Delhi Homoeopathic Act, 1956 Complete Act - Bare Act

DELHI

HOMOEOPATHIC ACT, 1956

(1) This Act may be called the Delhi Homoeopathic Act, 1956

(2) It extends to the whole of the Union Territory of Delhi

(3) It shall come into force on such date as the Sate Government may, by notification in the official Gazette, appoint

(1) In this Act, unless the context otherwise requires.

(a) "Board" means the Board of Homoeopathic system of Medicine, Delhi, established under Section 3;

(b) "Chairman" means the Chairman of the Board ;

(c) "Homoeopathy" means the system of medicine founded by Dr. Hahnemann and the expression "Homoeopathic" shall be construed accordingly ;

(d) "Inspector" means the Inspector appointed under Section 30 ;

(e) "member" means a member of the Board;

(f) "practitioner" means a person who practices the Homoeopathic system of medicine as his principal occupation ;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "register" means a register of practitioners prepared and maintained under this Act;

(i) "registered practitioner" means a practitioner whose name is for the time being entered in the register;

(j) "Registrar" means the Registrar appointed under Section 21 ;

(k) "regulations" means regulations made under Section 46 ;

(l) "State" means the Union territory of Delhi;

(m) "State Government" means the Chief Commissioner, Delhi

(2) The General Clauses Act, 1897 applies for the interpretation of this Act as it applies for the interpretation of a Central Act

(1) The State Government may, as soon as may be, by a notification in the official Gazette establish a Board to be called, "The Board of Homoeopathic System of Medicine, Delhi". The Board shall be a body-corporate, shall have perpetual succession and a common seal and may by the said name sue and be sued

(2) The Board shall consist of nine members and shall be constituted in the following manner, namely:

(a) six members, who have put in at least 10 years practice in Homoeopathy, elected by the registered practitioners from amongst themselves ;

(b) one practitioner nominated by the State Government;

(c) one member from the public having interest in Homoeopathy nominated by the State Government; and

(d) the Director or an Assistant Director of Health Services, Delhi State, nominated by the State Government

(3) The election of members referred to in clause (a) of sub-section (2) shall be held at such time and at such place and in such manner as may be prescribed

The State Government shall nominate any member of the Board as Chairman of the Board and the Vice-Chairman of the Board shall be elected by the Board from amongst its members

The term of office of a member will be three years from the date of election or nomination as a member. The State Government may however from time to time, by notification in the official Gazette, extend this term by such period not exceeding two years in the aggregate as may be specified in the notification

Notwithstanding anything contained in this Chapter, the first Board shall be nominated by the State Government and shall hold office for a period of three years from its constitution

The Vice-Chairman or any member may at any time resign his office by a letter addressed to the Chairman of the Board, The Chairman of the Board wishing to resign may forward his written resignation to the Slate Government

Vice-Chairman or a member If the Chairman or Vice-Chairman or a member of the Board dies or resigns or from ay cause whatsoever ceases to be Chairman or Vice-Chairman or a member the vacancy so created shall be filled by fresh nomination or election, as the case may be, within such period as may be prescribed and the person so nominated or elected shall hold office for the remainder of the term of the office of the Chairman, Vice-Chairman; or member in whose place he has been so nominated or elected

(1) If any member, during the period for which he has been nominated or elected

(a) absents himself without sufficient cause from three consecutive ordinary meetings of the Board, or

(b) becomes subject to any of the disqualifications mentioned in Section 10, or

(c) being a legal practitioner, appears in any suit or proceedings, civil or criminal, against the Board, or

(d) obtains any employment under the Board or has without the previous sanction of the State Government acquired directly or indirectly by himself or by a partner any share or interest in any contract with, by or on behalf of the Board, or

(e) has so flagrantly abused in any manner his position as much as to render his continuance detrimental to the interest of the Board. the State Government may remove him from membership :

Provided that when the State Government proposes to take action under the foregoing provisions of this Section, an opportunity of explanation shall be given to the member concerned, and when such action is taken the reason therefore shall be placed on record

(2) The decision of the State Government under this Section shall not be questioned in any court of law

(a) who is an undischarged insolvent, or

(b) who has been adjudged to be of unsound mind by a competent court, or

(c) who has been convicted of an offence involving moral turpitude which in the opinion of the State Government renders him unfit to be a member of the Board, or

(d) whose name has been removed from the Register under Section 26, shall not be eligible for being elected or nominated, or for continuing to be a member of the Board

It shall be the duty of the Chairman

(a) unless provided otherwise by this Act or prevented by reasonable cause,

(i) to convene and preside over all meetings of the Board ;

(ii) otherwise to control in accordance with any regulation to be made in this behalf, the transaction of business at all meetings of the Board ;

(b) to superintend and control the financial and executive administration of the Board and bring to its notice any defect therein ;

(c) to perform such other duties as are required or imposed on him by or under this Act, or rules framed thereunder

(1)The Chairman may empower, by general or special order, the Vice-Chairman to exercise under his control any one or more of his powers, duties or functions

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(2) An order by the Chairman under sub-section (1) may prescribe any condition, and impose any restriction, in respect of the exercise of any power, the performance of any duty or the discharge of any function

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(3) In particular such order may prescribe the condition that any order by a Vice- Chairman in the exercise of a power conferred on him by sub-section (1) shall be liable to rescission or revision by the Chairman upon appeal to the Chairman within a specified time

(a) in the absence of the Chairman from a meeting of the Board and unless prevented by reasonable cause, preside, regulate the conduct of business, and maintain and enforce order at the meeting;

(b) during the vacancy in the office of Chairman or the incapacity or temporary absence of the Chairman, perform any other duty or power of the Chairman ;

(c) at any time perform any duty and exercise, when occasion arises, any power delegated to him by the Chairman under Section 12

If the registered practitioners fail by such date as may be prescribed, to elect the requisite number of members or to fill up any vacancy, the State Government may fill up such vacancies or vacancy by nomination of persons or person qualified to be elected

Every nomination or election, of or any vacancy in the office of, the Chairman, Vice-Chairman, or a member of the Board shall be notified in the Official Gazette

Members of the Board may be paid out of the funds of the Board such travelling and daily allowances-, not exceeding those payable to grade I Government servants, as may be prescribed

The Board shall meet at such time and place and every, meeting of the Board shall be summoned in such manner as may be provided for by regulations:

Provided that until such regulations are made, it shall be lawful for the Chairman to summon a meeting of the Board at such time and place as he may deem expedient by circulating notice to each member

(1) Every meeting shall be presided over by the Chairman or in his absence by the Vice-Chairman

(2) If at a meeting neither the Chairman nor the Vice-Chairman is present, the members present shall elect one of the members present to be the Chairman of the meeting and such Chairman shall perform all the duties and may exercise all the powers of the Chairman of the Board when presiding at the meeting

(3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting

(4) In case of an equality of votes, the Chairman of the meeting shall have a second or casting vote

(5) In order to constitute a meeting of the Board the quorum shall be four

(1) The names of the members present and the proceedings held and resolutions passed at a meeting of the Board shall be entered in a book to be called the minute book

(2) The minutes shall be read out at the meeting, or the next ensuing meeting, and, after being passed as correct by the members (or a majority of them) present at the meeting, shall be certified as passed by the signature of the Chairman of the meeting at which they are passed

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(3) A copy of the proceedings of every meeting of the Board shall within 15 days from the date of the meeting be forwarded to the State Government, or any other authority appointed by it in this behalf

(1) No vacancy in the Board shall vitiate any act or proceeding of the Board

(2) No disqualification of, or defect in the election or nomination of, any person acting as a member of the Board or as the Chairman or Vice-Chairman or presiding authority at a meeting shall be deemed to vitiate any act or proceedings of the Board in which such person has taken part, if the majority of persons who took part in such act or proceedings were duly qualified

(1) The Board shall with the previous approval of the State Government appoint a Registrar who shall be the Secretary to the Board. The Registrar shall receive such salary and allowances and shall be governed by such conditions of service as may be prescribed. The Chairman may from time to time grant him leave and may temporarily appoint a person to act in his place. Any person duly appointed to act as Registrar shall be deemed to be the Registrar for all purposes of this Act

(2) Any order of the Board appointing, punishing or removing the Registrar from his office shall be subject to the approval of the State Government

