Homoeopathy Central Council Act 1973

An Act to provide for the constitution of a Central Council of Homoeopathy and maintenance of a Central Register of Homoeopathy and for matters connected therewith.

Be it enacted by Parliament in the Twenty fourth year of the Republic of India as follows

Chapter I {Preliminary)

Chapter II {The Central Council Act and Its Committees)

Chapter II A

Chapter III {Recognition of Medical {Qualifications)

Chapter IV {The Central Register of Homoeopathy)

Chapter V {Miscellaneous)

* Amended vide Homoeopathy Central Council Amendment Act, 2002 (No. 51 of 2002) published in Gazette of India on 9th December, 2002

CHAPTER – l (PRELIMINARY)

Short title, extent and commencement 

1. i) This act may be called the Homoeopathy Central Council Act, 1973.

ii) It extends to the whole of India.

iii) It shall come into force in a State on such date as the Central Government may, be notification in the Official Gazette, appointing this behalf for such State and different dates may be appointed for different States and for different provisions of this Act.

Definition

2. (1) In this, Act, unless the context otherwise requires-

• (a) “Board” means a Board, Council, Examining Body or Faculty of Homoeopathy (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of Homoeopathy
• (b) “Central Council” means the Central Council of Homoeopathy constituted under section 3,
• (c) “Central Register of Homoeopathy” means the register maintained by the Central Council under this Act,
• (d) “Central Council” means the Central Council of Homoeopathy constituted under section 3,
• (e) “Medical Institution” means any institution within or without India which grants Degrees, Diplomas or licenses in Homoeopathy,
• (f) “Prescribed” means prescribed by regulations
• (g) “Recognised medical qualification” means any of the medical qualifications in Homoeopathy included in the Second or the Third Schedule
• (h) “Regulation” means a regulation made under section 33,
• (i) “State Register of Homoeopathy” means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Homoeopathy,
• (j) “University” means any University in India established by law and having a Faculty of Homoeopathy and includes a University in India established by law in which instruction, teaching, training or research in Homoeopathy is provided.

(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be constructed as a reference to the corresponding law, if any, in force in that State.

CHAPTER – II (THE CENTRAL COUNCIL AND ITS COMMITTEES)

Constitution of Central Council

3. (1) The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely

(a) Such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule from each State in which a State Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled on that register as  practitioners of Homoeopathy,

(b) One member from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of Homeopathy of that University. Provided that until any such Faculty or Department of Homeopathy is started in at least seven Universities, the Central Government may nominate such number of members not exceeding seven as may be determined by the Central Government from amongst the teaching staff of medical institutions within India, so however, that the total number of members so nominated and elected under this clause shall in no case exceed seven,

(c) Such number of members, not exceeding forty percent of the total number of members elected under clause (a) and (b), as may be nominated by the Central Government from amongst persons having special knowledge or practical experience in respect of Homeopathy or other related disciplines:

Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit, and references to elected as including references to members so nominated.

(2) The President and the Vice-President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed, Provided that for two years from the first constitution of the Central Council, the President and the Vice-President shall be nominated by the Central Government from amongst the members of the Central Council and the President and the Vice-President so nominated shall, notwithstanding anything contained in sub-section (1) of section 7, hold office during the pleasure of the Central Government.

Mode of election

4. (1) An election under clause (a) or clause (b) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf.

(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Government whose decision shall be final.

Restriction on elections and membership

5. (l) No person shall be eligible for election to the Central Council unless he posses any of the medical qualifications included in the Second or the Third Schedule is enrolled on any State Register of Homoeopathy and resides in the State concerned.

(2) No person may at the same time serve as a member in more than one capacity.

Incorporation of Central Council

6. The Central Council shall be a body corporate by the name of the Central Council of Homoeopathy having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Term of office of President, Vice President and members of Central Council

7. (l) The President, Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination, as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer.

(2) A person who hold or who has held office as President or Vice-President of the Central Council, shall eligible for re-election to that office once, but only once.

(3) Members of the Central Council shall be eligible for re-election or re-nomination.

(4) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council from three consecutive ordinary meetings of the Central Council or, in the case of a member elected under clause (a) of sub-section (l) of section 3, if he ceases to be enrolled on the concerned State Register of Homoeopathy, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by whatever name called) of Homoeopathy of the University concerned.

(5) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.

(6) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.

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