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The Homoeopathy Central Council Act
CHAPTER - III ( RECOGNITION OF MEDICAL QUALIFICATIONS )
| Recognition of medical qualifications granted by certain medical in situations in India. |
13.(1)
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The medical qualifications granted by any University, Board or other
medical institution in India which are included in the Second Schedule
shall be recognized medical qualifications for the purposes of this Act
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(2)
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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 recognized, 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.
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| Recognition of Medical qualifications granted by medical institutions in States or countries outside India. |
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14. (1)
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The medical qualifications granted by medical institutions outside India which are included in the Third Schedule shall be recognized medical qualifications for the purposes of this Act.
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(2)
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(a)
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The Central Council may enter into negotiations with the authority in any Sate or country outside India, which by the law of such State or country is entrusted with the maintenance of a Register of practitioners of Homeopathy for setting of a scheme of reciprocity for the recognition of medical qualifications in Homoeopathy and in pursuance of any such scheme, the General Government may, by notification in the Official Gazette, amend the Third Schedule so as to include therein any medical qualification which the Central Council has decided should be recognized medical qualification only when granted after a specified date.
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(b)
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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 recognized medical qualification and the provisions of clause (a) shall apply accordingly.
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| Rights of persons possessing qualifications included in Second or the Third Schedule to be enrolled. |
15. (1)
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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 Sate Register of Homoeopathy.
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(2)
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No person, other than a practitioner of Homeopathy who possess a recognized medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy.
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(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;
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(b) |
shall practise Homoeopathy in any State;
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(c) |
shall be entitled to sign or authenticate a medial or fitness certificate or any other certificate required by an law to be signed or authenticated by a duly qualified medical practitioner;
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(d) |
shall be entitled to sign or authenticate a medial or fitness certificate or any other certificate required by an law to be signed or authenticated by a duly qualified medical practitioner;
1 of 1872
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(3)
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Nothing contained in sub-section (2) shall affect:
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(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, one the commencement of this Act, he does not possess a recognized medical qualification;
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(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 Practitiner of Homoeopathy enrolled on a State Register of Homoeopathy;
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(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.
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(d) |
Nothing contained in sub-section (2) shall affect:
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(4)
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Any person who acts in contravention of any provision of sub-section (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.
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| Power to require information as to courses to study and examination. |
16.
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Every University, Board of medical institution in India which grants a recognized medical qualification shall furnish such information as the Central Council may, from time to time, require as to the courses of study and examination to be undergone in order to obtain such qualifications, 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 requisite for obtaining such qualification.
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| Inspectors at examinations. |
17 (1)
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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 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 of medical institution.
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(2)
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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, on the sufficiency of every examination which they attend.
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(3)
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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 or medical institution thereon, to the Central Government.
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| Visitors at Examinations. |
18. (1)
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The Central Council may appoint such number of visitors 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 for
the purpose of granting recognized medical qualification.
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(2)
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Any person, whether he is a member of the Central
Council or not may be appointed as a visitor under this section but a
person who is appointed as an inspector under section 17 for any
inspection or examination shall not be appointed as a visitor for the
same inspection or examination.
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(3)
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The visitors shall not interfere with the conduct of any training or examination but shall report to the President of 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 or on the sufficiency of every examination which they attend.
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(4)
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The report of a visitor shall be treated as confidential unless in any particular case the President of the Central Council otherwise directs:
Provided that if the Central Government requires a copy of the report of a visitor, the Central Council shall furnish the same.
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| Withdrawal of recognition |
19. (1)
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When upon report by the inspector or the visitor it appears to the Central Council
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(a)
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that the courses of study and examination to be undergone in or the proficiency required from candidates at any examination held by any University, Board or medical institution, or
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(b)
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that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University, Board of medical institution or in any college or other institution affiliated to the University.
Do not conform to the standard prescribed by the Central Council, the Central Council shall make a representation to that effect to the Central Government.
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(2)
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After considering such representation, the Central Government may send it to the Government may send it to the Government of the State in which the University, Board or medical institution is situated and the State Government shall forward it alongwith such remarks as it may choose to make to the University, Board or medical institution with an intimation of the period within which the University, Board or medical institutional may submit its explanation to the State Government.
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(3)
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On the receipt of the explanation or where no explanation is submitted within the period fixed then on the expiry of that period the State Government shall make its recommendations to the Central Government.
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(4)
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The Central Government after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the Second Schedule against the said medical qualification declaring that it shall be a recognized medical qualification only when granted before a specified date or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognized medical qualification only when granted before a specified date or as the case may be, that the said medical qualification shall be recognized medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date.
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| Minimum standard of education in Homoeopathy. |
20. (1)
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The Central Council may prescribed the minimum standards of education in Homoeopathy required for granting recognized medical qualifications by Universities, Board or medical institutions in India.
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(2)
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Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments and the Central Council shall, before submitting the regulations or any amendment thereof as the case may be, to the consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
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