(3) The Board may appoint such other officers and servants as may be necessary for carrying out the purposes of this Act ;

Provided that the number, designations, pay and allowances of such officers and servants shall be fixed under the regulations framed by the Board:

Provided further that the powers of the Board to punish, dismiss, discharge and remove any officer or servant of the Board shall be subject to rules and regulations

(4) All questions of recruitment, promotions, leave, provident fund and other condition of service relating to staff shall be governed by rules

(5) The Registrar or any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code

(1) The Board shall as soon as may be after the commencement of this Act, and from time to time as occasion may require make orders regulating the maintenance of a register of practitioners

(2) The register shall be kept in such form as may be prescribed

(1) Subject to the provisions of this Act and subject to any general and special orders of the Board, it shall be the duty of the Registrar to keep the register and discharge such other functions as are required to be discharged by him under this Act or by the rules made thereunder

(2) The Registrar shall, so far as practicable, keep the register correct and up-to- date and may from time to time enter therein any material alteration in the addresses or qualifications of the practitioners. He shall also remove from the register the names of the registered practitioners who die or who under the provisions of this Act cease to be entitled to remain on the register

(3) The State Government may direct that no alterations in the entries in respect of additional qualifications shall be made unless such fee as may be prescribed is paid

(4) For the purpose of this section, the Registrar may write to any registered practitioner at the address which is entered in the register to inquire whether he has ceased to practice or has changed his residence and if no answer is received to the said letter within three months, the Registrar may issue a registered reminder, and in case no reply is received to the reminder within one month from the date of its issue, he may remove the name of the said practitioner from the register:

Provided that the Board may, if it thinks fit, direct that the name of the practitioner be re-entered in the register

(1) Person entitled to registration Every person possessing the qualification mentioned in the schedule shall, subject to the provisions contained in the Act, and on payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in the register subject to such condition as the Board may prescribe :

Provided that an application for entry in the register made by a person, whose case is not clearly governed by the provisions of this Act or by the rules and regulations made thereunder, shall be referred to the Board for such decision as it may deem fit

(2) Any person aggrieved by the decision of the Registrar regarding the registration of any person or the making or removal of any entry in the register may, within ninety days of such registration or entry, appeal to the Board

(3) Such appeal shall be heard and decided by the Board in the prescribed manner

(4) The Board may, on its own motion or on the application of any person and after calling for an explanation from the person concerned and considering the same cancel or alter any entry in the register if, in the opinion of the Board, such entry was fraudulently or incorrectly made or obtained

(1) The State Government may, by notification in the Official Gazette, direct that for the retention of a name in the register after the name is first entered in the register, there shall be paid to the Board such renewal fee and for such period as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid in the manner prescribed

(2) Where a renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register:

Provided that a name so removed may be restored to the register on payment of such fees and in such manner as may be prescribed

The Board may direct that the names of any practitioner who has been convicted of a cognizable offence as defined in the Code of Criminal Procedure, 1898, which discloses such defect of moral character as is in the opinion of the Board sufficient to make him unfit to practice his profession or who, after due enquiry has been found guilty of conduct which is in the opinion of the Board informed in any professional respect shall be removed from the register. The Board may, on sufficient cause being shown, also direct that the name of the practitioner so removed shall be re-entered in the register

The Board shall have power to call upon the governing body or authorities, of a medical corporation, examining body or other institution recognised or desirous of being recognised by the State Government

(a) to furnish such reports, returns or other information as the Board may require to enable it to judge the efficiency of the instructions given therein in homoeopathy ; and

(b) to provide facilities to enable a member of the Board deputed by the Board in this behalf to be present at the examinations held by such medical corporation, examining body or institution

(1) The Registrar shall, in every year and from time to time as occasions may require, on or before a date to be fixed in this behalf by the Board, cause to be published in the Official Gazette and in such other manner as the board may prescribe, a full or supplementary list of the names for the time being entered in the register and setting forth

(a) all names entered in the register arranged in alphabetical order ;

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

(c) the registered titles, degrees and qualifications of each such person and the date on which each such title or degree was granted or qualification acquired.

Provided that the Registrar shall from time to time get published in the Official Gazette the names of such practitioners whose names have been duly removed under any of the provisions of this Act

(2) In any proceeding it shall be presumed that every person entered in such list is a registered practitioner and that any person not so entered is not a registered practitioner;

Explanation In the case of a person whose name has been entered in the register after the last publication of the list, a certified copy signed by the Registrar, of the entry of the name of such person in the register shall be evidence that such person is registered under this Act. Such certificate shall be issued free of charge

(1) The Board may by regulations lay down the qualifications required for admission to a course of training in the Homoeopathic system of medicine, the course of such training and the qualifying examinations and may establish the necessary institutions to give such training and may hold such examinations and confer diplomas

(2) It shall be the duty of the Board to secure the maintenance of an adequate standard of proficiency for the practice of the Homoeopathic system of medicine and for the purpose of securing such a standard the Board shall have authority to call on the governing body or the authorities of any institution giving instruction in such system and authorised to hold a qualifying examination

(a) to furnish such particulars as the Board may require of any course of study prescribed by regulations or of any examination held by such body or authorities or in such institution with reference to the grant of any qualification, and

(b) to permit inspectors appointed by the Board to inspect the institution

(3) The Board may from a standing syllabus and Examination Committee from amongst its members for conducting the business mentioned in sub-sections (1) and (2)

(1) The Board may appoint such number of inspectors as it may deem fit on such salary as the Board may, with the previous sanction of the State Government, determine

(2) Such Inspectors shall in accordance with any general or special directions of the Board given from time to time inspect homoeopathic dispensaries, hospitals and the institutions affiliated to the Board, and shall report to the Board in regard to the course to study pursued and training imparted at every such institution and on any other matter with regard to which the Board may require them to report

The Board may grant recognition to any institution imparting instructions to students for preparing them for the qualifying examination if it is satisfied that the instructions imparted in such institution comes upto the standard require for such recognition and may at any time withdraw with recognition if in the opinion of the Board the institution is unable to impart instructions of the required standard

The Board shall have the power:-

(1) to recognise homoeopathic education or instructional institutions for purposes of affiliation;

(2) to prescribe courses of study and curricula for general instruction or special or refresher courses in institutions affiliated to the Board in such branches of the Medical Science of homoeopathy as the Board may think fit;

(3) to hold examinations and to grant and confer degrees and diplomas to and on persons who shall have pursued a course of study in the educational institutions affiliated to the Board;

(4) to institute exhibitions and award medals thereat and also to grant scholarships and medals to those who obtain high position at the Board's examinations or are poor and deserving, and with the sanction of the State Government, to grant to students scholarships of special study in research and manufacture of homoeopathic medicine in any medical institution or a reputed firm that the Board may think fit, whether in India or abroad and to endow Chairs of Homoeopathy in institutions affiliated to the Board ;

(5) to demand and receive from students such fees as may be prescribed for admission to the Board's examinations;

(6) to exercise general supervision over the residential and disciplinary arrangements made by the educational institutions affiliated to the Board and to make arrangements for promoting the health and general welfare of their students;

(7) to appoint examiners and publish the results of the examinations held by it;

(8) to suspend or withdraw the recognition of any institution which is not conducted in accordance with the conditions prescribed by this Act, or rules framed there under;

Provided that no such action shall be taken without affording the Committee of Management of such an educational institution on opportunity of making such representation as it may deem fit:

(9) to establish or aid research institutions and to arrange for post-graduate study in the science of homoeopathy and to encourage scientific manufacture of homoeopathic medicine in the State;

(10) to publish homoeopathic journals; and

(11) to do such acts, not inconsistent with the provisions of this Act, as may be necessary for the furtherance of the object of the Act

(1) The Board shall have prepared and laid before it at a meeting to be held in every year before such date, as may be fixed by rules in this behalf, a complete account of the actual and abstracted receipts and expenditure for the year ending on the 31st day of March next following such date together with a budget estimate of the income and expenditure of the Board for the year commencing on the first day of April next following

(2) The Board shall at such meeting decide upon the appropriations and the ways and means contained in the budget estimate and submit the budget for approval to the State Government or to such authority as the State Government may, by order direct

