Act Info:
THE BOMBAY HOMOEOPATHIC PRACTITIONERS ACT, 1959
[Act No. 12 of I9601]
[12th March 1960]
PREAMBLE
An Act to consolidate and amend the law relating to the regulation of qualifications and registration of Homoeopathic 2[* * *] [Practitioners in the State of Bombay].
WHEREAS it is expedient to consolidate and amend the law relating to the regulation of qualifications and registration of Homoeopathic 3[* * *] Practitioners in the State of Bombay with a view to encourage the study and spread 4[of this systems]; It is hereby enacted in the Tenth Year of the Republic of India as follows, namely :-
NOTES
Statement of Objects and Reasons : Object.- With a view to securing uniformity in the law relating to the regulation of qualifications and registration of Homoeopathic Practitioners throughout the State and with a view to bringing the practitioners of both the Homoeopathic and Biochemic Systems of Medicine within the purview of one Act, it was proposed to enact a single law on the subject and to repeal the corresponding laws prevailing in the different parts of the State.- Mah. Act No. XII of 1960.
Statement of Objects and Reasons.- Under the first proviso to clause (iii) of sub-section (3) of section 18 of the Bombay Homoeopathic Act, 1951, the Board of Homoeopathic System of Medicine had to remove from Part C of the register the names of such of the practitioners who failed to pass the third and final examination for the diploma of LCEH within seven years from the date on which Chapter IV of the Act came into force (i.e., before 22nd January, 1959). This acted harshly on such practitioners who failed to pass the examination. To avoid hardship the Act was amended to enable such practitioners to continue on the register without being required to pass the said examination, as in the case of practitioners enlisted under section 18 of the Bombay Medical Practitioners Act, 1938.- Mah. Act No. XXIX of 1959.
Statement of Objects and Reasons.- The Bombay Homoeopathic and Biochemic Practitioners Act, 1959, did not contain a provision to empower the Board and the Court of Examiners to constitute Executive Committees. As such Committees were necessary for the more convenient administration of the Board and the Court, it was necessary to amend the Act. It was also necessary to make provision empowering the State Government to make rules for the payment of fees and allowances to the members of Committees and sub-committees of the Board and the Court and to prescribe matters of detail in respect of the Executive Committees.- Mah. Act No. XX of 1962.
Statement of Objects and Reasons.- Under the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959, sub-committee of the Board Homoeopathic and Biochemic Systems of Medicine was appointed by Government to consider applications for registration from persons who before the day the Act came into force possessed any qualifications entitling them to registration under sub-section (1) of section 16 of the Madhya Pradesh Homoeopathic and Biochemic Practitioners' Act, 1951, as in force in the Vidarbha region or from persons who had been regularly practising the Homoeopathic or Biochemic System of Medicine in the State for ten years or more before 25th August, 1959. The sub-committee also considered applications for enlistment from persons practising on 25th August, 1959, but who had not completed ten years' practice on that day. An appeal against the decision of the sub-committee lay to the Board.- Mah. Act No. XXXI of 1963.
The term of office of the interim Board of Homoeopathic and Biochemic Systems of Medicine constituted under sub-section (2) of section 39 of the Bombay Homoeopathic and Biochemic Practitioner's Act, 1959, as extended from time to time, was to expire on the 25th October, 1966. There was no provision for extending its term further. The Appellate Authority constituted under section 20(10) had yet to hear some appeals. Unless these appeals were disposed of, it was not possible to start the work of preparation of the revised register of practitioners required for holding elections to the new Board. It was, therefore, necessary to extend further the term of the present Board. The Act is intended to provide for extension of the term of the said Board further by not more than one year, by which time the register would be revised and brought into force.- Mah. Act No. XXVI of 1966, Vide Statement of Objects and Reasons.
Under section 20 of the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959, every person who possesses any of the qualifications specified in the First Schedule to the Act, was required to pay a fee of Rs. 10 to have his name entered in the register of practitioners maintained under the Act. Under section 26 of that Act every person registered or enlisted as a practitioner, was liable to pay to the Board a renewal fee of such amount and on such date or on such interval as may be prescribed by rules. Under rule 11 of the Bombay Homoeopathic and Biochemic Practitioners' (Registration and Enlistment) Rules, 1961, the renewal of registration and enlistment had to be made every second calendar year and the renewal is to be paid was rupees ten. It was proposed to provide for permanent registration of the practitioners who will seek registration henceforth and also of all those persons who have already been registered or enlisted under the Act heretofore, on payment of a fee of Rs. 100, once for all. It was also proposed to give an opportunity to those practitioners whose names have been removed from the register or list during the process of renewal Hinder section 26 of the Act are stood immediately before the commencement of this Amendment Act, to get themselves registered. In order to maintain the register or list up-to-date, it was proposed to provide for continuance of registration or enlistment after every five years on an application made by such practitioners, but without payment of any such fee- Mah. Act No. XXXIV of 1974 - Vide Statement of Objects and Reasons.
