Maharashtra act 012 of 1960 : The Bombay Homoeopathic Practitioner's Act, 1959

1960 : Bom. XII] 1 BOMBAYACT No. XIIOF 1960.1 -. [THE BOMBAY HOMOEOPATHIC PRACTITIONERS'^ACT,1959"

[This Act received the assent of the President on the 12th March, 1960; ,assent first publi,shed in the Maharashtra Government Gazette, Part IV on the 18th March, ,1960,)' Adapted and modifiedby the MaharashtraAdaptationof Laws(Stateand Con- current Subjects),Order, 1960. . " .

, AmendedbyMah. 20 of ,19,6..2. '

'" "" 31' of 1963;1

!' "" 26 of 1966. ," '

" "" 39 of 1974. (5-2-1975)* .

" "" 24 of 1975t (28-5-1976)*

" "" 420f1975(16-9-1975)*

" "" :310#1984(18-10-1984)*:1:

" "" 40f 1986@ (28-10-1985)*

" "" 39 of 1986@@(24-10-1986)*

" "340f1987(29-1O~1987)* 16 'of 1988 (1-9-1988)*

" 17of 1988(28-4-:1988)*£

" 19 of 1988 (1-9-1988)* ,- ,"'1,';"

"

"

"

"' An Act.to consolidate and amend the lawrelating to the regulation of qualificationsand registration of Homoeopathic2 [* * *] practitioners in the State of Bombay].

, WHEREAS it is expedient to consolidate and amend the law relating to the regulation of qualificationsand' registrationof HomoE!Opathic3 [* * *] [Practitiorlers in the Stateof Bombaywith a view to encourage the study and spread 4[of this system]; It is hereby enacted in the Tenth Year of the Republic of Indiaasfollows, namely:- '

CHAPTER I.

PRELIMINARY. '

1. (1) This Act may be called the Bombay Homoeopathic 5[ * ,; *] Practitioners' Act, 1959. , . ' ,

(2) Itextendsto thewholeofthe6[StateofMaharashtra.] -

(3) It shall come into force on such 7day as the State Government may, by notification in the Official Gazette, appoint.

Short title,

extent and

commence-

ment.

t For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, pages 652-655, ,

2 The words" and Biochemic" were deleted by Mah, 19 of 1988, s, 2,

3 The words" and Biochemic" were deleted, ibid., s. 3 (a).

4 These words)Vere substituted for the words ,"of these System" , ibid., s:,3 (b).

5 Theword"andBiochemic"weredeleted,ibid.,s.4.. .

6 These words were substituted for the words "State of Bombay" by Maharafihtra Adaptation of Laws(StateandConcurrentSubjects)Order,1960, s. 4. , ..'

7 27th day of October 1961, vide G.N., U. D and P.H. D., No. BHP. 1059 (a:)Unification, dated the, 26th October 1961. ','

~This indicates the date of commencement of Act. , '

t Mah. Ordinance No. II of 1975 was repealed by Mah. 24 of 1975, s.3. ' :j: Maharashtra Ordinance No. IX of 1984 was repealed by Mah. 31 of 1984, s.3 (1). @ Maharashtra Ordinance No.VI[ of 1985 was repealed by Mah. 4 of 1986, s. 3 (1). @@ Maharashtra Ordinance No. VII of 1986 was repealed by Mah. 39 of 1986. s.3 (1). £ Maharashtra Ordinance No. VIII of 1987 was repealed by Mah"34 of 1987. s.3 (1). £ Maharashtra Ordinance No. XVII of 1988 was repealed by Mah. 17 of 1988. s.3 (1). 0 : om. XIl] 1

BAY CT o. il F 60."

[THE BomBay Homocopatuic Practitioners' Act, 1959]

i ct ceived the as ent of t eside on the 2th arch, 0;

nt t ished ahar s a ov azet , art | n t arch, 1960.]

dapted nd odif ed. y e aharashtra s daptation f ws tate nd on-

r ent ubjects), rder, 960.

mended by ah. 20. of 1962,

" 31 of 1963. > 6 of 96 . 9 f 974. -2- 975)* 4 f 975t - -1976)* ssa 2 of 197 (16-9-197 ae 31 of 984 - 984)*t ee of - 0-1985)*

9 f 986 - 0-1986)* 34 of 1987 (29-10-1987)* 6 of 988 - 98 )*

7 f 88 2 198 )*£

9 of 98 - 98 )*²

2

=

3:

3

= = =

1

'2

Bombay Homoeopathic Practitioners' Act, 1959 [1960 : Born. XII

Definitions.

2. InthisAct,unless there is anythingrepugnantinthe subject or context,-' ~J*9i~te,d,~~Y" means the day on wMichthis Actco~es intoforce; [, '!."""J"" " '

2' [* *,' ,': ~;' . ,

(4) "By~laws"rh~an~the by-laws made under sectiooc35; 3 [(4.4)"CentralCouncil"means the Centralc.ouncitof~omt)edpathy.consti- 59of tutedunder section 3 of the HomocopathyCentral CounciIA'Ct;';1973j: 1973. 4[(5)"Council"means the MaharashtraCouncilof Homoeopathysr~* *] establi'shed under section 3] ; , '

6[* * *

,*]

7[(8) "Homoeopathy" means the Homoeopathic system of medicine and .includes the,use of Biochemic remedies];

(!l) "Inspector" means an Inspeqtgr~ppointed by the 8[Council]; 9,[* * O'] ,,-'

10[(11) "member"mear;lSi~rrremberofthe Council]; ,

(12) "Practitione'r"t'r1e9As'a practitioner of the Homoeo(>athic 11[SQstemof , Medicine] ;

, (13) "President"means the President ofthe 12[Council];, "

(14) "Recognisedinstitution"means any institutionrecognised~utlder' section 30 for giving instructions in the'cQursesleading to'the,examinations held by the 13[Council]; ,

14[( 14A) "recog~ised.medical qualification" means any of the ,~!g,flJ;Stualifi- i.~,~~.,~~ti9ns}~HOrn()~p.~!gy"jnC,luqed if}th~.Second or Third ~qMgMl~8f~the 59 of , '~~l;pm~~~pji~hY~~1J:a!,G,p'l:Jn9~Act, W73], H', ',') ';'.~je;~'7tfl! 1973 ; (15)' "Register'!meanstheregisterof practitionersprepa~eqeP~~~~ined ' under 15

[

O' * O' ] ^,'."""'

"

".",Fl. ,

(16) "Registered practitioner" means a practitioner whose name is for the time being entered in register; ,

(17) "Registrar" means the Registrarappointedunder section 1~}r (,18) "Regulations" means the regulations made undeli.septiOn~4~f~jr!F';..i~"

. (19) "Rules" meansthe rulesmade under s~ctiorfag;~n"*tx ," .(,,~;

(20) "Schedule'{ me"ans a Schedule appendecfto tn~c~}'1~J; ..,It 16[(21) "Vice-President" means the Vice~PresideHt')'bfth~"eotriClt1,""",.""""

* *

" ',,;" '-", , Clause (2) was deleted by Mah, 19 of 1988, s. 5 (8),

2 Clause (3) was deleted by Mah. 16,of1~88i$.,?,(a):'ht 0, This Clause was inserted by Mab. 190f1~6Iks~~5'

4 This cjausewassubstituted by Man. 16 of4988,'iS,2.,(b);L , '"

5 >The words "andBiocherriic~ we.redeleted byMabb19(of 1988, s.5 (c).

6 Clauses (6)rand f'7)'were deleted bYMali: 1~'Of4988fs,2,(c);. "

7This clause wassubstitutedfortheoriginarltly)MatY190f 1988, s, 5 (d).

8 Thiswordwassubstit~iecffortheword"Court" by Mah.16of 1988,s. 2 (d).

9 This clause was deleted, ibid" s. 2 (e). '0 This clause waS' substiMed for the original, ibid, S.2 (~. \I The words "or Biochemic': were deleted by Mah, 19 of 1988, s. 5 (e),.

12 This word w~s substituted for the word "Board"by Mah. 16of 1988, s. 2 (g). '3 This word was substituted for the word "Court", ibid., s. 2 (h).

14 This clause was inserted by Mah. 19 of 1988, s. 5 (f). '5 The words and figures" section 21" were deleted, ibid, s, 5 (g).

16 This clause was added by Mah. 16 of 1988, s. 2 (J). Definitions.

bay omoeopathi tioners' Act, [1960 : om. II

. — this ct, nles ere is nything ugnant in th bject r context,— (aiepelated day" means the day on which this Act comes into force ; pe geeibe 7

2 [* * ry:

4) " y-laws" means the y-l s ade nder ction 35 ; 3 [(4A) " entral ouncil" eans e entral Council of H moeopathy consti- 9 of t d u er cti n f e omocopathy entral ouncil Act, 1973]; 908. 4{(5) "Council" eans e ahar shtra ouncil of omoe pathy [* * *] l shed nder ction ] ;

Sl tL F

* * s]

7((8) " omoeopathy" eans the omoeopathi em of edici and includes the use of Biochemic remedies] ;

(9) "Inspector" means an espe mppomied by the {Council} :

#Cemue

'[(11) "member" eansa pinratiee of the Council] ;

(12) "Practitioner" means a practitioner of the Homoeopathic "[System of ~ edici ;

(13) " resident" eans 5 the resident of the '*[Council] ;

4) " ecognised n titution" eans ny stitution ognised-under t 0 for i ing o in co leading to'the:- exam ions eld y e '[Council] ;

"1 4A) "recognised medical qualification" means any of the medical qualifi- cations: in Homoeopathy, included in the Second or Third Schedule, to.the ae 'Homoeopathy-Gentral Council Act, 1973] ; 873.

( 15) "Register" means the register of practitioners prepared and maintained nder *° * * 4

6) " egi racti on " eans a racti on hos n e is 'or the time eing nt in gi t r ;

7) " egistr r" eans egistr r a pointed under cti n185

(18) "Regulations" means the regulations made under e

(19) "Rules" means the rules made under section 33' ' (20) "Schedule" méans a Schedule appended to theAdts' '6(21) "Vice-President" means the Vice-Presideitt of the' Soham, ' l (2) as l by ah. 19 of 988, s. 5 (a).

2 l use (3) as eleted y ah. 6 of 19 8,.s,.2. ... 3+ This l s inserted by ah. 19-0f 1988s. 5 (b). . * This clause was substituted by Mah. 16 of 1988,'s.2 (b)..- >. 5 sThe words "and io h mic" were deleted by Mah: 19.0f 1988, s. 5 io Clauses (6) and (7) were deleted by Mah. 16 of 1988, s. 2 (c). a was subs i uted for the o iginal' by Mah: 19 of 88, s. 5 (d). This word was substi uted for e ord " ourt" y Mah. Tea Ss. . his se as eleted, id., . ).

his cl as st tuted r ri l i , s. (h.

he or "or i hemic" ere eleted y ah. 9 f 98 , . e). ® his ord as bstit ted r e ord " oard" by ah. 6 of 98 , . Q). This ord as ubstit ted for the ord "Court", ibid., s. 2 (h). his se as erted y ah. 9 f 98 , . A.

he ords nd g r s " ection 1" ere eleted, id, . ). his l se as y ah. 6 f 98 , . ).

>

S

e a e a x n a

S

A

R

G

2

1960: Born. XII] Bombay HofJIoeopathic Practitioners' Act, 1959 CHAPTER"" .

CONSTITUTION, Fl,INCTIONS AND POWERS OF THE 1[COUNCIL]

3

. "", , 2[3. (1) (a) On the date ofcomni~nc:em.entof the Bombay Homoeopathic and Mah.Biochemic Practitioners' (Amendqlent) Act, 1985, a Council to be calt~9 "The ~~~~f Maharashtra Council of Homoe.C?t:>~thy3[* * * '1'shall be deemed to .have ~en

. established. ' , . , ' . " " '; .:

(b) The Council shallbe.a,bo<;1y corRoJate b¥,~h~ name aforesaid, and have , perpetualsuccessionand:a..,commonseal,.with,.powerto acquire,hold and, , ., ~ ,. , . dispose of property and tocontractand may by.J~e'.said.naf1le sue and be sued.. '" . . "~., A' ','

(2) Notwithstanding anything contained in sectiol1:i~~,jO~i3,.~;roP!:,any other' provision~ofthisAct,-.- , ' , ,~i'

(a) the StateGoVernmentmayappointany personas anAdministtai()'~Ader this section to exercise all the powers and perform atl the duties of the Council established under sub~section (1-) during the period he holds office of th~ Administrator under sub-section (3) ;

, (b) without prejudice to the provisions of clause'(a), on and with effect from the date of thecommencementofthe.Bomt:Jay+fomoeopathic and Biochemfc d""'"

Practitioners' (Amendment) Act, 1985, the persons appointed under'sectiOrr36:€'1:.~:~, ' to exercise all the powers and perform all the duties of the Board or the Court and holding office immediately before such commencement date shall be deemed to have been appointed as an Administrator and he shall exercise all the powers and perform all the duties of the Council established under sub-section, ( 1) during the period he.holds off!ce of the AdministratOr under s!,JD-section(3). ^.

(3) The term of office'of the AdministratorfUrictioning under sUb-section(2) shall expire on the day immediatelypreceding the date on which the first meeting of the Council is held, after erection of the members, under clause (a) of sub-sec~j(:>n (3) of section 40-

(4) The Administrator shall be paid from the fund of the Council such ,salary and allowances as the State Government may from time to time determine: ] . . . 4[3A. ( 1)The Council shall consist of the following eleveA members, including Constitution thePresidentandtheVice-President- ' . of Council, ,

(a) the Deputy Directorof Homoeopathy,ex-officio; , . .

(b) four members notninated by the State Govemment, from amongest persons having special knowledge or practical experience in respect of Homoeopathy , 5, [* * *] ; ,

, (c) threememberselectedbyregisteredpractitionerswhosenarryesareentered in the register maintained under section 20, from amongst themselves';

. (d) (I) one member elected by the Principals or' Heads' of recognised institutions, from amongst themselves; and . y .'

1 This Wordwas substituted for the word "Board" by Mah.16 of 1988,5.3.

2 This section was substituted for the original. ibid., s. 4. ,

3 These words" and Biochemistry" were deleted by Mah. 19 of 1988, s. 6. '

4 These section .was inserted by Mah. 16 of 1988. s. 5.

5 These words,"'or Biochemistry" were deleted by Mah. 19 of 1988, s. 7 (8). Mah.

XVI of

1988.

J.:f_'1o;:no;:-'1 Establish-

ment and

incorpora-

tion of

Council; and appointment

of,Adminis-

trator.

60 : om. I ] bay omoeopathic r tioners' Act, 959 3 : | P II .

~ onstitution, uNcTIONs ND owers F HE ' ouncit] 2[3. (1) (a) On the date of commencement of the Bombay Homoeopathic and Mah. " Biochemic Practitioners' (Amendment) Act, 1985, a Council to be called 'The eS of Maharashtra Council of Homoeopathy? [* * *"] shall be deemed to have been

"established.

(b) The Council shall be.a body soraiate by the name aforesaid, and have erpetual uc ession nd.a common eal, ith power to cquire, old nd i of r pert nd to co a and ay the said me e nd e ued.

(2) ot thstanding yt ng ained in cs 36..or, am or any - provisions of this Act,--- Tiss Prac

) e tate overnment ay ppoint ny erson s n dmin strator under i cti erci l e ers nd er il e uti s f ouncil st l sh nder b-secti n 1) uri g eriod. e olds ff of e dministr der b- ect ;

. ) it out rej dice e rovisi ns f l use a), n nd ith f ect o e ate f comm em of the Bombay: H m eopathic nd i i Establish-

ment and

rpora-

tion of

ouncil, nd

ppointment

f dmin s-

trator.

Mah. —_ Practitioners' (Amendment) Act, 1985, the persons appointed under section 36 ... - a to xerci all wers nd r all uti of e oard r t e Court

'and oldi g f i e mmediately efore ch mencement ate hall e ed

ve en poi t s n dministr t r nd e hall xerci e ll e ers

nd er all the uti s of the ouncil st l sh nder sub-secti (7)

during the period he holds office of the Administrator under sub-section (3).

(3) he of office of the dmin strator uncti ning nder ub-section (2) shall xpire n the ay mediately r ceding the ate on hich the first e ting f e ouncil eld, fter lection f e embers, nder l se ) f tion ) f ct on ..

4) e dmini rator hal e ai om of ounci salar - ow nces s e tate overnment ay me me etermine. ] . 4[3A. (1) he Council shall consist of the following eleven embers, including the President and the Vice-President,— -

: (a) the Deputy Director of Homoeopathy, ex-officio; _ - :

) ur embers minated y e tate overnment, o ongest r ons Constitution

of Council.

aving pecial owledge or practical xperience in spect of omoeopathy . 5 [* * *] :

* (c) three members elected by registered practitioners whose names are entered e gister aintained nder ection 0, o ongst h sel ;

a) i) ne ember l ct d y e ri ci als r: eads' f gnised institutions, from amongst themselves ; and y ' his word as ubstituted f r t e ord " oard" by ah.16 f 98 , s . 2 his ection as ubstituted r e riginal, id., s. 4. ° ese ords " nd i mist " ere el y ah. 9 f 88, . . * hese ection was erted y ah. 6 f 98 , . .

5 hese ords "or i chemistry" ere eleted y ah. 9 f 98 , s. a). H-98NE_9

3

,.'

, ,

',n ' ,', "

'jj

~'O-~':

"", , ,"

(if) two memberselectedby the teachers( other than Principalsor Heads) of recognised institutions, from amongst themselves, who are registered practitioners possessing l[any of the recognised medical qucdi-, fications] and are engaged in teachin~p[in the'Homoeopathic system of] medicine' , in any (ecOgnised institutions for a period of not less than two years immediately

".precJ~~g,thefd,y'fixed for the nomination of candidates for such election:

, , Provid~dthat, the members to be elected under sub-clauses (J}and (if) shall -be pen~ons other than those nominated or elected under the preceding clauses.

(2) If at any election the electors fail to elect the requisite numbers of , membersto the'Council,'theStateGovernmentshallnominatesuchregistered , practitk>nersas it deems fit, to fill the vacancies whiGhremain unfilled after the electio{1.; and references to elected members or election of the members in this Act shall be construed as including references to members so nominated or such nominationofthemembers- ' .