(3) Subject to the like provisions the Board may suggest variations or alterations in the budget, as circumstances may render desirable

As soon as may be after the first day of October, the revised budget for the year shall be framed and such revised budget shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 33

There shall be established Homoeopathic Fund and there shall be placed to the credit thereof-

(a) grants and loans received from the State Government;

(b) all fees received by the Board ;

(c) contributions received from any local authority or any Homoeopathic medical associations: and

(d) all sums received by or on behalf of the Board from sources other than those mentioned in the foregoing clauses

The Homoeopathic Fund shall be kept in the State Bank of India or with the previous sanction of the State Government, in any other bank

(1) The expression 'legally qualified medical practitioner' or 'duly qualified medical practitioner' or any word imparting a person recognised by law as a medical practitioner or member of medical profession, shall in all Acts extended to the Union territory of Delhi under the Delhi Laws Act, 1912, or the Union territories (Laws) Act, 1950, or in all Acts of Legislature in the Union territory of Delhi and in all Acts of the Central Legislature, in their application to the Union territory of Delhi, in so far as such Acts relate to any of the matters specified in List II or List III in the Seventh Schedule to the Constitution of India, be deemed to include a registered practitioner

(2) A certificate required by 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 as physician or other medical officer in any dispensary, hospital, infirmary or lying-in-hospital supported by or receiving a grant from the Government or any local authority and treating patients according to the Homoeopathic system of medicine or any public establishment body or institution dealing with Homoeopathic system of medicine

(4) Unless the Board otherwise directs a registered practitioner shall be entitled to-

(a) sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner;

(b) sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner;

(c) give evidence at any inquest or in any court of law as an expert under Section 45 of the Indian Evidence Act, 1872, on any matter relating to medicine

Notwithstanding anything in any other law for the time being in force, every registered practitioner shall be exempt, if he so desires, from serving on any inquest or as a juror or assessor under the Code of Criminal Procedure, 1898.

(1)No person other than an association or institution recognised or authorised under this Act shall confer, grant or issue or hold itself out as entitled to confer, grant or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee, or recipient is qualified to practise the Homoeopathic system of medicine

(2) Whoever contravenes the provisions of this section shall be punishable with imprisonment which may extend to one year or fine, which may extend to Rs. 1,000 (one thousand) or both

Whoever 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 an association or institution recognised or authorised under this Act or that he is qualified to practice the Homoeopathic system of medicine under the provisions of this Act shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 500 (five hundred) or both for the first offence under this section and to imprisonment which may extend to one year or a fine which may extend of Rs. 1,000 (one thousand) or both for every subsequent offence

(1) An appeal shall lie to the State Government from every decision of the Board under this Act, except a decision made by the Board as an appellate authority

(2) Every appeal under sub-section (1) shall be preferred within three months of the date of communication of such order

(1) 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, prosecution or other legal proceedings shall lie 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 which is in good faith done or intended to be done in pursuance so this Act or of any rules or regulations made thereunder

(1) The State Government may give such directions to the Board as it may deem fit and the Board shall comply with all such directions

(2) 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 or has failed to perform a duty imposed upon it by or under this Act, the State Government may, if it considers such failure, excess, or abuse to be of a 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

(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 empowered by rules made in this behalf

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.

Subject to the provisions of this Act and the rules framed by the State Government thereunder, the Board may with the previous approval of the State Government frame regulations for regulating the following matters, namely-

(1)

(a) conditions on which a person may be under Section 24 or an institution may be affiliated or recognised under Section 29 ;

(b) the admission of students to the educationl or instructional institutions affiliated to the Board;

(c) the conditions under which students shall be admitted to the degree or diploma or certificate course and to the examinations of the Board and shall be eligible for degrees, diplomas and certificates ;

(d) the conditions of residence of the students in the educational or instructional institutions affiliated to the Board and the levying of fees for such residence;

(e) the number, qualifications and emoluments of teachers of the educational or instructional institutions affiliated to the Board ;

(f) 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 ;

(g) the conditions and mode of appointment and duties of examiners and the conduct of examinations:

Provided that in framing regulations the Board shall take into consideration the financial and other existing conditions of the institutions generally ;

(2)

(a) the time and place at which the meeting shall be held ;

(b) the issue of notices convening such meeting;

(c) the conduct of business thereat;

(d) the salary, allowance and other conditions of service of officers and servants of the Board other than 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

(1) The State Government may, from time to time, make rules consistent with this Act to carry 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 and place at which and the manners in which election shall be held under sub-section (3) of Section 3 ;

(b) regulation of elections under this Act;

(c) the conduct and the maintenance of correct minutes of meetings of the Board;

(d) the manner in which vacancies shall be filled under Section 8 ;

(e) the privileges, salary and allowances and other conditions of service of the Registrar;

(f) the accounts to be kept by the Board, 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 budget;

(i) the returns, statements, and reports to be submitted by the Board;

(j) the form of the register of practitioners to be maintained under this Act and the classification of practitioners into two or more classes according to their qualifications;

(k) fees chargeable under this Act and their application ;

(l) the manner in which appeals against the decision of the Registrar shall be heard by the Board under Section 24 ;

(m) allowances payable to members of the Board and its Chairman ;

(n) the maintenance of a patient register by practitioner in the prescribed form ;

(o) the furtherance of any objects of the Board as a teaching or examining body ;

(p) delegation of power by State Government and by the Board ; and

(q) the furtherance of any other objects of the Act

(3) All such rules shall be published in the Official Gazette

SCHEDULE

1. Homoeopaths who have passed the final examination held by the Board of Homoeopathic System of Medicine, Delhi.

2. Homoeopaths who have passed an examination from a Homoeopathic Institution in

the State or outside it, provided that for purposes of registration such an institution is

recognised by the State Government.

3. Homoeopaths who have been practising as such whole-time for the last 10 years at the time of the passing of the Act and are certified in the prescribed manner as fit persons for being registered as practitioner.

Explanation- A person shall not be deemed to be practising Homoepathy whole-time if he is a salaried servant (otherwise than as a Homoeopath) of the State Government,

the Central Government, a local authority or a commercial or industrial undertaking or

other establishment.

RULE

Delhi

Homoeopathic Rules, 1958

In exercise of the powers conferred by Section 47 of the Delhi Homoeopathic Act, 1956 (Act 11 of 1956), the Chief Commissioner of Delhi is pleased to make the following Rules.

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Rule2

In these rules, unless the context otherwise requires

(1) 'Act' means the Delhi Homoeopathic Act, 1956.

(2) 'Board' means the Board of Homoeopathic System of Medicine, Delhi.

(3) 'form' means a form appended to these Rules.

(4) 'section' means a section of the Act.

Every non-official member of the Board shall be entitled to a fee of Rs.8 for each day of attendance at a meeting of the Board in addition to the travelling expenses admissible to him.

The travelling allowance of the official members for journeys performed for attending meetings of the Board shall be paid in accordance with the Travelling Allowance Rules contained in the Supplementary Rules and the travelling expenses of non-official members will be paid at the rates admissible to class II officers of Delhi Administration: Provided that the actual travelling expenses will be paid to the non-official members for such journeys performed within a radius of 5 miles.

(1) The Board may appoint sub-committees from amongst its members to report upon any matter which it may deem necessary to refer to them.

(2) Every non-official member of the Board shall be entitled to the same tee and travelling expenses for attending a meeting of a sub-committee as are prescribed in rules 3 and 4 for attending a meeting of the Board.

(1) The Registrar shall be a whole-time salaried officer in the grade of Rs.200-10-300 and he shall receive such allowances as may be admissible to a Government servant of similar scale under Delhi Administration: Provided that the Board may, with the previous approval of the State Government, appoint any person as part-time Registrar, and the person so appointed may be paid such remuneration as the State Government may determine.

(2) The appointment of the Registrar shall be on probation for one year, after which he will be confirmed by the Board with the previous approval of the State Government if the Board is satisfied as to his efficiency and general conduct. The probationary period may, however, be further extended by one year,, if considered necessary by the Board.

(3) The Central Civil Service (Conduct) Rules and the Central Civil Service (Classification, Control and Appeal) Rules shall mutatis-mutandis apply to the Registrar.

