. Establishment. constitution and incorporation of Council. 4. Election of members.

5. Nominal ion of members in defaul~ of eleclion 6 Termofoffice. 7. Vacancies. 8 Resignation.

9. Disabilities for continuing as member. 10. Disqualification. 1 I. Vacancies, etc., not ro invalidarc proccedings ofCounci1. 12 Time and place of mecungs of Council. 13. Procedure at meetings of Council. 14. Registrar.

"1Srrar- 15. Dutics of thc Re,'

16. Registration.

16A. Renewal of Rcgistralinn.

17. Appcal ro the Council from the decision of the Regls\rar and orher powers of the Council.

18. Qualified practilioners cerlihcates. 19. at ice bf death. 20. Inspeclion of Insdrutions. 21. Qualifying examinations. ZL Rcmoval of inslitulion authorized to hold qualifying examinations. 23. Exemprion from serving on inquests. 24. Allowances payable ro members.

?5. Fees received by the Council.

26. Publication of list of practitioners.

380 HOMOEOPATHIC PRACTITIONERS 11965, : Pb. Act 16

27. Control of Shte Government. 28. Prohibition to pracrice of persons not regis~cred.

2.9. False assurriprion of degrces, etc. to be an offence. X). Penalty. 31. Conierring, granting or issuing degrees, diplomas. elc.. by unauthoristd person

or institution.

32. Coun compelen1 ro try offences under h i s Act and cvngnizance of offences. 33. Powcr to amend Schedule I.

YAK'I' UI Disprites regnrdil ig Elecriotls

3. DeGni~ions.

35. Election peliilons.

36. Presentation of petitions. 37. Conlenrs of petition. 38. Procedure on receiving election perilion. 39. Powcr tn withdraw and transfer petirions.

40. Procedure before [he prescrikd authodry. 41. Appearance beforc prescribed authority. 42. Powers of the prescribed authority. . 43. Documenrary evidence. 44. Secrecy of voting not to be infndged. 45. Answering or criminating questions and certificate of indemnity. 46. Expenses of wirhesses.

47. Decision of the prescribed authoriry. 48. Grounds for setring, aside election. 49. Abalement of elecrioo pctilians.

50. Costs and payment thereof out uf secur i ,~ deposirs and relurn of such deposits. 51. Execution of orders as to costs. 52. Corrupt practices entailing disquaIifi~ahon.

PART IV

53. Rules.

54. Reguladons.

55. Rules md regulations 10 be laid beforc Sratc Legislature. Vahdation.

SCHEDW I SCHEDULE I1

1965 : Pb. Act 161 HOMOEOPATH~C PRACTITIONERS 381

'THE PUNJAB HOMOEOPATHIC PRACTITIOXERS ACT, 1965

(PUNJAB ACT No. 16 OF 1965) [Received !he as.~.rrtlr of rhe Preside111 of It~diu on the 1Stlt Jzttle, 1962 mid

firsrp~rhlisJled for general irflorn~urioti ill die Pirr Gab G o v e m n ~ ~ a Gaze Tte (Eximordi~la~), LqisJ f r r iv~

S~lpple~rtenr, Par? Iof 3u11e 25,1965.1

1 I I

Ymr No. I Shori~itle I Whether repeslcd or olherwlsc affected

1 . (I~Tt.lisActmaybecdledthePunjabHomoeopathicPractitioners Shon~itle~ Act. 1965. extent and

- - - . . -. . -. . - - . . . -. . . . I. For Swlcmcm of Ohjcct and Rcasons. we Punjab Government Gazcac (Ex~mordinary).

1964.pagc 158. 2. Sec Governmcnl of India, Minisby oCHomc Affairs, S.O. 1301, daicd thc 28rh March.

1969. (Extraordinary), page 443. 3- For Stdement of Ohjcc~s and Rezsons see Ha-yana Govemmtn~ Gaxeur: (Exlnordinwy).

1972, pagc 432. 4. For Staternem olObjccrs andReawns, scc Haryana Govermncnt G.uerre (Exmordinary).

1974. page 1596. 5. For Stalemcnl ci Objcckand Reasons. we HaqanaGovcmmcnt Gaze~tc (Ex~aordinuy)

datcd thc 25-6- 1976, page 1484. -

6. For Sraremcn~ of Objccls and Reasons, sce Haryana Govcmmen~ Gmne (Exmord~nq) dalcd ~ h c 21 -3-1 988, page 388.

7. For Sratcmcnl o i Objrcls md Reaons. see Haqma Govcmmenr Gnctrc (Extraordinary) dated the 8-9-1989,page 1741.

AN ACT

tc regulate the qualifications and to provide for the rcgistr-t' ton of practitioners of the Homoeopathic System of Medicine in the

' State of Punjab Be i t enacted by the Legslamre of the State of P u n jab in the Sixteenth

Year of the Republic of lndia as follows :- PART I

Preliminary

16 The Punjab Homoco- palhic Practilioncrs Acl. 1965

by Igislation Amendcd hy the Council of Hornoevpathic Sysrem of Medicine, Punjab (Rccons[irurion and R-)O d33; 1x91 Amended by Haryana Ac19 of 1972' Amended by Raryana Act 37 of 1974' Amended by Hsry~na .4c129 of 1376' Amended by Haynna Act 20 of 193S6 Amended by Wflyana Act I S of 19897

382 HOMOEOPATHIC PRACTITIONERS' [I965 : Pb. Act 16

' [ ( Z ) Itextends totheStateofPunjab,theStateofHarayna, the Union territory of Chandigarh and the tem torics transferred to the Union territory of Himnchd Pradesh under smtion 5 of the Punjab Reorganisation Act, 1966.1 1

(3) It shall comc into force on the 2[2Sth September, 19601

Definirions. 2. In this Act, unless the context otherwise requires,-- ( I ) "Chairman" means the Chairn~an of the Cou~~c i l ;

'[(2) "Council" mcans a Council of Homoeopathic System of Medicine, established and constituted under section 3 ; 1

-(3) "Homoeopathic System" means the Homoeopathic System of Medicine founded by Dr. Hahnemann, and includes thc allied system of Bio-Chemistry founded

. by Dr. Schussler and the expressions Homoeoparhic and Bio-chemic shall be construed accordj ngly ;

(4) "Inspector" means an Inspector appointed under sub- section ( I ) of section 20 ;

(5) !'member7' means a member of the Council and includes the Chairman ;

. - -

(6) "Practitioner" means a person who practices the Homoeopa thic System ;

(7) "Prescribed" means prescribed by rules or regulations -

made under this Act ;

(8) "qualifying examination" means the cxarnination held for the purpose of granting a degree, diploma or ceai ficate confemng the right of registration under this Act ;

(9) "Register" means the register of practitioners maintained under section I5 ;

(10) "registered practitioner" means a practitioner whose name is for the time being entcred in [he Register ;

1. Substiluld by Governmen1 of India S.0.1301 of Ihe28th March. 1969. Schedule (wirh effecl from Is1 April, 1969),- (Eiaawdiriary), page 403.

