(1) This Act may be called the Uttar Pradesh Homoeopathic Medicine Act, 1951. (2) It extends to the whole of Uttar Pradesh. (3) Part I of this Act shall come into 1force on such date1 as the State Government may, by notification in the official Gazette, appoint. Part II shall come into 1force on such date after the expiry of two years from the date on which Part I comes into force as the State Government may notify under section 59.
In this Act, unless there is anything repugnant in the subject or context — (a) “Board” means the Board of Homoeopathic Medicine, Uttar Pradesh, constituted under the provisions of this Act ; (b) “Chairman” means the Chairman of the Board ; (bb) 1[ * * * * * ] (c) “Homoeopathy” means the homoeopathic system of medicine and includes allied branches of Biochemistry, minor surgery and midwifery ; (d) “Member” means a member of the Board ; (e) “prescribed” means prescribed by rules framed under this Act ; (f) “State Government” means Government of Uttar Pradesh ; (g) “Register” means the register of homoeopaths maintained under section 29 ; (h) “Registered Homoeopath” means a homoeopathic medical practitioner registered under the provisions of this Act ; (i) “Registrar” means the registrar appointed under this Act.
The State Government shall by notification in the official Gazette, establish1 in the manner provided hereafter, a Board to be called the Uttar Pradesh Homoeopathic Medicine Board, for the purpose of carrying out the provisions of this Act. The Board shall be a body corporate having perpetual succession and common seal and may sue or be used in its corporate name.
1[4. The Board shall consist of the following members, namely— (a) seven members to be nominated by the State Government from amongst the registered homeopaths ; (b) three members to be elected in the manner prescribed by the teachers of the recognized homoeopathic institutions of Uttar Pradesh from amongst themselves ; (c) five members who have put in at least ten years practice in homoeopathy to be elected in the manner prescribed by the registered homoeopaths of the State from amongst themselves ; (d) one member to represent the Kanpur University to be elected by the members of the Board of the Faculty of Homoeopathy, if constituted, and for so long as such Board is not constituted, by the members of the Academic Council of the said University ; (e) the Deputy Director, Homoeopathy, Uttar Pradesh ex-officio ; (f) the Principal, National Homoeopathic College, Lucknow, exofficio ]1 2[Provided that for so long as the member referred to in clause (b) or clause (c) are not elected, the State Government may nominate members belonging to the classes of persons mentioned in that clause, and the members so nominated shall hold office until the due election of members under that clause.]
1[ (1) There shall be a Chairman of the Board who shall be appointed by the State Government from amongst the members of the Board. (2) There shall also be a Vice-Chairman of the Board who shall be elected by the Board from its members. ]
The term of office of a member 1[including a member appointed as Chairman or elected as Vice-Chairman] of the Board shall be three years from the date of his election or nomination as a member. An outgoing Chairman or member, if otherwise qualified, shall be eligible for 2[reappointment or re-nomination] as Chairman or member
Notwithstanding anything contained in this Chapter, the first Board including the Chairman constituted after the enforcement of Part I, shall be nominated1 by the State Government and shall hold office for a period of two years from its constitution or such further period as the State Government may, by order, direct.
(i) The Vice-Chairman or any member may, at any time resign his office by a letter addressed to the Chairman of the Board. Such resignation shall take effect from the date on which it is accepted by the Board. (ii) A Chairman of the Board wishing to resign may forward his written resignation to the State Government. (iii) Such resignation shall take effect from the date on which its acceptance is notified in the official Gazette, by the State Government.
(i) If a member or Chairman of the Board dies or resigns or from any cause whatsoever ceases to be a member or Chairman, as the case may be the vacancy so created shall be filled by a 1[fresh appointment] or nomination, as the case may be, within such period as may be prescribed, for the residuary term. (ii) The term of office of a member or Chairman 2[appointed] or nominated to fill up the vacancy mentioned in sub-section (i) shall be the remainder of term of office of the member or Chairman in whose place he has been so 2[appointed] or nominated : Provided that in the case of an2[appointed] or nominated member if the vacancy is for a period of six months or less, the Board or the State Government respectively may direct that the vacancy be left unfilled for the residuary term.
(1) If any member, during the period for which he has been nominated or elected — (a) absents himself without sufficient cause from three consecutive ordinary meetings of the Board, or (b) becomes subject to any of the disqualifications mentioned in section 17, or (c) being a legal practitioner, appears in any suit or proceeding civil or criminal, against the Board, or (d) obtains any employment under the Board or has without the previous sanction of the State Government acquired directly or indirectly by himself or by a partner any share or interests in any contract with, by or on behalf of the Board — 1[Provided that before removing the members under this subsection, the Board shall call for his/her explanation and record its findings thereon. ] 2[(2) Notwithstanding anything contained in sub-section (1) the chairman or any member nominated under sections 4 and 5 may be removed from his/her office by the State Government after giving him/her such notice as may be prescribed.]
