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 Delhi Homoeopathic Act, 1956
PART IV - STAFF AND MEDICAL REGISTRATION
- Registrar and other officer and servants of the Board -
(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, designation, 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 servants of the Board, shall be subject to rules and regulations.
(4) All questions of recruitment, promotions, leave, provident fund and other conditions 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.
- Order by Board for maintenance of register -
(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.
- Duties of Registrar -
(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 name 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.
- Persons entitled to registration -
(1) 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 conditions 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.
- Renewal fees -
(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.
- Removal of names from the register - The Board may direct that the name 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 infamous 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 reentered in the register.
- Power of Board to call for information from medical institutions - The Board shall have power to call upon the governing body or authorities of a medical corporation, examining body or other institution recognized or desirous of being recognized by 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 homeopathy; 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.
- Publication of names entered in the register -
(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.
- Examinations -
(1) The Board may by regulations lay down the qualifications required for admission to a course of training in the Homeopathic 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 Homeopathic 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 authorized 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 qualifications, and
(b) to permit inspectors appointed by the Board to inspect the institution.
(3) The Board may form a standing syllabus and Examination Committee from amongst its members for conducting the business mentioned in sub-sections (1) and (2)
- Appointment of Inspectors –
(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 homeopathic dispensaries, hospitals and the institutions affiliated to the Board and shall report to the Board in regard to the course of 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.
- Grant and withdrawal of recognition - 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 up to the standard required for such recognition and may at any time withdraw such recognition if in the opinion of the Board the institution is unable to impart instructions of the required standard.
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