The Registrar shall fulfil all the duties that may be required of him by the Act and these rules and the regulations for the time being of the Board.

The Registrar shall be present at every meeting of the Board and shall record minutes of the proceedings at such meetings.

The Registrar shall conduct and have charge of the correspondence of the Board and shall issue and requisite notices in the manner laid down in these rules.

Except on public holidays the office of the Registrar shall remain open during the office hours observed by Delhi Administration. The Registrar shall not absent himself from duty without the permission of the Chairman.

The Registrar shall be incharge of the Board's office and shall exercise powers of supervision, direction and control.

The Register to be maintained under Section 22 of the Act shall be in Form 'A.'. The Registrar shall contain the names of practitioners in alphabetical order.

Each page of the register shall be verified by the Registrar's signature.

(1) Every practitioner whose name has been entered in the Register shall be entitled to receive from the Registrar his certificate of registration in Form 'B'.

11. Substituted by Notification No. F.25/1/77-M and PH, dated 12-1-1979. 7- F.9

(2) In the event of a certificate issued under sub-rule (1) being lost or destroyed, a duplicate copy of such certificate may be supplied on payment, of the fee of Rs. 25 (Rupees Twenty five) only],

11. Substituted by Notification No. F.25/1/77-M and PH, dated 12-1-1979. 7- F.9

(1) Every person entitled to be registered under section 24 and desiring himself to be registered shall apply to the Registrar in form 'C' available on payment of Rs.5 (Rupees

(2) The certificate for the purpose of para 3 of the schedule appended to the Act shall bein the foliowing form: "This is to certify that Shri/Shrimati/Kumari........son/wife/daughter/of.........has been practising as a homoeopath whole time since.........and is a fit person for being registered as ahomoeopath". Dated............

(3) The Registrar on being satisfied that the applicant is entitled to be registered under the Act shall cause his name to be entered in the Register.

(1) An application for registration of additional qualifications shall be made in Form'D' and shall be accompanied by a fee of Rs. 10.

(2) On making alteration in the entries as respects any additional qualifications the Registrar shall grant the practitioner a certificate in Form 'E'.

11. Substituted byNotificationNo.F.25/l/77-MandPH,datedl2-l-1979.

(3) AfeeofRs.25 shall be levied for register ingachange of name in the register.

11. Substituted by Notification No. F.25/1/77-M and PH, dated 12-1-1979. 7- F.9

Certified copies of entries in the register in Form 'F' may be issued to any person applying therefor on payment of a fee of Rs. 5 (Rupees five) only.

It shall be the duty of every registered practitioner who changes his address to intimate the change of address to the Registrar within one month of such change.

There shall be made every third year and enteredin the register'an enumeration of,

(1) thenumberof practitionersalreadyregistered;

(2) thenumberofpractitionersregisteredduringtheperiodinquestion;

(3) the number of practitioners whose names have been restored to the register during the period inquestion;

(4) the number of practitioners whose names have been removed from the register during the period in question stating the section of the Act under which the names have been removed; and

(5) the number of practitioners whose names have been removed by reason of death. during the period in question.

The Registrar shall as early as possible, in each year cause to be printed and published in the same form as the original Register itself a correct list of all persons whose names appear in the Register on the 31 st December preceding. The Registrar shall keep an . interleaved copy of such printed list wherein he shall make, during the year any entry, alteration or erasure that may be necessary.

11. Substituted by Notification No. F.25/1/77-M and PH, dated 12-1-1979. 7- F.9

For the purpose of sub-section (1) of section 25 the retention fee payable shall be Rs. 20 (Rupees twenty) only and shall be payable annually. In the absence of necessary- renewal within three months, an additional fee of Rs. 107- (Rupees ten) only shall be charged. Thereafter his/her name shall be struck off and shall be re-entered on payment of apenalty equal to the amount of fee payable at the time of making such application,]

(1) Every decision of the Registrar refusing the registration or renewal of registration of any person, or the making or removal of any entry in the Register shall be communicated alongwith grounds of thereof to the person concerned forthwith.

11. Substituted videNotificationNo.F.25/l/76-MandPH,Dated29-ll-1976.

(2) Every appeal to the Board under sub-section (2) of Section 24 shall state the ground on which it is based and shall be accompanied by fee of Rs. 50 (Rupees fifty) only].

(3) The Board shall fix a day for hearing the appeal of which notice shall be given to the appellant and if the appellant appears on the date so fixed the Board shall hear him before deciding the appeal.

Whenever information is received that any registered practitioner has been convicted of a'cognizable offence or has been found guilty of conduct which prima facie constitutes infamous conduct in a professional respect; the Registrar shall make an abstract of such information and of any further information he may have subsequently obtained.

(1) Where the information in question is in the nature of a complaint by a person or body charging the registered practitioner with infamous conduct in any professional respect, such complaint shall be made in writing addressed to the Registrar and shall state the grounds of complaint and shall be accompanied by one or more declarations as to the facts of the case.

(2) Every declaration must state the description and the place of abode of the declarant and where the facts stated in a declaration are not within the personal knowledge of the declarant the source of information and grounds for the belief of the declarant in its truth shall be accurately and fully stated. Declarations or parts of declarations which are made in contravention of this rule shall not be accepted as evidence.

The abstract, and where a complaint has been lodged, the complaint and all other documents bearing on the case shall be submitted by the Registrar to the Chairman who shall when he thinks fit instruct the Registrar to ask the registered practitioner by means of registered letter for any explanation he may have to offer. The relevant papers including any explanation forwarded by the registered practitioner to the Registrar shall then be put up before the Chairman who shall consider the same and shall cause further investigation to be made and further evidence to be taken and if the Chairman is of the opinion that prima facie case is not made out, the case shall not be proceeded with further and the Registrar shall inform the complainant, of the decision of the Chairman. The Chairman shall in such cases send his decision for the information of the Board. If the Chairman is of the opinion that the circumstances warrant that an enquiry ought to be held in the case,, the Chairman shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determined by the Board.

An enquiry directed under the foregoing rule shall be instituted by the issue of notice in writing on behalf of the Board by the Registrar addressed to the registered practitioner. Such notice shall specify the nature and particulars of the charge and inform him of the day on which the Board intends to deal with the case and shall call upon the registered practitioner to answer the charges in writing and to attend before the Registrar on such day. The notice shall be issued in Form 'G' with such variations as circumstances may require, at least three weeks before the date of enquiry. The Registrar shall also inform the complainant of the date so appointed where a complaint has been lodged.

(1) Any answer, evidence or statement forwarded or application made,, by the registered practitioner between the date of the issue of the notice and the day appointed for the hearing of the case shall be dealt with by the Chairman in such manner as he may think fit.

(2) AH material documents which are to be laid before the Board as evidence to the case shall be printed or typed and a copy thereof shall be furnished to each member the Board before the hearing of the case.

At the hearing of the case by the Board the Registered practitioner and where a complaint has been lodged also the complainant will be entitled to be heard.

Where the complainant appears the following shall be the order of procedure

(1) The Registrar shall read to the Board the notice of the enquiry addressed to the practitioner.

(2) The complainant shall then be invited to state his case and to produce evidence in support of it.

(3) The registered practitioner will then be invited to state his case and to produce evidence in support of it. He may address the Board either before or at the conclusion of his evidence.

(4) At the conclusion of the registered practitioner's case the Board will, if the practitioner has produced evidence, hear the complainant in reply on the case generally but will allow no further evidence except in any special case in which the Board may think fit to allow such further evidence. If the registered practitioner produces no evidence the complainant shall not be heard in reply except by special leave of the Board.

(5) Where a witness is produced by a party before the Board, he shall first be examined by the party producing him and then cross-examined by the adverse party and then re- examined by the party producing him. The Board may decline to admit in evidence any declaration where the declarant is not present or declines to submit to cross-examination.

(6) The Chairman of the Board when present may put question stoany witness.

Where there is no complaint or no complainant appears the following shall be the order of procedure

(1) The Registrar shall read to the Board of notice of enquiry addressed to the registered practitioner and shall state the facts of the case and produce before the Board the evidence by which it is supported.

(2) The registered practitioner shall then be invited to state his case and to produce his evidence in support of it. He may address the Board either before or at the conclusion of the evidence.