(3) The President and the Vice-President of the Council shall'be elected by ,;, the members of the Council by pallot, from amongst themselves. ] ... Time;place; 4. (1)3[(a)] The ele9tionof -members under 4[section3A]shall be'held at ot~?=:,.SUCh ti~eand at suChplace^andinsuchmanner^asmaybeprescribedby rules. members, i\ ,,/'-tX; '\' ,

8[President

and Vice- '". -

. ' President], 3[(b) If any dispute arises regarding any election referred to indause (Ff)it shall be referred for decision of the State Government, 5[within thirty days from the date

" of !he election] ~nd its d~9i~ion.shall,befinal]. , "

;, (g)~c,:TheReglstrarshall, at-I~ast three months before the date,fl~~p ,for the .,election of the 6[Council;] cause to be printed and published a,correct list of {the name and qualifications of all practitioners for the time being en~jedin the ,registerandthedateswhensuchqualifiGationswereacquired. i ,I',

. 7[(3) (a) Within seven days after the nomination andelectionof m<~mbersunder the foregoing provisions, a meeting shall be called for the electiot) 91th~ P!~~ident and Vice-President on such date as the Deputy Director of Homoeopathy may fix.

. fiSuChelectionshallbe'byballot. , . :'j; .,f" , .~. . (b) The meeting called under clause (a) sha.llbe pr~~;i?ed ov~~,bYJhe ~eputy , ,~Dlrectorof Homoeopathy, and he shall have the fight to "ote~ .The'Deputy Director , presidingoversuch meeting (hereinafter referredtcrinthis section as .. the Presid- ,jng Officer") may, for reasons recorded in writing whictl inhis:opinion are sufficient, refuse to adjourn such meeting, or as the case mayJ>e, adjourn such meeting. , 1 These words were substituted for the words" any of th~ ql,lalifica~ionsspecified in the First

. Schedule"by Mah.19of 1988, s.7 (b)(Il. . ,

2. These words were substituted'fo'r the words" in an{of the systems of Homoeopathicor Biochemic"; ibid., s~7 (b) (il).. '

3 Section 4(1) was renumbered as clause (a) and clause.,{b) was inserted by Mah. 42 of '1975,s.2..' '

<:' 4 This word, figure and letter were substituted fer the word and figure "section 3" by Mah. 16 of 1988. s. 6 (a) (il). '. '

5 Thesewordswere inserted,ibid, s. 6 (a) (I). , 8 This word was substituted for the word "Board". ibid., s.6 (b).

. 7 ,These sub-sections were added, ibid., s. 6 (c).

. These words were added, ibid., s. 6 (d). ;' ..I

'"

~.

.".',,'

",,', -'

ra

ae

) o embers l cted y e chers t er an ri cipals r eads) f i n tu ion rom ongst h sel s,

ho r i ct ion ssi '[a f e i edical uali-_ ica o ] d r ed e g "[ in H oeopathi edici 'in any recogni n tution r eri f ot e s n o ars m ediat l eding the'day fixed for the inat of i for h e ion :

' r vi ed th t, e embers e l ct d der b-cl uses j nd if) hall ~ e rsons r n nated or der i s.

) If t y o h il l ct h ui i e ber f

-. embers e Council, e tate overnment shall ominate ch gistered '= r ctitioners s t ms it, fil e cancies hich ain nfil d fter e Foe, =

"+ Time, place. is and manner of election of ~" President,] - embers,

{Presi ent

and Vice-

election ; and references to elected embers or election of the e ber in this ct hall e st s n u n e en embers o i at r ch

omination f e embers.

) he resident nd e i -President f e ouncil hall e elected y the members of the Council by ballot, from amongst themselves. }

. )*{(a)] he l ction o members nder '[ ection A] sh l . e ' eld t such time and at such place and in such manner as may be prescribed by rules. {(b) f y i t r s r i y l t claus a) hall

e r ecisi f e tate overnment, '[within i ays o at

_ . of the election] and its decision shall be final]. -» (2)-The Registrar shall, at least three months before the date fixed for the election f e *[Council,] use be pri ted nd ubli ed rrect t f , the e and qualifications of all practitioners for the time being entered in the register and the dates when such qualifications were acquired. 7[(3) (a) Within seven days after the nomination and election of members under the foregoing provisions, a meeting shall be called for the election of the President d i t ch ate s eputy i ct r of oeopat ay .

Such election shall be by ballot.

(6) The meeting called under clause (a) shall. be presided over by the Deputy

"Director f omoeopathy, nd e hall ve r g t v e. - T De y ir ctor _ Pr siding ver ch e ting ereinafter f r ed oin is ection s "t e resid-

"in f i er') ay, r ns in ri n hi h in h o n on r uf i i nt, j r ch e ti r s e ay.be, j r e ti g.

" » These words were substi uted for t e ords " any of the qualif cations specif ed the First ' chedule " by ah.19 of 98 , . 6) A.

> at These words ere ubstitute f r words " ny o t e tems of oeo hic

L

i e faa §

Bo > 423 i ", id., 8. 7 (b) (i). : Me ae * Section 4 (1) was renumbered as clause (a) and clause (b) wee tee Oy Mate 5S "Ts TS. 1975,s.2. . = < 4 This word, figure and letter were substituted for the word and figure "section 3" by Mah. 16 "of 1988, s. 6 (a) (i). * hese ords ere n erted, id, . ) i).

his ord as bstit t d r e ord " oard", id., . 6 ).

These b-secti ns ere dded, id., . ).

ese ords ere ded, id., . ).^e

n

o

a

4

1960 :'Born.' XII], Bombay Homoeopathic Practitioners' Act, 1959 , This word was subs1i!utedtor the word "Board" by Mah, 16 of '1988, s, 7 (8) (f), .: These words. bracl(if). '

:' This sub-ser,tion was added, ibid.,s. 7 (b).

" This word was substituted for the word "Board". ibid.. s. 8.

0 This sub-section was substituted for the original, ibid.. s. 9 (a). , This word was SUI)stitutedfor the word "Boerd ", i!Jid., s. 9 (/k This sub-section VIas substituted 'for Hle original. ibid., s. 9 Ie). . .',

---'f~

00if:

o~J

-;~I~'0 ..;1

5

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J( .-

"

_.~> ~

0,,'.,. ~'" ~ ~

t.

'f .~ 60 : om. il]_ . mbay omoeopathic itioners' ct, 959 5 |

(c) If in the election of the President or Vice-President, there isan perviel of:

votes, the result of the election shall be decided by lot to be drawn i inithe of the Presiding Officer, in such manner as he may determine. ;

(d) In the event of a dispute arising as to the validity of the election of a President "

or Vice-President, the Presiding Officer may, within thirty days from the date of the » election, refer the dispute to the State Government for decision. The decision of * the State Government in such dispute shall be final and conclusive and shall not -._ 6 be questioned in any Court. _ ; wee 5

(4) The election of the President and Vice-President on any 0 occasion other + 1m than the one referred to in sub-section (3) shall be held before the expiry of their » % term or soon after the occurrence of a casual vacancy in the office of the President © #84 or Vice-President and in such manner as may be prescribed by rules] .

5. - (1) Save as otherwise provided by this Act, the term of office of the mem- Siac bers whether elected or nominated, shall be for a period of five years commencing * Zomce, Se p

2

from the date on which the first meeting of the '[Council] is held 2{under clause (a) ; Mg of sub-section (3) of section 4.]. a

(2 The term of office of an outgoing member shall be deemed to extend to and | a expire with the day immediately before the day of the first meeting referred to in © & : °

"sub-section (1). $e pe: ee

(3) An outgoing member shall be eligible for re-election or re-nomination. q ao ae 3(4) The term of office of the President and Vice-President shall be for a period * é * of one year from the date of their election as President or Vice-President, as the .. Bete ai, case may be : e% e

Provided that , at no time the term of office of the President or Vice-President : aes shall exceed the term of such President or Vice-President, as a member.] t 1a

6. Notwithstanding anything contained in section 5, the State Government 4 xt may, by a notification in the Official Gazette, extend the term of office of the period of members of the "[Council] for a further period not exceeding one year in the aggregate. ~ Somes es

7. 5[(1) Any casual vacancy, prior to the expiry of the term, in the office of the .Geaual = President or Vice-President cue to death, resignation, removal, disability or grecencies:

disqualification of the Presicent or Vice-President or any other reason shall be :

filled by election.] 2 Sh

(2) Any such vacancy in the office of a member of the*{Council] nominated by » * the State Government shall be filled by nomination. '

71(3) Any such vacancy in the office of the member of the Council elected by the # registered practitioners, or the Principals or heads, or the teachers, of the recognised = .- <. institutions, shall be filled by the State Government by nomination of a person from >. :

a panel of three registered practitioners, or the Principals or-heads, or the 4 = teachers, as the case may be, by a resolution of the Council recommended bya * resolution passed by a majority of ail the then members of the Council : Res, iy

ot

' his ord as ubstituted for the ord " oard" by ah. 16 "1988. s. 7 (a) (i). :

° hese ords, r ckets. et r d g s ere ubstituted r e words " ft r e l cti n z f e embers nder ct o 2", id., s. a) i).

* his - ct as dded, id., . b).

* his ord as ubstituted for the ord " oard", ibid.. s. 8.

~ his b-section as bstit t d r e ri inal, bi .. s. ).

* his ord as substi uted r e ord " oard ", bid., . b).

his on was bstit ted for the ri inal. id., . fo). -

Ra l

e

e

Li

,

e a a fa me d

M

a t e r -

.

g e t ass

5

6 Bombay Homoeopathic Practitioners' Act, 1959[1960: 80m. XII

Provide<;lthat, ifthe Council fails to pass such a resolution within,a period of thi~~x~-t~~he date of ~~urrence of ~h~vacancy, the State Government may appotQ.tI~QY ~egl

.

ster

.

.

.

ed.practltloner,or Pn~~lpalor heads, ~rt~acher, as the case , may'~ei'tofillt~~y~oancyand the practltlon~r,or the ~nnclpalor head or the teachets() appOIntedshall, for purposes of thiS,sub-section be deemed to have been duly nominated,].', ' , ..' ,'c," !, ',. .

(4) Any'person nominated dr elected to filla casual vacancy under this section shall, notwithstanding anything contained in section 5,hold office only so long as the per;son inwhose place he isnominated or elected would have held'Office, ifthe. vacancyhadnotdccured. " . ' ,.~'.., ,

Resignation- 1[8. ( 1) A nominated member may at any time resign hi'soffice:by a notice in writing to the Sfute Government. Arl~lected member may at anytime resign his' officeby a notice inwritingto the President. Such resignationshall take effect from the date on whichthe resignation is accepted by the State Government, or the President, as the case may be., "'/! ^,,.,

(2) The President or the Yice.PresidElnt may at any time resign his office,by a notice in writing to the State Government. The resignation shall takeeffec.t from , ,the date 6$¥P.Jc.I:J,.su.~hresignati?n Is accepted by the State Governm,ent:] . ' Disqualifica-.>">J(t.t. (1) Nooperson, - ' .

tionand ( ) h

.,

d '

h d

'

I

d^'

b ^'I'.,,- a w 0 ISan un ISCarge Insovent;lsa II'T" , , (b)who has been adjudged to be of unsound mindby a compet~ntCourt ; '(c) whose name has been removedfromthe register; or ^',

(d) who is a full time officer or servaritof 2[the Council] ; 31*'*'*r. .' shall be eligibleto be elected orhominated or to continue to be a member:

.;)"'1';;..'.11~1, y

member-^"':c.. ~.."(ti",^",,-\'1 , '.. 'c-0.-". .1 , , (a) absents' himselffrom three Con~\6'uf4¥e ordinarymeeling~ofthe 4[Council]without such reasons as may, in the 'opinion of the State GQ"etnment inthe case ofthe President, 5[andme Vice-President]and intheopiniorrofthe 4[Council]inthe case of any other member, be sufficient';or . . ,N",' '.

(b) becomes or is found to be subject to any of the disqballfications mentioned i"sub-section (1), ^".,.

the State Government shall declare his officevacant. .

(3) The State Government may, on the recommendatior,'ofthe 6[Councill supported by 'at least two-thirds of the whole number"of memb'ers,remove any member elected or nominated under this Act, if such membernas been guilty of misconduct in the discharge of his'duties, asoa.me-mber!or of any disgraceful conduct or has become incapable of performing his duties as a member:

, Providedthat, no resolutionrecommendihgthe removalofany members shall be passed by the 7[Council]unle'ss the member to whom it relates has bee.n given a reasonable opportunity of showing cause why such recommendation should not be made.

;. '"

1 This section was substituted for thepriginal by Mah. 16 of 1988, s. 10,

2 These words were substituted for the words "the Board or the Court,., ibid., s. 11 (a),

3 The word "or"was deleted by Mah. 19 of 1988, s, 8, -

4 Thiswordwas substitutedforthe word"Board"by Mah.16of 1988,s,'11 (b)({

5 These words were inserted. ibid., s, 11 (b) (i/), -

6 This word was substituted for the word" Board" ibid" s. 11 (c),

7 This word was substituted for the word "Board", ibid., s, 12 (8). esignation.

Disqualifica- ©

disability;

, bay omoeopathic itioners' ct, 9[ 960 : Bo . il d at, f ouncil ils t ithin a eri d f

thirty days fromthe date of occurrence of the vacancy, the State Government may appointahy registered practitioner, or Principal or heads, or teacher, as the case may be, to fill the vacancy and the practitioner, or the Principal or head or the ' e er so pointed all, r r oses f is b-section e ed ve

en y nated.] ..

(4) ny inat or elected to fill a casual der this section al , i an ng yt i g t , ho ffice nly g s the person in whose place he is nominated or elected would have held office, if the ncy ha not o cured.

'( (1) nominat ember ay t me is ffice y ti

riti g to tate over ment. nelect ember ay at y tim his:

ffice y t in riting e resident. uch nation all e ff ct

ro e ate n hich e i nation i s t y e tate overnment, r

resident, s e se ay e. .

) e r Vi e- dent ay t y me is ffi e y

ce in riti g to t t over ent. he g shall e fect

the date oniwhich such resignation is accepted by the State Government.] '9°. ) operson, — id

a) ho is an discharged i lv t ; ) ho as en ged e f und ind y compet nt Court ; ' ) hose e as een oved e i t ; r ) a ull me ffi er r nt of [t e ouncil ; *[* * *] __ S al e l ible e t d r n inated or to nti ue e ember.

"(2 ttanymember— vw

(a) sents himself m three consecittive cian meetings of the [Council] ithout h ay, in pinion of the avernment in e se f e resident, ' d the ice-President] in e Opiniort of the [Council] n e se f y t er ember, e f icient; r ) es r s nd - e bject y f e i ualifications

enti n su t 7),

e tate overnment hall eclare is f ice acant.

) he t t over ent ay, n com endat n of the [Council] r y at st o-thir s f e hole ber f embers, remove y ember r inat der is ct, if ember has uilty f

misconduct in the discharge of his duties as a member or of any disgraceful uct r as l f i g i uties. s ember :

rovided at, o olution mending e oval f a embers hall . e y e [ ouncil] nles e ember hom it s as een i en

portunity f ing hy h ecom endat uld ot

be made.

' his ct as bst for the origina y ah. 6 of 98 , s. 0. ? hese ords ere bsti for e ords "t e oard r e ourt, ", ibid., s. 11 (a). The word "or" was deleted by ah. 9 f 98 , s. .

* This word was substituted for the word "Board" by Mah. 16 of Sae8, s. 11 (b) (). 5 hese ords ere serted, bid., . 1 (b) (i .

® his ord as bstituted or e or " oard" bid., . 1 (c).

7 his ord as bstituted for t e ord "Board", id., s. 2 (a).

6

- l1J.~t;fI~rna.(U]Bqmbay Homoeopathic Practitioners' Act, 1959 , 10. (1) The meetingsof the '1[~uncil) ~h,allP~iG()l)v~ned"heleand conducted in such manner as may bepr~J?Rf!be~:L.!?YljJlf3s., :, .:; , " , 2[(2) The Presiden~,jf,pres{t1!l41~~allpresip~

at~ve,¥;.meetiQgof t"eCQuncii. If ,~t anyweeting th~ Pr~sic;1~nll~~9~ftf}t,'hen ithe,Yic~jPr~mident~ anq In. the. ab- sence of both, some other l1;1emberejected by the memDerspre~em~IfRI1J~pt:)gst th~m~;~I'Y~is,;~qallpr~s~~I~)§\fS~ffi.eeJl~.)" . A;. 2;,hi;;;( c,(," '

(3) All questions at ameetirQ of the 3!G9unc!l] stjall be decidec;j,b)'(mey'pt~s of themaj9rity of the m~;'1;! , ,#~il} ;I)g,at,t~,e meeting. , 4[(1) Tqepr~~!

(5) 5[Six members;oHI1~;C()UDCil iool\{qt(lQ., "', ,..c;1 YJce.-Pr~~ident] shaIJ}o~rn ~HYJ?fiW1'~J1~n;a,g~orum is f,~~ujre.~Jw,,' , 'ding .au~hQf!ty,~9a,U,~<;Ij%ltn the.me~ting to,,~jJch houq~1) tEi ~; ^'"Jher

future day as it may notify and the business which would have bqe'1",.tWJ9ht befprei;theH~~ilJ~1 J;TJeetinghad, th~re b~en a quorum threat, shall, be brought y beforeJnE!~<;Ijourned meeting ,~d,may be disposed,of at such meeting or any sub~eHH~ntfi,qjournment thereof, iwhettl~r there,bea quorum,present or nOt. ,11.' q~:~~t\e proceedings()f~Y~!'Y..;ni~,\i~' , .,' 7'" 9ynpi( . all be treated as C?nfi<;l~r!1afaJ1dno persQnspSiIl,.

