Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Assam Homeopathic Medicine Act, 1955 11 of 1955 [22 June 1955] CONTENTS 1. Shot title, extent and commencement 2. Definitions 3. Constitution of the First and subsequent Board 4. Formation and life of subsequent Board 5. Compulsory Registration 6. Maintenance of the Register 7. Appointment of the Registrar and Staff 8. Duties, salary and allowances of the Registrar and staff 9. Two categories of Homeopaths 10. Fees for Registered Homeopaths 11. Section 11 12. Penalty for practice of Homeopathy by unauthorised persons 1 3 . Conferring, granting or issuing diploma, license, etc., by unauthorised persons or institutions 14. False assumption of degree, diploma or certificate, to be an offence 15. Homeopathic Fund 16. Section 16 17. Section 17 18. Appeals to State Government from decision of Board 19. Bar to suit and other legal proceedings 20. Control of Board by State Government 2 1 . Court competent to try offences under this Act and take cognizance of offences 22. Delegation of powers 23. Making of Regulations 24. Rules Assam Homeopathic Medicine Act, 1955 11 of 1955 [22 June 1955] PREAMBLE An Act to provide for the development of the Homeopathic system of medicine and its control by the State Government in Assam. Whereas it is expedient to provide for the development of the Homeopathic system of medicine and its control by the State Government in Assam; It is hereby enacted in the 6th year of our Republic: 1. Shot title, extent and commencement :- (i) This Act may be called the Assam Homeopathic Medicine Act, 1955. (ii) It extends to the whole of Assam. (iii) It shall come into force on such date as may be notified by Government. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context-- (a) "Board" means the Board of Homeopathic Medicine constituted under sections 3 and 4 of this Act. (b) "Chairman" means the Chairman of the Board. (c) "Homeopathy" means the system of medicine founded by Dr. Hahnemann and the expression "Homeopathic" shall be construed accordingly. (d) "Member" means a member of the Board. (e) "Prescribed" means prescribed by rules framed under this Act. (f) "Registered Homeopath" means a person who practices the Homeopath system of medicine as his principal occupation and who is registered under the provision of the Act. (g) "Register" means the register of Homeopathic medical practitioners. (h) "Registrar" means the Registrar appointed under this Act. 3. Constitution of the First and subsequent Board :- (1) The State Government may, as soon as may be, by notification in the Official Gazette constitute a Board, to be called "the Board of Homeopathic System of Medicine, Assam." The Board shall be a body corporate and have perpetual succession and a common seal and may by the said name sue and be sued. (2) The Board shall consist of 11 members including the Chairman and shall be constituted in the following manner, viz., (a) Four Homeopaths to be elected by the Registered Homeopaths of the State, (b) Three members of the Legislative Assembly to be nominated by Government, (c) Two members of the Registered medical practitioners of the State to be nominated by Government, (d) One member from the public having interest in Homeopathy to be nominated by Government, and (e) the Director of Health Services: Provided that for the first Board all the non-official members shall be nominated by Government. The Director of Health Services shall be the Ex-officio Chairman of the Board. (3) The First Board shall be constituted within six months from the date the Act comes into force, and the names of the members shall be published in the official Gazette and such Board shall function for a period of three years. 1 XXX XXX XXX. 1. Subs. by s. 2 of Assam Act 27 of 1959. 4. Formation and life of subsequent Board :- (1) Each subsequent Board shall function for a period of three years from the date of the first meeting of the Board constituted as under sub-section (2) of Section 3 and the manner of election and nomination of the members of the Board shall be such as may be prescribed. (2) The period of three years referred to in sub-section (3) of Section 3 and sub-section (1) of this section shall include and shall be deemed always to have included any period which may elapse between the expiry of the said three years and the date of the first meeting of the subsequent Board: Provided that such subsequent Board shall sit within forty-five days from the day of its constitution. (3) The State Government may, by notification, for sufficient cause to be stated therein, direct, from time to time, that the term of the Board be extended by such period not exceeding one year at a time, as may be specified in the notification, provided that the total period of such extension shall not exceed two years C lass A. -- (i) One who is a registered medical practitioner under the Assam Medical Act, 1916 (Assam Act of 1916.) practising exclusively Homeopathy; (ii) One who is a Homeopathic medical practitioner holding degree from a foreign country which entities him to practise medicine in his country subject to the condition that the institution is approved as suitable for the purpose by the Hoard of Homeopathic Medicine; (iii) One who is a Homeopathic medical practitioner who has successfully gone through at least four years course in any Homeopathic institution recognised by the State in which the institution is situated and holding a Diploma or a Certificate from t h e institution, subject to the condition that the standard of qualification is not lower than the standard that would be required for registration by the Assam Homeopathic Medical Board. Class B.