The Board may, if they think fit, adjourn the hearing of a case from time to time and shall inform the registered practitioner and the complainant accordingly. If they are not present or when the date to which the hearing is adjourned is not fixed forthwith the Registrar shall intimate to them the date by registered letter at least 28 days be fore the date so fixed.

(1) Upon the conclusion of the hearing the Board shall deliberate in camera, and at the conclusion of the deliberation, the Chairman shall call upon the members of the Board present to cast their votes on the following questions according to the nature of the charge, namely

(a)

(i) Whether the registered practitioner has been proved to have been convicted of acognisablc offence.

(ii)' If so whether the offence discloses such defect of character as in their opinion sufficientto make him unfitto practise his profession?

(b) Whether the registered practitioner has been guilty of an infamous conduct in a professional respect.

(2) If the majority of members present (including the Chairman who shall have a casting vote in case of equality of the votes vote, in the negative, the registered practitioner shall be discharged.

(3) If the majority of the members present (including the Chairman who shall have a casting vote in case of equality of the votes) vote in the affirmative, the Board shall order removal of the name of the practitioner.

The Registrar shall upon the removal of any name from the register pursuant to the provisions of the preceding rules of Section 26 of the Act, forthwith send notice of such removal to the registered practitioner. Such notice shall be sent by registered letter addressed to the last known address or to the registered address of the practitioner. The Registrar shall also send forth with intimation of any such removal to the Dean or Secretary or other corresponding officer of any body or bodies from which the practitioner had received his qualification or qualifications.

Applications for re-entry in the Register of a name removed under Section 25 of the Act shall be in Form 'H' and shall be accompanied by the following documents, namely

(a) theapplicant'scertificate of degreeordiploma.ifany;

(b) his certificate of registration in original if the same has not been already returned;

(c) the renewal fee that was outstanding against him at the time of renewal of his name; and

(d) theprescribedrenewalfeeunderRule21,fromthedateofre-entry.

Any practitioner whose name has been removed from the Register under section 26 of the Act but still possesses a qualification entitling him to be registered under the Act may make an application to the Board for re-entry- of his name in the Register and the following procedure shall be followed in the case of every such application, namely:

(i) The application shall be in writing addressed to the Board, and signed by the applicant, and shall state the grounds on which the application is made.

(ii) Theapplicationshallbeaccompaniedby

(a) a declaration made by the applicant setting forth the facts of the case, and stating that he is the practitioner originally registered;

(b) acertificate from two practitioners;

(c) applicant'scertificateofdegreeordiploma;and

(iii) The statements in the application shall also be verified by certificates in writing to be given by two respectable persons who are residing in the neighbourhood of the place where the applicant has been residing since the removal of his name and who were and are well acquainted with him before and since the removal of his name. They shall testify to his present good character.

(iv) Before the application is considered by the Board the Registrar shall notify the same to the licensing bodies whose qualifications were held by the applicant at the time his name was removed; and shall further by letter addressed to the person or body (if any) on who complaint the applicant's name has been removed, give notice of the application and of the time when the Board in tends to consider the same.

(v) The Board shall consider the application if it thinks fit, adjourn the consideration thereof to a future date or require further evidence or explanation from the applicant.

The common seal shall be kept in the joint custody of the Chairman and the Registrar.

The seal shall beaffixed only by the order of the Board.

Any order for affixing the seal shall state the object of its use and the order shall be entered in the minutes of the Board.

The following shall be the conditions on which leave may be granted to members of the Board to inspect the documents of the Board unless they are not required by its legal adviser in connection with his official duty:

(1) a member shall give written notice of three clear days to the Registrar. When the Board is in session he may inspect any document on a short notice.

(2) the subject of the document are quired for inspection shall be stated;

(3) the Registrar shall be held responsible for safe custody of all documents;

(4) no document shall be removed from the premises of the Board.

An account shall be opened in the State Bank of India, Delhi in the name of the Board and all moneys of the Board shall be deposited in the Bank.

The Registrar shall receive all moneys payable to the Board. He shall not retain in his hands an amount exceeding Rs. 100 the balance being deposited in the Bank to the credit of the Board.

The Registrar shall superintend the details of income and expenditure of the Board and shall at each ordinary meeting of the Board submit a financial statement showing the transactions of the Board for the month previous to one in which the meeting is held. This statement shall if possible be forwarded along with the notices of the meeting.

The Registrar shall, not later than the month of July in each year, prepare a statement of the income and the expenditure of the preceding financial year ending on the 31st day of March and draw the attention of the Board to such matters as may seem to be deserving of notice.

As soon as possible after the statement of income and expenditure of the preceding financial year ending the 31st day of March is approved, the Board shall get the accounts for that year duly audited.

The annual accounts and estimate for the next financial year shall be prepared by the Registrar under the direction of the B card.

In the month of September in each year an estimate of the revenue and expenditure of the Board for the year commencing on the 1 st April next ensuing shall be laid before the Board.

Such estimate shall make provision for the fulfillment of the liabilities of the Board and for carrying out effectively its objects. It shall include on its revenue side, besides all other revenues ordinarily anticipated, such grants as the Chief Commissioner may grant and all fees received from registration, renewal of registration and other fees payable and received by the Board under the Act.

The Board shall consider the estimates so submitted to it and submit the same to the State Government for his approval. The State Government may approve the budget with or without modification.

The Board may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered by the Board in the same manner as if it were an original annual estimate. No expenditure shall be incurred by the Board which is not duly provided for in the budget in a supplementary budget estimate.

A bill or other vouchers presented as a claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding Rs. 50 and is in order, the Registrar shall pay it. If the claim be for a sum exceeding Rs. 50 payment shall be made after it is examined and sanctioned by the Chairman.

The Registrar shall immediately account for in the general cash book all money received or spent by or on behalf of the Board.

All cheques on the Bank shall be signed by the Chairman or Vice-Chairman and the Registrar.

Whenever a member or members are to be elected to the Board, the Chief Commissioner will appoint a Returning Officer for conducting the election.

The Returning Officer shall, not less than 30 days before the date of election, appoint

(a) the last date for filing nomination papers,

(b) the date for the scrutiny of nominations,

(c) the last date for the withdrawal of candidatures which shall not be less than fifteen days before the date of the poll,

(d) the date or dates on which apoll shall if necessary be taken.

(e) the date for the counting of votes, and

(f) the date before which election shall be completed, and shall cause notice of the intended election to be published in Form I in the Delhi Gazette.

Only those registered practitioners whose names have been entered in the register upto the date of issue of notice in Form I under rule 54 will form the electorate.

The electoral roll shall be prepared by the Registrar from the register and shall contain the names, addresses (bom residential and clinical) of every person qualified to vote. The roll shall be exhibited as the office of the Registrar and copy thereof shall, on demand, be made available on payment.

Subject to the pro viso of section 10 any registered practitioner who has put in at least ten years' practice in homoeopathy before the date of issue of notice in Form I under rule 54 will be eligible to be nominated as a candidate for election.

Candidates qualified for being elected shall be proposed and seconded by persons qualified as electors. No elector shall propose or second nomination of more persons than are required to fill up the vacancies. If more nominations than are required to fill up a vacancy or vacancies be subscribed by the same elector, all nominations subscribed by him shall be held to be void.

On or before the date appointed for the receipt of nomination papers each candidate wishing to stand for election shall pay to the Registrar a fee of Rs. 50 in cash or by crossed Postal Order(s). The fee so paid shall be credited to the Board and shall not be refunded, except when the election is postponed or the candidate has withdrawn his candidature on or before the date appointed for the purpose.

Every proposal for nomination shall be in writing in printed Form T obtainable from the Registrar, free of cost and shall be signed by the proposer, seconder and the nominee, and sent by post or otherwise, so as to reach the Returning Officer on or before a date appointed by him in this behalf.

Every nomination paper shall be accompanied by

(1) are ceipt of having paid the feeofRs.5O to the Registrar,

(2) a declaration of the candidate in Form 'K'.

(3) an attested copy of the Matriculation/Higher Secondary certificate in support of the proof of the date of birth.

(4) a documentary proof in support of the duration of practice in Homoeopathy to the satisfaction of the Returning Officer.

