Bare Acts Live

The M.P. Homoeopathy Parishad Adhiniyam, 1976

No. 19 of 1976

mp315

Chapter I

Preliminary

(a) "approved institution" means a hospital, health center or such other institution in which a person may undergo training, if any, required by his course of study before the award of any medical qualification in Homoeopathy;

(b) "Council" means the State Council of Homoeopathy constituted under Section 3;

(c) "enlisted practitioner" means a practitioner in Homoeopathy whose name is entered in the list maintained under the repealed Act;

(d) "Homoeopathy" means the system of medicine founded by Dr. S. Hahnemann and includes Dr. Suchussler's system of Biochemic remedies whether supplemented or not by such modern advances as the Council may, from time to time, determine and the expression "homoeopathy" shall be construed accordingly;

(e) "medical institution" means any institution within or without the State which grants degrees, diplomas or licences in Homoeopathy;

(f) "recognised institution" means an institution recognised under Section 33;

(g) "recognised qualification" means any of the medical qualifications in Homoeopathy included in the Schedule;

(h) "Register" means the register maintained under Section 21;

(i) "Registered practitioner" means a person whose name is for the time being entered on the register;

(j) "regulation" means a regulation made under Section 52;

(k) "Repealed Act" means the Madhya Pradesh Homoeopathic and Biochemic Practitioners Act, 1951 (No. 26 of 1951);

(l) "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.

Chapter II

Constitution of State Council of Homoeopathy

(a) one member representing each of the Revenue Commissioner's division in the State, to be elected from amongst themselves by persons enrolled on the register as practitioner in Homoeopathy in that division.

(b) one member to be nominated by the State Government from each of the following :-

(i) Principals of recognised Homoeopathy Colleges in the State;

(ii) Teachers of recognised Homoeopathy Colleges in the State;

(iii) Members of State Medical Service practising Homoeopathy;

(c) Five members to be nominated by the State Government that is two from amongst persons having special knowledge or practical experience in respect of Homoeopathy and three from other related medical disciplines;

(d) One member of the Executive Council of a University to be nominated by the State Government;

(e) Deputy Director of Homoeopathy, Madhya Pradesh :

(a) if he has been convicted by a Court for an offence involving moral turpitude;

(b) if he is of an unsound mind and stands so declared by a competent Court;

(c) if he is an undischarged insolvent;

(d) if he is a full time employee of the Council;

(e) if his age is less than twenty-five years;

(f) if he is a dismissed employee of the Council, Central Government, State Government or any local authority;

(g) if he has any share or interest in any contract with, by or on behalf of, the Council directly or indirectly.

(a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or

(b) if he becomes subject to any of the disqualifications specified in sub-section (1) of Section 5; or

(c) in the case of a member elected under clause (a) of sub-section (1) of Section 3, if he ceases to be enrolled on the register; or

(d) in the case of a member nominated under clause (b) or clause (d) of sub-section (1) of Section 3, if he ceases to hold the office by virtue of which he has been so nominated;

(a) in the absence of the President, exercise the powers and perform the functions of the President; and

(b) at any time perform any duty and exercise, when occasion arises, any power delegated to him by the President under sub-section (5).

Chapter III

Conduct of Business of Council and its Committees

(a) an ordinary meeting shall generally be held at least once every six months;

(b) the President may, whenever, he thinks fit and shall, on a requestion signed by not less than one-third of the total number of members constituting the Council for the time being, call a special meeting;

(c) every meeting shall be presided over by the President and in his absence by the Vice-President and in the absence of both the President and the Vice-President, by any member chosen by the members present for the meeting to preside for the occasion;

(d) all questions at any meeting shall be decided by a majority of the members present and voting and in case of equality of votes, the person presiding shall have and exercise a second or casting vote;

(e) the names of the members present and the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose;

(f) the minutes shall be approved by the Council in the same meeting or the meeting next following and signed by the President or the person presiding at the meeting a copy thereof shall be forwarded to the State Government or to such officer of the State Government as the State Government may specify in this behalf, within fifteen days from the date of approval.

