The Homeopathy Central Council Act, 1973

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The Homeopathy Central Council Act, 1973 was enacted on 19 December 1973 by Parliament in 24th Year of Republic of India which extends to whole of India. The aim of this Act was to maintain Central Register of Homoeopathy and to provide for constitutions of Central Council of Homoeopathy.

Section 2 of the Act explains about different definitions of the Act like Board, Central Council, Central Register of Homoeopathy, Homoeopathy, Medicine Institution, Prescribed, Recognised Medical Qualification, Regulation, State Register of Homoeopathy, and University. If anything of this Act is not in force in State of Jammu and Kashmir then any law in force in that state can be referred to.

Constitutions of the Central Council is done by Central Government after Gazette notification. President and Vice President of the Central Council shall be elected members from amongst themselves as prescribed under the Act. Mode of Election, restrictions on elections, incorporation of Central Council, Term of Office of President, Vice President and its members, meeting of Central Council, executive committees and meetings of it, officers and other employees of Central Council are all explained in detail under Chapter 2.

Chapter 2A under Section 12A of the Act explains about Central Governments previous permission has to be taken to establish a new medical institution or new course of study.  When a person or a medical institution puts a scheme to obtain permission from Central Government it may consider such scheme and if defective give time to rectify the defects to such person/medical institution. It has the power to approve or disapprove the scheme but no disapproval shall be made without giving person reasonable opportunity of being heard. If any approve/disapproval is made a copy of such order has to be provided to the concerned person. If any permission applied for a scheme has exceed over a period of one year from date of submission and Central Government has not make any order it shall be deemed to have been approved.

Section 12B explains about non-recognition of medical qualifications in some cases.

Chapter 3 of the Act explains about any medical qualifications granted by University, Board in India shall be a medical qualification under the Act. Medical qualifications granted by any other institutions outside India shall also be recognised under this Act. A person holding a recognised medical qualification can enrol on State or Central Register of Homoeopathy.

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Details of courses to study in the university, inspectors at exams, visitors at exams, withdrawal of recognition, minimum standard of education in homeopathy are also discussed in the Act.

Chapter 4 of the Act states about Central Register of Homoeopathy, Duty of Registrar i.e. to maintain it and such register shall be considered public document under Indian Evidence Act, 1872. Supply of state register to Central Council, Registrar’s duty to enter registered person’s name in Central Register, removal of such names, provisional registration to practice, enrolled persons privileges are also explained in detail.

Chapter 5 of the Act states about Central Council should furnish reports, copies of its minutes to Central Government and Central Government can publish such reports as it may deems fit.

Section 30 states that if Central Council is not complying with provisions of the said Act then Central Government can refer the complaint to Commission of Inquiry which consists of 3 members of which 1 is a Judge from the High Court, one member by Central Council.

Central Government has power to recommend Central Council to adopt to certain remedies with regard to report of commission and if Council fails to do so then Central Government can take any other steps as it deems fit. Commission of Inquiry has the power to administer oath, production of documents, enforce attendance of witness, and any other power to act under the Code of Civil Procedure 1908.

No legal proceedings shall be made against any Central Council, Board or Government or authorised officer for any act done in good faith under this Act.  Central Government by notification can make rules and it has to be put before Houses of Parliament when it is in session for 30 days and it has the right to modify such rule. Central Council with sanctions from central Government by Gazette notification can make regulations with regard to Election of President/Vice-President, management of council’s property, resignation of council members, powers and duties of President/Vice-President, council holding meetings, functions of committees, tenure of office, powers and duties of Registrar, qualifications appointments and powers of inspectors, training, accommodation in educational institutions, conducting exams, professional conduct and etiquette, qualification for registration, application fees etc. Every such regulation should be put before Houses of Parliament when it is in session for 30 day period and it can modify the regulation if it feels necessary. The Homoeopathy Central Council (Amendment) Bill 2005 was framed to amend the existing Act of 1973.

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by Sushma Javare