(5) a declaration to the effect that the Candidate is not a salaried servant of the State Government, the Central Government, local authority or a Commercial or Industrial Undertaking or other Establishment(Other than a homoeopath). In the absence of such documents, the nomination shall be treated as invalid].

Every candidate shall be at liberty to withdraw his candidature in writing duly signed by him an delivered to the Returning Officer either personally or through an authorised agent by the appointed date. A candidate who has withdrawn his candidature shall not be allowed to cancel his withdrawal.

The Returning Officer, shall, after scrutiny of the nomination papers, append a Certificate of scrutiny in Form 'L' to each nomination paper found in order.

The Returning Officer shall decide all questions which may arise regarding the validity of any nomination and his decision thereon shall be final.

If in case of any election the number of candidates duly nominated does not exceed the number of persons required to fill up the vacancies, the Returning Officer shaft forthwith declare all such candidates to be elected.

If more candidates than are necessary to fill up the vacancies, file their nomination papers for election, the Returning Officer shall forthwith publish their names and addresses in Form 'M* in the Delhi Gazette, and shall also cause their names to be entered in the ballot papers in Form 'N'.

A voter who is living outside the Union Territory of Delhi and wishes to vote by post at the Election of the Board, shall send an application in Form 'S' to the Returning Officer so as to reach him at least 20 days or such a shorter period as the Returning Officer may allow before the date of poll and if the Returning Officer is satisfied that the applicant is avoter. he shall issue a postal ballot paper to him atleast O days before the poll: Provided that no election shall be invalidated for reasons that an election did not/ received his ballot paper, if the same was issued to him in accordance with these Rules].

On such date as may be appointed by the Returning Officer in this behalf, every elector desirous of voting shall personally present himself before the Returning Officer at a place mentioned in this behalf and deliver ballot paper after recording his vote or votes and affixing his signature on the ballotpaper; Provided that a postal ballot paper received by the Returning Officer after 3.00 P.M. on the date so appointed shall be rejected.

The Retuning officer shall appoint such number of scrutinisers as he thinks fit.

The ballot papers shall be scrutinised and the valid votes counted in the presence of Returning Officer at the appointed date, time and place. Any candidate may also be present either in person or through his accredited representative declared in Form 'O' to watch the counting of votes.

A ballotpaper shall be in valid if

(a) it does not in any way conform to these rules,

(b) it is not properly signed on its back by the elector,

(c) it does not bear the initials of the Returning Officer,

(d) no vote is recorded thereon,

(e) a voter writes his name or writes a word or makes any mark on the face of it,

(f) the number of votes recorded there on exceeds the number of vacancies to be filled. Provided that when more than one votes are given on the same ballot paper, if one of the marks is so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned and not the whole ballotpaper shall be invalid on that account.

The decision of the Returning Officer regarding the expiry of time fixed either for receipt of nomination paper or the ballot paper shall be final.

If any objection is made in respect of any ballot paper on the grounds that it does not comply with the specified requirements or to any rejection by the Returning Officer of a ballot paper, it shall be decided at once by the Returning Officer whose decision shall be final.

When an equality of votes is found to exist between any candidates and the addition of a vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer.

When the counting of votes has been completed, the Returning Officer shall forthwith declare the result in Form 'P' and shall submit a Return of Election in Form 'Q' to the Chief Commissioner for notifying the same in the Delhi Gazette.

Upon the completion of the counting of ballot papers and after the result has been declared by him, the Returning Officer shall seal the ballot papers the account of which shall be maintained by him in Form 'R' and all other documents relating to the election and shall retain the same with himself for a period of six months, and thereafter with the approval of the Chief Commissioner cause them to be destroyed.

The Chief Commissioner may, of his own motion, or on an objection made before him, declare an election that has been held to be void on account of corrupt practices or for any other sufficient cause and then all on the electorate to make a fresh election. The decision of the Chief Commissioner under this rule shall be final.

A Form of Register of Homoeopaths in New Delhi

FORM (See Rule 12)

FORMA

(See Rule 12)

Form of Register of Homoeopaths in New Delhi

S

I.

No.

Name Father's name or husband's name

Address

Qualifications

Age

1 2 3 4 5 6

Place where practicing Date of Regtn. Date of renewal of Regtn. Signature of Registrar Remarks

7 8 9 10 11

FORM

FORM B

Form of Certificate of Registration

The Board of Homoeopathic System of Medicine, Delhi

Certificate No. ______________________Date__________________________

This is to certify that the person named below has been duly registrated as a

PRACTITIONER IN HOMOEOPATHY and is entitled to all the privileges granted under

The Delhi Homoeopathic Act, 1956.

In witness whereof are herewith affixed the signature of the Registrar of the Board.

Name__________________

Registrar.

FORM (Rule 15)

FORM C

(Rule 15)

Forms of Application for Registration of Delhi Homoeopathic Practitioners

(under section 24 of the Delhi Homoeopathic Act, 1956)

To

The Registrar,

Board of Homoeopathic System of Medicine,

Delhi

. Dear

Sir.

I request that my NAME, ADDRESS AND QUALIFICATION as stated below may be registered under the Delhi Homoeopathic Act, 1956 and that I may be furnished with a certificate of registration

1. Name_____________

2. Address___________

3. Qualification_______

FORM

(Rule 16)

FORM D

(Rule 16)

Application for Registration of Additional Qualifications

To

The Registrar,

Board of Homoeopathic System of Medicine,

Delhi

.

Sir

I request that the additional qualifications of ___________ which I have obtained from

_______in ____________may be registered. The Diploma or Certificates of the qualifications

are enclosed herewith. These may be returned as soon as done with

I am already registered under the Delhi Homoeopathic Act, 1956 and may Registration Number is_______________

The prescribedfeeofRs_____________issent______________date_____________

Yours faithfully

Signature of the Applicant

FORM

(Rule 16)

FORM E

(Rule 16)

Certificate of Registration of Additional Qualification

The additional Diploma/Certificate appearing below have been inserted in the Register

of Homoeopathic Practitioner for the Union Territory of Delhi, against the name of_______

son of ________residenlof _________Registration No________________

Diploma or Certificate Diploma or Certificate

already registered newly registered Date _________________ _________________

Registrar.

FORM

(Rule 17)

FORM F

(Rule 17)

Certified Copy of Entries in the Registrar

Office of the Board of Homoeopathic System of Medicine, Delhi Certified to be a true copy of the entry in the Register of the name specified below:

Registration No. Name Address Date of registration Qualification

Registrar.

FORM

(Rule 26)

FORM G

(Rule 26)

Notice to the Registered Practitioner to attend proceedings for removal of his name from

The Register under Section 26 of the Delhi Homoeopathic Act, 1958.

Sir,

On behalf of the Board of Homoeopathic System of Medicine, Delhi I give you notice that information and evidence has been laid before the Board by which the complaints make the following charge against you, namely:

(Here set out the circumstance briefly)

and that in relation thereto you have been guilty of infamous conduct in a professional respect.

Or, that you were on the _______day of __________convicted of the following offence at

viz.,(set out particular of the conviction).

And I am directed further to give you notice that the__________day__________19____

A meeting of the Board will be held at _________at_ ________o'clock in the______________

consider the above-mentioned charges against you, and decide upon the disciplinary action to be taken against you. You are invited and required to answer in writing the above charges and to attend before the Board at the above mentioned place and time to establish any denial or deffence that you may have to make up to the above-mentioned charges and you are hereby informed that if you do not attend as required the Board proceed to hear and decide upon the said charges in your absence.

Any answer or other communication or application which you may desire to make respecting the said charges or your deffence thereto, must be addressed to the Registrar of

the Board and tran smittedsoas to reach him notless than ____________days appoint for

the hearing of the case,

Registrar

FORM

(Rule 34)

FORM H

(Rule 34)

Application for re-entry in the Register of Homoeopatic Practitioner of his name

removed under section 25 (2)

To

The Board of Homoeopathic System of Medicine,

Delhi

, Sir,

I, the undersigned (a)___________holding the qualification of (b)___________do

solemnly declare as follows My name was duly registered in the Register on

(c)_______in respect of the following qualification viz., (d)______________and at the

the date of the removal of my name, I was registered in respectofthefollowingadditional

qualifications, namely (d*).