~t~~9Hl~9~¥""t~ '" ,i ' 'Jf9 ,.9!-1"7i1]' dlscloseanyportiortt~ere()f:..' ,,' ..","'.' "'i"'." ,', ,.'.'.".".".'.'.. ,..F~", ProVided (hat: nothinginthis~ecjio~:~h~1Ibe de,erriedto'p~Qhi61t~W{pe~QiC~om di~c'9siI1Q,

orpui:>lishinQ;!hetext ()f any resolution passed or 9Qnsideredby the 7[Council] unless the 7[Council] directs S4ch resolution to be treated as confid~ntial. ,(4) ,N9"gisqualificatipn of ordet~t in.th(;}.electioq, nomination or appointment of any person as a member or as the President 8[or as the Vic~-Presid~nt] ,or as a presiding authority

of ~ meeting stTallpf itself be deemed ~o vitiate any act or proc~~diQ.Qs,0t.the,,9[C9~P?U]!rwhich slJch,~.~rson has taken part, whenever the majority of p~rson, parties to such act or proceedings, were entitled to vote. , .(~ :pu'fin'g':i~~~~q~9yiD.Jhe 10[CoungilphLe'conthluingmembers "lay act as If novacancy haa occurreo,., , ' , '; , '~

11[12. There shall be 'paid to'the President, the Vice-President and other memi:>ers of the COUl)ci(and,to the members of thepommittees, such fees and allowanGe's for attend~pp~at meeting, anl;j,~uGh t~ayelling allowancesCi,s may from time to time be pre_scribedby rules.]. ',' " ," , , , 12[13.(1) The income',ottheCounCilshallconsistof,~

(a) fees receivedfrom the practitioners;

(b) fees,receivedfromthe,exc;lminees; ,',

1 This word was substituted for the word "Board"J>y,Mah. 1'6.01 '1988,s. .12 (a), '

2 This s\.lb-section \'I~~ substitutAdfor the orjgin~I., il;Jid., $. 12 (b).

3 This, word w~s $Ubstitu,teo fQrthe word "BofiJrc;j", ibid" s.12(c). 4 'This s~b-seCtion'was$ul:>stitutedfor the Original, ibid., s. 12 (d):' "

'5 These word was Stibstitute

5 This wordwassu\)stitutf)dfo[)V'lewqrd "Board,", ibiq~"s.t~,(~.,

7 This word wa~ substituted for the word "Board", ibid:, s. 13,(,). .

" These words were,ins,e(ted, iqid.,s.13 (b) (I). ;, ' ~ This'wQrd was substituted Jor th~jwQrd "Board", ibid.,. $;13 (b) (it).

10 This wordwas substitutedfor the word, "Board" ibid" s:13 (c). '

" ,This,section was,suQS,tituted,for ftle Origina~"ibid." s',,14. 12'This sectionwas substitutedfor the Original.ibid.,s. 15.

,

7

Meetingsof the'

"[Council). Proceedings ,of meetings' and validity of acts,

Feesand

allowances for meetings; Income and expenditure of Council. 1960,: Bom. Xil] Bombay Homoeopathic Practitioners' Act, 1959 .

0. (1) he e tings of e '[Council] shall be. convened, eld nd nducted c lle? of in such manner as may be prescribed by rules,

*{(2) The President, if present,.shall preside at every meeting of the Council. If "Cound. at any meeting the President is absent, then the Vice-President and in the ab- ence of both, some other member elected by the members resent, from amongst themselves, shall preside, at such meeting,]

(3) All questions at a meeting of the Council] shall be decided byt the votes of | the majority of the members present.and voting at the meeting. '4(4) The presiding authority at sraneing shaltpave and exercise a second or a casting vote in case of an equality of votes.}._

(5) {Six members of the Council including the President and Vice-President] shall form a quorum. When a quorum is required. bh on rietpetngbe oe presiding — authority, shall adjourn the meeting to such hour on the fol -other future day as it may notify and the business which would ss been brought - before the original meeting had there been a quorum threat, shall be brought . before the adjourned meeting and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present or not.

11. (2). The proceedings of every meeting. of the: [Council] shall be treated as confidential and no person shall, without the previous permission of the bowen:

disclose any portion thereof : Gare

Provided that, nothing in this section shall be deemed to prohibit: any, person 'from disclosing or publishing the text of any resolution passed or considered by the 7[Council] unless the [Council] directs such resolution to be treated as confidential. r ceedings

-of me ti -

d validity

of cts.

(2) No.disqualification of or defect in the election, nomination or appointment of any person as a member or as the President or as the Vice-President] or as a presiding authority of a meeting shall of itself be deemed to vitiate any act or proceedings of the [Council] in which such person has taken part, whenever the majority of person, parties to such act or proceedings, were entitled to vote.

. (9) During any, vacancy in the "{Council], the continuing members may act as if no vacancy had occurred,

"[12. hal e pai to the President ice-Pres d t er members of the Council and to the members of the committees, such fees and . allowances for attendance at meeting, and, such travelling allowances as may from time to time be prescribed by rules.].

' 213. ) e of t e Council hall onsist f —

(a) s ei ed o e r cti ion ; ) es ceived o e examinees ; ' This word was substi uted for t ord "Bdard"-by-Mah. 6 of ©1 , 22 @). ? This ub-section wa substit e for the original, ibid., s. 12 (6).

3 This wor was substi ted for the word "Board", ibid., s. 12 (c). * This sub-section was substituted for the Original, ibid., s. 12 (d). ' 5 hese ord as su ti uted for t e ords " igh members dluding. President ", id., S. 12 (é).

© This word Was.slbeltuled (cc the ward "Board ibid., s. 42. (f. 7 his ord as ubs ituted for word "B d " ibid: s. 13: (a). ® These words were-inserted, ibid., s. 13 (b) (i).

® his word as bstit t d for t e word " oard", b , s: 13 (b) (i.

" This ord as ubsti uted r e ord, " r " id., . 3 c).

. " his. ecti n as substitu ed for the Original, ibid.,.s. 4. . ** his ection as ubsti uted r the. riginal, b d .15. ees and

l o ances

' r meetings.

" ome and penditure of ouncil.

7

Powers, duties and , functions 0 of CouncIl.

BombayHomOeopathicPractitioners'Act,195!1 [1960: 80m. XII

(c) any other fees collected by the,CounCiI; , (d)gra..~!~ived ftomthe State Govemmenf;;,,(i , , (e);d6t1Jt1oK~a'ndanybther sums received bythe:Cou/1cil. , (2)"lf$hahbe competent 'for'the,Council'to incur ex~endlture for'th~ following purposes, namely:~ . .' , ," '-," '

(a) sal~rie~and allOwances of the Registrar and 'the:Staff including the Inspectol'iappOirifedbythe'Councii; , 'of 'it< '

(b) fees'andallowancespaidtothernemberSoftheCouncil,its~mittees;' , (c>"'remuneration paid to paper setters, examiners, moderators and other persons appointed by the Council for the conduct of examinationP' ,.,. c~, (d'Jotherexpensesfortheconductofexaminations; , i.' 0

(e) suC;hoth~r expenses as are necessary for performing'itllftities' alie:t functions urider thisAct; rules made-thereunderorthe regulationsbrlby-laws made by the Council]. " ' '," ,y'ti{

1[14: 'Subject to such conditions as may be prescribed by or under theprovi- - sions of this Act, the powers, duties ~ndluncti~ns of the Council shallbe,u:::.~ '

(a) to provide for regIstratio;1 01 practitioners and to maintain !tie ~iSt~t;"

"':~f){~t )?}~a('!'S!.~~l~~l1~~~als'frc>~ an~ decision of the Re,gisti'af;.~. ',2. , (C). fo reprimand"a registered practitioner, or to suspe,nd or rernoveo~~I']'I'I1),m the register or to take such other disciplinary action against him as ma}t;'irrihe opinion of the Council, be necessary or expedient;

(d) to hold examinations, to make all the necessary arrangemerit;\()(is~h

.

examinations andto charge fees therefor; ... (et tg2[ * * *] conduct the "courses of training leading to the exsrifini!tions 'hekfb\(tt1eCounc,j. ,: " , . .,'t " f

's! ' 0 '

""(~.,0~gr~'nf8~rees,di~lo",ai;~lI'\t1,m~rksof honour;-" , 0'0 ,'h.. ,(g) tt>'awardstipends, scholarships, medals, prizes and other~aids~ J

. (h) to,recommend rec()gnition of institutions for the purpose (Ww.YID9~1~~ structions for the courses leading to the examinations held by the'~uli~i~ ~r to recommendthecancellationofsuchrecognition;"<~"1.,, , L. , , " " '

,3[***] , ,', '".:

(j) tp prepare, publish and prescribe text books,. and to Rubiis.te~~~~rn~~.t~ 4[of courses of study prescribed by the C,entralCouncil];"" ,-u.J',- it, 0 '0' 0 ' 0 , 0 0 0'" ,., -;" , 0 y" '

(I<) to provide for the maintenance of an adeq4ate staridard'ofp(ofiClepcy for. the practice of Homoeopathic 5[systemof medicine]; -7". ~, (~ to found and maintain libraries; , " J :il ,; f) \, H" "

(m) to recommend and' promote schemeS,Jdi'post1.:gr4duateitraining and .research in Homoeopathyand Biochemistry; 11 1(1'-",1;;<; ,

(n) to provide for the inspectiOngfrecog'l1i~~l~~t~io,nor any other institu- tions giving instruc~Oi;l~ for any 8f~'the fe6qg~,~eocrriretfiAAI qualifipation]; and to require s.uch iostlt.utionstp.furr1lsl1 slicl},infprmationas' may be necessary; .

1 This section was substituted for the original by Mah. 16 of 1988, s. 16,

2 The words "Prescribe'and", were deleted:byMah, 19 of 1988, s, 9 (a).

3 Cla,u~e(~ was deleted,ibid.,'$. 9 (b). ' . .

4 These words;were substituted for the words ,"of prescribed courses of study", ibid., s.9 (c),

5. These words were substituted for the words "and Biochemic systems Of medicines ", ibid., s, 9(0). 0'

s These words were substituted for the words" the qualifications included in the First Schedule", ibid., s. 9 (9),'

,

Ii

,

8& | Bombay omoeopathic a tioners' A 1959 60: Bo . il ) y r l e e y cil

(d) grants received from the State Government ; (ey ' flations and yother s ei ed y th Council. )'It shall e competent for t e Council to ur xpenditure r' e o i g purposes, amely : —

) alaries a o ances of e egistrar d e' Staff n l ding pectors ppointed y e ouncil ;

) es' nd al ances paid to m ers of e ouncil, Commi t es . ) uneration aid per t ers, aminers, oderators d t er r ons pointed y e ouncil r é nduct f mination; =~ ) ther penses r e nduct f xaminations;

ch t er enses s re ces ary r rf ing its dead nd ' cti ns nder is ct, l s ade heroaer r th ulati ns or Py-t ade y e ouncil].

Powers, —_ 1 4. ct ch ndi on s ay e be y r der prov - - functions of 20NS of is ct, e wers, uti s and fun o of e ouncil hail ,— ouncil. ) de registr on of itioners ai n th register; .,_.{0)- to. hear and decide appeals from any decision of the Registrar; (¢} to m a i r cti o r, or to uspend or move him from t e regist r r a h t er i ina y t ai st s may, nth i f ouncil, e r pedient;

a) l inat ake l r an entiof such :

aminations nd arge s erefor; :

) o* * * uct ourses f ra n n e examinati held by the Council;

'(f to grant degrees, diplomas and marks of honour; - ) o award p nds, holarships, edals, ri s nd t er ewards," !

(h) to recommend recognition of institutions for the purpose of g in- structions for the courses leading to the examinations held by the C or to mend e ancellation of ch n cogeation; oe

I ee & ]

(() to prepare, publish and prescribe text books, and to publish: statements '[ f urses f t dy scri ed y e entral ouncil] -

k) i r ai e f n uat an r o proficiency r , r cti e f omoeopathic {system f n e = ) o nd nd aintain ib ri s;

) to ecom ot s for peékcénduate trai ing 're rch in omoeopathy d i hemistry; ° -

(n) to provide for the inspection of recognised institution or any other institu- tions giving instructions for any of {the recognised medical qualification]; and to require such institutions to.furnish such information as ay be necessary; ' This secti n as s bs ituted for the origi al Mah. 6 of 98 , . 6. The words " escribe and", ere d leted y M . 9 of 98 , . 9 (a). lau (i) was deleted, id.,'s. (b).

$ These words w substit for words "of prescri courses of t dy', ibid., nent a ere bsti r ords " d i emic s of edi nes "

® ese ords ere bsti r ords "t e ali ca ion n u irst

chedule", id., . 3 e).

8

19~O.r; ,tio.m. ,XII]

Bqmbay Homoeopathic Practitioners' Act, 1959 9

(0) .to appoint boards of studies and-committe~s consisting Qfpersons,who may ot may not be members of the Councit, but at leastJ1aI"oft~ number of . such. persons on the board or committee shall be the practitioners whoSe names are entered in register, and to make regulations for the constitution, duties and functions of such board~,~

(pr "8ubject to theapprQvalbf:the State Government, to receive-don&Jions and to determine the conditions of acceptance of donations; '..

(q) to exercise sLich

. ::,' ,-

"'~%.~~

XLV

of

1860.

15. '[( 1) The StateGovernment shalt, after consulting the Council, appoint\~. Registrar' Registrar,who sHallbe the Secretary and Executive Officer of the Council. The, andother salary, allowances and other conQitionsof service of the Registrar shalt be such \ empIo~ ~s may be prescribed byJules.] .,.' of7[Counctl.)

~2)' ~he 2[COU~Cil] may, frOrnj~i~~.:to.tiJ;l;1e.~gr~Qt~~w~ ;to th~ 8e~~trar.: ,:.,.0 ProVIded that, If the periodoUeave doeSJDotexceedf;W.arnQnthS'Dtleave:may begrantedbY.:JttePresideak .~Yo '. . 0.,. ,,':-'.t' tC

(3) During any such temporary vacancy in'the office of the Registrar due to leave or.any other rea~on, the 3[Collncil] may with the previous sanction of the State qovernment appoint another person to act in his place and any perSOilso appointedshall for theperiod of such appointmentbe deemed to be the Registrar for the purposes of this Act:. ..

Proviqed. that, w~elJ the period of such vacancy does not exceed two months the appointment may be made by the President, who shall forthwith report such appointment to the State Government

4[(4) . The ~ate Government may, after consulting the Council,. suspend, dismiss or remove any person appoil1ted -as the Registrar, or .impose ar1Yother penaltyuponhim,as it ma~ideemnecesSary.] , i \

5[***J

(6) The "[Council] shall from time to time prescribe by regulations the numberanddesignationandthesalaries,allowancesandotherconditionsof - ~~rvice of other off.icers and servants ~s may be necessary for the purposes of .canyin,gout its duties and functions under this Act.,; i Provided tl;lat,the power to m.ake appojntment of any such officer or servant shall vest in the President. .

(7) The Registrar and any other officer or servant appointed under this section shall be deemed to be a public servant within the mepning of section 21 of the Indian Penal Code. . ','

, This sub-sectipn was substitUtedfor the original bY~(ltJ. 16 of i988,;s. 17 (.:>.). < This word was substituted .forthe word" Board" ibid.,s. F(b). .

, , Thiswordwas substitutedior the word" Board" ibid.,s. 17 (c).

0 Thissub-sectionwas substit!Jtedforthe original,ibid.,s. 17 (d):

5 Sub-section (5) was deleted. ibid., s.11 (e).

" This word was substituted for the word" Board ", ibid., s. 17 (~. .7 This worq was, substituted for the word "i3oard r, ibid., s. 17 (g). \

\

\

LV

of

860.

60,; B . Xi] +. o bay omoeopathic ractit ers' Act, 59

(0) to appoint boards of studies and.committees consisting of persons, who ay of may not be mbers of t ounci,, but at east half of he mber of such per on the boar or mit ee shal be t e pract tioners s are ed in register, d to ake l on for the constitution, duties nd functions of such boards and. committees;

(p)' subject to appro of the t t over ent, to e v do oti and to determine the conditions of acceptance of donations ;

(q) to exercise such other powers and) perform such other duties and functions as are laid down in ee ee a by rules or by _ fegulation or [by-laws.] -

ELBE

15. '[(1) The State Government shall, after consulting the Council, appoint a Registrar, who shall be the Secretary and Executive Officer of the Council. The salary, ow nces nd other ndit ons of rvice of the egistrar shall be ch as ay e scri ed y r l s.)

egistrar

and other

of [Council.}

(2) The 2[Council] may, from:time:to 'isa, grant jeave to the eto : \ Provided that, ito H nan henre Se r a Rnerr mE nay. be grant d by:the Presi ent;; . «- ath: Ret

(3) During any such temporary vacancy in'the office of the Registrar due to leave or any other reason, the *[Council] may with the previous sanction of the State G r ent point other r on to act in his e d y rsop so appointed shall for the period of such appointment be deemed to be the Registrar for the purposes of this Act:

Provided that, when the period of such vacancy does not exceed two months the m ay be ade by the r si nt, ho shall forthwith report appointment to the State over ent.

'((4) The State Government may, after consulting the Council,. suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him, as it ay de m pco )

I * * * J

(6) The Council] shall from time to time prescribe by regulations the number and designation and the salaries, allowances and other conditions of service of other officers and servants as may be necessary for the purposes of 'carrying out its duties and functions under this Act::

Provided that, the power to ake appointment of any such officer or servant hall est e resident.

(7) The Registrar and any other officer or servant appointed under this section shall be ed to be a public r nt within the meni g © of ct 21 gi e ian enal

This sub-section was substituted for the original by Mah. 16 of { 988. s. 17 (2). 2 his ord as bstit ted for e o "B rd" ibid., s. 17 (b). + * This word was substituted for the word "Board" ibid., s. 17 (ce). + This sub-section was substituted for the original, ibid., s. 17 (d). 5 ub-section ) as eleted, id, . 17 e).

® his ord as bstituted for e ord "Board", ibid., s. 7 (4.

7 This word was substituted for the word "Board", ibid., s. 17 (g).

9

Executive Committeeof 2[Council.] Preparation of Register.

10 Bombay Homoeopathic Practitioners~ Act, 1959 [1960: 80m. XII 1[15'-A. (1) J'he2[CounCiij'shaH.-as soon as may be, constitute.an.Executive Committeeeonsistingofthe President; ex-offico,and such numberof other mem- bers elected by the 2[Council]fromamongst itmembers, as maybe prescribed by rules. . . -

(2) The term ofofficeof, the manner offilling~asualvacancies among, and the procedure tobe-f~lIowedby, the members of the ExecutiveCommittee'shall be such as may be prescribed by rules. .;.-" - -

(3) The Executive Committee shall exercise such powers, perform such

. duties, and di;;charge such. functions, of the 2[Council]as may be delegated to it bYrules or entrusted to it,from time to time, by the 2[Council]].. ..