1[11. Any member removed by the Board under section 10 may within ninety days from the date off his/her removal, prefer an appeal to the State Government and the order of the State Government in any such appeal shall be final. ]
. It shall be the duty of the Chairman — (a) unless provided otherwise by this Act or prevented by reasonable cause ; (i) to convene and preside over all meetings of the Board ; (ii) otherwise to control in accordance with any regulation to be made in this behalf, the transaction of business at all meetings of the Board ; (b) to superintend and control the financial and executive administration of the Board and bring to its notice any defect therein ; (c) to perform such other duties as are required of or imposed on him by or under this Act, or rules framed thereunder.
(1) The Board may require the Chairman to furnish it with— (a) any return, statement, estimate, statistics or other information regarding any matter appertaining to the administration of the Board ; (b) a report or explanation on any such matter ; and (c) a copy of any record, correspondence or plan or other document which is in his possession or control as Chairman or which is recorded or filed in the office of any servant of the Board. (2) The Chairman shall comply with every requisition made under sub-section (1) without unreasonable delay. (3) Nothing in this section or in any other provision of this Act shall be deemed to prevent the Board from making regulations authorizing the asking of questions by members at its meetings, subject to such conditions and restrictions as may be prescribed in the rules or regulations.
(1) A Chairman may empower, by general or special order, the Vice-Chairman to exercise under his control any one or more of his power, duties or functions except those specified in clauses (a) and (b) of section 12.
A Vice-Chairman shall —
If any electoral body referred to in section 4 fails, by such date as may be prescribed, to elect the requisite number of member or members or to fill up any vacancy, the State Government shall fill up such vacancy or vacancies.
A person shall be disqualified for being elected or nominated as or for being a member of the Board, if
Every election or nomination of a member or Chairman or the Board and every vacancy in the office of member or Chairman shall be notified in the official Gazette.
(1) There shall be paid to the members of the Board such travelling and daily allowances not exceeding those payable to the members of the State Legislature as may be prescribed.
(1) The Board shall meet at the headquarters of its office which shall be located at Lucknow or at such other place and at such time and the meeting shall be convened in such manner as may be provided by regulations made by the Board.
If at a meeting neither the Chairman nor the ViceChairman is present the members present shall elect one of their members to be the Chairman of the meeting and such Chairman shall perform all the duties and may exercise all the powers of the Chairman of the Board when presiding at the meeting.
1[ * * * * ]
Where, at a meeting of the Board any member or other person refuses to comply with any direction of the Chairman ruling any business, discussion or matter out of order or otherwise regulating the conduct of members or of business, or where any member or person willfully disturbs the meetings, the Chairman may require that member or person to withdraw from the meeting and, in the event of his omitting to do so, may employ against him such force as is necessary, or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.
(1) All questions which may come before a meeting of the Board shall be decided by a majority of the votes of the members present and voting.
. (1) The names of the members present, and the proceedings held and resolutions passed at a meeting of the Board shall be entered in a book to be called the minute book.
(1) Subject to the rules made by the State Government for this purpose, the Board may, by a resolution in that behalf, appoint an advisory committee which may consist of as many members or outsiders co-opted for that purpose or both, as it may decide, for any purpose provided for in this Act, and may appoint a convener who shall preside over the meetings of such committee. In the absence of the convener, the committee may elect any of its members for this purpose.
(1) No vacancy in the Board or in a committee of the Board shall vitiate any act or proceeding of the Board or such committee.
(1) The Board shall with the previous approval of Government, appoint a Registrar who shall be the Secretary to the Board. The Registrar shall receive such salary and allowances as may be prescribed. The Chairman may from time to time grant him leave and may temporarily appoint a person to act in his place. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for all purposes of this Act.
(1) The Board shall, as soon as conveniently may be after the commencement of this Act, and from time to time as occasion may require, make order regulating the maintenance of a register of homoeopaths.
(1) Subject to the provisions of this Act and subject to any general and special orders of the Board, it shall be the duty of the Registrar to keep the register and discharge such other functions as are required to be discharged by him under this Act or by any rules framed by the State Government.
(1) Every person possessing the qualification mentioned in the Schedule shall, subject to the provisions contained in the Act, and on payment of such fees as may be prescribed, in this behalf, be entitled to have his name entered in the register subject to such conditions as the Board may prescribe :
If the Board is satisfied —
The Board shall have power to call upon the governing body or authorities, of a Medical Corporation, examining body or other institution included or desirous of being included in the Schedule —
Every person who applies to have his name entered in the register of homoeopaths, must satisfy the Board that he is possessed of some degree, title or qualification, specified in the Schedule ; and he must inform the Registrar of the date on which he obtained the degree, title or qualification which entitles him to claim registration under this act and shall furnish any other information required by the Registrar in order to enable him to discharge his duties under the Act.
If a person whose name is entered in the register of homoeopaths obtains any title, degree or qualification other than the title, degree or qualification in respect of which he has been registered, he shall on payment of such fee as may be prescribed be entitled to have an entry stating such other title, degree or qualification made against his name in the register, either in substitution for, or in addition to, any entry previously made.