The Board of Homoeopathic and Biochemic Systems of Medicine, Bombay, was dissolved by the Government in June, 1973, because of its failure to exercise the powers and to perform the duties conferred on it by or under the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 in regard to the printing and publication of the list of the names and qualifications of all practitioners and the holding of elections and reporting the names of elected members to enable Government to constitute a new Board in time. Government thereupon appointed under section 36(1) of the said Act as Administrator for a period of two years from 7th June, 1973 to exercise and perform all the powers and duties of the Board.
A programme for the election of 8 members on the Board was announced in February, 1975 by the Registrar of the Board who is the Returning Officer. The last date for receiving voting papers by the Returning Officer was 22nd April, 1975 and the scrutiny and counting of votes was to take place on 24th April, 1975. In the meantime the elections were stayed under the orders of the High Court passed on a writ petition filed by one of the candidates. The term of the Administrator was due to expire on 6th June, 1975 and it was unlikely that the new Board would be constituted before that date. It was therefore suitable to take power to extend the term of office of the Administrator for its further period as long as it may be necessary so however that the aggregate period of appointment of the Administrator shall not exceed three years.
As it was necessary to take immediate action for amending the Act for the purpose aforesaid and as the State Legislature was not in session the Government of Maharashtra promulgated the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Ordinance, 1975 on the 28th day of May, 1975. The Act is intended to convert the Ordinance into an Act of State Legislature- Mah. Act No. XXIV of 1975 - Vide Statement of Objects & Reasons.
In a writ petition filed by one of the candidates in connection with the election of 8 members of the Board of Homoeopathic and Biochemic Systems of Medicine, Bombay, which was proposed to be held in April, 1975, it was noticed that there was no specific provision in the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959, in regard to the authority to which an election petition could be filed by an aggrieved candidate. With a view to removing this difficulty, it was considered necessary to amend section 4 of the Act for prescribing the authority to which election may be referred to. The Act is intended to achieve this object.- Mah. Act No. XLII of 1975 - Vide Statement of Objects and Reasons.
The Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bom. XII of 1960) had been enacted to provide for regulation of qualifications and registration of Homoeopathic and Biochemic Practitioners in the State of Maharashtra with a view to encouraging the study and spread of these systems. For this purpose the Act provided for constitution of the Board of Homoeopathic and Biochemic Systems of Medicine and the Court of Examiners of Homoeopathic and Biochemic Systems of Medicine. The Board with its'nominated and elected members was last constituted in June, 1976 and the Court of Examiners with its nominated and elected members was last constituted in November, 1976. After the expiry of term of five years the members continued to hold office till the new Board or, as the case may be, Court were constituted. The State Government, having found that the Board and the Court both had failed to exercise and had exceeded or abused their powers, dissolved the Board in October, 1981 and the Court in August, 1983, and upon such dissolution appointed a person separately for the Board and the Court to exercise the powers and perform the duties of the Board, or as the case may be, the Court, under section 36. Such person could be appointed for a period not exceeding two years which might be further extended by the State Government so that the total period did not exceed three years in the aggregate. In the case of the person appointed as aforesaid for exercising the powers and performing the duties of the Board the period of his appointment for three years in the aggregate expired on the 29th October, 1984. There was no provision in section 36 or any other section of the Act to further extend the term of the person so appointed beyond the aggregate period of three years and therefore, steps to constitute a Board by nomination and election of the members thereof were required to be taken.
In the meanwhile, Government had appointed a Committee to enquire into the working of the Act under the Chairmanship of Dr. (Shri) M. B. Gadekar, the then Minister of State for Public Health. This Committee had made important recommendations which included inter alia a recommendation for amalgamation of the Board and the Court of Examiners into one single corporate body to be called the Maharashtra Council of Homoeopathy so that the working of the Act could be streamlined and the expenses incurred in the administration could be minimised. This implementation of the recommendations of this Committee entailed extensive amendments to the Act and necessary steps to promote legislation in that behalf were a foot. After enactment of such legislation it would have been necessary to frame rules for holding elections to the Council. It was not possible to have this legislation promoted or the rules made and the election to the Council held before the 29th October, 1984. It was, therefore, expedient that the term of office of the person appointed to exercise the powers and perform the duties of the Board be further extended by making suitable provision in that behalf in section 36 immediately.