CHAPTER III.

[Deleted by Mah. 16 of 1ge5, s. 19.] CHAPTER,IV. -

,(' r

. ;\: 0 3[REGISTRATIdtJOF PRACTITIONERS]:- f~.~ :

28. (1) As soon as may be after the appointed day, the Registrar shall prepare a

.

nd mainta!t1.thereafter a.register of Homoeopathic 4[* * * *] practitioners for1he 5[StateofMiharashtra)inaccordancewiththe provisionsofthisAct. - 0 ' . 6[1-A The registershallcontainthe name~ofpractitioners;whosenames'ar~,...,.. -(I) continuedontheregisterundersub-section(4) ;aild o. .-~,- (il) entered in the register under sub-section (3) or(5) on or after thedatSibf commencement of the (Bombay Homoeopathic and 8iochemic Practitioners' Mah. Amendment) Act, 1985]. -- - '. .,tW>. 0 XVI of

(2) There~istershallincludethefollowingparticulars,namely:- ' ;~'. .' 1988.

(a) 0the full name, nationality and residential address of the rei;(lstered practitioner; - 0 ,v,.0' 0 ',"

(b) the date of his admission to the register; . '. . 0 o. .

(c) the qualification forregistration and the date on which.be qbtaine~.his 0degree, diploma or any other like award in Homoeopathy 7[* * *!] ~~ny, and theauthoritywhichconferredorgrantedit ; . 0

(d) his professionala<;jdress;and -. ,

(e) such furthe~ particulars as may be prescribep by rqles:.\-

(3) Every person who possesses any of the ~rrecognlsj~d' JJ1.~cncal qualifications] shall, at any time or an application made' in the form prescribed by rules to the Registrar and on payment of a fee of9(tliree hundred rupees] be entitled to have his name entered in the.register. .

1 Section 15-A was inserted by Mati; 20 of 1962.s. 4.

2 This wqrd was substituted for the word" Board" by Mah. 16 of 1988. s. 18.

3 The heading was substituted for the original. ibid.. s. 20. ,. The words "and Biochemic" were deleted by Mah. 19 of 1988. s. 10 (8).

5 These words were substituted for the words "State of Bombay" by Mah. 16 of 1988. s. 21 (8). & This sub-section was substituted by Mah. 19 of 1988. s. 10 (0). .

7 These words "or Biochemistry" were deleted. ibid.. s. 10 (c).

. Thesewords weresubstitutedfor the words"qualificationspecifiedin the FirstSchedule".

ibid.. s. 10 (d)(/).' .

9 These words were substituted for the words "one hundred rupees"; ibid., s. 10 (d)(iJ). Executive

Committee of

Council.)

0 Bombay Homoeopathic Practitioners' Act, 1959 60 : Bo . Il (15-A. (1) The ~{Council] shall, as soon as may be, constitute an Executive om itteecdnsi ting f e si ent, x-offico, d ch mber f ther em- ers l cted y e *[Council] m ongst it embers, s ay e r scri ed y rules.

) he f f ice f, e an er of illing casual acancies ong, d e procedure to be followed by, the embers of the Executive Com ies) 'shall be ch s ay e r scri ed y les.

3) he xecutive om itte all ercise ch owers, BaHOR ch

. duties, s ct s, of the { ouncil] as ay be e to it reparation

f egister.

by rules or t st d to it, e to time, by the 2[Council]]. ° PTER Ill.

elet y ah. 6 f 988, . 9.]

APTERIV. .

[REGISTRATION F PrAcTmonens}: f

8. (1) s s ay e ft r e poi t ay, e egistrar hal repare and maintain, thereafter a register of Homoeopathic '[* * * *] practitioners forthe [State f rashtra] n ordance ith e rovisions f is ct.

§ -A he register shall ontain e ames of practi oners; renee ' 4 ontinued n e gister nder ub-section ) ; nd &

ii) ed i t r nder b-secti ) r ( ) n r after dateot enc en f e bay omoeopathi nd B i Practi i ners' mendment) ct, 985]. '

(2 The register shall include the following particulars, namely :—

(a) the full name, nationality and residential address of the registered pract tioner ;

) e ate f is mis ion e i ;

(c) the ualifi ati n for reg a o nd the ate on hich. he ghtained his degree, i o a or any other like ar in omoeopathy 7[* * * *] if any, and e uthority hich onferred r rantedit;

(a) his professional address ; and

(e) such further particulars as may be prescribed by riles.

(3) Every person who possesses any of the recognised' medical uali ca ion hall, t ny m r n pli o ade b

y rules to the egistrar nd.on ent of a fee of [th ndred es ] be entitled to ave his me entered | in the register. ' Secti - was erted by Mah. 20 of 962, . 4.

This word was substituted for the word "Board" by Mah. 16 of 1988, s. 18. he eading as bstit t d r e ri i al, id., s. 0.

he ords " nd i hemic" ere el ted y ah. 9 f 98 , . 0 a). or s er st uted r or s " t t f bay" y ah. 6 f 988, s. (a). hi - t on as bsti uted y ah. 9 f 88, s. 0 6). :

hese ords: " r i chemistry" ere eleted, id., . 0 c). hese ords ere ubsti uted r e- ords " ualif cation pecif ed in e irst chedule".

id., s. 0 a)(i).

®° hese ords ere ubstituted r e ords " ne undred pe s". id., . 0 a)(i . o

r

O

n e w n XVI of

1988.

10

1960 : Bom. XII] Bombay Homoeopathic Practitioners' Act, 1959 11 1[(4) The register maintained under this section and in force on the day immedi- ately preceding the date of commencement of the Bombay Homoeopathic and Mah. Biochemic Practitioners' (Amendment) Act, 1985 (her.einafter in this sub-section XVIof referred to as "the Amending Acr) , shall be deemed to be the register maintained 1988. under the principal Act as amended by the Amending Act and the name of every person whose name is entered in such register shall; subject to the provisions of this Act, continue to be on the register.

. (5) Notwithstandinganything contained in any law for the time being in force, every person entitled to be or is enrolled on the register maintained under the 59of Homoeopathy Centrat"Council Act, 1973, but not enrolled on the register 1973. maintained under this Act, shall, on an application and on paY(J1~ntof the fee as provided in sub-section (3), be entitled to have his name entereCfin-th®ister maintained under this Act] . -

Mah.

. XYlof

1988.

(12) (a) Every registered practitioner shall be given a certificate of registration in the form prescribed by rules; 2[andshall practice 3[Homoeopathy]only: The registered practitionershall display the certificateof registration in a conspicuous place in his dispensary,clinic or place of practice.]. .

4[(b) Such certificate shall be valid until it is duly cancelled and the name of the practitioner is removedfrom the register under the provisions of this Act; and Mah.every certificate of registration given before the commencement of the Bombay XXXIX Homoeopathicand BiochemicPractitioners'(Amendment)Act, 1974,whichis of vaild on such commencement shall, subject to the provisions of section 26, be 1974.valid likewise,and shall continue accordingly].

5[(c) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may,on payment of the prescribed fee, issue a duplicate certificate in the form prescribed under clause (a).] .

6[ (13) (a) Any registered practitioner to whom a certificate of registration is issued before the day immediately preceding the date of commencement of the Bombay Homoeopathic and Biochemic P~actitioners'(Amendment) Act, 1985, and such certificate is still in operation, may, at any time, by an application in writing, accompaniedby suchcertificate (inoriginal)and a fee of five rupees,apply to the Registrarfor issueof a freshcertificateof registrationin lieuof the certificate issuedearlier.

. (b) On receipt of such application, the Registrar shall cancel such certificate and issue a fresh certificate of registration in the form prescribed by rales made un~er clause (a) of sub-section (12).]

21. [Preparation of list of persons in practice on the relevant day] . Deleted by Mah. 190f1988,s.11: "

, Sub-sections (4) and (5) were substituted for the original sub-sections (4) to (11), by Mah. 1.6of 1988, s. 21 (c). .'

2 This portion was inserted, ibid., s. 21 (d) (I).

3 This word was substituted for the words "Homoeopathic and Biochemic Systems of Medicines" by Mah. 19 of 1988, s. 10 (e).

4 Clause (b) was substituted for the original by Mah. 39 of 1974, s. 2 (b).

5 This clause was added by Mah. 16 of 1988, s. 21 (d) (i/).

6 This sub-section was added, ibid., s. 21 (e). XVI of

1988.

59 of

1973.

X IX

1974.

. VI o

1988.

60 om. I ] ombay omoeopathic r tioners' Act, 959 11 '[(4) he gister aint i der is ecti n nd n e ay mmedi- tely r di e ate f enc ent f e o bay omoeopathi nd i ic racti o r ' endment) ct, 85 reinafter i b- ct o s " endi ct" , hall e ed e e i t r aint der e ri i al ct s ended y e mendi g ct nd e f very r on hose e is ed in ch gist r hall; ubject t r i o of is ct, nt e n gister.

) otwithstanding nything ntai ed ny r e me eing rce, very erson ntitl d e r nrol d n e gister aintained nder e omoeopathy entral ouncil ct, 973, ut ot nrol d n e gister aint der i ct, hall, n n ppli t o nd yment f s r vi ed b-section 3), e ntitl d ave is me ntered t e ister aintained nder is ct.] .

2) a) very gistered ractiti ner hall e i en ertif ate f gistration e r scribed y les ; *[and hall ractice *~[Ho oeopathy] nly: he i t red ractiti ner hall i play e ertif ate f gistration nspicuous l ce is i ensary, li ic r l ce f ractice.]

'{ b) uch ertif ate hall e alid ntil it is uly ancelled nd e me f e ractit ner oved o e gister nder e r visi ns f is ct ; nd very ertif ate f gistration i en efore e mencement f e ombay omoe pathic nd iochemic racti oners' endment) ct, 974, hich aild n uch mencement hall, ubject e r visi ns f ection 6, e alid k ise, nd hall onti ue ccordingly].

5[ c) here it s own e ati f ction f e egistrar at a ertif te f gistration as een efaced, st r estroyed, e egistrar ay, n yment f e r scribed e, ue a uplicate erti ca e in e r scri ed nder l se a).]

8 3) a) ny gi t red ractit er hom a ertif te f e i t ti n s ed efore e ay mmediately r ceding e ate f mencement f e ombay omoeopathic nd i hemic racti oners' endment) ct, 985, nd uch ertifi ate til peration, ay, t ny e, y n pplication riting, ccompanied y uch rtif te (in riginal) nd a e of e pe s, pply e egistrar s ue f sh aae f gistration u f e ertif te s ed earlier.

b) n ceipt f uch pplication, the Registra hall ancel uch ertif te ue sh ertif ate of gistration e rescribed y ules ade nder l use (a) of ub-section 72).] ; ;

1. r t o f t f r s ct n nt ay] el t y ah. 9 o 1988 s. 11:

' ub-sect ) nd ) ere bsti r e ri i al b- ect ) 7), y ah. 6 f

98 , . 1 ). .

his orti n as n erted, id., . 1 ) i). % his ord as bsti r ords " oeopathic d i mic Systems f . edici " y ah. 9 f 988, . 0 (e).

l use ) as ubstituted r e ri inal y ah. 9 f 974, . ). his l se as y ah. 6 f 98 , . 1 dq) ii). - §& his b-section as ded, j id., . 1 ).

11

Undertaking to be given for entering name in

Register. 9[' . ']

Removal of names from register.

12 Bombay Homoeopathic Practitioners' Act, 1959 [1960: 80m. XII

22. Notwithstanding anything contained 1[in section 20], the name of any practif .Jno.tbe entered in the register 2[*. * * *] unless he gives an Ul)oorta. Inwriting e)(ecuted in such manner as may be prescribed by rules that he 'shall not use any degree, dil'l

23. (1) (a) If a registered practitioner has been, alter due inquiry held by the 10[Council] in the manner prescribed by rules, found guilty of any misconduct, the 10[Council]may,- .."" "

(/) issue a letter of warning addressed to such practitioner, or (il) directthe nameof such practitioner- .

(A) to be removed from the register for such period as may bespecified inthedirection, or .

(8) to be removed from the register permanently. Explanation.-For the purpose .ofthis section, "misconduct" shall mean,- (/) conviction, of the registered practitioner by a Criminal Court for an offence. 2 of which involves moral turpitude-and which is cognizable within the meaning of '1974. ~he1~[Code0.1Criq1inalProcedure, 1973]or "

.(n) .conviction under the Army Act; 1950, of registered practitioner subject to XfVI military law for an offence which

is cog"nizable within the meaning of the "[Code ~950. of Criminal Procedure, 1973,] or . 11

9

0f

. 1 74.

(ii/) any conduct, which, in the opinion of the 10[Council],is infamous in "

relation to the profession. .

(b) The 1°[Council] may, on sufficient cause being shown, direct at any time that the name of the practitioner so removed shall be re-entered in the register on such conditions and on the payment of such fees as may be prescribed by rules and on such further conditions as the 10[Council] may impose.

1 These words and figures were substiMed for the"words and figures "in sections 20 and 21"

by Mah. 19 qf 1988, s.12 (a). " .

2 These words "or the list" were deleted by Mah.16 of 1988, S. 2~ (a).

3 These words were substituted for the words "or licence", ibid., s. 23 (b).

. These words and figures were substituted for the words and figures "the Bombay Medical Act, 1912 or the Bombay Medical practitioners Act, 1038", ibid., s.23 (c). s These words were substituted for the' words "State of, BOmbay" by the Maharashtra Adap- tation of Laws (State and Concurrent Subjects), Ot;d~, 1960.

. ⁶These words "or Registered Biochemic Practitioner. as the case may be" were deleted by Mah. 19 of 1988, s. 12 (b). " ".

7 The words "Enlisted Homoeopathic Practitioner" or "enlisted BJochemic Practitioner" were deleted by Mah.16 of 1988.s; 23 (e). ""

8 These words "or the list, respectively" were deleted, ibid., s. 23 (I).

9 These words "or list" were deleted, ibid., s. 23 (g). "

rJ This word was substituted for the word "Board" ibid., s. 24 (a) (~. "

11 These words and figures were substituted for the words and figures "Code of Criminal Procedure,1898"ibid..s. 24 (a) (iij.

ndertaking

e i en

r nteri g

e in

egister.

I st *]

oval of

es rom

gister.

2 bay omoeopathic itioners' ct, 59 60 : Bo . il

22. ot i h an ng yt n '[in ct 20], h e of. y practitigner.shall not be ered in the register 7[* * * *] unless he gives an king in writing xecut in such an er as ay be prescribed by rules that he shall not use any degree, diploma '[licence or certificate] which is identical with or is a l urable mit ti n of ny gre , a, "[l c nce or certificate] t d by a y or institution ut ori d under the i n edical Degre Act, 916, the Indian Medical Council Act, 1956, *[the Maharashtra Medical. Practitioners Act, 1961], or under any corresponding law for the time being in force in any part of the 5[State of aharashtra] _{t shall be lawful for such r to use after his nam the words "R gi e ed omoeopathi Practitioner', °[* * * *] 7[*.* * * *** *] in full to indicate that his name has been entered in the register. s{* * * *] under this Act.

23. (1) (a) If a registered practitioner has been, alter i inquiry held by the '6fCouncil] in the manner prescribed by rules, found guilty of any misconduct, the [Council] may,— '

(i) issue a letter of warning addressed to such practitioner, or

(i) irect th e f ch ct ione —

(A) to be oved from the register for such period as ay be specified — n e i cti n, r

(B) to be em from the register anently. :

ion.—For of this cti , "mi ct" shall e —

(i) conviction, of the registered practitioner by a Criminal Court for an offence which involves moral turpitude and which is cognizable within the meaning of the ''[Code of Criminal Procedure, 1973] or

(if) 'conviction under the Army Act, 1950, of registered practitioner subject to military law for an offence which is cognizable within the meaning of the "[Code of Criminal Procedure, 1973,] or

(iii) any conduct, which, in the opinion of the 1% Council],.is infamous in l ti n to the r f s ion.

(b) The [Council] may, on sufficient cause being shown, direct at any 'tha that the name of the practitioner so removed shall be re-entered in the register on ~~ guch conditions and on the. payment of such fees as may be prescribed by rules and on such further conditions as the '°[Council] may impose. * Thes or and figures er substituted for the w and figures "in sections 20 and 21"

by Mah. 19 of 1988, s. 12 (a).

2 ese ords "or the list" ere deleted by Mah. 16 of 1988, s. 23 (a). hese ords ere bstit t d r e ords " r ice ce", id., s. 3 ). or and figures er substituted for the or and figures "the ba Medical Act, 1912 or the Bombay Medical Practitioners Act, 1038", ibid., s. 23 (c). & or er substituted for the words "State of ombay" by the aharasht a ap- tation of s (State and oncur Subjects), Order, 1960.

. § These words "or Registered Biochemic Practitioner, as the case may be" were deleted by ah. 19 of 8 , s. 12 (b).

7 he ords " nli t d omoeopathic ractiti ner" r " nli t d iochemic ractiti ner' ere el t d y ah. 16 f 98 , s. 3 ).

® ese "or the list, pectively" ere eleted, ibid., s. 3 (A.

® These words "or list" ere deleted, ibid., s. 23 (g).

2 i word as substi ut d for t e word " oard" ibid., $s. 4 ) i.

" se ords d g s ere bsti or h ords ne g s "Code f ri inal rocedure, 898" ibid., s. 4 (a) (ii).

-

@

2 of ©

1974.

XLVI

1950.

ll of

1960: Born. XII] Bombay Homoeopathic Practitioners' Act, 1959

13

. Mah. 1[(2) If the name of any such practitioner is entered in the register maintained xx underthe MaharashtraMedical PractitionersAct, 1961,or the MaharashtraMed;- ~~~~~ cal Council Act, 1965, or any other corresponding law for the time being in force in Mah. any part of the State of Maharashtra, it shall be the duty of the Council te give XLVI intimation of such removal, to the authority responsible to maintain the said register.]of

1965.

xxv

of

1961.

2[(3) If the name of registered'practitioner is also entered in the re~ister maintained under any of the laws referredto in sub-section (2) and it is removed from the said register, the Registrar,with the approval of the Council, shall also remove his name from the register under this Act.] ..' .

