Act Number: 59

Act Name: The Homoeopathy Central Council Act, 1973

Year: 1973

Enactment Date: 1973-12-19

Long Title: An Act to provide for the constitution of a Central Council of Homoeopathy and the maintenance of a Central Register of Homoeopathy and for matters connected therewith.

Ministry: Ministry of Ayush

Department:

Section 15: Rights of persons possessing qualifications included in Second or the Third Schedule to be enrolled.
    (1) Subject to the other provisions contained in this Act, any medical qualification included in the Second or the Third Schedule shall be sufficient qualification for enrolment on any State Register of Homoeopathy.
     (2) No person, other than a practitioner of Homoeopathy who possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy,--
         (a) shall hold office as Homoeopathic physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority;
         (b) shall practise Homoeopathy in any State;
         (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;
         (d) shall be entitled to give any evidence at any inquest or any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Homoeopathy.
     (3) Nothing contained in sub-section (2) shall affect--
         (a) the right of a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to practise Homoeopathy in any State merely on the ground that, on the commencement of this Act, he does not possess a recognised medical qualification;
         (b) the privileges (including the right to practise Homoeopathy) conferred by or under any law relating to registration of practitioners of Homoeopathy for the time being in force in any State, on a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy;
         (c) the right of a person to practise Homoeopathy in a State in which, on the commencement of this Act, a State Register of Homoeopathy is not maintained if, on such commencement, he has been practising Homoeopathy for not less than five years;
         (d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956) including the right to practise medicine as defined in clause (f) of section 2 of the said Act or the Indian Medicine Central Council Act, 1970 (48 of 1970) of persons possessing any qualifications included in the respective Schedules to the said Act.
     (4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
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