Chapter IV

Council Fund, Budget and Audit

(a) all fees collected in respect of registration made under this Act;

(b) all fees collected in respect of examinations conducted by the Council under this Act;

(c) any other fees that may be charged and collected by the Council under this Act or the rules and regulations made thereunder;

(d) any grants or loans that may be made by the Central Government or the State Government for the purpose of this Act;

(e) any grants or loans that may be made by any person for the purpose of this Act;

(f) all sums that may be received by the Council by way of donation, trust, bequest or any other grant.

Chapter V

Registrar and Other Employees of the Council

Chapter VI

Registration

(a) in an approved institution, if the course of study includes a period of training to be undergone for obtaining a recognised qualification before such qualification is conferred on him;

(b) till the recognised qualification is conferred upon him at a convocation held by the Council in accordance with the provisions of this Act.

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

(b) direct that the name of such practitioner,-

(i) be removed from the register for such period as may be specified in the direction, or

(ii) be removed from the register permanently.

(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 (No. 2 of 1974);

(ii) infamous conduct in any professional respect that is to say professional misconduct specified by the regulations under sub-section (2) of Section 24 of the Homoeopathy Central Council Act, 1973 (No. 59 of 1973).

(a) he has expired;

(b) he has ceased to practise;

(c) he being a practitioner in any system of medicine other than Homoeopathy has ceased to practise Homoeopathy.

(a) the registered address and appointment held by or actual employment of, each person whose name is entered in the register; and

(b) the registered titles, degrees, diplomas and other qualifications of each such person and the date on which each such title, degree or diploma was granted or qualifications certified :

Chapter VII

Privileges of Registered Practitioner

(1) the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word or expression importing that a person is recognised by law as a medical practitioner or as a member of the medical profession, shall in all Acts of the Legislature of Madhya Pradesh and in all Central Acts in their application to Madhya Pradesh in so far as such Acts relate to any of the matters specified in List II or List III of the Seventh Schedule to the Constitution of India shall include a registered practitioner;

(2) a certificate required by or under any Act or rule having the force of law from any medical practitioner or medical officer shall be valid if such certificate has been granted by a registered practitioner;

(3) a registered practitioner shall be eligible to hold any appointment to any professional office by whatever designation called, in any Homoeopathic dispensary, hospital, asylum, infirmary, lying-in-hospital supported by or receiving a grant from the State Government or any local authority, or in any public or private establishment, body or institution dealing with such systems of medicine;

(4) every registered practitioner shall be entitled to practise within the State as a medical practitioner and to recover in due course of law in respect of such practice any expenses or charges in respect of medicaments or other appliances, or any fees to which he may be entitled;

(5) every registered practitioner shall be exempted if he so desires from serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1973 (No. 2 of 1974).

(1) no person other than a practitioner registered under Section 22 shall practise for gain or hold himself out whether directly or by implication, as practising or competent to practise Homoeopathy for gain;

(2) no person other than a registered practitioner,-

(a) shall sign or authenticate a birth or death certificate required by any law or rule for the time being in force to be signed or authenticated by a duly qualified medical practitioner;

(b) shall sign or authenticate a medical or physical fitness certificate required by any law or rule for the time being in force to be signed or authenticated by a duly qualified medical practitioner;

(c) shall be qualified to give evidence at any inquest or in any Court of law as an expert under Section 45 of Indian Evidence Act, 1872 (No. 1 of 1872), on any matter relating to medicine.

Chapter VIII

Education in Homoeopathy, Conduct of Examination, Courses of Studies and Recognition of Institutions

(a) the applicant has complied with the provisions of the Madhya Pradesh Chikitsa-Shiksha Sanstha (Niyantran) Adhiniyam, 1973 (No. 19 of 1973) and has been granted permission to establish and administer or run the institution of medical education;

(b) the minimum standards of education in Homoeopathy, if any, prescribed under Section 20 of the Homoeopathy Central Council Act, 1973 (No. 59 of 1973) are fulfilled.

(a) to furnish within such period such particulars as the Council may require of any course of study prescribed by regulations or of any examination held by such institution;

(b) to furnish the Council the financial position of the college and the governing body; and

(c) to permit visitor or inspector or any member appointed by the Council or the Central Council of Homoeopathy or the State Government in this behalf to inspect the institution and the hospitals attached to them and to attend at all or any of the examinations held by the institutions.

(a) stipends to the poor and deserving students;

(b) scholarships for research and higher or special study in Homoeopathy in any institution that the Council may think fit whether in India or abroad.