(1) The Board may prohibit the entry in, or order the removal from, the register of the name of any homoeopath —
(i) Every Registrar of Death who receives notice of the death of a person whose name he knows to be entered in the register of homeopaths shall forthwith transmit by post to the Registrar of the Board a certificate of such death, signed by him and stating particulars of the time and place of death.
If a person whose name is not entered in the register of homoeopaths falsely pretends that it is so entered or/uses in connexion with his name or title any word or letters representing that his name is so entered, he shall, whether any person is actually deceived by such representation or not, be punishable with fine which may extend to two hundred rupees.
For the purpose of any enquiry held under clause (b) or sub-section (1) of section 36, the Board or the Committee, as the case may be, shall exercise the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850, and the provisions of sections 5, 8 to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply to every such inquiry and appeal.
(1) The Registrar shall, in every year and from time to time as occasions may require, on or before a date to be fixed in this behalf by the Board, cause to be published in the official Gazette and in such other manner as the Board may prescribe a full or supplementary list of the names for the time being entered in the register and setting forth;
The Board shall have the following 1powers and duties namely :
(1) The Board shall have prepared and laid before it at a meeting to be held in every year before such date, as may be fixed by rules in this behalf, a complete account of the actual and abstracted receipts and expenditure for the year ending on the 31st day of March next following such date together with a budget estimate of the income and expenditure of the Board for the year commencing on the first day of April next following.
As soon as may be after the first day of October, the revised budget for the year shall be framed and such revised budget shall, so far as they be, be subject to all the provisions applicable to a budget made under section 42.
There shall be established a Homoeopathic Fund and there shall be placed to the credit thereof —
The Homoeopathic funds shall be kept in the 1[State Bank of India] or with the previous sanction of the State Government, in any other bank.
Notwithstanding anything contained in any other law for the time being in force ;
Notwithstanding anything in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1898, (Act no. 5 of 1898).
The registered practitioners shall have the same privileges as the medical practitioners registered under the United Provinces Medical Act, 1917, have under the United Provinces Excise Act, 1910, or any other Act for the time being in force.
(1) An appeal shall lie to the State Government from every decision of the Board under this Act, except a decision made by the Board as an appellate authority.
(1) No suit or other legal proceeding shall lie against the State Government in respect of an act done in the exercise of the powers conferred by this Act.
A copy of any proceeding, receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board shall, if duly certified by the Registrar or other person authorized by the Board in this behalf, be received as prima facie evidence of the existence of the entry, or document and shall be admitted as evidence of the entry or document and of the matters therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.
No member or officer or servant of the Board shall in any legal proceeding to which the Board is not a party be required to produce any register or document or to appear as a witness to prove the matters recorded therein, unless ordered by the court for special reasons.
1[ 53. (1) With effect from the date of commencement of the Uttar Pradesh Homoeopathic Medicine (Amendment) Act, 1977, all members of the Board including the Chairman and the Vice-Chairman shall vacate their offices as such and for a period of 2[fifteen years] from the said date such person as the State Government may, from time to time, appoint in that behalf as controller, shall exercise and perform, so far as may be, the powers and duties of the Board and shall be deemed to be the Board for all purposes ;
1[53-A. (1) The State Government shall have power to communicate its views in writing to the Board in respect of anything done or purporting to be done by the Board or any other such matter as may concern the Board and to advise the Board regarding the action to be taken.
1[53-B. (1) The State Government may, by notification, authorize any of the following Universities, namely the University of Agra and the Kanpur University, to hold examination for, and grant diplomas in, Homoeopathy.
(1) No court other than the court of a Magistrate of the first class shall take cognizance of, or try an offence under this Act.
Subject to the provisions of this Act and the rules framed by the State Government thereunder, the Board may frame regulations for regulating the following maters, namely ;
(1) The State Government may, from time to time, make rules consistent with this Act to carry out the purposes of this Act.
1[57. (1) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session for a total period of not less than thirty days comprised in its one session or more than one successive sessions and shall, unless some later date is appointed take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
Unless it is under this Act otherwise expressly provided, no provisions of this Act shall affect a medical practitioner other than a homoeopathic medical practitioner registered under this Act.
The State Government may at any time after the expiry of two years from the date on which Part I comes into force, by notification published in the official Gazette, apply the provisions of this Part or any portion thereof, to the whole or any part of the State from such date as is notified therein :
(1) After the publication of the notification mentioned in section 59 the Registrar shall prepare and keep a list called a “List of persons in practice belonging to the homoeopathic system”, on such date as is mentioned in the said notifications.
No person other than a practitioner registered under Part I of the Act or a person whose name is entered in the list mentioned in section 60 shall practice or hold himself out, whether directly or by implication as practicing or as being prepared to practice the homoeopathic system of medicine, surgery or midwifery :
Any person who acts in contravention of section 61 shall, on conviction for each offence, be punishable with fine, which may extend to two hundred rupees.
1[63. Notwithstanding anything contained in any other section of this Act, no person shall on or after the expiry of one year from the date on which Part II or any section thereof comes into force be entered in the register as a registered practitioner unless he had passed a qualifying examination recognized by the Board. ]
Nothing in sections 61 and 62 shall apply to any person