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The Board of Homoeopathic System of Medicine, Bombay (Reconstitution and Reorganisation) Order, 1961
Published vide Notification Gazette of India, 1961, Part 2, Section 3(i), p. 1511 (w.e.f. 15th October, 1961)
MH227
(a) "Act" means the Bombay Homoeopathic Act, 1951 (Bombay Act 48 of 1951);
(b) "appointed day" means the date of the commencement of this Order;
(c) "Bombay area of the State of Maharashtra" means the area of the State of Maharashtra to which the Act extends;
(d) "Bombay area of the State of Gujarat" shall have the same meaning as is assigned to it in the Bombay General Clauses Act, 1904, in its application to the State of Gujarat to which this Act extends;
(e) "existing Board" means the Board of Homoeopathic System of Medicine, Bombay, constituted under the Act, and which is functioning and operating immediately before the appointed day in the Bombay area of the State of Maharashtra and in the Bombay area of the State of Gujarat;
(f) "existing Court" means the Court of Examiners constituted under Section 17 of the Act and which is functioning and operating immediately before the appointed day in the Bombay area of the State of Maharashtra and the Bombay area of the State of Gujarat;
(g) all other words and expressions used herein and not defined, but defined in the Act, shall have the meanings, assigned to them in the Act.
3. Dissolution of existing Board and constitution of separate Boards for Bombay area of State of Maharashtra and Bombay area of State of Gujarat. - (1) As from the appointed day,-(a) the existing Board shall stand dissolved, and the members thereof shall vacate their office;
(b) the Government of Maharashtra shall constitute for the Bombay area of the State of Maharashtra a Board consisting of a President and such other members (not exceeding ten), as that Government may think fit to nominate from amongst registered practitioners;
(c) the Government of Gujarat shall constitute for the Bombay area of the State of Gujarat a Board consisting of a President and such other members (not exceeding ten), as that Government may think fit to nominate provided that the President and other members not less than seven shall be from amongst registered practitioners.
(2) The members of each of the Boards constituted under sub-paragraph (b) or (c) of paragraph (1) shall hold office for a period of two years, or until a new Board is duly constituted by the respective State Governments under Section 3 of the Act, whichever is earlier. 4. Dissolution of existing Court and constitution of separate Courts for Bombay area of State of Maharashtra and Bombay area of State of Gujarat. - (1) As from the appointed day,-(a) the existing Court shall stand dissolved, and the members thereof shall vacate their office;
(b) the Government of Maharashtra shall constitute for the Bombay area of the State of Maharashtra a Court consisting of the Surgeon General with the Government of Maharashtra as the Chairman and six other members as the State Government may think fit to nominate:
(c) the Government of Gujarat may constitute for the Bombay area of the Stale of Gujarat a Courts consisting of the Director of Health and Medical Services, State of Gujarat as tire Chairman and other members not exceeding six as the State Government may think fit to nominate.
(2) The members of the Courts so constituted shall hold office for a term coterminus with the term of office of the members of their respective Boards. 5. Appointment of Registrars. - The Registrar of the existing Board holding office immediately before the appointed day shall, as from that date, be the Registrar of the Board constituted for the Bombay area of the State of Maharashtra, on the same terms and conditions as were applicable to him immediately before that date, and until they are duly varied by a competent authority under the Act. 6. Provision relating to employees of existing Board other than Registrar. - All officers and servants (other than the Registrar) of the existing Board holding office immediately before the appointed day, shall, as from that date, be deemed to have been allotted to serve under the Board constituted for the Bombay area of the State of Maharashtra, on the same terms and conditions which were applicable to them immediately before that date, and until they are duly varied by a competent authority under the Act. 7. Provision regarding register. - The register duly maintained under the Act and in force immediately before the appointed day in the Bombay areas of the States of Maharashtra and Gujarat, shall on and from that date be deemed to be the register for each of the areas of the States of Maharashtra and Gujarat to which the Act extends; and the names of registered practitioners on such register shall, without further fee or charge, continue thereon for the period for which such registration was made or renewed, or until duly amended or altered under the other provisions of the Act. 8. Recovery of outstanding fees and dues. - All fees and other dues payable to the existing Board under the Act shall,-(a) if the dues are payable in respect of the period beginning on the first day of May, 1960, and ending on the appointed day, by any practitioner who is ordinarily resident in the State of Gujarat, be recovered by the Board constituted for the Bombay area of the State of Gujarat:
(b) in any other case, be recovered by the Board constituted for the Bombay area of the State of Maharashtra, except that the dues payable in respect of the period prior to the first day of May, 1960, shall be apportioned among the Boards constituted for the Bombay area of the State of Maharashtra and Bombay area of the Slate of Gujarat in tire manner provided in paragraph 9.