(4) The 3[Counciltmcw, on its own motion or on the appUc:;~tjOrlof any person, after due and prop~r enquiries and after giving an opportunity. tothe~~n con- cerned of being heard, cancel or alter any entry in the register, if, in the opinion of the 3[Council], such entry was fraudulently or incorrectly made.

(5) In holding inquiries under this section, the 4[Council] shall have the same v of powers as are vested in civil Courts under the Code of Civil Procedure, 1908 when 1908. trying a suit, in respect of the following matters, namely :-

(a) enforcing the attendance of any person and examining him.on oath;

(b) compelling the production of documents;

(c) issuing of commissions for the examination of witnesses.

(6) All inquiries under this section shall be deemed to be judicial proceedings XLV within the meaning of sections 193, 219 and 228 of the Indian PenalCode. . of (7) 5[(a)ForthepurposeofadvisingtheCouncilortheExecutiveCommittee 1860. on any question of law arising in any inquiry before it, there maybe appointed by the Council an assessor who has been for not less than ten years-

(I) anAdvocate enrolled under the Advocates Act, 1961 ; or (iI) anAttorney of a High Court.]

(b) Where an assessor advises the 6[Councilor the ExecutiveCommittee] on any questioAof law as to evidence,procedures or any other matter,he shall do so in the presence of every party,or person representing a party,to the inquiry who appears thereat, or if the advice is tendered after the 6[Councilor the Executive Committee] has begun to deliberate as to their findings, every such p~rty or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed, if in any case the 6[Councilor the Executive Committee] does accept the advice of the assessor on any such question as aforesaid. . .

(c) Any assessor under this section may be appointed either generally or for any particular inquiryor class of inquiriesand shall be paid such remuneration as may be prescribed by rules.

7* * *

1 This sub-section was substituted .for the original, by Mah. 16 of 1988,s. 24 (b).

2 This sub-section was soostituted for the original, ibid., s. 24 (c). .'

3 This word was substituted for the word "Board", ibid., s. 24 (~.

4 This wordwas substitutedfor the word"Board",ibid., s. 24 (e).

5 This clause was substituted for the original ibid., s. 24 (~ (~.

. These words were substituted for the word "Board", ibid., s. 24 (~(il).

1 Thissub-sectionwas deleted,ibid.,s. 24 (g). V of

1908,

XLV

1860.

XXV

1961.

1960 : Bom. II] Bombay Homoeopathic Pr itioners' Act, 1959 13 '[(2) If the name of any such practitioner is entered in the register maintained under the Mahar shtra Medical Practi oners Act, 1961, or the Mahar shtra Medi- _ eal Council Act, 1965, or any other corresponding law for the time being in force in

. any part of the State of Maharashtra, it shall be the duty of the Council to give intimation of such removal, to the authority responsible to maintain the said register.] 21(3) If the name of registered: practitioner is also entered in the register maintained under any of the laws referred to in sub-section (2) and it is r oved f m t e said register, t e Registra , with the ap roval of t e Council, shall also r ove his name f m t e r gister under this Act.]

(4) The '{Council] may, on its own motion or on the application of any person, after due and proper enquiries and after giving an opportunity to the person con- cerned of being heard, cancel or alter any entr in t e register, if, in t e opini n of the *[Council], such entry as f ulentl or incorrectly ade.

(5) In ol i uiri s nder this ecti n, t e '[ ouncil] shall have t e e owers as are vested in civil Courts under t e ode of Civ l Procedure, 1908 hen t i g a suit, in r spect of t e f o i matters, el —

(a) enforcing the attendance of any person and examining him on oath;

(b) mpelli e r ducti of s ) i f mis i r e xaminati f witnes es.

(6) l inquiries der this cti shall be ed to be judicial i ~ within the eaning of ecti ns 193, 19 nd 28 of the Indian enalCode. —

(7) {(a) or e urpose of dvis ng e ouncil or e xecutive om ittee on any question of law arising in any inquiry before it, there ay be appointed by _ e ouncil n sses or ho as een r ot ss an n r —

i) n dvoeate nrol ed nder e dvocates ct, 961 ; r ) n t ey f igh ourt.] 2

(b) here an ses or vises the [Council or the xecutive om itte ] on ny uestion of a s to vi ence, ures or ny t er atter, e hail o o in the ence of very party, or rson r senting a party, to the inquiry ho pears reat, r if e vice is e ered ft r e °[ ouncil r e xecutive om itte ] as gun to el rate as to their findings, ery ch party or r on s f r said hall e n o med hat vice e essor as e ered. uch arty or rson hall l o e n o ed, if in ny se e *[ ouncil or Executive Committee] does accept the advice of the assessor on any such question as aforesaid.

(c) ny essor der this cti n ay be pointed either nerally or for y arti ular n uiry r s n uiri s d hall e aid ch e uneration s ay e cri d y l s.

* *& &

This s - ecti n as bsti t d for the original, ok ah, 16 of 1988,'s. 24 Pr This ion substituted. for the original, ibid., s. 24 (c). i ord w s bsti d for h ord "B ard", ib ., s. (d)

This ord as bstituted for th ord " oard", ibi ., s. 2 ( ). This l se as s bs ituted f r e original ib ., s. 2 (f (i. T e w r w r s sti fo th w r "B ard", ibid., s. 2 (90. This s -section was d leted, ibid., s 2 ( ).

vn

@

w

e

s

@

wn

+

Persons not entitledto registration. s' . . Maintenance

of register. 9'. . Renewal of

registration.

14 Bombay Homoeopathic Practitioners' Act, 1959[1960 : Born. XII

24. Notwithstanding anything contained 1[insection 20], no person whose name has,Aeenremoved for infamousconduct in a professionalrespectfrom any register2r -2 *. *]. kept under,-

(I) the Bombay HomoeopcUhicAct,1951 ;. Born. (il) thetI,1adhyaPradesh Homoeopathic and Biochemic Practitioners'Act, ~VIII 1951 ; or: , - - . 1951.

(iil) any law for the time being in force in India or any part thereof regulating M.P. the registration of pracitionersof medicine, XXVI

. shallbeentitledto havehisnameenteredinthe register3[preparedundersection20],. of unless his name is duly restored to the register 4[* * * *] from which it was 1951. removed. -

25. (1) It shall be~heduty of the Registrar to make entries in register,from. timeto time,to revisethesameandto issuethe certificatesof registration6 * * in accordance with the provisions of this Act, the rules made thereunder and the orders of the 7[Council]. . .

(2) The names of regist~red practitioners who die or whose names are directed to be removed from register under sub-section (1) of section.23 shall be removed therefrom. . .

(3) No alteration in the entries as respects' additional qualifications or change of name of the practitioner shall be made except on payment of such fees as may be prescribed by rules.

8[(4) * * *]

1°[26.

(1) Notwithstanding anything contained 11[insection 20], after the commencement of the Bombay Hemoeopathic and Biochemic Practitioners' Mah. (Amendment) Act, 1974 (hereinafter referred to as "the Amending Act"), -,- XXXIX - (a) (I) the Registrar shall cause two general notices in the prescribed form ~~74 to be published at an interval of not less than sixty days in the Official Gazette, . and in such other manner as may be prescribed. The first such general notice shall be published on. such date as the Registrar may, with' the approval of the President decide, calling upon all registered practitioners and all persons whose names have been removed from the register during the process of renewal which took place under section 26 of this Act as it stood immediately before. the commencement of the Amending Act (hereinafter referred to as "the defaulters") to make an application to the Registrar for the continuance of their names on the register, and drawing attention to their liability to pay to the 12[Council] a fee of hundred rupees therefor, and in case of defaulters an additional. fee of fifteen rupees by way of penalty ;

1 These words and figures were substituted for the words and figures .in sections 20 and 21"

by Mah. 19 of 1988, s. 13 (a). .

2 The words .or list" were deleted by Mah. 16 of 1988, s. 25- (a).

3 These wordsand figures.weresubstitutedfor the wordsand figures.or the listprepared under sections 20 and 21 respectively."ibid,s. 25 (b).

4 Thewords.or the list"weredeletedby Mah.19of 1988,s. 13 (b). S The words .or enlistment"were deleted by Mah. 16 of 1988, s. 25 (c).

6 The words "and renewal slips"were deleted by Mah. 39 of 1974, s. 4.

7 This word was substituted for the word "Board" by Mah. 16 of 1988, s. 25 (a).

6 Sub-section (4)"was deteted, ibid.,s. 26 (b).

. The words" and list"were deleted, ibid.,s. 26 (c). ^.. to Section 26 was substituted for the originalby Mah. 39 of 1974, s. 5. ~

11 Thesewordsand figuresweresubstitutedforthe wordsand figures"insections20 and 21"

by Mah. 19 of 1988, s. 14 (a).

12 This word was substituted for the word "Board"by Mah. 16 of 1988, s. 27 (a) (I). Persons not

entitled to

istration.

5* * *

Maintenance

f gister.

Renewal of

istration.

14 bay omoeopathic ractit ers' ct, 59[1960 om. I

4. otwithstanding nything ntai ed '[in ection 0], o erson hose e has be n oved r n a ous nduct r fes ional pect o ny gister?[* * *} | tunder,—

(ij) e ombay omoeopathic Act, 951 ;-

(ii) the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, ;or-:

(i ) any a r e me i in o c dia r ny art reof ulating e gistration f r cit ers f edicine,

. Shall e ntitl d ave is me ntered e gister "[ repared nder ection 0], nl s is h e uly t red e gister '[ _* ] o hich t as removed.

5. 1) hall e the uty of e egistrar ake ntri s in gister, o me me, vise e me nd s ue e ertifi ates f gistration ®* it e r i o f i ct, i h e r d

r f ouncil].

4 na es f i e cti ion ho i r in es re i

e v o i t r der b- ect 7) f cti hall e oved refrom. . ,

) o eration tr s ct dit o l ali ica ions r f e f h r cti on hall e ade pt n ent f ch s s ay be prescri y l s.

( * * 4

0126. 7) otwit st nding nything e tined "Tin ection 0], fter e en e f bay oeopathi d i racti on '

A ndment) ct, 74 r i f s " endi ct" ,—

- (a) () the Registrar shall cause two general notices in the prescribed form e bl sh t n al f ot e s tha i t ys f i i l azette,

d h t r anner s ay e r b e t h neral oti

shall e bl sh n such t as the egistr r ay, i the pr val of the r si nt ci e, al n on l e e r ct ione d ll r s hose

es ve en em ro i t r ri s of al hi h

o er ct f i ct s it m ediatel : e

enc ent f mending ct rei aft r s " efaulters")

ake n ppli o egistr r nuan f ir es n

i t r, d i e o to eir ia il y to ay to '*[Council] a of r s refor, d se f f ul n dit o l f ftee

s y ay of nalt ;

' hese ords nd ures ere bstituted or e ords nd ures " n cti ns 0 nd 1"

by Mah. 9 f 98 , . 3 a). -

2 he ords " r ist" ere el y ah. 6 of 98 , s. 5 (a).

hese ords nd ures ere bstituted or e ords nd ures " r e ist iepered nder cti ns 0 nd 1 pectively." id, . 5 b).

* he ords " r e st' ere eleted y ah. 9 f 98 , . 3 b).

5 he ords " r nli ent" ere eleted y ah. 6 f 98 , . 5 c). ® he ords " nd ewal lips" ere eleted y ah. 9 f 974, . . 7 his ord as bst u e r e ord " oard" y ah. 6 f 88, . 5 a). ® ub-section ) as eleted, id., s 26 b).

* he or " nd st" ere eleted, id., . 6 ).

© Section 26 was substituted for the original by Mah. 39 of 1974,s.5. .

" hese ords nd ures ere ubsti uted or e ords nd ures "in ctions 0 nd 1"

by ah. 9 of 988, . 4 ).

his ord as bstituted or e ord " oard" y ah. 6 f 98 , . 7 a) i.

XXXIX

1974.

14

! 19&O-2~Om~'XII]

Bombay Homoeopathic Practitioners' Act, 1959 15 !

, (il) the Registrar shall, after the publication of the first general notice under sub-clause (t) of this clause, send an individual notice under certificate of post- ing enclosing therewith the prescribed {orm C?fapplication to every registered practitioner and defaulter at his address as 'entered in the register, or as the c~se may be, his last known address, calling upon him to return the application ;',o'th~ Registrar duly filled in for the'continuance of. his name on the register ~dong with a fee of one hundred rupees (and in the case of a defaulter an ;u additional fee of fifteen rupees) within.forty-five days of the receipt of such

""individualnotice. ,'" . " , If any of the registered practitioners or defaulters fails to return such applica- tion within the period specified in the individual, notice ,along with the fees ,aforesaid, the Registr~r shall, after the RU,bJicati9nofth~~geR~ral notice under sub-clause (I), issue a further individual notice to such registered pr~cti- tioner of default~r under certificate of posting, enclosing,therewith~f1.e.pr~ribed ~,form of application calling upon him to return the application to the Registrar for the continuance of his name on the register within thirty days from the d~te of the receipt of.the further individual notice together with the fees aforesaid and a furtheradditionalfee of five rupees; ,

(iil) if the ,application together with the fees is returned within the period spec,lfied in such further individual notice, the Registrar shalt inform the regis- tered practitioner and the defaulter 41JP'er;certificate Qr'pqsting, Jhat t~~ t~es have been received, and that the certificate of.registra~ioi\ ottl;1;.-.registered practitioner shall, sl:Jbjectto the provisioJ:tsof this section, continua IIfoperadon unless such certificate is duly cancelled under this Act: The Registrar shall give a fresh certificate of registration to the defaulter, which shall also likewise continueinoperation; ,

(iv) if the application together with the fees is nof returned within the period specified in the further individual notice, the Registrar shall remove the name of the defaulting practitioner from the register, unless it has been removed already and inform him of such removal under certificate of posting. The fact of such removal shall be published in the Official Gazette and in such other manner as may be prescribed. On such removal, the certificate of regi~tration issued to the defaulting practitioner shall be deemed to have been cancelled, and shall be withdrawn from the practitioner by the Registrar in the prescribed manner:

Provided that, on an application made to the Registrpr in that behalf within such period as the 1[Council] may, from time to time specify in this behalf, the name so removed or already removed may be re-entered in the register on payment of.a fee of one hundred rupees together with an additional fee of fifty rupees; and thereupon, the certificate of registration, if withdrawn, shall be returned to the practitioner and shall continue in operation, and if not yet with- drawn, it shall also continue in operation, as provided in sub-clause

(ii/)of this clause;

(b) and thereafter, every five years from the commencement olthe Amend- ing Act, ~he Registrar shall likewise cause two general Notices in the prescribed form to be published at an,interval of not less than sixty days" in the Official Gazette, and in such other manner as may be prescribed, calling upon all registered practitioners to make an application tQthe Registrar fof:continuance of their names on the register without payment of the fee of one hundred rupees referred to in clause (a) 2[Or:three hundred rupees, as the case may be,] and thereupon the provisions of clause (a) shall, mutatis mutandis apply for the continuance of the names of the registered practitioner on the register. 3[('" * * *] , .

1 This word was substituted for the worqs "State Government" by Mah.' 16 of 1988, , s. 27 (a) (i~.

2 These words were inserted by Mlih. 19 of 1988, s. 14 (b).

3 Sub-section (2) was deleted by Mah. 16 of 1988, s. 27 (b). ' 60:::Bo . I ] | mbay omoeopathic r itioners' Act, 59 5 ' i) e egistrar hall, fter e ublication f e t eneral otice nder - (i) of this l se, nd an n i d al oti nder certificate of ost- g cl i it r cr b f of ppli t o very i e e

r cti on nd ef ult t is dr ss s t gister, r s ase ay e, is st n ddres , al n on i to t rn e ppli t o

"t the egistr r uly le in r co inuance of is e n i t r along it f e dr s d se f f ul n

addit onal e f te n pe s) ithin rt -fi e ays f e ceipt f ch ndividual notice. se Lo

If ny of the i racti on or efault fails to return ch ppli a- o it i eri ecif n i d l oti al ng wi s

f r said, egistrar hall, ft r publication f the s cond general oti der b- (/), e a r n i d l oti to ch i e e practi- tioner of defaulter under certificate of posting, enclosing therewith the | - f ppli t o al n on i r ppli t o egistr r r

nua of is e n i t r it i i ys o at of

e eipt of r n i al oti t r ith e s f ai a

further dditional fee of five ees ;

(iii) if the application together with the fees is returned within the period '. specified in such further individual notice, the Registrar shall inform the regis- tered practitioner and the defaulter under certificate of posting, that the fees have been received, and that the certificate of registration of the, registered r cti on r hall, ubject to e r vi ns of this t , nt e in r tio nl s ch erti ca e uly ncel nder i ct. he egistr r hall

i e h erti ica e f i t o e efaulter, hich hall l o ke i

ontinue in peration ;

) if ppli t o t r ith s ot n it i eri

pecifi i e r i al otice, e egistrar hall ove e e f

efault r cti on r o e gister, nl ss it as en oved l y

nd n o m i of ch oval nder certificate of osti g. he fact of ch oval shall be bl s in the Official azet nd in ch t er an er as ay e r scri . n ch oval, e ert ica e f ist t o d

e efaulti r cti on hall e ed to ve en ncel d, d hall

i h a o the racti on by the egistr r in the r cr b an er :

r vi at, n n ppli t o ade to egistrar in at ehalf it i

ch ri s '[ ouncil] ay, o m m ecif i ehalf,

e o oved r l e y v ay e e in i t r n

ent f.a e f ne dr es t r it n ddit l f

s ; d n, erti ca e f i t o if i n, hall e

n r cti ion d hall nt n perati , d if ot et it -

n, it hall l nt n erati , s - a (iii) f i

a ;

(b) nd reafter, very v ars o enc en of the mend- ing Act, the egistrar shall ike i se o neral oti in the cr to e bl sh at n inte v of ot s i t ays, in f i i l azette, d ch t er an er s ay e cr , al n on l registered practitioners to ake an application to the Registrar for.continuance of eir es n e gi t r it out ent of e of e ndr d es

i a) [or e ndr d ees, s e se ay e,] nd.

h e i o of l se' ) hall, utati utandi pply r

t nua of es of e i e e r cti ion on e gister.

te" 8]

' This word was substituted for the words "State Government" by Mah. 16 of 1988, s. 27 (a) (ii. :

2 hese ords ere erted y ah. 9 f 98 , s. 4 6).

5 ub-section ) as el ted y ah. 6 f 98 , . 7 ).