As both Houses of the State Legislature were then not in session and circumstances existed which rendered it necessary to take immediate action further to amend the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 suitably for the purpose aforesaid the Governor of Maharashtra promulgated the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Ordinance, 1984 (Mah. Ord. IX of 1984) on the 18th October, 1984 - Mah. Act No. XXXI of 1984 - Vide Statement of Objects and Reasons.
The Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bom. XII of 1960) provided for constitution of Board of Homoeopathic and Biochemic Systems of Medicine and the Court of Examiners of Homoeopathic and Biochemic Systems of Medicine for the purpose of registration of Homoeopathic and Biochemic practitioners and regulation and qualifications, etc., in the State of Maharashtra. The State Government, however found that the Board and the Court had failed to exercise their powers and instead had exceeded or abused their powers. The Board and the Court were later dissolved in October, 1981 and August, 1938, respectively and a person was appointed to exercise the power and perform the duties of the Board/Court, as the case may be under section 36 of the Act.
In the meantime, with a view to streamlining the workining of the Act and minimising the expenses incurred in the administration, Government decided to amalgate both the Board and the Court into one single corporate body to be called the Maharashtra Council of Homoeopathic and Biochemistry and for that purpose brought forward legislation to amend the Act suitably L. C. Bill No. V of 1985 providing inter alia for constitution of Maharashtra Council of Homoeopathy and Biochemistry had been passed by the State Legislature in its Monsoon Session held in June-August, 1985. Thereafter, the Bill had been forwarded through the Governor of Maharashtra to the Government of India for obtaining the assent of the President thereto. As this Bill contained exhaustive amendments to the Act, the examination of the provisions made therein any different Ministries of Government of India was likely to take some time which could have resulted into some delay in obtaining the assent of the President to the said Bill and thereafter to enact the same into an Act of the State Legislature. The term of the person appointed under section 36 of the Act was due to expire on the 29th October, 1985 and in case the assent of the President to thesaid Bill was not received and it was not enacted into an Act of the State Legislature before that date, there would have been hiatus as section 36 or no other section of the Act empowered the State Government to extend his term beyond the 29th October, 1985. It was, therefore, expedient to make a suitable provision for enabling the State Govenrment to extend his term so as to avoid any hiatus and for that purpose to immediately amend the Act suitably.
As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Bombay Homoeopathic and Biochemic Practitioners Act, 1959, suitable for the purpose aforesaid, the Bombay Homoeopathic and Biochem;c Practitioners' (Amendment) Ordinance, 1985 (Mah. Ord. VII of 1985) was promulgated by the Governor of Maharashtra on the 28th October, 1985.- Mah. IV of 1986 - Vide Statement of Objects and Reasons.
The term of the person appointed by the State Government under section 36 of the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bom. XII of 1960) to exercise the powers and perform the duties of the Board of Homoeopathic and Biochemic Systems of Medicine, or as the case may be, the Court of Examiners of Homoeopathic and Biochemic Systems of Medicine was due to expire on 29th October, 1986. In the meantime, the L. C. Bill No. V of 1985 providing inter alia for amalgamation of the Board and the Court into one single corporate body to be called the Maharashtra Council of Homoeopathic and Biochemistry had been passed by the State Legislature and it was pending for assent of the President. Since however the term of the person appointed under section 36 of the Act was due to expire on 29th October, 1986 and as the assent of the President to the said Bill was not received before that date, there would have been hiatus and in order to avoid the same it was expedient to immediately amend the Act suitably before that date.
As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959, suitably for the purpose aforesaid, the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Ordinance, 1986 (Mah. Ord. VII of 1986) was promulgated by the Governor of Maharashtra on the 24th October, 1986.- Mah. XXXIX of 1986 - Vide Statement of Objects and Reasons.
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1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, pp. 652-655.
2. The words "and Biochemic" were deleted by Mah. 19 of 1988, Section 2.
3. The words "and Biochemic" were deleted by Mah. 19 of 1988, Section 3(a).
4. These words were substituted for the words "of these System", ibid., Section 3(b).