Chapter IX

Control

(a) all the members as well as the President and the Vice-President of the Council shall, as from the date of dissolution of such Council, be deemed to have vacated their offices;

(b) all powers and duties of the Council under this Act shall subject to the control of the State Government, be exercised by an officer to be called the administrator as the State Government may, by notification, appoint in this behalf.

(c) all property vested in the Council shall vest in the Administrator in trust for the purposes of this Act.

(a) any returns, statistics or any other information, regarding any matter appertaining to the administration of the Council;

(b) a report or explanation on any such matter;

(c) a copy of any record, correspondence, plan or other documents which is in his possession or control as President or which is recorded or filed in the office of any servant of the Council.

Chapter X

Miscellaneous

(a) the Council from every decision or order of the Registrar under this Act;

(b) the State Government from every decision of the Council under this Act except a decision in appeal made by the Council under clause (a).

Chapter XI

Rules and Regulations

(a) the manner of election of the President and Vice-President of the Council under sub-section (2) of Section 3;

(b) the mode of election of members under Section 4;

(c) the resignation of President, Vice-President and members;

(d) the manner of holding meeting for the purpose of Section 8;

(e) the summoning and holding of meetings of the Council and the committees thereof, the times and places where such meetings are to be held, and the conduct of the business and maintenance of the minutes of the proceedings thereat and the number of members necessary to constitute a quorum at the meetings of the committees;

(f) the remuneration or allowance to be granted to President, Vice-President or member under Section 15;

(g) (i) the date before which the intervals at which and the manner in which, the accounts of Council shall be prepared under sub-section (1) of Section 17;

(ii) the manner of submission of copy of audited accounts to the State Government under sub-section (3) of Section 17;

(h) (i) the form in which the budget shall be prepared under sub-section (1) of Section 18, and the time at by which and the manner in which the same shall be laid before the Council;

(ii) the form in which and the date by which the supplementary budget shall be prepared under sub-section (4) of Section 18;

(i) the cadre, qualifications, salary and allowances and other terms and conditions and the disciplinary control and right of appeal of the Registrar under Section 19;

(j) the number, cadre, qualifications, recruitment, salary allowances and other terms and conditions of service including disciplinary control and right of appeal of the officers and servants of the Council other than the Registrar to be prescribed under Section 20;

(k) (i) the manner in which the register shall be maintained under sub-section (1) of Section 21;

(ii) the manner in which the register shall be published under sub-section (2) of Section 21;

(l) (i) the fee and the form in which the application shall be made under sub-section (1) of Section 2;

(ii) the fee and the manner of payment of fee under sub-section (2) of Section 22;

(iii) the form in which certificate of registration shall be given under sub-section (3) of Section 22;

(m) the manner in which inquiry shall be held under sub-section (1) of Section 25;

(n) the number, cadre, qualifications, recruitment, salary, allowances and other terms and conditions of service including disciplinary control and right of appeal of the inspectors to be appointed under the sub-section (2) of Section 35;

(o) the period within which and the manner in which the appeal shall be preferred under Section 48 and the fee which shall accompany such appeal;

(p) any other matter which is to be or may be prescribed by, or provided for by rules made under this Act.

(a) the election of members to the Executive Committee and other committees of the Council;

(b) the powers and duties of the Executive Committee;

(c) the powers and duties of the Court to be conferred on the President under Section 10;

(d) the manner in which the list of registered practitioners shall be published under Section 26;

(e) the courses of study for training and qualifying examinations and the conditions of admission of students of the institutions and the examination under Section 32;

(f) the conditions of appointment of examiners and all matters related with conduct of examinations, including remuneration and other expenses;

(g) the number, qualifications and emoluments of teachers of the recognised institutions and the fees to be charged for the courses of study in each institution;

(h) conditions of recognition of institutions and maintenance of standard of education in such institution;

(i) the conditions subject to which stipends, scholarships, prizes and medals shall be granted;

(j) any matter for which under this Act provision may be made by regulations.

Chapter XII

Savings

Chapter XIII

Transitory Provisions

Schedule

(Section 22)

Recognised Medical Qualifications in Homoeopathy granted by Universities, Councils, Boards or Medical Institutions in India and Abroad