2 Insened vide Nouficanon No. G.SR, 227/P.A:17/65fS: 1166, dared 24th September. 1965.

1965 : Pb. Act 161 FIOWOEOPATHIC PRACTITIONERS 38 3

(12) "Regisrrar" means the Registrar rtppoi nted under section I4 ;

' (1 2) "regulations" means regulations made under this Act. 4-

I[2A. ( I ) In the application. of the Aci to the Union remtory Conslrucrion . Chandigarh or the transferred lerritories, any reference therein to the Srate cenain

Government shall be constructed as a referred to the Administrator of he '" rheir

Union territory of Chandigarh or the Administrator oft he Union Temtory applic.tion, HimachaI Pradesh'as the case may he. ,

(2) Section 55 shall not apply in relation to thc Union temtory of Chandigarh bur shall apply to the Stale of Haryana and the transferred territory with the modificarion that or rhe word "each House of the State Legislature" the words "the Legislative Assembly" and for [he words "both Houses agree" at both rhe places whcre they occur, the words "LegisIative Assembly agrees" shall be subsli tuted.]

PART II

1, Estoblishnratt, Constitution uud b~corporation of council and Registrar ion of Prach'tioners

3. (1) The Stare. Government may, as soon as may, be by Establishment, notification establish a Cou-ncil to be called. "The Council of cons'ilu'ion Homoeopathjc Systemof Mehcine, '[* * * ] for thepurpose ofcarrying and

incorporation of out the provisions of this Act. Council.

(2) The Council shall he a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of propefly. and to contract, and may by that name sue and be sued.

13) The Council shall consist of eleven members residing in -\IHaryana] of whom-

,' (a). three memhers shall be nominated by the Smte Government

one of them if possible, being a personconnected with such institutions as are referred to in Schedule 1; and

. 1. k t i o n 2 - A inserled by Govt. of 1ndia ~.0.1301 of the 28h Mmh, 1969, Schedule (with effect from 1st April, 1969). (Extraordinary), page 403.

Z The word "Punjab" omitted by ibid (with eff&l From 1st April, 1969).

3. Subslilu~ed for the word "Punjab" by thc Haryana Adaptation of Laws [Srsre and Concurrenl Subjects) Order. 1968.

HOMOEOPATHIC PRACTITIONERS [I965 : Pb. Act 16

(b) eight members, of whom not less than four shall be persons holding a degree, diploma or certificate in the Homoeopathic System from such institutions as arc referrcd to in Schedule I, shall be elected by the registered 1 4

! praclitianers from amongst themselves.

(4) The Chairman of the Council shall be norninatcd by the State Government from amongst the memhers and shall hold oFficc during the pleasure of the Stale Governmenr.

(5) The cight members rnentioncd in clause ( 6 ) of sub- section (3 ) shall in case of l[the first Council to be constituted, after the commencement nf the council of Homoeopathic System of Medicine, Punjab (Reconstitution and Reorganisation) Order, 19691 be nominated by the State Government from amongst the practitioners who are eljgi ble to be registered practitioners, and such members shall be deemed to have been duly clected under clausc ( h ) of sub-section (3) :

Provided that not lcss than four of such mcmbcrs shall be persons holding a degree, diploma or certificate in Homoeoparhic System from such institutions as are referred to in Schedule I.

(6) Every election or nomination of member and every vacancy in the office of a member shall be notified by the State Govemment in the Official Gazette.

~lcclioo of 4. The election of pracritioners entitled to t)e m e m b e ~ of the Council mcmbm. under clause (b) of sub-section (3) of section 3 shall be held at such time

and place and in such manner as may be prescribed.

Nomination of 5. If any of the members is.not elected under clause (b ) of sub- memberin section (3) of section 3, the Stale Government may, notwithstanding default of election.

anything contained i n that sub-section, nominate such regislered practitioner as it deems fit, and [he practitioner so nominated shall for the purposes of this Part be deemed to have been duly elected under rhat clause.

Term of office. 6. (1) Save as othenvise provided, the term of office of elected and nominated members shall be five years commencing from the dare on which the first meeting of the Council is held after the members are elected under sub-section (3) of section 3 :

1. Subslilured for the words "first Council lo be constitured" by Goa. of India, S.O. 1301 ,dated the2SmMarch, 1969, Schedule (with effecl from I" April 1969) (Extraordinary), page 4.03:

1965 : Pb. Act 161 HOMOEOPATI llC PRACTITIONERS 385

Provided that the term of office of members nominated to the first CounciI shall be threejears from the date on which the first meeting of such Council is held.

% (2) An outgoing member shall continue in office until the elec~ion or nomination of his successor us the case may be.

7. ( I ) If a vacancy occurs i n the officc of a member duc to death, vacancies, resignation, removal or disability of such mcmber or othenvi sc, it shall be filled jn thc same manner as is provided in section 3.

(2) Any person nominated or elected LO, fill the vacancy shall notwi thsranding anythmg contained in section 6 , hold office only so long as the memberin whosc place he is nominaed or elected would have hcld officc ifthevacancy hadnotpccurrcd. :, .

8. Any member may ilt any time resign his of ice by letter ;lddrrssed ~ ~ ~ i ~ ~ ~ ~ , ~ ~ , to the Chairman and such resignation shall take effecl from the date on which it is acc'cptcd by the Counci I :

I Provided that rhe Chairman may resign his office by letter addressed to the State Government and his resignahon shall take effect from the date on which i t is accepted by the Stare Government.