The Registrar removed my name from the Register on(e)_________at(f).__________

My occupation has been (g)___________

It is my intention, if my name is restored in the Register ,to (h)---------------

I enclose herewith my certificate or registration in original which is still with me,

A renewal fee of R.s _________under Rule 34 is sent by money order postal order/paid

In person(j)to the Registrar .Declared at __________on _________

Yours faithfully

Signature

Witness (j)

Signature__________

Address___________

Registration No. ______________

Part ______________

(a) Insert full name.

(b) Insert qualification.

(c) Insert date of registration

(d) Insert qualifications

(d*)Insert additional qualifications if any,

(e) Inset date of removal

(f) State address.

(g) Give particulars.

(h) Insert particulars as to proposed future profession,

(i) A registered homoeopath.

(j) Strike off if not applicable

FORM

(Rule 54)

FORM I

(Rule 54)

Whereas an election of member/members of the Board of Homoeopathic System of Medicine, Delhi is to be held in pursuance of the provisions of Section 3(2) (a) Section 8 of the Delhi Homoeopathic Act, 1956, it is hereby notified for general information of the Registered homoeopaths that:

(1) The number of members of the Board to be elected is____________

(2) Forms of nomination paper may be obtained from the Registrar, Board of Homoeopathic System of Medicine. Delhi on any working day between 3.00 P.M. and 5.00 P.M. from_________(date)_________to__________(date)___________

(3) Nomination papers may be delivered to the undersignd personally or sent by post soastoreachinhisofficeat____________upto3P.M.onorbefore________________

(4) The nomination papers will be taken up for scrutinybytheundersignedat3P.M. on ___________at ________

(5) Last date for withdrawal of nomination by a candidate shall

(6) Ballot papers will be sent by the undersigned to the voters according to the procedure laid down in the rules made in his behalf.

(7) Last date for the receiptoftheballotpapersshallbe___________upto3P.M.

(8) Ballot papers whether delivered personally or sent by post must reach the

undersignedby3P.M.on________Ballotpapersreceivedafter3P.M_________on shall

be rejected,

(9) Theballotpapersshallbetakenupforscrutinyandcountingat________on____

_________in_____________

Dated

Office Address:-

(Returning Officer)

Board of Homoeopathic System of

Medicine, Delhi.

IMPORTANT; Please read the instruction (Attached) carefully

FORM

(Rule 60)

FORM J

Nomination Paper

(Rule 60)

1. Name of the candidate

2. Father' s/Husband's name

3. (a) Date of Birth

(b) Duration of practice

4. Address

5. Serial number of the candidate in the EIectoral Roll

6. Name of the Proposer

7. Serial number of the Proposer in the Electoral Roll

8. Signature of the Proposer

9. Name of the Seconder

10 Serial number of the Seconder in the Electoral Roll

11. Signature of the Seconder

Signature of the Candidate.

Encl.

INSTRUCTION FOR GUIDANCE FOR FILING NOMINATION PAPERS

1. In item No. 2 the appropriate alternative should be struck off. Husband's name is to be Filled in, in all cases where the candidate is a married woman or a widow.

2. Receipt in token of payment of Rs. 50, and the declaration (Specimen enclosed) by the candidate agreeing to serve on the Board, if elected shall be enclosed with the nomination paper.

3. In case a candidate wishes to appoint an accredited representative at counting of votes, he may also enclose a declaration in the form attached.

4. Only one accredited representative is to be appointed by a candidate at the counting of votes, in case the candidate cannot be present at the time and date fixed for the counting of votes. If more than one nomination paper is delivered by or on behalf of a candidate for election the name of the election accredited representative so appointed whether such accredited representative is the candidate himself or any other person, shall be specified in each such nomination paper.

5. Nomination papers which are not received by the Returning Officer up to 3 P.M. on or before ______________shall be treated as invalid.

6. Last date for the withdrawal of the nomination by a candidate is ______________

FORM

(Rule 61)

FORM K

(Rule 61)

Declaration by Candidate

I hereby declare that I agree to the nomination and am willing to serve on the Board of Homoeopathic System of Medicine, Delhi, if elected.

Dated___________

Signature of Candidates.

FORM

(Rule 63)

FORM L

(Rule 63)

Certificate of Scrutiny

Board of Homoeopathic System of Medicine, Delhi I have scrutinished the eligibility of the candidate, the proposer and the seconder, and

finding that they are qualified to stand for election, to propose and to second the nomination.

(Returning Officer)

FORM

(Rule 66)

FORM M

(Rule 66)

Election to the Board of Homoeopathic System of Medicine ,Delhi 196________________

Nomination of the following candidates have been received by me up to______________

Name Address Clinic

Residence

(Returning Officer)

FORM

(Rule 66)

FORM N

(Rule 66)

Form of Ballot Paper

Board of Homoeopathic System of Medicine, Delhi.196__________

Please see instructions enclosed

Counterfoil Name Candidates Marks Election for the Board of Homoeopathic system ofMedicine,Delhi,196 S .No .of Ballot Paper No. on the Roll of the elector in the Electoral Roll Name of the Elector Date of Despatch

Initials of the Returning Officer

Initials of the Despatching Officer

INSTRUCTIONS

1. The number of candidates for whom the Elector may vote is_____________________

2. The elector shall vote by placing the mark X opposite the name or names of candidates whom he prefers. If he does not wise to use all his votes, he need not do so, but more than one vote should not be given to any one candidate.

3. The ballot paper shall be invalid if___________

(a) the mark X is placed opposite the names of more candidates than are required to be elected.

(b) it is not properly signed on its back by the elector.

(c) it does not bear the initials of the Returning Officer.

(d) no vote is recorded thereon, or

(e) A voter writes his name or write saw or do makes a mark on the face of it.

(f) The number of vote srecorded there on exceed the number so vacancies to be filled in, or

(g) it does not in any way conform to these rules:

Provided that when more than one vote can be given on the same ballot paper if one of the marks is so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned and not the whole ballot paper shall be invalid on that account.

4. The elector should sign the declaration on the back of ballot paper shall be treated as in valid.

5. In case the elector fills in more than one ballot paper, the first only of such ballot papers received by the Returning Officer, shall, if otherwise in order, be valid and if the Returning Officer; is unable to determine which of such ballot papers was fist received by him, both or all such ballot papers shall be invalid.

6. Ballot papers shall be sent to the Returning Officer by registered post or otherwise. Ballot papers which are not received by the Returning Officer by 3P.M. shall be rejected.

7. The Electoral roll can be inspected in the Office of the Board of Homoeopathic System of Medicine, Delhi on any working day between 10 A.M. and 12 Noon except Saturday s, Sundays and gazetted holidays.

FORM

(Rule 70)

FORM O

(Rule 70)

Declaration regarding the appointment of an Accredited Representative at the

counting of votes

I hereby declare that I have appointed Shri _______son of Shri _______________of____

to be my accredited representative at the counting of the votes. Dated, the_____________

Signature of Candidate

Election to the Board of Homoeopathic

System of Medicine,

Delhi

FORM

(Rule 75)

FORM P

(Rule 75)

Declaration

I ______________Returning Officer for the election, of members to the Board of

Homoeopathic System of Medicine, Delhi declare that

Shri ________________

Address ______________

has been duly elected to the membership of the Board of homoeopathic System of Medicine, Delhi.

Returning Officer

Board of Homoeopathic System of Medicine,

Delhi.

Dated, the__________________

FORM

(Rule 75)

FORM Q

(Rule 75)

Return of Election

Return of election to the Board of Homoeopathic System of Medicine, Delhi

Name of Candidates Number of valid votes given to the Candidate 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Total No. of valid votes Total No. of invalid votes I Declare that 1. ShriAddress 2. ShriAddress 3. Shri Address 4. Shri Address 5. Shri Address 6. Shri Address

Have been duly elected as members of the said Board

(Returning Officer)

For Election to the Board of Homoeopathic

System of Medicine, Delhi

FORM

(Rule 76)

FORM R

(Rule 76)

Ballot paper Account

Election to the Board of Homoeopathic System of Medicine Delhi.