15

16 Bombay Homoeopathic Practitioners' Act, 1959 [1960: 80m. XII No refundof 27. Fees paid uncler sections 20, 1[**] ,2[23,] 25 and 26 shall not be refunded. fees. .' '

Rightof

registered

, pracititioner.

28. Notwithstanding anything in any law for the time being in force,-

.. I

,(~,"the expressiOn "Iegally,qualified medical practitioner" or " duly qualified mediCC(i1pr'actition$,( or any word importing a person recognised by law as a medical practitioner or member'of the medical profession shall, in all Acts of the legislature in the, 3[State ,of Mahar~shtra] and in all Central Acts (in their application to.the ';![State of Maftarashtra] in so far as such Acts relate to any' matters'S"peified in tist II or liSt lIIin the Seventh Schedule to the Consititution <'-{If Indiatijt'jtl~~practition9r whCt$&name is entered in the register under this A~;;i' ,"-""'..: ""'" . ( ,

; 'o,:"fu,-scertiffcaterequited by arty Act from any medical practitio,:!er or medical officer shall be vali(:l if such certificate has been signed by a practitioner whose name is entered in the t8gister .I!nder this Act;

(iil) a practitioner whoseliame Is'entered in the register shall be eligible to hold any apppintmen,t as a physi~ p! other medical officer in any Homoeopathic 4[*] di~perisary, hQsp,it~1or,i"firm!i.rr sUpported by or receiving a grant from the .State G.oyem""t1( ahd treating 'Baljents according to the Homoeopathic 4[*] .~ystem ^,ofmediCine orin any pul>lip:.,~blishhment, body orinstitution dealing withslicti systemof mEklicine; )1'" '

" (iv) every registered practiti9ner~hall, be exempt, if he so desires, from serving on an' inquest 5[LindenHe,Code'ofCriminal Procedure, 1973]. 12 01 > ' " ,'. 1974.

,CtiAPTER V.

;. ,;~. i.

,

.' ,""" " " ' ~INAlleti~HtELD;BY THE~'CoUNCIL] 7[AND], RECOGNITION ,'fJ.' i

~~':::: 29~ The"'[~~~nC~,shan,by by-laws under section 35. prescribe the examina-

"[Council.]tions to be hettl'by if,,:D[* :.*. * *]. ~.. ' R~= '30. (1) Every institutiOnr~nised under this section shall be entitled to tions, train students for the examinations 13[inaccordance with the regulations made by the Central Council for conferring tf\e medical qualifications in Homoepathy' recognised by the Central Council].

. These figures were deleted by Mah. 19 of 1988, s. 15,

2 These figures were inserted by Mah. 16 of 1988, s. 28.

3 Thesewordsweresubstitutedfor the words"Stateof Bombay", ibid., s.29 (a)-

. The words "Biochemic" were deleted by Mah. 19 of 1988, S. 16,

5 Thesewordsand figuresweresubstitutedfor the wordsandfigures "or as a Juror under the Code of Criminal Procedure, 1898" by Mah. 16 of 19~8. s,29(b),

6 Thiswordwas substitutedfor the word "COURT". ibid.. S.3O-

7 Thiswordwas substiMedforlhe words"COURESS OFSTtJDIES", byMah.19of1988,s.17(a).

6 The words "AND RECOGNITION OF QUALIFICATIONS" were deleted, ibid" s, 17 (b).

9 This words was substitutedfor the word "COURT" by Mah. 16 of 1!:}88,s. 31 (a). '" This portion was deleted by Mah. 19 of 1988, s. 18 (a).

" This word was substitutedfor the word "court" by Mah. 16 of 1988, s. 31 (c).

12 The words "and courses of studies" were deleted by Mah. 19 of 1988. s. 18 (b).

13 These words were substituted for the words "of the Council for which it is recognised", ibid.. s, 19 (a)-

6 bay omoeopathic itioners' ct, 59 60 : Bom. il

No — of 7. es ai der ct o 0, '[**) 7 2 5 d 6 shall ot e e un .

s. .

ightot 8. otwit st di g ything in ny a r e ime ei g in o c —

pracititioner. " ithe o "le al q l fied edical ct ion " or " ul ali e medical practitioner" or any word importing a person recognised by law as a edical ct ione or e ber of h edical professi shall, in all cts of

the legislature in the {State of Maharashtra] in all Central Acts (in their pl on ot { te f aharashtr in r s cts y

matters peified in L s Il r Lis Il event edul onsiti on

"Of i , include a practitioner ose e is e ed in i t r der this ct

(ih: a certificate required by any Act from any medical practitioner or medical f c al lid if h rt ica e s n g y a ct ione ose

name is entered in the register under this Act;

(iii) r ctit er hose nam is ntered in e gister hall e l i l any as a physician or other medical officer in any Homoeopathic '{*] dispensary, hospital or infirmary sUpported by or receiving a grarit from the State Government and treating patients according to the Homoeopathic '[*] system of medicine or in any public establishhment, body of institution dealing ith such st m of edicine;

_ M very i t r d practi ioner shall e empt, if e o esires, ro serving on an inquest '[under the Code of Criminal Procedure, 1973).

SBARTERY.

Exaunarions HELD.BY THE *{CoUNCIL] 7[AND ], RECOGNITION OF INSTITUTIONS.®* *

held wee 29. The s1Council| shall, by by-laws under section 35, prescribe the examina-

"{Councii) tions to be held'by B aoa 128 «

paloma 30. (7) Every institution recognised under this section shall be entitled to tions, train u t for inat o 'fin it h r gulati ns ade y

the Central Council for conferring the medical qualifications in oepat e s by the entral Council].

ese g s ere el t d y ah. 9 f 98 , . 5.

These figures ere erted y ah. 6 f 98 , . 8.

These words were substitu ed r t e words " tate of ombay", ibid., s. 29 (a). he ords " i hemic" ere eleted y ah. 9 of 98 , s. 16.

hese ords nd g res ere ubsti uted r e ords nd g res " r s uror nder the ode of Criminal rocedure, 898" y ah. 6 of 988, s. 2 (b). his ord as ubsti uted r t e ord " OURT", id., s. 0.

This word was ubstituted for th ords ' URES OF TUDIES', by ah. 9 198 , s. 17 (a). e or " GNI ON F UALI CATIONS" ere el t d, , s. 7 (b).

his ords as ubstituted for t ord " URT" y ah. 6 f 988, . 1 a). This portion as deleted by ah. 19 of 98 . s. 18 (a).

* This ord as substituted for the ord " urt" by ah. 16 of 1988, s. 31 (c). he ords " nd urses of t dies" ere eleted y ah. 9 of 98 , s. 8 (b). s or ere bsti r e ords " f ouncil r hi t ni "

$s. 9 ).

S

E

w e a r n a a o n m u n = Bo &

16

. . "4960 :~'Bom~~II] '. Bombay Homoeopathic Practitioners' Act, 1959 17 tovi

,

, ;(2) Any institution desirous of recognitionunder this Act shall send'an ,application to the Registrar giving full information in respect of the following 'Jmatters,namely :-

(a) the consititution and personnal of the managing body;

(b) subjects and coursesil\ which it gives or proposes to give instruction and the examination for which it seeks recognition;

(c) accommodation, equipment and the number of students for whom provisionhas been or is proposed to be made;

.

(d) the strength of the staff, their salaries, qualifications and the research work carried out by them; .

(e) fees leviedor proposed to be leviedand the financiatprovision made for capitalexpenditureon buildingsand equipmentand for continuedmaintenance and efficient working of the institution:

Provided that, no application shall be entertained by the Registrar unless the. institution agrees in Writing to give all facilities to any inspectors, members, visitors or any other persons authorised by the 1[ Council] to make an inspectionor enquiry or to attend any examination under sub-sections (3) to (9).

(3) The Registrarshall placethe applicationbeforethe 1[ Councilland the 1[Council]may direct the Registrar to call for any further information which it may' deem necessary. The I[Council] may also direct a local inquiry to be made by a competentpersonorpersonsauthorisedby it inthisbehalf. .

(4) After recordingthe reportof such local inquiryand after makingsuchfurther inquiryas may be necessary, the I[Council] shall forward the application together with its report to the State Government with its opinion whether the recognition askedfor should or should not be granted. The StateGovernment may thereupon grant or refuse the recognition or may grant it subject to such condition as it deems fit. 'The decision of the StateGovernment shall be final.

(5) It shall be the duty of the I[Council] to secure the maintenance of an adequate standard of proficiency for the practice of the Homoeopathic 2[ * *] system of medicine 3[asprescribed by the Central CounciL] For the purpose of securing such standard, the 1[ Council] shall have authority to call on the govern- ing body or authorities of any recognised institution to permit inspectors or any members or visitors appointed by the 1[Council] in this behalf to im~pectthe recognised institutions and the hospitals attached to them and to attend and be presentat all or any of the examinationsheld by the institutions, Every recognised institution shall comply with any reasonable direction issued by the I[Council] from time to time.

(6) The inspectors, members or visitors shall not interfere with the conduct of any examination but it shall be their duty to report to the I[Council], their opinion as to thesufficiency or insufficiency of every examination which they attend and any other matters in regard to such institutions on whict'\ the I[Council] may requirethemtoreport. ~ .

(7) Every recognised institution and every examination held by such institution shall be inspected by the I[Council] through its inspectors or me"1bers or visitors at least once in five years and more frequently if the I[Council] so desires.

1 This word was substituted for the word "Board" by Mah. 16 of 1988, s, 32,

2 The words .or the Biochemic" were deleted by Mah. 19 of 1988, s. 19 (b) (I).

3 Tt1esewords were inserted, ibid., s. 19 (b) (i~. J" !,

4960 'Bom: Xl] bay omoeopathi itioners' ct, 59 17

(2) ny nstit tion esirous f cognit on nder is ct hall nd-an a l t e egistrar i i g full n ation in pect f e o i g ' atters, mely —

) e onsit tuti n nd erson al f e anaging ; ) bjects nd urses in, hich it i s r oses i e at uiction d e amination r hich t eks gnit o ;

c) mmodation, ui ent nd e mber f ents r hom | r vision as een r is osed e ade ;

a) e gth f e taff, eir alaries, ualif t s nd e earch ork ar i d ut y ; ,

) s levied r r posed to be levied and the fi ancial r vi i n ade r apital penditure n uil i gs d ui ment d for nti ed aint nance nd ff i nt orking of e sti ti n :

r vided at, o pplicati n hall e ntert i ed y the Registrar nl s e _ ti ti n grees writing i e ll cili s ny n ectors, embers, i i r ny t er r ns t r y '{ ouncil] ake n

n ection r nquiry r t d ny amination nder b-sections ) ). - ) he egistra hall l ce e pplication efore e '{ ouncil] nd e '[ ouncil] ay i ct e egistrar all r ny er n ation hich it ay — m ces ary. he ' Council] ay l o i ct o al n uiry e ade y mpet nt erson r ersons uthorised y it in is ehalf.

(4) fter ording e port of ch ocal n uiry nd after aking ch rt er n uiry s ay e ces ary, e ' Council] hall o ard e pplication ether ith port e St te overnment ith pi i n hether e ognit on sked r ould r ould ot e ranted. he tate overnment ay pon rant or f se e ognition or ay rant it bject to ch ondition s it ms fit. The ecision of e tate overnment hall e final.

(5) It hall e e uty of e ' Council] to cure e aint nance of n equate dard of r fi cy for e ractice of e omoeopathic 4 * *} t m of edicine [as r scri ed y e entral ouncil.) or e rpose of curi ch ard, '{ ouncil] hall ve uthori to call n overn- ing ody or authorities of ny gnised institution to permit n ectors or ny embers r i i rs pointed y e '[ ouncil] is ehalf nspect e gnised institutions nd the hospitals t ed to m nd to attend nd be r sent at all or ny of e xaminations eld y e ti ti ns. very gnised ti ti n hall mply ith ny onable direction s ed y e ' Council] o me to me.

) he n ectors, embers r i it rs hall ot n rf re ith e nduct f ny xamination ut it hall e eir uty to port to e ' Council], eir pinion s e ff c e y r n ff c e cy f very amination hich y t d nd ny ther atters in ard ch ti t ns n ar the ' Council] ay quire m to port.

) very i n t u o d ery minati held y ch n t u o

hail e n y ' C uncil o its n t r embers r i i

t st ce i v ars nd ore e nt f [ ouncil] o esir s.

' his ord as ubstituted r e ord " oard" y ah. 6 f 98 , . 2. The words " r t e i chemic" were deleted by Mah. 19 of s. 9 (b) (i. hese ords ere erted, id., s. 9 ) (i ).

17

18 Bombay Homoeopathic Practitionf!rs' Act, 1959[1960:

Bom~ XII

Withdrawal of recogni- tion of

Institutions.

(8) The 1[Council] shall forward a copy of every such report to the authorities of the institution 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 2[and the Central Council].

(9) An inspector, a member or a visitor shall receive such remuneration to be ; paid as p'art ofthe expenses of the I[Council], as may be prescribed by by-laws under section 35.

3[( 10) The provisions of this section shall be in addition to, and not in derogation of, the relevant provisions in this behalf in the Homoeopathy Central 59 Of:

CouncilAct,1973.]' 1973,1

31. 1ftit appears to the State Government on the report of the 4[Council or Central Council] that any institution recognised under section 30 is not maintain- ing an adequate standard of training according to requiremel'tts of the5[Central Council], the State Government may at any time withdraw the recognition granted to such institution: ~. . .

Provided that, before any direction for the withdrawal of the recognition is made under this seCtion, the"1nstitutionshall be given a reasonable opportunity and time to come up to.the required standard by the 6[Council] if a report has been made by "[Council] and in other case by the State Government. .

32. [Amendment of First Schedule] Deleted by Mah. 19 of 1988, s. 21.

CHAPTER VI.

'. , MiscELLANEOUS. Rules.

. ~33. (1) The State Government may by"notificationin the Official Gazette and subject to the condition of previous publication make rules to carry out the purposes of this Act.. .

. .

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :-

(a) the time and place at which and manner in which7[electionof the mem- bers, Presidentand Vice-Presidentof the Council shallbeheld undersection4]; 8[(b) the manner inwhich the meetings of the Council shall be convened, held andconductedundersub-section( 1)ofsection10;] .

9[(C)the fees and other allowances to be paid under section 12 10[**;]

1 This word was subsfituted for the words "Court", by Mah.16 of 1988, s. 32.

2 These words were added by Mah. 19 of 1988, s. 19 (c).

3 This su~section was added, ibid., s. 19(1})

4 These words were substituted for the words "Councilor otherwise", ibid., s. 20 (a),

5 These words weresul1stituted for the word "Council" ibid., s. 20 (b).

. This word was substituted for the word "Court", by Mah. 16 of 1988, s. 33.

7 Thisportion was subs~ed for the words and figures "electionto the' Boarp and to ~e Court shall be held under section 4 and section 17 read with section 4 ibid.", s. 35 (a).

. This clause was substituted for the original, ibid, s. 35 (b).

9 This clause was substituted by Mah. 31 of 1963, s. 6.

10 The words and figures "and under section 17 read withsection 12"were deleted by Mah. 16 of 1988, s. 35 (c).

L

Withdrawal of cogni- Institutions. Rules.

18 bay omoeopathic itioners' ct, : Il ) he ' ouncil] hall w r py f ery ch ort uthorit e f t u io ect f hi h aid ort as ade d hall l o f ar py' f ch ort, o it ny ser t on ade y i ody, State over ent [and entral ouncil]. ) n pector, ember r a vis tor hall eive ch uneration e ' ai s art of the of ' C uncil], s ay e prescri y a under section 35.

1 10) he on f i ct hall e ddit o , d ot erogation f, e l vant r visi ns is ehalf i e omoeopathy entral ouncil Act, 973.]}

1. Ifi ear tate over ent n ort f e "[ ouncil r entral ouncil] at y n tu ion der cti 0 ot aintai g n equat r f a n n r i em n f ent ouncil], tate over ent ay t ny im i h a gnit t to such institution :

r at, f r y i t o r i al f gnit ade . der i ction, the institution al e bl pportunit d m e p to t i a y é * ouncil] if ort s n ade y ®{C uncil] d t er se y e tate overnment.

2. A endment f irst Schedule] eleted y ah. 9 f 98 , . 1.

PTER VI.

: . ISC NEOUS.

. 3 . 1) he tate overnment ay y notifi t e fficial azette nd bject e nditi n f vi us ublicati n ake l s ar y ut e r oses f is ct.

) arti ular nd it out r j dice e enerality f e oing wer ch l s ay r vide r l r ny f o i g atters, mely — ) e me nd l ce t hich nd an er hich "[election f e em- bers, President and i -President of the Council shall be held under section 4); [(b) e an er hich e e tings f e ouncil hall e convened, eld nd nducted nder ub-section 1) f ection 0;]

%[(c) e s nd t er ow ces e aid nder ection 2 '[* ;]

This word as bsti uted for t e ords "Court", by Mah. 1 of s. 2. hese ords ere ed y ah. 9 f 98 , . 9 ).

his b- o as ded, id., . 9(q) ~

hese ords ere bstit ted r e ords " ouncil r t erwise", id., . 0 ), hese ords ere. ulfstit ted or e ord " ouncil" j id., $s. 0 b). This word was s bsti uted for t ord "Court", by Mah. 6 of 88, . 3. — This portion was bstituted for the words and figures "election to the Board and to the Court shal e el der sect and sect 7 with sect b d " . 35 (a).

® his as bst u e r ri inal, id, . 5 b).

* his se as bstit ted y ah. 1 f 963, . .

© he ords d res " d der cti n 7 d ith cti n 2" ere eleted y ah.

6 f 98 , . 5 c).