9. If any member during the priod for which he has been nominated Disabilihes for or elected- . , conrinuing as

(u) absents himselfwithoutsuch~m,~may,intheopinion m c m b .

of the Council, be sufficient, from three consecutive mmtings of the Council, or

(h) becomes subject to any of the disqualifications mentioned in section 10, or

{c) being a legal practitioner, apppears in any suit or procdng , civil orcrjminal, against the Council, or

(d) obtains,any cmploymentundertheCouncilorhaswithout the previous sanction of the Stale Government acquired clrectly or indirectly by himsclf or by apartner any sharc or interest in any contract made with, by, or on behalf of the Council,

the Council may dcclare his ofice to be vacant: Provided that in acase falling under clause (b) , the Council shall

declarc the offjce to be vacant.

3 86

Disqualification.

HOMOEOPATFI1C PRACTITIONERS [ 1965 : Pb. Act 16

10. .No person-

(0) who is a minor or an undischarged insolvent, or

(b) who has been adjudicated by a competent court to be ! of unsound mind, or

(c) whose name has been removed from the Register, or

(d) who has been sentenced by a Court lo imprisonment for an offence which, in the opinion o i the Council, involves moral turpitude or indicates such a defect of character as would render the en try or continuance of

- , his name in the Register undersirable, the sentence not having been subsequently reversed in appeal or revision, or remitted by an order which the State Government is cmpowcrcd to make in that behalf, or

(e) who has been found guilty, by a majority of two-third, of the members of the council present and voting at the meeting thereof, of infamous conduct in any professional respect after enquiry by the Council at which an opportunity has been given to such person to be heard in his defence either personally or through a representative, or

Cfl who is a dismissed servant of the Government or any local authority,

shall be eligible for being elected or nominated I! member.

Vacancies, 11. No act done, or proceeding taken, under this Act by the Council etc-. to shall k invalid mere1 y on the ground- invalidate proceedings of (a) of any vacancy ordefectin IheconstitutionoftheCouncil, Council. Or

(b) of any defect orirregularity inelectionornominationof a person acting as a member thereof, or

(c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

Time and place 12. The Council shall meet as such time and place and every meeting of rnecrings of Council.

. of the Council shall be summoned in such manner as may be prescribed by regulations :

1965 : Pb. Act 161 HOMOEOPAT~IIC PMCTITIONERS 387

Provided that-until such regulation are made it shall bc lawful for the Chairman-to summon every meering of the Council a1 such time and place as he may deem expedient by Ictter addressed to each member

i, sepanrely.

13. ( I ) The Chairman, and, in the abscnce of the Chairman, a penon Procedure ar elected by ihe membcrs present from amongst themselves. shall preside at a meelings of meeting of the Council.

Council.

(2) All questions at a meeting of h e Council shall be dccided by the votes of the majority of thc members present and voting and, in the case of an equality of votes, the Chairman for thc time being may, in addition to his vote as a mcmbcr of the Counci I , exercise a second or a casting vote.

(3) ~ h r e e members shall form a quorum at a meeting of the , -

Council :

Providcd that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same

1, businss.

14. (1 ) The Council shall, with the previous approval of the Regismu. State Government, appoint a Registriu who shall receive such salary and allowances and be subject to such condilions of service, as may be prescribed. . ,

(2) The Chairman may, from time to time, grant leave 10 the Registrar and rhe CounciI may appoint a person to act in his place.

(3) Any person duly appointed to act as a Regisurn shall be deemed to be the Registrar f o r all the purposes of this Act.

(4) Any order of the Council appointing, punishng or removing to. . the ~egjskdrfrorn office shall not be passed without the pmvious approval of-

the state Government.

(5) The Counci 1 may appoint such other officers and servants as may k necessary for carrying out the purposes of that Act : .

.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 Governmenl.

388 HUMO~OPATHIC PRACTIT~ONERS [I965 : Pb. Act 16

(6) The Registrar and any other officer or servant appointed under this section shall be deemed co be a public servant within the meaning of section 21 of the Indian Pend Code. , -

(7) The Registrar shall be the Secretary of the Council and sh'all act as ~ x c c i t i v e officer of the Council.

'

Dutlrs of he 15. ( I ) Subject ro the provisions of this Act and the rules made ''tclrar. Re,'- ther~under and subject to any general or special ordcr of the Counci I. i t shall

be the duty of the Registrar to keep the Register. .

(2) The Register. shall be kept in such form as may be prescribed and shall contain thc name, address and qualifications of every registered practitioncr together with the dates on which such qualificarions wcre acquired. The Register shall be divided into the following two parts :-

Part A con~aining the names of practi tioners referred to in sub- section (1) of section 16; and

Part B containing the names of practitioners referred 10 in sub- section .. (2) , of section , . 16.

. ,

(3) The Regisuar shall. keep the Register correct as far-,* possible and may from time to time enter therein any material alteration in the address or qualifications of the pracriuoncrs. The names of the registered practitioners who die or whose namcs are directed to be removed from the Register under sub-section (3) of section f 6 shall be removed from the ~edster.

(4) A registered pracri tioner shall, on payment of such fees as may be prescribed, be entitled to have entered in the-register any degrees, dipolmas or certificates or other qualifications in Homoeopathy or other recognised medical degrees, diplomas or certificates . . which he may obtain.

(5) For h e purpose of this section, the Regislrar may write by registered post to any registered practitioner a t the address which i s entered in the Register to enquire whether he has ceased ta practise or has changed hs residence and, if no answer is received to such letter within six months, the Registrdr may remove the name of such practitioner from the Register :

1965 : Pb. Act 163 HOMOEOPATHIC PRACTITIONERS 389

Provided that if the Council is satisfied, on the application of such that he has not ceased to practise, the Council may direct that the name of such practitioner be re-entered in the

-ri Register.

16. ( I ) Every prson, who possesses any qualification mentioned in Registration. Schedule I, shall, subject to the provisions containedin this Acl and on payment of he prescribed fees, be enlitled to have his name entered in Par1 A of the Register subject to such conditions as the Council may by regulalinns specify.

'[(Z) Every person, who, within a pcriod of '[eighteen mon tbs] from the date of publication of rules madc under this An, proves to the satisfaction of the Registrar that immediateIy before the date of publicat ion of rules, lie was not less than twenty-five years of age and had bekn in continuous practise as a practitioner for at least five years, shall. on payment of the prescribed fee, be entitled to have his name entered in Pan B of the Register subject to such conditions as the Counci 1 may by regulations

L

' v - f Y - I 1 - 3113) * * * * " * I

(4 ) Where an application for entry in the Register is made by a person whose case is not clearly covered by sub-section ( I or sub-section (2) or by the rules or regulatidns made under this Act, the Registrar shall refer his application to the Council for such decision as the Councj 1 may decm fit.