9. Division of moneys of existing Board. - The cash balances held by the existing Board, immediately before the appointed day, shall, after deducting all the liabilities of the existing Board up to that date, be apportioned among the Boards constituted for the Bombay area of the State of Maharashtra and the Bombay area of the State of Gujarat in proportion to the number of pract itioners ordinarily resident in the respective area as shown in the register on the appointed day. 10. Residuary provision. - Any other assets or liabilities (except office equipment) of the existing Board not expressly hereinbefore provided for, shall be apportioned among the Boards constituted for the Bombay area of the State of Maharashtra and the Bombay area of the State of Gujarat in the manner provided in paragraph 9. 11. Legal Proceedings. - Where immediately before the appointed day, the existing Board is a party to any legal proceeding instituted in any Court, by or against any practitioner or other person,-(a) if the Court is situated in the State of Gujarat, the Board constituted for the Bombay area of that State;
(b) in any other case, the Board constituted for the Bombay area of the State of Maharashtra,
shall respectively be deemed to be substituted for the existing Board as a party to those proceedings, and the proceedings may continue accordingly. 12. Contracts. - Where before the appointed day, the existing Board has made any contract which on that date is subsisting, that contract shall be deemed to have been made-(a) if the purposes of the contract are as from the appointed day exclusively relatable to the Bombay area of the State of Gujarat, by the Board constituted for that area;
(b) in any other case, by the Board constituted for the Bombay area of the State of Maharashtra;
and accordingly, all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabilities of the existing Board, be the rights and liabilities of the Board constituted for the Bombay area of the State of Gujarat or the Board constituted for the Bombay area of the State of Maharashtra, as the case may be. 13. Transfer of certain proceedings pending before existing Board. - Any proceeding relating to a practitioner which is pending immediately before the appointed day before the existing Board shall on that date stand transferred for disposal according to law -(a) to the Board constituted for the Bombay area of the State of Gujarat, if the practitioner is ordinarily resident in the State of Gujarat; or
(b) in any other case, to the Board constituted for the Bombay area of the State of Maharashtra.
14. Saving. - Any rules or regulations framed by or in respect of the existing Board shall, until other provision is made under tire Act by or in respect of the relevant Board be deemed to be the rules or regulations framed by or in respect of the Board constituted for the Bombay area of the State of Maharashtra and the Board constituted for the Bombay area of the State of Gujarat. 4. After Section 3, the following new section shall be inserted, namely:- "3A. Temporary provision in respect of Board in Maharashtra and Gujarat, Bombay areas-(1) The Board of Homoeopathic System of Medicine, Bombay, constituted under Section 3 of (he Act and functioning and operating in a part of the areas of the States of Maharashtra and Gujarat to which this Act extends (hereinafter referred to as "the Bombay a rea of the State of Maharashtra" and "the Bombay area of the State of Gujarat", respectively), immediately before the date on which an Order issued under Section 4 of the Inter-State Corporation Act, 1957 (Central Act 38 of 1957), comes into force shall, as f rom that date, stand dissolved and the members thereof shall notwithstanding anything contained in Section 6 vacate their office. (2) As from the date specified in sub-section (1)-(a) the Government of Maharashtra shall constitute for the Bombay area of the State of Maharashtra a Board consisting of a President and such other members (not exceeding ten), as that Government may think fit to nominate from amongst registered practitioners;
(b) the Government of Gujarat shall constitute for the Bombay area of the State of Gujarat a Board consisting of a President and such other members (not exceeding ten), as that Government may think fit to nominate, provided that the President and other members not less than seven shall be from amongst registered practitioners.
(3) The Board constituted under sub-sect ion (2) shall be deemed to be a Board constituted under Section 3 (4) The members of the Board constituted under sub-section (2) shall, notwithstanding anything contained in Section 6, hold office for a period of two years from the date specified in sub-section (1), or until a new Board is duly constituted for the respective area under Section 3, whichever is earlier.". 5. After Section 17, the following new section shall be inserted, namely:- "17A. Temporary provision in respect of Court of Examiners.-(1) The Court of Examiners constituted under Section 17 and functioning and operating in the Bombay areas of the States of Maharashtra and Gujarat to which this Act extends, immediately before the date on which an Order issued under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) comes into force shall, as from that date, stand dissolved and the members thereof shall notwithstanding anything contained in Section 17 or the rules made thereunder vacate thei r office. (2) As from the date specified in sub-section (1)-(a) the Government of Maharashtra shall constitute for the Bombay area of the State of Maharashtra to which this Act extends a Court of Examiners consisting of the Surgeon General with the Government of Maharashtra as the Chairman and six other members as the State Government may think fit to nominate;
(b) the Government of Gujarat may constitute for the Bombay area of the State of Gujarat to which this Act extends a Court of Examiners consisting of the Director of Health and Medical Services, State of Gujarat as the Chairman and other members not exceeding six, as the State Government may think fit to nominate.
(3) The Court of Examiners constituted under sub-section (2) shall be deemed to be the Court of Examiners constituted under Section 17 and the members thereof shall hold office for a term co-terminus with tire term of office of the members of the Board constituted under sub-section (2) of Section 3A." 6. After Section 18, the following shall be inserted, namely:- "18A. Temporary provision in respect of register in Maharashtra and Gujarat, Bombay areas. - The register duly prepared under this Act and in force in the Bombay areas of the States of Maharashtra and Gujarat to which this Act extends, immediately before the date on which an Order issued under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) comes into force, shall on and from that date, be deemed to be the register for the Bombay area of the State of Maharashtra and also for the Bombay area of the State of Gujarat, and the names of registered practitioners on such register shall, without further charge or fee, continue thereon for the period for which such registration was made or renewed, or until duly amended or altered under the other provisions of this Act." 7. In Section 27, in Clause (i), for the portion beginning with the words "All Acts of Legislature" and ending with the words "in so far as", the following shall be substituted, namely:- "All Acts of the State Legislature and in all Central Acts in their application to the State in so far as". 8. After Section 30, the following shall be inserted, namely:- "30A. Temporary provision in respect of institutions.-Any institution which was granted recognition under this Act and the recognition of which is in force on the date of commencement of the Order made by the Central Government in respect of this Act under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) shall on the same terms and conditions, continue thereafter to be recognised by the State Government of the State in which such institution is situate, until the recognition is duly withdrawn."
