Science & Technology Policy
THE HOMOEOPATHY CENTRAL COUNCIL ACT, 1973


 Act No. of Year: ACT NO. 59 OF 1973

Enactment Date: [19th December, 1973.]

Act Objective: An Act to provide for the constitution of a Central Council Homoeopathy and the 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:- 


ACT YEAR NO: 197359



1.Short title extent and commencement. (1) This Act may be called the Homoeopathy Central Council Act, 1973.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date 1 as the Central Government may, by notification of the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States and for different provisions of this Act.




2. Definitions. (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) "Homoeopathy" means the Homoeopathic system of medicine and includes the use of Biochemic remedies;

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1 The provisions of Chapter I, Section 12 and Chapter V shall come into force in the whole of India on 1st August, 1974 and sections 3 to 11 (both inclusive) and 13 to 15 (both inclusive) shall come into force in all States (except the States of Haryana, Himachal Pradesh,
Jammu and Kashmir, Manipur, Meghalaya, Nagaland, Punjab and Tripura) and in the Union territories of Chandigarh and Delhi on 1st August,1974, vide Notification No. S. O. 460(E) dated the 30th July, 1974,Gazette of India, Extraordinary, 1974, Part II, Sec. 3(i), p. 1543.
(Chapter I.-Preliminary. Chapter II.-The Central Council and its committees.)


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

(f) "prescribed" means prescribed by regulations;


(g) "recognised medical qualification" means any of the medical qualifications, in Homoeopathy, included in theSecond 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 construed as a reference to the corresponding law, if any, in force in that State.

3.Constitution of Central Council. (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 Homoeopathy of that
University :


Provided that until any such Faculty or Department of Homoeopathy 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 per cent of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from
amongst persons having special knowledge or practical experience in respect of Homoeopathy 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 members in this Act shall be construed 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.


4. Mode of election. (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.

5.Restriction on elections and membership. (1) No person shall be eligible for election to the Central Council unless he possesses 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.


6.Incorporation of Central Council. 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.


7.Term of office of President, Vice-President and members of Central Council. (1) 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 holds, or who has held, office as President or Vice President of the Central Council, shall be eligible for re- election to that office once, but only once.

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

(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 subsection (1) 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.


8.Meetings of Central Council. (1) The Central Council shall meet at least once in each year at such time and place as may be appointed by the Central Council.

(2) Unless otherwise prescribed, one-third of the total number of members of the Central Council shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members present and voting.


9.The Executive Committee and other committees. (1) The Central Council shall constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act.

(2) (i) The Executive Committee (hereafter in this section referred to as the Committee), shall consist of the President and Vice-President, who shall be members ex officio, and not less than five and not more than seven members who shall be elected by the Central Council from amongst its members.

(ii) The President and the Vice-President shall be the President and Vice-President respectively of the Committee.

(iii) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee shall exercise and discharge such powers and duties as the Central Council may confer or impose upon it by any regulations which may be made in this behalf.


10.Meetings of committees. (1) The committees constituted under section 9 shall meet at least twice in each year at such time and place as may be appointed by the Central Council.
 
(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form a quorum, and all the acts of the committee shall be decided by a majority of the members present and voting. 



11.Officers and other employees of Central Council. The Central Council shall-


(a) appoint a Registrar who shall also act as Secretary;

(b) employ such other persons as it deems necessary to carry out the purposes of this Act ;

(c) require and take from the Registrar or from any other employee, such security for the due performance of his duties as the Central Council deems necessary; and

Chapter III.-Recognition of medical qualifications.)


(d) with the previous sanction of the Central Government, fix the remuneration and allowances to be paid to the President, Vice-President and members of the Central Council
and to the members of the committees thereof and determine the conditions of service of the employees of the Central Council.



1 12.Vacancies in the Central Council and committees thereof not to invalidate acts, etc.No act or proceeding of the Central Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Central Council or the committee, as the case may be.


13.Recognition of medical qualifications granted by certain medical institution in India.(1) The medical qualifications granted by any University, Board or other medical institution in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognised, and the Central Government, after consulting
the Central Council, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification  therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such
medical qualification only when granted after a specified date.


14.Recognition of medical qualifications granted by medical institutions in States or countries outside India.(1) The medical qualifications granted by medical institutions outside India which, are included in the Third Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) (a) The Central Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a Register of practitioners of Homoeopathy, for settling of a scheme of
reciprocity for the recognition of medical qualifications in Homoeopathy, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Third Schedule so as to include therein any


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1 w.e.f. 1st August, 1974.
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medical qualification which the Central Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Third Schedule against such medical qualification declaring that it shall be a recognised medical
qualification only when granted after a specified date.

(b) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any authority referred to in clause (a) and that  authority applies to the Central Government in this behalf, the Central Government, after considering
such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, declare that such qualification shall be a recognised medical qualification and the provisions of clause (a) shall apply accordingly.

15.Rights of persons possessing qualifications included in Second or Third Schedule to be enrolled.(1) Subject to the other provisions contained in this Act, any medical qualification included in the Second or the Third Schedule shall be sufficient qualification for
enrolment on any State Register of Homoeopathy.

(2) No person, other than a practitioner of Homoeopathy who possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy,-


(a) shall hold office as Homoeopathic physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority;

(b) shall practise Homoeopathy in any State ;

(c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical
practitioner ;

(d) shall be entitled to give any evidence at any inquest or any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating
to Homoeopathy.

(3) Nothing contained in sub-section (2) shall affect-

(a) the right of a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to practise Homoeopathy in any State merely on the ground that, on the commencement of
this Act, he does not possess a recognised medical qualification;

(b) the privileges (including the right to practise Homoeopathy) conferred by or under any law relating to registration of practitioners of Homoeopathy for the time being in force in any State, on a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy;

(c) the right of a person to practise Homoeopathy in a State in which, on the commencement of this Act, a State Register of Homoeopathy is not maintained if, on such
commencement, he has been practising Homoeopathy for not less than five years ;

(d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956) [including the right to practise medicine as defined in clause (f) of section 2 of the said Act] or the Indian Medicine Central Council Act, 1970 (48 of 1977) of persons possessing any
qualifications included in the respective Schedules to the said Act.


(4) Any person who acts in contravention of any provision of subsection (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.


16. Power to require information as to courses of study and examinations. Every University, Board or medical institution in India which grants a recognised medical qualification shall furnish such information as the Central Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.


17. Inspectors at examinations. (1) The Central Council shall appoint such number of medical inspectors as it may deem requisite to inspect any medical college, hospital or other institution where education in Homoeopathy is given, or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Government recognition of medical qualifications granted by that University, Board or medical institution.

(2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Homoeopathy, as the case may be, or on the sufficiency 
of every examination which they attend.

(3) The Central Council shall forward a copy of any such report to the University, Board or medical institution concerned, and shall also forward a copy with the remarks of the University, Board or medical institution thereon, to the Central Government.