(5) The Council may drrect that the namc of any practitioner who has been convicted of a congnizable offence as defined in the Code of Criminal Procedure, 1898, which discloses such defect of a moral character as is, in d ~ e opinion of the Council sufficient to make him unht to pnc tise hs profession or who has been found, after due inquiry, guilty of conduct which is, in the opinion of the Coucil, infamous in any professional respect, shall be removed

- from theRegster. ,

(6) The Council may, on sufficient cause being shown, also direct h a t the name of the practitioner so removed shall k re-entered in the Register on payment of such fees as may be prescribed.

1.. Substiluted by Haryana Act 37 of 1974. . 2. Subsliluted by l+a&ana Act 23 of 1976. 3. Omi~red by Haryana Act 20 of 1988.

3 90 HOMOEOPATHIC PRACTITIONERS [I965 : Pb. Act 16

Renewal of '[16A ( 1 ) Every registered practitioner shall get his registration re~islrarion. renewed within two months of he commencement of [he Punjab

Homoeopathic Practitioners (Haryana Amendment and Validation) Act, 1989 and thereafter the regisrration shall be got renewed after every five years within one month of the expiry of the period of rcgisrration, on payment of such fee as may be prescribed.

(2) If the registered practitioner fails to get his registration renewed within the period provided in sub-section ( I ) , his name, shall thercafier stand removed from the Register :

Provided thar h is name may be re-entered in the Register by the Regism on paymenl of such additional fee as may be prcscrikd wilhin two months afier the expiry of the pcriod provided for renewal.]

Appeal to thc 17. (1) Any person aggrieved by the decision of the Registrar Cuuncilfrom rcgardingregstrationafany~nonoranyentryintheRegis~ermayappcaI~o the dccision of the Regislrar

the Council. ,

and other (21 Such appeal shall IE filed with, and shall be heard and decidcd Powers of lhe by, the Council in the manner prescribed. Council.

(3) The Council may, oi its own motion or on the application of any person, after due and proper enquiry and aftm giving an opportunity to the person concerned to being heard, cancel or alter any c n q in the Register if, in the opinion of the Council, such entry was fraudulently or incorrectly made. '

Quaii ficd 18. Notwithslanding anything in any law for the time being in practitioners force,- ceni licalc.

(a) the expression 'legal qualified medical practitioner', or duly qualified medical pracli tioner, or any word importing a person recogiised by law as a medical practitioner or member of medical profession shall in a11 Acts for other provisions having the force of law i n Punjab and relating to matters in List-IZ or List III of the Seventh Schedule to the Constitution of India, includes a practitioner registered in Part A of the Register ;

(h) a certificate required by any Act ro Ix issued by any medical pracritioner or medical officer shall Ix valid if such certificate has k e n singed and issued by a practitioner registered in Part A of rhe Register :

I. Insened by Haryana Act 18 of 1983.

1965 : Pb. Act 161 HOMOEOPA'I-HIC P R A ~ I T I O N E R S 39 1

Provided thar a certificate of illness may also be signed and issued by any practitioner registered in Part B of the Register ;

(c) a pmctitionerregisterod in PadA of d ~ e Ucgisler shall b eligible to hold any appointment as a medical officer in any Homoeopathic Dispensary or Hospilal supported by or receiving a grant from the State Government and rreating patients according to [he homwpathic system or in any public establishment. M y or jnscitulion dealing wilh such system. I

19. Every Registrar of Deaths on receivjng notice of thc death of Nolice of death. a registered practitioner shall forth with transmir by post to the Rcgisrrar a certificate under his own hand of such death with the particulars of time and placc of dea~h and may charge 1 hecost of such certificate and transmission as nn expcnse of his office.

20. ( I ) Thc Council may appoin; such number of Inspectors to lnspecliun oi inspect the institutions and their examinations as i t may deem fit and such Inslilulions- Inspectors shall be paid such fee as may be prescribed.

\ (2) Such Inspectors shall, in accordance with any general or s e a l directions of the Council given from lime to time, inspect the insri tutions esrablished by or affiliated to the Council and report to the Council in regard to the Courses of study pursued-and training imparted at eveq institution which they inspect andon any other matter with regard to which the Council may require hem to reporl.

21. ( I ) The Council shall by regulations- Qualifying cxaminahons.

(a) recognise jnstiturions as required under paragraph (2) of ScheduIe I ;

(bl @be thecoum of training and qualifyrngexaminations including the exami nnti ons prior to qualiFylng examinations 1

(c) provide that instruction and examinations shall as far as possible begiven or held in the languages specified in the regulations.

(2) A qualifying examination shall be an examination in thc Homoeopathic System held for the purpose of granting a diploma, degree nr certificate conferring the right of regstration under this Act by any ofthe Institutions which on the recornmendahons of the Council may be specified by the State Government by notification as king authorized to hold aqualifyiig examination.

392 HOMQEOPATHIC PRACTLTIONERS [I965 : Pb. Act 16

(31 Tt shal l be the duty of the Council to secure thc maintenance-of an adequate standard of proficiency for the practice of Homoeoparhic System. For the purpose of se~uring such a standard the Council shall have authority to call on the governing F body or authorities of any i nstitulion giving insiruction i n the Homoepathic System and on any examining body authorizedm desirous of bcing aurhonzed under sub-scction (2)-

(a) to furnish such particulars as the Council shall rcquire oi any courseof srudy prescrilxdby regulations or examination help by such body or authority orin any school orcollege thereof with reference to the grant of any qualjfications ; and

{b) lo permir Inspectors appointcd by the Council from amongsr tht: registered practitioners in this bchalf to attend and be present at all or any of the qualifying ex aminahom.

(4) An inspector shall not interfere with the conduct of any examinaljon, but it shall be his duty to repon to the council ks opinion as to the sufficiencypr insuficiency of.every examination wbch he altends and any other matterin relation to such examination on which the Council may quire h ~ m to report.

(5) Every qualifying examination and every prior examination leading up to it held by the'bodies or institutions authorized under this section shall be inspected by the Inspector at least once in two years and more frequently if theCounciI so directs.

(6) The Council shall forward a copy of every such report to the body which held the examination in respect of which the said report was made and shall also forward a copy of such report, together with any observations thereon made by the said body, to the State Government.