1. No. of Ballot paper sprinted;

2. No. of Ballot papers issued to electors:

3. No. of unused Ballot papers with the Returning Officer:

4. No. of Ballot papers found in the Ball of Box;

5. No of Ballot paper sun delivered;

6. No. of Ballot papers received back through the post office;

Reluming Officer

for Election to the Board of Homoeopathic

System of Medicine, Delhi

FORM

(Rule 67)

FORM S

(Rule 67)

To,

The Returning Officer,

Board of Homoeopathic System of Medicine,

Block8-A,OldSecretariat,Delhi.

Subject: Election of the Board of Homoeopathic System of Medicine, Delhi.

Sir,

I intend to cast my vote by post at the ensuing election of the Board of Homoeopathic System of Medicine Delhi.

My name is entered at Serial No _________Part __________of the electoral roll of the

Board.

I am registered with this Board at Serial No _________________dated ________and is

practising at .______________My residential address is____________

The ballot paper may be sent to me at the following address.__________________

Yours faithfully

Place______________________ (Dr__________)

Dated ______________________ Full Signature

1. AddedvideNotificationNo.F25/l/76-MandPH,Dated29-ll-1976.

Regulations regarding recognition of Certificates/Degrees/Diplomas of various homoeopathic institutions in India and abroad

The certificates/degrees/diplomas of the homoeopathic institutions detailed in the table below are recognized for purposes of registration under Section 2 of the Schedule annexed to the Delhi Homoeopathic Act, 1956:

Provided that Degrees/Diplomas/Certificates conferred by the institutions mentioned at Serial Nos. 12 to 21 will be accepted for purposes of registration subject to the following conditions:-

(i) that such qualifications were obtained not later than 1943; (ii) that the holder's name appears in the list of diploma holders already furnished by the authorities of the institution concerned to the General Council & State Faculty of Homeopathic Medicine, West Bengal, and maintained in the office of the said Faculty; and

(iii) that the holder has been practicisinng Homeopathy even since he obtained his qualification from the institution concerned.

TABLE

Name of the College Degree or Diploma Date of institutional years of course of diploma or degree 1. National Homoeopathic Medical College and Hospital, Lucknow. 1. H.L.M.S. (2 years) 1923-36. 2. H.M.D. (4 years) 1925-42. 3. H.M.B. (3 years) 1924-49. 4. B.M.S (4 years) 1950 onward. 2. National Homoeopathic Medical College, Lucknow. H.M.B (2 years) 1931-56. 3. Bombay Homoeopathic Medical College C/o. The Homoeopathic Education Society, Nileema, 12 Road Khar, Bombay. L.C.E.H (i.e. Licentiate of the Court of Examiners in Homoeopathy). 4. Homoeopathic Mission College, Ahmedabad. I.C.E.H. (3 years). 5. Calcutta Homoeopathic Medical College and Hospitals. 6. D.N. De Homoeopathic Medical College and Hospital (Formerly Dunham Homoeopathic Medical College). 7. Pratap & Hering Homoeopathic Medical College and Hospital. Degree/Diplomas/Certificates Recognized by the General Council and State Faculty of Homoeopathic Medicine, West Bengal, 8. Midnapore Homoeopathic Medical College and Hospital. 9. Bengal Allen Homoeopathic Medical College and Hospital. 10. Royal Homoeopathic Faculty, London. D.F. 11. American Foundation for Homoepathy U.S.A. (Post-graduate certificate). M.F. 12. The Calcutta Homoeopathic Medical College and Hospital. 13. The Bengal Allen Homoeopathic MedicalCollege and Hospital. 14. Pratap Chandra Memorial HomoeopathicHospital and College. 15. The Dunham Homoeopathic Medical College and Hospital. 16. Hering Homoeopathic Medical College and Hospital. 17. The Regular Homoeopathic College. 18. The Central Homoeopathic College. 19. Ashutosh Homoeopathic College, Calcutta. 20. Vivekananda Homoeopathic Medical School, Bankura, 21. The Bengal Homoeopathic Medical College and Hospital. 22. Homoeopathic Medicine Board, (U.P.) (C.H.P.) Certificates of practice in 23. Vidarbha Board of Homoeopathic and Biochemic System of Medicine, Nagpur. (D.H.B.) Homoeopathy. Diploma Course in Homoeopathy and Biochemistry). 24. Andhra Pradesh Homoeopathic MedicalCollege and Hospital, Godivada. (D.H.M.) Diploma in Homoeopathic Medicine. 25. Athurasramam Homoeo Medical College,Kurichi, Kottayam. 26. British Faculty of London. F.F.HOM.

CHIEF COMMISSIONER DELHI

Dated the 11th November, 1959

No. F. 32 (87)/58-M & PH. The following regulations framed with the previous approval of the Chief Commissioner, Delhi, by the Board of Homoeopathic System of

Medicine, Delhi under Section 46 of the Delhi Homoeopathic Act, 1956, prescribing the conditions on which a person may be registered under Section 24 of the said Act, are published for general information:

Regulations prescribing the conditions on which a person may be registered under

Section 24

Every person making an application under sub-rule (1) of rule 15 of the Delhi Homoeopathic Rules, 1958 shall furnish the following certificates besides the documents regarding qualifications, with such application :

(1) a certificate to the effect that the applicant

(a) is not a minor on the date of application,

(b) is not of unsound mind,

(c) is not undischarged insolvent, and

(d) has not been convicted by a competent court for an offence involving moral turpitude;

(2) a certificate of character in the following form :-

I certify that Shri/Shrimati/Kumari................................................son/wife/daughter

of................................................is personally known to me for ............. years and

bears a good moral character.

Note.- - Each such certificate shall be signed by a Member of the Board, a Member of

Parliament or any Gazetted Officer, who is not related to the applicant and is well-acquainted with the applicant's private life.

(3) A copy of the High School Certificate duly attested by a gazetted officer in active service should be sent as evidence of age. If the said certificate does not contain the age or is not forthcoming or if the applicant has not passed the High School Examination he/she may furnish any one of the following

documents as proof of age :-

(i) a copy of the certificate from the recognized institution last attended containing

the date of birth or age as recorded at the time of admission ;

(ii) a copy of the Baptismal or birth registration certificate;

(iii) a certificate of age from a registered medical practitioner employed in a Government Hospital in Delhi;

(iv) an extract from pension papers of a retired Government servant relating to date of birth duly attested by a Gazetted Officer in active service.

(v) a copy of Insurance Policy where age has been admitted; duly attested by a Gazetted Officer in active service;

(vi) a copy of Gratuity papers of a retired Government servant containing

proof of age duly attested by a Gazetted Officer in active service; (vii) an extract from service book of a retired Government servant relating to date of birth duly attested by a Gazetted Officer in active service.

Regulations relating to meeting of the Board of Homoeopathic System of Medicine, Delhi and the conduct of business threat

1. The Board shall meet as and when Chairman considers it necessary but it shall meet at least twice a year.

2. The meeting will generally be held in the Office of the Board or at such place which the Chairman may from time .to time determine

3. Not less than 7 days notice shall be given of any meeting;

Provided that the Chairman may convene a meeting at a shorter notice for the purpose of disposing of an urgent business.

4. The Secretary shall give to the members of the Board notice of the time and place at which a meeting shall be held, prepare and circulate the agenda with notes, if any, and record and circulate the minutes of the meeting. He may be called upon by the Chairman to supply information to members or elucidate any points as may be desired by the Chairman or members.

5. Notwithstanding contained in Rule 4, the Chairman may place for the consideration

of the Board any matter not included in the Agenda of the meeting.

6. The number of members including the Chairman whose presence shall constitute

a quorum shall be four. If within 15 minutes from the time appointed for the meeting the quorum is not constituted, the meeting shall be adjourned and no quorum shall be necessary for the adjourned meeting.

7. (i) Every meeting shall be presided over by the Chairman or in his absence by the Vice-Chairman.

(ii) If at a meeting neither the Chairman nor Vice-Chairman is present the members present shall elect one of the members present to be the Chairman of the meeting and such Chairman shall perform all the duties, and may exercise all the powers of the Chairman of the Board when presiding at the meeting.

8. All questions at the meeting of the Board shall be decided by a majority of votes of the members present and voting.

9. In case of equality of votes the Chairman shall have a second or casting vote.

10. The Chairman may require that any motion or amendment proposed shall be seconded before it is discussed.

11. In proposing or discussing any question the member shall address the Chairman.