"

a m e @

N

= 59 of

1973.

e

r

18

1.960 : Born. XII} Bombay Homoeopathic Practitioners' Act, 1959 ,;c,'

1[(d) the otherpowers, duties and functions of the Council, under clause (q) of section 14;]

(e) the salary, allowances and other conditions of service of the Registrar under section 15; ,

2[(ea) the number and term of office of, the manner of filling casual'vacancies among, and the procedure to be followed by, the members of the Executive Com- mittees; and the powers, duties and f.unctions of 3[the Council delegated to the ExecutiveCommittee, undersection 15A]; ,-

4 [* * * * *1

(g) the particulars to be entered in the registerllnder .clause (e) of sub-section (2) of $ection20 ; , ." ,

5 [* * * * *]

6[(1) the forms of application for registration and the documents to accompany such forms, under section 20;]

, (j) the mannerof makingenquiry under sub-section (9) of section 20; 7 [* * *] 8[(k) the forms of certificate of registration, under sub-section (12) of section 20 9 [* * *]. '

(ka) the fees chargeable, and the form of application, for the issue of duplicate certificate of registration under clause (c) of sub-section (12) of section 20;] (~ the manner in which the undertaking shall be executed under section 22;

(m) the manner of holding inquiries under section 23, the conditions and fees for re:-entering the I)ame of a practitioner removed under that section, and the remuneration to be paid to the assessors appointed under that section;

(n) the fees chargeable for the alteration of entries as respects additional qualifications or change of name under sub-section (3) of section 25; 10 [* * * * *]

(q) any other matter which is to be or may be prescribed under this Act;

(I) the furtherance of any of the objects of this Act. 11[(3)All rulesmade under this section shall be laidfor not less than thirty days before each House'of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the Legislature may make during the session inwhich they are so laid, or the session immediatelyfollowing, and publish in the qfficial Gazette.]

1 This clause was substituted for the original by Mah. 16 of 1988, s. 35 '(b).

2 This clause was inserted by Mah. 20 of 1962, s. 7 (a)' (if).

3 This portion was substituted by Mah. 16 of 1988, s. 35 (e).

4 This clause was deleted, ibid., s. 35(~

5 Thisclausewas deleted, ibid.,s. 35(g)

6 This clause was suli>stitutedfor the original, ibid., 's. 35 (h).

7 The words, brackets and figures "and sub-section (9) of section 21" were deleted, ibid., s. 35(/),

8 These clauses were substituted for the original clause (k), ibid., s. 35! (j). ^,

9 The words, brackets and figures "and sub-section (3) of section 21" were deleted, by Mah. 19 of 1988, s. 22,

10 Clauses (0) and (p) were deleted by Mah. 39 of 1974, s. 6.

" This sub-section was inserted by Mah. 20 of 1962, s. 7(6).

19

,'~

.

960 om. Xit] bay omoeopathic r itioners' ct, 59 19 '{(d) t er pow uti s d t o f ouncil, der a ) f ct 45]

) salary, ow s d t er ndit o f rvi e f h egistr r nder

"s cti n 5; {( a) e ber nd f ff f, an er f n casual es ong, nd e ur e low y, embers f e xecuti om- it es; nd e wers, uti s nd uncti ns f *[t e ouncil l t e Executive Committee, under section 15A]; 4 [* . * * * =

(g) e art l to e t r d in e gist r under sinuses (e) of b-section 2) f section ;

5 [* * * * *]

8[(i) o ms of ap licati for i t o nd ents to pany ch o s, der cti 0;]

' () the an er of aking nquiry nder b-section (9) of ection 20; ? [* * *] [(k) e o s f erti c f gi t t , nder b-secti ( 12) f ction 0 ° * } .

a) s r eable, d e o f pli t , r s e f upl rt ica e f i t o der a ) f b- ect 2) f cti 0;] ) the an er hich dert hall e cut der cti 2; .(m) the an er of holding inquiries under section 23, the conditions and fees r -enteri g n e f r cti ion e der t cti n, nd

unerat e aid ssor poi der at ct ;

(n) s r bl for e l o of ntr s ects dit o l qualifications or e of e der - ct o (3) of section 25; 10 [* * * * 4 e

q) ny ther atter hich e r ay e r scribed nder is ct ; (A the h r nce of ny of the bjects of this Act. : .

(3) All les ade nder this ection hall e laid for ot ss an thirty ays efore ach ouse'of e tate egislature s oon s os ible fter ey re ade, nd hall e ubject to uch odif cations s e egislature ay ake during the es ion in hich they are so laid, or the s ion mediately following, and publish in the Official Gazette.)

his l se as ubstituted r e ri inal y ah. 6 f 98 , s. 5 {b). This clause as erted y ah. 0 f 962, . ) ii.

his ortion as ubstituted y ah. 6 f 98 , . 5 e).

his l use as eleted, id., s. 5(4

his l use as eleted, id., s. 5(g)

his l se as ubstitu ed r t e original, i id., 35 (h). ; he ords, rackets nd g res " nd ub-section (9) of ection 21" ere eleted, i id., s. 5()

® ese ere bsti f r e ri i l k), , . 5 .. ,

9 he ords, r ckets nd g res " nd ub-section 3) of ection 1" ere eleted, by Mah. 9 f 98 , . 2,

© lauses (0) nd (p) ere eleted y ah. 9 of 974, s. 6.

his ub-section as erted y ah. 0 f 962, . (6

_

"

O

O

ee

O

N

=

19

20 Bombay Homoeopathic Practitioners' Act, 1959 [1960: Born. XII Regulations. 34. {1} The 1[Council] may, with the previous sanction of the State

. Government, make.regulations not inconsistent with this Act or the rules made thereunder( tar the following matters, namely:- .

(a) th~ number and (Jesignatioris, salaries, allowances and other conditions of service of jts.offices and servants other than the Registrar under sub-section ,(OJofsection '.5;. .

(b) such matters as may be necessary for the exercise of the powers and performance of duties and functions by the 1[Council] under this Act.

(2) The ~ate Government on receiving the draft regulations may sanction or refuse to sanction the same or sanction them subject to such modifications as it may think fit or return them to the 1[Council] for further consideration.

(3) All regulations, wilen sanctioned, shall be published in the Official Gazette.

(4) The State Government may by notification in the Official Gazette cancel any regulation. .

By-laws.'- 35. (1) The 2[Council] may, with the previous sanction of the State Government, make by-laws not inconsistent with the provisions of this Act or the rulesmadethereunder,forth~followingmatters,namely:- .

(a) the examinations to be held by it; 3[* * * * *]

3[* * * * *]

(d) the degree, diploma, certificate or any other like award to beconferred upon those who pass the examinations, and the manner of conferriJ~gsuch degree, diploma,certificate or award; -

(e) the language in.which the examinations shall be conducted; 4[{f) the fees to be paid to the examiners, paper~setters,moderatiors and other persons appointed, and the fees to be charged, for the conduct of examinations ;]

5[* * * . * * *]

. (h) the number of students to be admitted to the recognised institutions;

(I) thelanguageinwhichinstructionsshallbegivenintherecognisedinstitutions;

(j) the remuneration to be paid to an inspector or a member or a visitor;

(k) the number and designation,salaries, allowances, and otherconditions of service of its officers and servants including the inspectors; (~ such other matters as may be necessary for the exercise of the powers and performance of duties and functions by the 6[Council]under this Act.

(2) The StateGovernmenton receivingthe draftby-lawsmaysanctionor refuse to sanction the same or sanctior them subject to such modifications as it may think fit or return them to the 6[Council]for further consideration.

(3) All by-laws, when sanctioned, shall be published in the Official Gazette.

(4) The State Government may by notification in the Official Gazatte cancel any by-law:

, This word was substituted for the word "Board" by Mah. 16 of 1988, s. 36.

2 This word was substituted for the word "Court" ibid., s. 37.

3 Clauses (b) and (c) were deleted by Mah. 19 of 1988. S. 23(8).

. This clause was substituted for the original ibid., s. 23 (b).

5 Clause (g) was deleted, ibid.. s. 23 (c).

6 This word was substituted for the word "Court" by Mah. 16 of 1988, s. 37 Regulations.

By-laws. |

20 bay omoeopathic r itioners' ct, 959 Bom. II -

4. (1) he '[ ouncil] ay, ith e i s ncti of tate overnment, ake.regulations ot n nsistent ith is ct r e l s ade thereunder, for the following matters, namely :—

(a) the number and designations, salaries, allowances and other conditions f r i f i . f ce d t r h egistr r der - ct o

(6) of section 15 ;

(b) ch at r s ay e r for r of ers d performance of duties and functions by the '[Council] under this Act.

(2) e Sta e over ent n i n draft l on ay ct or refuse to sanction the e or sanction them subject to such modifications as it ay think fit or return h to the '[Council] for further nsi er t o

(3) All regulations, h n ct o , shall be bl s in the Official Gazette.

(4) e t t ov ent ay y oti ca ion in f i i l azet ncel any regulation.

35. (1) The 2[Council] may, with the previous sanction of the State over ent, ake a ot n si it i o f i ct r

rules made thereunder, for the following matters, namely :—

(a) the aminations to be held by it ; I" * * . *]

a" * * * . *]

(a) the degree, diploma, certificate or any other like award to be conferred upon those who pass the examinations, and the manner of contarting such degree, diploma, certificate or ar ;

) e language i in hich e aminations hall e nducted ;

'[(f) the fees to be paid to the xaminers, paper-setters, oderatiors and other persons appointed, and the fees to be charged, for the conduct of examinations ;]

of * * * * J

_ (A) the ber of ents to be dmit ed to the racopniaedl institutions ; (9 the language in which i structions shall be given in the recognised institutions ;

(j) the uneration to be paid to an inspector or a ember or a visitor ;

(k) the mber nd designation, salaries, l o ances, and other conditions of service of its officers and rvants including the n ectors ; (4 ch other atters as ay be ces ary for the ercise of the wers nd r ance of duties nd functions by the §[Council] nder this Act.

(2) he State ovemment on receiving the draft by-laws ay sanction or refuse to sanction the same or sanction them subject to such modifications as it may think fit or return them to the °[Council] for further consideration. (3). All by-laws, when sanctioned, shall be published in the Official Gazette.

(4) he State overnment ay by notification in the Official azatte cancel any by-law.

his ord as ubstituted for e ord " oard" y ah. 6 of 88, s. 6. his ord as bstit t d r e ord " ourt" id., . 7.

l uses (b) and (c) ere deleted by ah. 19 of 1988, s. 23 (a). hi a as bst uted r r l i ., s. 3 ).

l use ) as eleted, id., s. 3 ).

. his ord as bstit ted for e ord " ourt" y ah. 6 of 98 , s. 37.^a n

e

©

NR

=

20

. ~9~~Bom.XII1, Bombar'Homoeopathic Practitioners' Act, 1959^.21 , 36. (1) If at any time it appears to the St~te Government that the

1[Council] has faile~ to exercise or has exceeded or abused any of the powers conferred upon.it by or under this Act, or has failed to perform any of the duties conferred upon it, by or under this Act, or has otherwise ceased to function or has become incapableof functioning, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the 1[~ouncil]as the case may be, and if the 1[Council]fails to remedy such failure, , excess or abuse within such time as the State Government may fix in this behalf,

" ,'- the State Government may dissolve the 1[Council]and cause all or any of the '..: powersor duties of the 1[Council]to be,exercised and performed by such person and 2[forsuch period not exceeding'two years as it may think fit, which period may, if the State Govemment thinks fit be extended by it, from time to time, so however,that the totalperioddoes not exceed3[Sevenyearslin the aggregateand the StateGovernment] shall take steps to constitute a 4[newCouncil)': ' 5[Providedthat, the term of office of the person so appointedand holding office Mah; on the commencement of the Bombay Homoeopathic and Biochemic Practitioners' XIXof (SecondAmendment)Act,'1988 shall be deemed to extend or to expire with the 1988.date immediatelypreceding the date of the first meetingof the Council constituted after such commencement]

(2) Notwithstandinganythingcontained in thisAct, rules,'regulationsor by-laws if at any time it shall appear to the State Government'that the 6[Counciijor any other authority empowered to exercise any of the powersor to 'performany of the functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such po1Nersor functions to be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as it thinks fit 7[(3) The Administrator shall be paid from the fund of the Council such salary and allowances as the State Government may from time to time determine.]

37. No suit, prosecution or other legal proceeding shall be instituted against , any personfor anything which is, in good faith done or intended to bedone under this Act or under the rules or regulations or by-laws made thereunder. , CHAPTER VII. "

REPEAL AND TRANSITIONAL PROVISIONS.

38. (1) Subject to the provisions oHhis Chapter, on the appointed day,:-

(a) the Bombay Homoeopathic Act, 1951, in its application to the pre. reorganisation Stateof Bombay,'excluding the transfer.redterritories ; and t,.

;;'.

f

Born.

XLVIII

, of

1951.

M.P.

XXVI

of

1951.

(b) the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951in itsaplicationto theVidarbhaRegionof theStateof Bombayshallbe repealed.

1 This words was substituted for the words "Board or the Court" and the, words "Board or the Court, as the case may be," by Mah. 16 of 1988. s. 38 (a)(~. "

2 These words were substituted for the words" for such period not exce~ing two years, as it may think fit and" by Mah. 24 of 1975, s.2.

3 These words were substituted for the words "Six and half years" by'Mah. 17 9f 1988, s. 2.

4 These words were substituted for the words "new Board or Court, as the case may be" by Mah. 16 of 1988, s. 38 (a) (it).

5 This proviso was added by Mah. 19 of 1988, s. 24.

6 This word was substituted for the words "Board or the Court" by Mah. 16 of 1988, s. 38 (b).

7 This sub-section was added, ibid., s. 38 (c). Control of

State

Government.

Indemnityto

persons

acting under

the Act.

Repeal and

saving.

1960 : Bom. Xi]. Bombay Homoeopathic Practitioners' Act, 1959 - 21 XIX of

1988.

Bom. LV Itt

951.

M.-P.

XVI

951.

6. ) If at ny me it pears e tate overnment at e [Council] Controt of has failed to exercise or has exceeded or abused any of the powers conferred State pon. t y r der is ct, r as i erf r y f e uti s nfer ed

on it, y r der is ct, r as rwise sed cti n r as e

n pable f cti ning, e tate overnment ay, t nsiders ch i re, xces r buse e f ri us haracter, otify e arti ulars reof e '{Council] s e . ay e, nd if e [Council] fails to edy ch failure, ces or use ithin ch me s e tate overnment ay fix in this ehalf, the State overnment ay dissolve the '[Council] d use all or any of the wers or uties of e '[ ouncil] to - xerci ed nd r ed y ch erson and [for such period not eeding two years as it ay think fit, hich period ay, if e tate overnment ks fit e t ded y it, o me me, o

wever, that the total period es not ceed {Seven years] in the gregate and the State overnment] shall take steps to constitute a '[new Council] :

[ rovided at, e f ff e f e erson o ppointed nd oldi g ff e n ence ent f bay omoeopathi d i ic ractit o rs'

cond endment) Act, 88 hall e ed to t nd or to xpire ith e ate mmediately ceding e ate of e first e ting " e ouncil nstituted after ch mencement.]

) otwithstanding nything t i in this Act, rides regulations r y-l ws if t ny me it hall pear tate over ment h t e [Council] r ny t er uthority powered xercise ny f e wers r perform ny f e cti ns der is ct, as ot en alidly nstit t d r ppointed, e tate overnment ay use ny f ch wers r cti ns e xerci ed r

r ed y ch erson in ch an er nd for ch eri d ot ceeding

ix onths nd ubject ch nditi ns s it ks fit.

7[(3) The Administrator shall be paid from the fund of the Council such salary nd l ow nces s e tate overnment ay o me me etermine.]}

7. o uit, secution r t er al eeding hail e n t u d gainst _ ny erson r nything hich , ood ith one r n e ed e ne nder i ct r nee r l on r a ade ther under.

APTER VII.

PEAL AND NSI I AL OVISI NS.

38. (1) Subject to the provisions of this Chapter, on the appointed day,— ' (a) the ombay omoeopathic ct, 951, in its pplication to e re- reorganisation State of Bombay, excluding the transferred territories ; and ) e adhya r desh omoeopathic nd i emic ractiti ners' ct, 951 in its plication to e i arbha egion of e tate of ombay shall e pealed.

' This words was substit r words "Board or the Court" nd the words "Board or the ourt, s t ase may be," y Mah. 6 of 98 ,.s. 38 (a) .(i).

hese ords ere ubstituted r e or " r uch eriod ot ceed n o ears, s it may think fit " ah. 4 of 5, s. .

hese ords ere ubstituted r e ords " ix nd alf ears" y ah. 7 of 98 , . . hese ords ere ubstituted r e ords " w oard r ourt, s e ase ay e" y ah. 6 f 988, . 8 ) (i ). . .

his roviso as dded y ah. 9 f 98 , s. 4.

® hi ord as bsti uted r or " ar r ourt" y ah. 6 f 88, . 8 ). his b-section as dded, id., . 8 c).

.-

©

w

"

overnment. nd i y to r ns

the Act. epeal and i .

21

22 Bombay Homoeopathic Practitioners' Act, 1959 [1960 : Born.XII

(2) With effect from the appointed day, the Medical Act in its application to the HydJ Hyderabad area of the State of Bombay, shall cease to apply to the Homoeopathic of t

'

t ^',1312F, prac I I\,>n~rs. "

(~~J!,; ,.,,7'h,LJ; th~ re~ulations made under clauses (c) to(e) of sub-section Born,

(1) of sectiQn38 ot the Bombay Homoeopathic Act, 1951 and clauses (d) to (h) of XLVIII sub-section V) of section 29 of the Madhya Pradesh Homoeopathic and Biochemic ~~51, Practitioners'Act, 1951, and such other regulations and such of the rules made M.P. under the' said Acts as the State Government may by order specify on the XXVI appointed day, shall, in so far as they are not inconsistent with the provisions of of this Act, be deemed to have been made under and for the purposes ofthe relevant 1951. provisions of this Act and be in force accordingly unless and until superseded by any rules, regulatiolas or by-laws made under this Act. All other regulations and rules made under the said Act shall cease to be in force,

- 2 [* * * * '*]

(5) Any appointment,notification,notice,orderor form made, issuedor given underthe Bombay HomoeopathicAct, 1951and in force in the pre-reorganisation Bom. State of Bombay, excluding the transferred territories, immediately before ,the XLVIII appointed day shall, in so far as it is not inconsistent with the provisions of this ~~51 Act beaeemed to navebeen made, issuedor given underthe relevantprovisions . of thisAct and be in force throughout the Stateof Bombayaccordingly,unlessand until superseded by any appointment, notification, notice, order or forrnmade, issuedorgivenunderthisAct. ,

, Vesting of 3[39], On and with effect from the date of establishment of the Maharashtra rights, Councilof Homoeopathy4[* * *], underclause (a)of sub-section(1)of section d~ti c es, etc:I " 3 (hereinafter in this section referred to as " the said date"), the followingIn OUOCl . and saving. consequences shall ensue, that IS to say, -

'(a) the Board of Homoeopathic and Biochemic Systems of Medicines,

Bombay, and the Court of Examiners of Homoeopathic and Biochemic

Systems of Medicines, Bombay, which stood dissolved (hereinafter in this

section referred to as "the dissolved Board and Court") and all the powers and dutiesof whichwere beingexercisedor performedby a personappointedunder

section 36 (hereinafter referredto as "the said person")on the day immediately preceding the date of the commencement of the BombayHomoeopathic and

Biochemic Practitioners' (Amendment) Act, 1985, shall stand permanently Mah, dissolved on the said date and all the rights of the dissolved Board and Court XVIof shall, on the said date, vest in the Council; 1988,

(b) all the property movable or immovable which on the day immediately preceding the said date vested in the dissolved Board and Court shall, subject to all limitationsand conditionsas were in forceon that day,vest in the Council;

(c) all sums due to the dissolvedBoard and Court onany account shall be recoverable by the Council"which shall be competent to take any measure or institl:lteany proceedingswhich itwouldhave beenopento the dissolvedBoard and Court or the said person to take or institute before the said date; ,

1 The words, brackets and figures "Subject to the provisions of sub-section (2) <;Ifsection 42,"

were deleted by Mah. 19 of 1988, s, 25 (a).