Remuval of 22. If it appears to the State Government on the report of the Council institution lhathecoursesofstudyandexaminationsprescribedbymyofrheinsdtutions authorisd to hold qualifying

specified in the notification under section 21 are not such as to secure cxminavn,,5, the maintenance of an adequate standard of proficiency for the

practice of Homoeopathic System, it shall be lawful for the state Govcrnrnent by no~ification to direct that the said institution shall be

1965 : Pb. Act 161 I IOMOEOPATHIC PRACTITIONERS 393

removcd fro111 the said notification and shall not be authorized to hold a qualifylngexamination : -

Provided that, before any direction for the removal of an institution ' from the saidnotification is made under this section, thc Council shall require

the institution 10 take steps within such time as il thinks fit to provide [hat thc courses of study and examinations prescribed by the instiiution are of an. adequate standard.

2 3. Notwithstanding anything in-any orher law for the ti me being Exemplinn Lmm, in force, every registered practitioner shall be exempted, if he so scmin~ On desires, from serving on any iriquest under IheCode of Criminal Procedure, inques~s.

1898.

24. There shall be paid to the membcrs for attending meetings of the Allclwances payable ro

Council such travelling and other allowmces as may be prescrikd. members.

2 5. All moncys recci vcd by I he Counci 1 as fees under this Act shall bc Fccs rccci vcd applied for the purposes of this Act in accordance with the rules made by 'he Council. thmunder.

I -. 26. (1) The Registerar shall every five years, on or before a date Publicalionof

to be fixed by ,the Council, cause to be printed and published a correct list of list of the names and qualifica~ions of all practitioners, for the time being prac'i"onc"r.

. entered in the Register and the dates when such qualifications were acquired.

(2) In any proceeding it shall be presumed that every person entcred in such list is a registel-ed praclilioner and rhat any person not so entercd is not a registered pracli tioner.

27. If at any time it appears to the Stare Government that the Council Control of State govern men^. has neglected to exercise, or has exceeded or abused, any of the powers

conferred upon it by or under this Act or ha: ~zglected to perfom any of the :, duties imposed upon it by or under this Act, the State Government may,

communicate the parliculm of such neglect, excess or abuse to the Council, and if the Council fails LO remedy such neglect, excess or abuse within such lime as may be fixed by the S [ate Government in this behalf, the State Govcrnmen t may, forthc purpose of remedying such neglect, excess or abuse cause any of the powers and duties of the council to be exercised and preformed by such agency and for such as the State Governrncnt flay think fil.

Prohibilion to 28. No person, other than a practitioner registered under this Act, pracLice of shall practice or hold himself out, whether directly or by implication, as persons not registered.

practicing or as k ing prepared to practice the Homoeopathic System.

29. Whosoever voluntarily and falsely assumes or uses any title or False I xsumption of description Dr any addition to his name implying that he holds a degree, degreespetc-*todiploma or certificate conferred, granted or issued by any of the be an institutions specified in the nolifica~ion made under section 21, or that

he is qualified to prac~ise the Homoeopathic System, or that he is a - registered practitioner, shaII on conviction be punishable with fine which may extend to two hundred and fifty rupees for the first offence and with fine which may extend to five hundred rupees for every subsequent offencc.

Penatty. 30. Any person who acts in contravention of the provisions of section 28 shall, on conviction, be punishable with fine which may extend LO two hundred rupees.

Conferring. granting or issuing degrca, diplomas; etc., by unauthoriscd person or institution.

31. (1) No person, other than an association or institution recognised or authorized by the Council under this Act, shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma, certifica'ie or other document stating or implying that the holder, grantee, or recipient is qualified topractise thc Homoeopathic System.

(2) Whoever contravenes the provisions of sub-section (1) shall, . on conviction, be punishable with fine which may cxtcnd to five hundred rupces and if the person so contravening is an association, every member of such association who, knowingly and willfully authorises or permits the contravention, shall, on conviction. be punishable with fine which may extend to two hundred rupees.

Coun 32. ( 1 ) No court other than the c o w of a Judicial Magistrate of the competent LO 1st Class shall rake congnizance of or by an offence under this Act. by offences . .-. , under this Act (2) No court shall take cognizance of any offence under this and cognizance of offences. Act except on a complaint in writing of an officer empowered by the

S tatc Government in this behalf.

Power to m e n d 33. The Slate Government may by noiifjcation amend Schedule I. Schedule I, so 'as to add thereto or omit therefrom any qualification, and

thereupon such schedule , . shaIl be deemed to have been amended . -

according] y.

1965 : Yb. Act 161 HOMOEOPATHLC PRACTITIONERS

PART 1II

DTSPUI'm -REGARDING ELECTIONS

34. In this Part, unless the context othenvise requires,- DeRnitions. (u) "agent" means any person appointed in wil ing by a

candidate at an election to be his agenl for the purposes of h i s election with the written consent of such person ;

(b) "candidatc" means a person who has bcen or claims to have been duly nominated as a candidatc at an election, and any such person shaII be decmed to have been a

-candidate as from the time when, with the election in prospect, he began to hold himself out as a prospecrivc candidate ;

(c) "compt practice" means any of [he practices specified in Schedule II ;

(d) ' r ~ ~ ~ t s " means a11 costs, charges and expenses of, or incidental to, a trial of an eieciionpetition ;

(e) "election" means an election to fi I1 the office of a member ;

fl "electoraI right" means the right of a person to stand or not to stand, as . or to with draw from being, a candidate or to vote or refrain from voting at an eIection ;

(g) "pleader" means any person entitled to appear and plead for another in a civil court, and includes an Advocate.

35. No election of a member shall be called in queslion except E1=hon by an election petition presented in accordance with the provision of this pe~itionr. Part.

36. (])Any registeredpractitionermay withhaperiodofthirty days Prcsenlatianof from the date on which the elec tian of any member is notified under sub- pelitians. section (6) of section 3 and on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in sub- section (1) of section 48 to the prescribed authority an election petition in writing against the etecrion of such memkr.

396 HQMOEOPATH~C PRALTIT~ONERS [I965 : Pb. Act 16

(2) The elcction petition shall be deemed to have been presented ro the prescri hed authority-

(a) when i t is delivered to the prescribed authority-

(i) by the person miking thepcti~ion, or

(ii) by a person authorized i n writing in this behalf by rhe person making thc petition ; or

(h] when ic is sent by regislered posc and is delivered to the prescribed authority .

Conre~lrs nf 37. (1) An election petition- . petition.

