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 Delhi Homoeopathic Act, 1956
PART VII – OFFENCES
- Conferring granting or issuing diploma, license etc, by unauthorized person or institution –
- No person other than an association or institution recognized or authorized under this Act shall confer, grant or issue or hold itself out as entitled to confer, grant or issue any degree, diploma, license, certificate or other document starting or implying that the holder, grantee, or recipient is qualified to practice the homeopathic system of medicine.
- Whoever contravenes the provisions of this section shall be punishable with imprisonment which may extend to one year or fine, which may extend Rs. 1,000 (one thousand) or both.
- False assumption of certificate or diploma to be an offence – 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 recognized or authorized 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 to Rs. 1,000 (one thousand) or both every subsequent offence.
PART VIII – MISCELLANEOUS
- Appeals to State Government from decision of Board –
- 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.
- Every appeal under sub-section
shall be preferred within three months of the date of
communication of such order.
- Bar to suit and other legal proceedings –
(1) No suit or other legal proceeding shall lie against to 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 of this Act or of any rules or regulations made thereunder.
- Control of Board by State Government –
(1) The State Government may give such direction 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 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.
- Court competent to try offences under this Act and take cognizance of offences –
(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.
- Delegation of powers – 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.
- Making of Regulations – 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 registered under Section 24 or an institution may
be affiliated or recognized under Section 29.
(b) The admission of students to the educational 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 examination of the Board and shall be eligible for degrees,
diplomas and certificates ;
(d) The conditions of residence of the student 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 boards;
(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 farming regulations the board shall take into considerations 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 meetings.
(c)The conduct of business there at,
(d)The salary, allowances and other conditions of service of officers and servants of
the board other than the Registrar.
(e)All other matters which may be necessary for the purposes of carrying out the objects
of the Act.
(3) All such regulations shall published in the Official Gazette.
(4) The state Government may, by notification, in the Official Gazette, cancel or modify any
regulation.
- Rules –
(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 manner 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 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 data before which a meeting shall be held for the sanction of the budget.
(h)The method and from 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 the practitioner in the prescribed from;
(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.
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