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 Delhi Homoeopathic Act, 1956
Part-1 Prelimanary
- Short title, extent and commencement -
(1) This Act may be called the Delhi Homoeopathic Act, 1956.
(2) It extends to the whole of the state of Delhi.
(3)
It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
- Interpretation -
(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 State of Delhi;
(m) "State Government" means the chief Commissioner, Delhi;
(2) the General Clauses Act, 1897 (X of 1897) applies for the interpretation of this Act as it applies for the interpretation of a Central Act.
PART II - ESTABLISHMENT OF BOARD
- Establishment of Board
(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 consists 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 form 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 Govenment;
(3) The elction 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.
- Chairman and Vice-Chairman
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.
- Term of Office
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.
- First Board to be nominated by Government
Not withstanding 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.
- Resignation
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 State Government.
- Filling of casual vacancies in the Office of Chairman, Vice-Chairman or a member
If the chairman or Vice-Chairman or a member of the Board dies or resigns from any 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.
- Removal of Member
(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 such 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 provision 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.
- Disqualification for Membership - Any person -
(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.
- Duties of Chairman - 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.
- Delegation by Chairman of his powers and duties to the Vice-Chairman
(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.
(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.
(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.
- Duties of Vice-Chairman - The Vice Chairman shall -
(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 an 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
- Nomination of members in default of election - 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.
- Notification of elections, nominations and vacancies - 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.
- Payment of allowance to members - 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.
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