(a) shall contain a concise sratemenr of the material facts on which the pelitionerrelies ;

(b) shall set forth full piliculars of any compl pracrjce that thc petilioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and he date and place of h e commission of each such pracrice ; and

(c) shallbe signed by the petitioner and verified in the manner laiddown in the Code of Civil Procedure, 1908 (Act No. V of 1908). for the veritication of pleadings :

I

Provided that where the petitioner alleges any corrupt practice, the peti tion shall also be accompanied by an affidavit in the prescribed form in support of the allega~ion of such corrupt practicc and the particulars thereof,

(2) Any schedule or annexuit: to the petilian shall 'also be singed by the petitioner and verifiedin the same manner as the petition.

Proccdurc on 3 8.1f rhe prescribed security is not furnished m Lhe prescribed rnanurr receiving orthepetitionisnotpresentedwithinthcperiodspecifiedinsection36,the elect ion petition.

p&ibxi aulllonly shall dismiss &he pctltion :

Provided that the petition shall not be dismissed without giving the petitioner an opportunity of king heard.

1965 : Pb. Act 161 HOMOFDPATHIC PRACTITIONERS 397

39. Any aurhbrity empowered in this behalf by the State Government Power to may, at any stage after notice to parties and for reasons ta be recorded, ~ i ' h d r a ~ a n d withdraw any election petition. pending before a prescribed authoriLy and transfer

pelirions. transfer it for trial to another prescribed authority ;and upon such transfer, lhatprescribedaurhorityshdlproceed~viththe~alfmmthestagearwhichi~

r : was wihdrawn ;

M d e d r h a l such authari may, if it hnks fit, recall and reexamine any of the wiinesscs atready examined.

40. (1) Subject to he provisions of this Act and of any rules Procedu~c made thereunder, every election petition shall be tried by the befr~re thc prescribed authority, as nearly as may be, in accordance with the procedure presc~bed applicable under h e Code of cid Procedure, 1908 (Act No. V of 1908), to aulhorhy. the trial of suits.

Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if ir is of the opinion &at their evidence is not maerial for the decision of h e petition or that the party tendering such witness or witnesses is doing so on frjvolous

I grounds OF with a view to delay the proceedings.

(2) The provisionsbf!he~ndik Evidence Act, 1872 (Act No. I of 1872). shall subject to hihc provisions of this ~ c t , be deemed to apply in all respects to the trial of an election petition.

4 1. Any appearance, application or a d hefore the prescribed authority Appearance may be made or done by the party in person or by a pleader dilly appninted before to act on is behalf: . prescribed

authority. Provided that it shall be open to the prescribedauthority to direct

any party to appear in pcrson whenever the prescrj bed authoriry consideres il necessary.

42. The prescribed auhority shall have thk powers w h i j l rn vestedin Posers of he i a court under the Code of Civil Procedure, 1908 (Act V of 191)8), when prescTihcd

authority. trying a suit in I-espect of the following matters :-

(a) discovery and inspection ;

(bJ enforcing thc attendance of witnesses and requiring the deposit of their expenses:

HOMOEOPATHIC PRACTITIONERS 11965 : Pb. A C ~ 16

(c) compelling the production of documents ;

. (d) examining witnesses on oath ;

(e) granting adjournments ; , - i

fl reception of evidence taken on affidavit ; and (g) issuing commissions for the examination of

witnesses ;

and may summon andexamine suo rnohl any person whose evidence appem to it to be material ; and shall be deemed tp be Civil Court within be meaning

" of sectioris 480 and 482 oithe Codc of ~ r i m i n a l Procedure, . . 1898 (Act No. V of 1898).

ExpImqrinn .- For the purpose of enforcing the arrendance of wi tnesses h e lmal lirmts of the jurisdiction of the prescribed authority shall t~ the limik of the State of 'JJIaryanal.

Documentary 43. Nowithsranding anything in any enactment to the contrary, no evidence- docu~en~shdbeinadmissibleinevidenceatUle~~alofanelectionpetirion

on the ground that it is not duly stamped or registered. Secrecy of 44. No witness or other person shall be required to stale for w horn he "'ling not la b c h ~ vokd at an ejection. infringed.

Answering of 45. (1)No witness shall be excused from answering any question as -=ling to any matter relevant to a malter in issuc in the bial of an election petition up questions and certificate of

to the ground that the answer to such question may criminate or may tend to Indemnity. criminate him, or that it may expose or may tend to expose him to any penalty

or forfeiture :

Provided that-

(a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority ; and

(b) an answer given by a witness to a question put by or befo~le the prexriM authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, Lse admissible in evidence against him in any civil or criminal p m d i n g .

1. Subsri1uted for h e word 'Tunjab" by Haryana Adaptation of Laws Order. 1968.

I

1965 : Pb. Act 161 HOMOEOPATHIC PRACTITIONERS 399

(2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shaI1 be a full and complete defence to or upon any charge under Chapter IX-A of thc Indian Penal Code (Act No. VI of 1860), arising but of the matter to which such

1'.

I certificate relates, but i t shall not be deemed to relieve him .,from any disqualifjca~ion in connection with any election imposed by thls Act or any oher law. , . .. .

46. The reasonable ex yenses incurred by any person in attending to Expenses of give evidence may be allowed by the prescribed authori~y LO such person, witnesses. imd shall, unless the prescribed nurhority orherwise direcrs, be decmed to be part of me costs., .

47. (1) When an eIection petition h i s not been dismissed under section Decision of the 38, Lhe prescribed authority shall inquire into the election petirjon and at the prcscrib*

aulhoriry. conclusionofthe~nquiryshdJmakeanorder- . .

(a) dismissing the eledtion petition ; or

(6) setting aside the election.

1 (2) At the time of making an order under sub-section ( I ) the prescribed authority shd 1 also make an order-

(a) where any charge is made i n the petition of any cormpt practice having been committed at the election, recording- . .

(i) a finding whether any cormpt practice has orhas not been proved to have been committed at thc election and the nature of that c6mpt practice ; and

. ,

(li) the names of a1 l persons, if any, who have been proved at the trial to have been guilty of any compt practice and the nature of that practice ; and

(b) fixingthetotalamountofrx>stspayable,andspecifylngthe . persons by andto whom costsshall be paid:

, -

Provided that a persan who is not a party to the petition shall notbenamedintheorderundersub-clause{ii)ofcIause~ , (u)unless-- .

Grounds for scning aside clccrion.