2 Sub-section(4) was deleted,ibid., s. 25 (b). ,

3 Section 39 was substituted for the original, by Mah. 16 of 1988, s. 39.

4 The words "and Biochemistry" were deleted by Mah. 19 of 1988, 9. 26 (a). 2 bay omoeopathic itioners' ct, 59 60 om. Il

) ith f ct o poi t ay, e Medical ct in its ap licati y er r a f tate f mbay, hall se ply aneo r ns

practitioners.

(9). *[,* .*.*.) the regulations made under clauses (c) to (e) "ol sub-section ) f section 3 f bay omoeopathi ct, 51 d a ) f

sub-section (,1) of section 29 of the Madhya Pradesh Homoeopathic and Biochemic ractiti ners' ct, 951, d ch t er ulati ns d ch f e l s ade der i cts s t t ov ent ay y r ecif n h

poi ay, hall, o r s y r ot n si it e r i o f

i ct, e ed ve en ade der d r h s f the e nt

i o f i ct d cordi l l s d ntil y

'any l s, ul ons r - a ade under this ct. l t er l o d

' esting f

rights,

duties, etc."

in Council

d ving.

rules ade der the said Act shall se to be in force.

Jf [* * * * al |

(5) ny pointment, otifi ation, otice, rder r ade, s ed r i n nder e ombay omoeopathic ct, 951 nd r e e r -r organisation tate of ombay, cl ding ra f rr d rri ri s, mmediately efore the appointed day shall, in so far as it is not inconsistent with the provisions of this ct e d ed to have en ade, s ed or i n nder e ant r visi ns f is ct nd e e ghout e tate f mbay ccordingly, nles nd

ntil er eded y y pointment, otif ti n, otice, r er r m ade, s ed r i en nder is ct.

[39]. n nd ith ff ct o e ate f t l s ent f aharashtra

ouncil f omoeopathy '[* * ]- nder l se ) f b-section 1) f ction ereinafter is ecti n f rr d s " e aid ate"), e o i g

consequences shall ensue, that is to say, —

(a) e oard f omoeopathic nd i hemic yst ms f edicines, ombay, nd e ourt f xaminers f omoeopathic nd i emic yst ms f edicines, ombay, hich t od i ol ed ereinafter is ection f r ed s " e i ol ed oard nd ourt") nd ll e wers nd uties f hich ere eing xercised r r ed y erson pointed nder ction 6 ereinafter f r ed s " e aid erson") n e ay mmediately r ceding e ate f e mencement f e ombay omoeopathic nd i emic ractiti ners' endment) ct, 985, hall t nd r anently i l ed n e aid ate nd ll e hts f e i l ed oard nd ourt hall, n e aid ate, est e ouncil ;

) ll e r perty ovable r m ovable hich n e ay mmediately r ceding e aid ate sted e i ol ed oard nd ourt hall, ubject ll mit ti ns nd ondit ons s ere rce n at ay, est e ouncil ; ) ll s ue e i olved oard nd ourt n ny ccount hall e verable y e ouncil, hich hall e mpetent ke ny easure r institute any proceedings which it would have been open to the dissolved Board nd ourt or e aid erson to e or sti te efore e aid ate; ' e ords, t d gu e " bj ct vi f - on ) of ct o 2,"

ere el y ah. 9 f 988, . 5 ).

ub-section ) as eleted, id., . 5 b).

° ection 9 as bstit t d r e ri inal, y ah. 6 f 98 , . 39. * he ords " d i chemistry" ere el ted y ah. 9 f 98 , s. 6 ). Hyd.!

of

1312F,

Bom.

XLV Ill Bom.

XLV Ill of

1951.

ah.

XVI of

1988.

22

~> ~.:. >

Mah.

XVI

of

1988.

Mah.

XIX

of

1988.

Mah.

XVI

of

1988.

Mah. XIX of

1988.

Mah.

XVI

of

1988.

Mah. XIX of

1988.

1960 : Born. XII]

Bombay Homoeopathic Practitioners' Act, 1959 23

(d) all debts, liabilities and obligations incurred by or on behalf of the dissolvedBoardand Court or the said person,immediatelybeforethe said date and subsisting on the said date, shall be deemed to have been incurred by the Council inexercise of the powers conferred on it by or under this Act and shall c::ontinueinoperation accordingly;

(e) all proceedings and matters pending before any authority.or officer immediately before the said date shall be deemed to be transferred to and n continued before the correspondingauthor1ty or officer under this Act as amended by the BombayHomoeopathicand Biochemic Practitioners'(Amendment)Act, 1985,competent to entertain such proceedings and matters; (~ all prosecutions instituted by.or on behalf of or against the dissolved Board and Court or the said person and all the 'suits and' other legal proceedings institutedby or against the dissolved Boardand Court. or the said person or any officer or any such dissolved Board and Court on behalf ~f the dissolvedBoardand Court or of the said person pendingon the said date, shall be continued by or against the Council;

(g) the Registrar and all officers and servants in the employment of the dissolved Board and Court immediately before the said' date, shall be the Registrar, officers and servants employed by the Council and shall receive salaries and allowances and be subject to the conditions of service or retirement benefits which they were entitled to or subject to on the said date:

Providedthat,-

(I) the service rendered by such Registrar,officersand servants before the said date shall be deemed to be service rendered under the Council; (iI)if, in the opinion of the Council, the servicesof any officer or servant are not necessaryas being surplusor are not suitableto the requirementsof servicesunder it, it may,with the previousapprovalof the StateGovernment, discontinue the services of any such officer or servant, and such officer or servantwhoseservicesare so discontinued,shall beentitled to receivefrom the Council such leave,pension, gratuityor other benefitsas he would have, ifthe Bombay Homoeopathic and Biochemic Practitioners'(Amendment) Act, 1985 1[andthe Bombay Homoeopathic and Biochemic Practitioners' (Second , Amendment) Act, 1988] had not been enacted, been entitled to receive on being invalidated out of service of the dissolved Board and Court and may

. receive such additional amount by way of compensation as the Council may, with the sanction of the StateGovernment, determine;

(h) any appointment, notification, notice, order, rule, by-law, register, registrationcertificate, recognitionor form held, made, issued, maintainedor granted under this Act and subsisting and in force immediately before the said dateshall, in so far as it is not inconsistentwith the provisionsof thisAct as amended by the Bombay Homoeopathic and Biochemic Practitioners' (Amendment)Act, 1985,2[andthe Bombay Homoeopathic anCiBiochemic Practitioners' (SecondAmendment) Act, 1988] continue to be in force, until superseded by any appointment, notifications, notice, order, rule, by-law, register, registration certificate, recognition or form held, made, issued, maintained or granted under this Act as amended by the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act; 1985 2[and the Bombay Homoeopathic and Biochemic Practitioners' (Second Amendment)Act, 1988]. .

, These words, brackets and figures were inserted by Mah. 19 of 1988. s. 26 (b).

2 These words, brackets and figures were inserted, ibid., s. 26 (c). of -

1988.

XIX

1988.

XIX of XIX of

98 .

: m. il]_ bay omoeopathic itioners' ct, 59 23 ad) l ebts, a ili s nd bli ti ns n rred y r n ehalf f e i olved oard d ourt r e aid erson, mmediately efore e aid ate nd bsisting n e aid ate, hall e ed ave een ur ed y e ouncil xercise f e wers nfer ed n t y r nder is ct nd hall ontinue in peration ccordingly ;

) all r ceedings nd atters ending efore ny uthority.or f i er mmediately efore e aid ate hall e med e a sf r ed nd ' nt d ef re di autho i or of i er nder this ct s ended by the ombay omoeopathic nd i hemic Practitioners' endment) Act, 985, mpetent to ntertain ch eedings nd at r ;

(f) all r secutions ti t d y or n ehalf of r against e i ol ed oard d ourt r e aid erson nd ll e uits d t er gal r ceedings instituted by or gainst the i solved oard nd Court: or the said erson or ny officer or ny uch i olved oard nd ourt on ehalf of the i olved oard nd ourt r of e aid erson ending n e aid ate, hall e onti ued y or gainst e ouncil ;

g) e egistrar nd all f rs nd rvants in e ployment f e i olved oard nd ourt mmediately efore e aid date, hall e e egistra , f i ers nd ervants ployed y e ouncil nd hall ceive alari s nd ow ces nd e ubject e nditi s f ervi e r t e ent enefits hich ey ere ntitl d r ubject to n e aid date :

rovided t —

) e ervice dered y uch egistra , f i ers nd ervants efore e aid ate hall e med e ervice dered nder e ouncil ;

(ii) if, in e pinion f e ouncil, e ervices f ny f i er r ervant re ot eces ary s eing urplus r re ot uitable to e ui ents of ervices nder it, it ay, ith e revious pproval of e tate overnment, i ontinue e ervices f ny uch f i er r ervant, nd uch f i er r ervant hose ervices re o i continued, hall e ntitl d to ceive e ouncil uch ave, ension, ratuity or ther enefits s e ould ave, e ombay omoeopathic nd i chemic racti ioners' dm nt) Act, 985 'fand e ombay omoeopathic nd i chemic ractiti ners' cond

. mendment) ct, 98 ] ad ot een nacted, een ntitl d ceive n eing ali ated out of ervice of the i olved oard nd ourt nd ay - ei e uch dditi al ount y ay of pensati s e ouncil ay, ith e anction f e tate overnment, etermine ;

h) ny ppointment, notifi ation, otice, rder, rule, y-law, gister, registration certificate, recognition or form held, made, issued, maintained or r nted nder this Act nd ubsisting nd in force mmediately efore the aid ate hall, o r s it ot onsistent ith e rovisions f is ct s ended y e ombay omoeopathic nd i chemic ractiti ners' endment) Act, 985, [and the ombay omoeopathic nd i chemic ractiti ners' econd mendment) ct, 98 ] onti ue to in rce, until perseded y ny ppointment, otifi ati ns, otice, rder, rule, y-law, register, registration certificate, recognition: or form held, made, issued, aintai d or r nt d nder this Act as ended by t e ombay

omoeopathic nd i chemic Practitioners' endment) Act, 985 2[and e ombay omoeopathic nd i emic Practi i ers' cond

mendment) Act, 98 ].

é

' hese ords, rackets nd g res ere erted y ah. 9 of 98 . s. 6 (b). 2 hese ords, rackets nd g res ere serted, i id., s. 6 (c).

23

24 Bombay Homoeopathic Practitioners' Act, 1959 [1960: Born.XII

Power to remove difficulties.

40. [Dissolution ofcoort and appointmentof newcourt] Deletedby Mah. 16of 1988(8.40. ... '.

41. . [ProvisionsregardingRegistrars.]DeletedbyMah.16of 1988,s.40.

42. [Provisions regarding examinations.] Deleted by Mah. 16of 1988, s. 40.

43. : [Provisions regarding recognised.lnstitutions.] Deleted by Mah. 16 of 1988, s. 40.

44. .-[Vesting of rights, duties, etc.] Delet~d by Mah. 16 of 1988, s. 40.

45. I( any difficulty arises in giving effect to the provisions of this Act, l[as amended'bytheBombay Homoeopathic and Biochemic Practitioners' (Amend- ~~rOf ment)Act; 19852[orthe BombayHomoeopathic.andBiochemicPractitioners' ~~~~. (Second Amendrnent) Act, 1988] during the period of one year from the date of ~b~~fI . Commencementof the said 3[Amendment]Acts.] The StateGovernmentmay as occasiolirequires by order do anything which appears to it necessary or expedi- entforthepurposeof removingthedifficulty. .

4[46. The enactments meFltionedin column 2 of the Secol}d Schedule shall be amended in the manner,and to the extent, specified in column 3 of the said Schedule.]

Amendment

of certain

enactments.

t

Numberand

year of the

Act

(1)

. M,ah. XXVIII of1961. .

FIRST SCHEDULE

[Deleted by Mah. 19 of 1988, s. 28] 5[SECONQ SCHEDUL~

(See section 46)

Short title of the

Act

Amendments

~) ~

TheMatlarashtra 1. Insection20,- MedicalPractitioners'

Act, 1961.

(a) in sub-section (2) in clause (b), the words "or lisf' and tl:1ewords"or the said list" shall be deleted;

(b) in sub-section (3),the words"or the list, as the case may be," and the words

"or the said list" shat! be deleted. .

2. In section 33, in sub-section (1), in clause (iI), the words"or the list" shall be deleted. .

3. In section 33A, in sub-section (1), for the' words "that section" the word and figures"section33"shallbe substituted.

4. In section 35, in sub-section (1), in clause (d), for the words "Court of Examiners" the word "Council" shall be substituted.

1 Thesewords, bracketsand figureswere insertedby Mah.16 of 1988,s. 41,

2 These words, brackets and figures were inserted by Mah. 19 of 1988, s. 27 (a).

3 Thesewordswere substitutedfor .thewords"AmendmentAct", ibid, s. 27 (b).

4 This section was substituted for the original by Mah. 16 of 1988, s. 42.

5 Second Scheclule was substituted for the original by Mah. 16 of 1988, s. 44. 24 bay omoeopathic r itioners' ct 59 om. il

40. Di olution of urt nd appointment f ew ourt] eleted y ah. 6 of 98 , 's. 0.

41. - rovisions garding egistra s.] Del ted y ah. 6 f 988, . 0. | 2. r visi ns arding xaminations.] eleted y ah. 6 f 98 , . 0.

3. : on r ni . Insti utions.] el t y ah. 6 f 988, . 0.

4. [Vesting f hts, uti s, tc.] el te y ah. 6 f 988, . 0. — 5. If - y if c y r i f ct e r vi o f i ct, ove ' aS ende by the Bombay omoeopathic nd i ractit ers' end- difficulties. ent) ct, 985 7[or e ombay omoe pathic and i chemie racti oners' cond mendme t) ct, 98 ] uring e eriod f ne ear e ate of commencement f e aid [Amendment] cts.] he tate overnment ay s ccasion req e y rder o nything hich ppears t ces ary r xpedi- | 'ent r e urpose f oving e if iculty.

get {46. he nactments entioned i in l n 2 of the econd chedule shall enactments. e ended e an er, a d e xtent, pecifi d l n f e aid | chedule.]

FIRST SCHEDULE

l y ah. 9 f 98 , . 8] | ; ' SE D EDULE | = e cti 6)

| umberand —— Short title of the Amendments | ar f e Act

Act

(1) _ @) (3) ah. XVIIl_ heMah r shtra . n ection ,— of 1961. Medical Practitioners' ct, 961.

a) b-section ) se ), e ords " r t" nd he ords " r e aid t" hall e el ted ; ~

b) b-section 3), e ords " r e t, s e se ay e," nd e ords _"or the said list" shall be deleted. -

. cti n 3, b-section 17), se ii), e " o e t" hall e eleted.

. ecti n 3A, b-section 7), r the ords "that section" the word and g res " ection 3" hall e ubsti uted.

. ecti n 5, b-section ),

"clause qd), r e ords " ourt f xaminers" the word "Council" shall be substituted.

' hese ords, rackets nd g res ere n erted y ah. 6 f 98 , . 1. 2 hese ords, r ckets nd g res ere n rt d y ah. 9 f 98 , . 7 ). : hese ords 'w re ubsti uted r the ords " endment ct", id, . 7 b). his ecti n as ubstituted r e ri inal y ah. 6 f 98 , . 2.

24

r'v (,. ~ t,'

",', ,,'

1960 :'Bom. XII]

1/1 Bombay Homoeopathic Practitioners' Act, 1959 25 SCHEDULE-Contd.

(1)

I Mah.XLVI f 'of 1965. ! ~,.

<",,0

(2)

The Maharashtra Medical Council Act, 1965.

(3)

1. In section 22,-

(a) in sub-section (1), in Explanation, for the wordsand figures "Codeof Criminal Procedure, 1898", in both the places where they occur,the words and figures

"CodeofCrimil1alProcedure,1973"shall be substituted;

(b) in sub-section (2),-

(i) in clause (a), the words "or the list"

shall be deleted;

(ii) in clause (b), the words "or the list"

shall be deleted; ^,

(iii) the words "or the said list" shall be deleted; ,

(c) in sub-section(3), thewords "or the list, as the case may be", and the words

"or the said list" shall be deleted]. ~. -

,<

~"

,

~

"

s } . . : om. I ] | mbay omoeopathic r itioners' Act, 959 5 HEDULE—Contd.

a

1) | @) (3) Mah. XLVI he aharashtra . . section ,— of 1965. edical ouncil

ct, 965.

a)

(b)

(c)

in b-section ), in xplanation, r e ords nd g res " ode of riminal r cedure, 898", in oth e l es here y ccur, e ords nd g res - " ode f riminal rocedure, 973" hall e bstit ted ;

b-section ) —

(i) in l se a), e ords "or e list"

hall e eleted ;

(ii) in se ), e ords " r e list"

hall e eleted ;

ii ) e ords " r e aid t " hall e eleted ; .

b-section ), w r s " r e t, s e se ay e", nd e ords

"or e aid list" shall e el t d].

25