-- One who has been engaged in the practice of Homeopathic system of medicine as the principal occupation for a period of not less than five years immediately before the date of the coming into force of this Act. 5. Compulsory Registration :- Within one year from the date of the Gazette notification of the constitution of the Board a person practising Homeopathy shall report his name, address and qualification to the Chairman of the Board for the purpose of registering his name in the manner provided hereafter. 6. Maintenance of the Register :- (1) The First Board shall, as soon as conveniently after its constitution and not later than two years from the enforcement of this Act, make orders regulating the maintenance of a Register of Homeopaths. (2) After the completion of the Register the names of the Homeopaths eligible for practice in Homeopathy shall be published in the official Gazette. (3) The Register shall be kept in such form as may be prescribed. 7. Appointment of the Registrar and Staff :- The First Board shall with the previous approval of Government, appoint a Registrar who shall be the Secretary to the Board, and also appoint the staff necessary for carrying out the purposes of the Act. 8. Duties, salary and allowances of the Registrar and staff :- The duties, salary and allowances and such other matter relating to the Registrar and the staff shall be such as may be prescribed. 9. Two categories of Homeopaths :- There shall be two classes of Registered Homeopaths, viz., Class A and Class B. 10. Fees for Registered Homeopaths :- (1) If it appears to the Board that a person is qualified to have his name entered in the Register as a Class A "Registered Homeopath" his name shall be so entered on payment of a sum of Rs. 20 (twenty) as first annual fees; and if he is qualified to have his name entered in the Register as a "Class B Registered Homeopath" his name shall be so entered on payment of Rs. 15 (fifteen) as first annual fees. On payment of the first annual fees the "Registered Homeopath" shall receive Licenses to practise Homeopathy in the State of Assam. (2) The subsequent annual renewal fees for a "Registered Homeopath" shall be Rs. 10 and Rs. 5 for Class A and Class B respectively. (3) The method and time of depositing License fees by the "Registered" Homeopaths and the contents and the form of the Licenses to practise shall be such as may be prescribed. 11. Section 11 :- After the publication of the names of Homeopaths under section 6 of the Act and after such time as the State Government shall, by notification in the official Gazette, announce, no person other than a "Registered" Homeopath holding a license to practise as hereinbefore provided, shall practise the Homeopathic system of medicine. 12. Penalty for practice of Homeopathy by unauthorised persons :- A n y person who acts in contravention of section 11 shall, on conviction be punishable with fine which may extend to Rs. 200 (two hundred) for the first offence and upto Rs. 500 (five hundred) for every subsequent offence. 13. Conferring, granting or issuing diploma, license, etc., by unauthorised persons or institutions :- (1) No person other than an association or institution recognised or authorised by the Board under this Act shall confer, grant or issue or hold itself out as entitled to confer, grant or issue any degree, diploma, license, certificate or other document stating or implying that the holder, guarantee, or recipient is qualified to practise the Homeopathic system of medicine. Penalty. (2) Whoever contravenes the provisions of this section shall be punishable with fine, which may extend to Rs. 500 (five hundred). 14. False assumption of degree, diploma or certificate, to be an offence :- Whoever voluntarily and falsely assumes or uses any title or description or any addition to his name implying that he holds a degree, diploma, license or certificate conferred, granted or issued by any association or institution recognised or authorised by the Board under this Act or that he is qualified to practise the Homeopathic system of medicine under the provisions of this Act, shall be punishable with fine which may extend to Rs. 200 (two hundred) for the first offence under this section and to a fine which may extend to Rs. 500 (five hundred,) for every subsequent offence. 15. Homeopathic Fund :- There shall be established a Fund for the Board and there shall be placed to the credit thereof. (a) grants and loans if any received from the State Government; (b) all fees received by the Board on account of registration of Homeopaths, admission to the Boards examinations and licensing of firms for sale of drugs under the Act; (c) contributions if any received from any local authority or any Homeopathic Medical Association; and (d) all sums received by or on behalf of the Board from sources other than those mentioned in the foregoing clauses. 16. Section 16 :- (1) The State Government may at its discretion place a lump sum allotment at the disposal of the Board every year for distribution according to rules to the Homeopathic dispensaries and educational institutions in Assam and other suitable purposes connected with the aims and objects of the Act. (2) The Board shall administer, subject to conditions, any fund placed at its disposal by the State Government for specific purposes. 17. Section 17 :- The Fund for the Board shall be kept in a Bank with the previous sanction of the State Government. 18. Appeals to State Government from decision of Board :- (1) An appeal shall lie to the State Government from every decision of the Board under this Act. (2) Every appeal under sub-section (1) shall be preferred within thirty days of the date of such decision. 19. Bar to suit and other legal proceedings :- (1) No suit or other legal proceeding shall lie against the State Government in respect of an act done in the exercise of the powers conferred by this Act. (2) No suit or other legal proceeding shall be maintainable against the Board or any member or any officer or servant of the Board or any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board in respect of anything done under this Act, lawfully and in good faith and with reasonable care and attention. 20. Control of Board by State Government :- If at any time it shall appear to the State Government that the Board has failed to exercise or has exceeded or abused a power conferred upon it by or under this Act, the State Government may, if it considers such failure, excess, or abuse to be of serious character, notify the particulars thereof to the Board; and if the Board fails to remedy such default, excess or abuse within such time as may be fixed by the State Government in this behalf, the State Government may dissolve the Board and cause all or any of the powers and duties of the Board to be exercised and performed by such agency and for such period as it may think fit: Provided that it shall take steps within six months to constitute a new Board under the provisions of this Act. 21. Court competent to try offences under this Act and take cognizance of offences :- (1) No court other than the court of a Magistrate of the first class shall take cognizance of, or try an offence under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer not below the rank of a Sub-Inspector of Police. 22. Delegation of powers :- The State Government or the Board may delegate such of its powers and to such authority as the State Government or the Board, as the case may be, deem necessary. 23. Making of Regulations :- Subject to the provisions of this Act and to the rules framed by the State Government thereunder, the Board may frame regulations for regulating the following matters, namely-- (1) (a) conditions on which educational or instructional institutions may be affiliated to or recognised by the Board; (b) the admission of students to such educational or instructional institutions; (c) the conditions under which students shall be admitted to the examinations of the Board for the purpose of degrees, diplomas and certificates; (d) the number, qualifications and emoluments of teachers of the educational or instructional institutions affiliated to the Board; (e) the fees to be charged for courses of study in such institutions and for admission to the examinations degrees, diplomas and certificates of the Board; (f) the conditions and modes of appointment and duties of examiners and the conduct of examinations, (2) (a) The time and place at which the meeting shall be held; (b) the issue of notices convening such meetings; (c) the conduct of business thereat; (d) the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar; (e) all other matters which may be necessary for the purposes of carrying out the objects of this Act; (3) all such regulations shall be published in the official Gazette; (4) the State Government may, by notification in the official Gazette, cancel or modify any regulation. 24. Rules :- (1) The State Government may, from time to time, make rules consistent with this Act for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for any of the following matters-- (a) the time at which and the place and manner in which election shall be held and nomination made under this Act; (b) regulation of elections under this Act; (c) the conduct of the maintenance of correct minutes of meeting of the Board; (d) the manner in which vacancies of office bearers and members of the Board shall be filled; (e) the privileges, salary and allowances and other conditions of service of the Registrar; (f) the accounts to be kept by Boards, the manner in which accounts shall be audited and published and the power of auditors in respect of disallowance and surcharge; (g) the date before which a meeting shall be held for the sanction of the budget; (h) the method and forms to be adopted in the preparation of the budget; (i) the returns, statements and reports to be submitted by Boards; (j) the form of Register of homeopaths to be maintained under this Act; (k) the application of fees charged under this Act; (l) the manner in which appeals against the decision of the Board shall be heard; (m) allowances if any payable to members of the Board and its Chairman; (n) remuneration to be paid to the Chairman; (o) the furtherance of any objects of the Board as a teaching or examining body; ( p ) maintenance of a patient register by practitioners in the prescribed form; (q) delegation of power by the State Government and by the Board; (r) the furtherance of any other objects of the Act.