HOMOEOPATHIC PRACTIT~ONERS [I965 : Pb. Act 16

(i) he has been given notice to appear befotl: the prescribed authority and to show cause why he should not be so

. named; and

(ii) if he appears in pu~uance of the notice, he has been given an opportunity of cross-examining any wimess who has I

already becn examined by thc prescribed authortiy and has given cvidence agaiflst him, of calling evidence in his defence and of being heard.

48. (1) If the prescribed authority i s of the opinion-

(a) that on the date of his election rhe elccled person was not qualified or was disqualified, to be elccted under this Act ; or

(b) rhalanycompr practice haskn'committedby theelected person or his agent or by any o'her pcrson with theconsent of the elected person or his agent; or

(c) that any nomination has ken improperIy rejected ; or

(dl that the result of the election, in so far as i t concerns the elec led person, has bcen material1 y affectkd-

(i) by the improper acceptance of any nomination : or

(ii) by the improper reception, refusa: or rejection . , of any vote or the reception of any vote which is

void ; or

' (iii) by my noncornpl iance with the oi this Act or oi g y rules made under this Act ; the prescribed authority shall set aside the election of the elected penon:.:

(2) When anmelection 'has been set aside under suh- section ( I ) , afresh election shal be held. '

Abatement of -. 49. An election petition shall abate only on the death of a sole petilioner election or of the survivor of several petitioners. pelirians.

1965 : Pb. Act 161 HOMOEOPATHIC PRACTITIONERS 40 1

50. ( 1 ) Costs including pleaders' ice shall be in the discrerion oT rhe C O S ~ S and prescrikd authority. paymen1

thcreof our of (2) If in any order as to costs under the provisions of the Part there ,,,,,i,

4. is a drection for payment of costs by any party to any person, such costs deposik and shall, if they havc not been already paid, bc paid in full, or so far as possible, return rf such out of the security deposit made by such party under L ~ I S Part, or an application dC~osi's- made in writing in that behalf within a period of one year from the date of such order to such authority as may be empowered in this behalf by h e State Government by the person in whose favour the costs have ken awarded.

(3) If [here is any balance lef~ of the secun ty deposit under this Part after payment under sub-section (2) of the costs referred to in hat sub- section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that behalf in writing to the authority referred lo in sub-section (2) by the person by whom the security h x been deposited or if such person dies aftcr making such deposit, by the legal representative, of such person, be returned to the said person or to his legal representatives, as the case may be.

51. Any order as to costs under the provisions of this Part may be E X X U ~ ~ O ~ of produced before the principal civi 1 court within the local limits of whose ordcrs as lo jurisdiction any persondirected by suchordertopay any sumofmoneyhas a place of residence or business and such court shall execute the order or cause h c same to k exauted in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit :

Provided that where any such cos! or any portion thereof may be recovered by an application made under sub-section (2) of section 50, no application shall 1 ie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs

; whch has k e n left umalised after an application has k e n made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-secrion.

52. The corrupt practices specified i n Schedule 11 shall entail Conup[ disqudiFrcationformem~rsbpoftheCouncil foraperidaffiveyearscounting practices from the date on which the finding of the prescribed authority as to such practice has been given : qualihcaliun.

Provided that the State Government may, for reasons lo be recorded, remove the disqualification or reduce the period thereof.

PART IV

MrsCELLANEous

53. (1) The State Government may, by notification and aftcr prcvious publication, makerulcs to carry out all or any of the purposcs of this Act.

(2) I n particular, and without prejudice to the generality of thc foregoing power, the Stare Government may make rules for all or any of the following matters, namely :-

(a) the h e at which and thc place and manner in which elm tion shall be held under section 4 ;

(b) the salary, allowances and other conditions of service of the Registrar under section 14 ;

(C)thefohnoftheRegis~erandthep~cularsrobeeniered therein under section 15 ;

(dl the fees chargeable far regishation, regismtion certificates, re-cn tries of a removed name and a1 teration of en tries in the Regisrer ;

(e) the manner i n which appeals against the decision of the Registrar shall be heard by the Council under seclion 17 ;

fl the travelling and o~her allowances payable to members under section 24 ;

(g} the application of fees under section 25 ;

Ih) the furtherance of any of [he objects of the Council ; I

{i) the form of the certificates of registration mentioning therein the Part in which the registered practitioner is registered ;

(j) the amount of security to be furnished and the manner in which it is to be furnished as required by sub-section ( I ) of section 36 ;

1965 : Pb. Act 161 HOMOEOPATHIC PRACTITIONERS 403

{k). the authority to whom election petitions may be presented and by whom such petitions may be inquired into and-decided under Part III ;

( I ) the form of affidavit required to accompimy the petition under sub-section ( 1 ) of scction 37 ;

(111) any other matter which may be prescribed. 54. (1) The Council may, with ihk previous sanction of the Reglationr,

State Government, make regulations not inconsistent with this Act or the rules made under section 53 for all or any of the followingmatters. namely :-

(a) the time and place at which rhe Council shall hold i!s meetings under section 12 ;

-' , (b) the salary, allowances and other condi tions'of senrice of o f i m andmants of the Council, other than Ihe Registrar, under section 24 ;

(c) the conditions for registration referred to in sub-sections ( I ) and (2) of section 16 ;

(d) the course of study for training and qualifying and other - examinatins;

(e) the admission of students to the bodies or institutions authorized under section 21 ;

. fl the language in which the examination shall be conducted and instruction shall be imparted ;

(g) the conditions under which students shall be admitted to the degree, diploma or certificate course and to thc qualmng and prior examinations- ;

(11) [he conditions of appointments ol examiners and the conduct of examinations ; and

(i) alI other matters which may be necessary for the purposes of carryingout the objects of this Act.

(2) All regulations shdl be published in the Official Gazette.

(3) The State Government may by notification cancel any re,dation :

Provided that in submittingregulations under clauses (d) and (hJ for sanction of the Stale Government under this section, the Council shall send a copy of its proceedings relating LO the passing of such regularions and shall

404 HOMOEOPATHIC PRACTITIONERS [I965 : Pb. Act 16

state the number of its members who havc voted for or against such regulations or not voted in respect of such regulations :

Provided further that in sanctioning the regulations due consideration shall be given to the opinion of the members as expressed in the said i proceedings.

Rules and 55. Every rule made under section 53 and every regulation made under regula'ions lo section 54 shall be laid as soon as may be after it is made before [[the be laid before Stale

Legislative Assembly] while it is in session for a [oral pcridbf ten days which Idegislature. may comprise in one session or i n two succcssive sessions, and if lxfore thc

expiry of thesessions in which it is so laid or thc session imrnedtately following 'Legislative Assembly agrees] in making any modification in the rule or regulation, as the case may be, or 'kgislative Assembly agrees] that such rule or regulation should not be made, thc rule or regulation shall [Inereafter have effect only in such modified form or be of no effect, as the case may be ; so however that any such modification or annulmen1 shall be without prejudice to the validity of anything previously done under that rule or regulation.

Validauon. 'rnotwi thstanding anyhng contained in any law, judgment, dccm or order of any coun, the amount of fee levied, imposed, assessed or collected from a registered practitioner in respect of renewal of regisuation under h e rules made under the principal Act, shall be deemed ro have been validly levied imposed, assessed or collected and such levy, imposition, assessment

'

or collection shalI not be called in question in any court and accordingly-

(a) no suit or other legal proceedings shall -be instituted, maintained or continued in any court for the refund of h e whole or any part of the fee so levied, imposed, assessed or collected ; and

(bJ no court shall enforce any decree or order directing the refund of the whole or any part of the fee so levied, imposed, assessed or collected .]

1. Inserled by Govr. of India, S.O. 1301 of [he 28th March, 1969, Schedule (with effwl from 1st April, 1969) (Extraordinary, page 403.

2 Validalion added by ~ & a n a A c ~ 1 8 of 1989.

1965 : Pb. Act 161 HOMOEOPATHIC PRACTITIONERS

SCHEDULE I

[See sections 3(3) & (51, 16(1) 21(1) (u) and 331 -

Persons who are entitled to have their names entered i n Part A of the Regisrer of Homoeopaths :-

( I ) Homoeopaths who have passed the final examjnaiions held by the Council of the Homoepathic System of Medicine, Punjab

(2) Homoeopaths who have passed an examination from a Homoeopathic lnstitution i n the State or outside i t ; provided Lhat for the purposes of examination such an insri~ution is recognized by the Council subject to any timilalions as thc Council may consider proper.

(3) Homoeopaths who have been ~gistered by a S tAe Council or Board of Homwpahc System of Medici ne established by law any where in the Indian union by virtue of their having passed a qualifying examination from any of lhe recognized institutions of such council or Board.

[See sections 34 (c) and 521

The following shall bedeemedto be compt practices for the purposes of section 52 :-

" ( I ) Bribery, thatis tosay,-

( A ) any gift,offerorpromisebyacandihreorhisagent orby any other person with the consenl of a candidate or his agent of any gratification, to any p n o n whommver, ui th the object, directly or indirectly ofinducing-

(a} aperson tostandornot topstandas, or to wi~hdraw from being, a candidate at an election ; or

(6) a voter to vote or rcfrain from voting at an election : or a as reward t G

HOMOEOPATHIC PRACTITIONERS [I965 : Pb. Act 16

(i) a person For having so stood or not stood, or for having wirhdrawn his candidam ; or

(ii) a voter Forhaving voted or refrained from voting ; 1

(3) the receipt of, or agreement to receive, any gratification, whether as amotive or a reward-

(01 by a person for standing or not sranding as, or for wirhdrawing from being, a candidate ; or

(b) by any person w hornsoever for himself or any other p e m n for voting or refraining from voting, or inducing or attempting to induce any voter to vote or refrain imm voting, orariy candidate to wirhdraw his candidalure.

Ex-plo~~aiio~~.-For the purposes of this clause, h e term "GratlTrcatian7' is not restricted to pecuniary gratifications or gratifications estimable in money and it: includes all forms of entertai nmen i and all forms of employment for reward, but it does nor include the payment of any expenses bona fide incurred ,

at, or for the purpose of, any election.

(2) Undueinfluence, h a t i s to siy, any direct to i n b t intericrence or attempts to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise: of any clectoml right :

Provided that-

(a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who-

(i) threatens my candidate or a voter or any person i n whom acanddate or such voter is interested, with injury of any kind and including social ostracjsm and excommunication or expulsion from any caste or communiry ; or

(ji) induces or attempLs to induce acandidate or a voter to believe that he, or any person in whom he is

1965 : Pb. Act 161 HOMOEOPATH~C PRACTITIOE~ERS 407

interested, will become or will be rendered an object of divine displeasure or spirituaI censure ;

d. shall be deemed to interfere with free exercise of the elecloral right of 1 such candidate or a voter wirhin the meaning of this clause ;

(b) a declaration of public policy, or 3 promise of publication or hemere exercise of legal right without inknt to interfere with an electoral right shall nu1 be

-. deemed to be intcrfcrence wirh in the meaning of [his clausc.

(3) The appeal by a candidate or his agcnt or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, czlstc, cornrnuniry or language or the use or, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as [he national flag or the national emblem, for the furtherance of rhe prospects of the election of the that candidate or for prejudicially affecting the election of any candidate. . -

I

(4) The promotion of, or attcmpt to promote, feelings of enmity or hatred berwccn different classes of the citizens of India on grounds of religion, race, castc, conmunity, or language, by a candidate or his agent or any other person with the consent of a candidature or his agent for the furtherance of thc prospects of thc clection of that candidareor forprejudicially affecting the election of any candidate.

(5) The publication by candidate or his agent or by my other person with the consent of a candidate or his agent, of any statement of fact which is false, and which he either beIieves to be false or does not believe to be true, in I-elation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice h e prospts of chat candidate's election.

(6) The hiring or procuring whether on payment or or he wise or any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agcnt, for the conveyance of any voter (other than the candidate himself, the members of his family or his agent), to or from any polling slarion provided or a place fixed for the poll :

408 I+OMOEOPATHIC P R A C T I ~ N E R S 11965 : Pb. Act 16

Provided thai the hiring of a vchicle by a voter or by several voters at their joint costs for the purpose of conveying him or them to and from any such poiling station or place fixed for the poll shall not be deemed to be a cormpt practice under this clause, if the vehicle so hired is a vehicle not propelled by mechanical power :

Provided further that the use of any public transport vehicle by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a cormpt practice under this clause.

Eip1anario)r.-h this clause, the expression "vehicle" means any vehicle use or capable or being used for the purpose of road transport, whether propelled by mechanical power or othenuise and whether used for &awing oher vehicles or otherwise.

17) Theobtiningorprmuringorabetcingorarcempting toobrain or procurc by a candidate or his agent or, by any orher person which the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that cmdidatc's election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority."