Chapter VI MISCELLANEOUS

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

There shall be paid to the members of the Board and the Court such fees and allowances for attendance and such reasonable travelling allowances as shall from time to time be prescribed.

(1) The income of the Board shall consist of,-

(a) fees received from practitioners and examinees;

(b) the fees, if any, collected by the Court;

(c) grants received from the Government;

(d) donations and other sums received by the Board.

(2) The expenses of the Board shall include the salaries and allowances of the Registrar, the staff appointed by the Board including Inspectors, and fees and allowances paid to members of the Board and the Court, expenses for the conduct of examinations and such other expenses as are necessary for carrying out the purposes of this Act. The State Government may also direct the Board to pay such other expenses to the Court as it thinks fit.

(1) The Registrar shall every year on or before the thirtieth day of June publish in the official Gazette a correct list of the names and qualifications of all practitioners entered in the register on the first day of January of that year.

(2) A copy of the list published under sub-section (1) shall be evidence in all courts and judicial or quasi-judicial proceedings that the persons therein specified are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act:

Provided that in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

(1) The State Government may, by notification, and after previous publication, make rules prospectively or retrospectively to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules may be made for any of the following matters:—

(a) the manner in which election shall be held under section 5;

(b) the manner in which vacancies shall be filled under section 7;

(c) the salary, allowances and other conditions of service of the Registrar under section 14;

(d) the powers to be exercised and functions to be performed by the Board under section 15;

(e) the manner of filling a vacancy under sub-section (3), the duties and functions to be performed by the Court under sub-section (5) and the time and place of the meeting and the procedure to be followed regarding its working under sub-section (6) of section 16;

(f) the particulars to be entered in the register under clause (e) of sub-section (2) of section 17;

(g) the manner of making inquiry under sub-section (3), and the form of certificate under sub-section (5) of section 18;

(h) the fees chargeable for the alteration of entries as respects additional qualification under sub-section (3) of section 22;

(i) the manner of payment of renewal fee and conditions subject to which such fee shall be paid under the proviso to sub-section (2) of section 24;

(j) the fees and other allowances to members of the Board and Court under section 32; and

(k) any other matter which is to be or may be prescribed under this Act.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.

(1) The Board, may with the previous sanction of the State Government make regulations not inconsistent with this Act or the rules for any of the following matters, namely:—

(a) the time and place at which and the manner in which the Board shall hold its meetings under section 12;

(b) the salary, allowances and other conditions of service of officers and servants of the Board and the Court, other than the Registrar, under section 14;

(c) the language in which the examinations shall be conducted and instruction shall be given; (1) The Board may, with the previous sanction of the State Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, for the following matters, namely:— (d) the detailed curriculum, the number of lectures, the period of terms devoted to practical and clinical studies in each subject and the recommendation of text books, if any; (e) the conditions of appointment of examiners and fees to be paid to them, the conduct of examinations and the fees to be charged for the conduct of such examinations; (f) all other matters which are not prescribed by rules, but which are necessary for the purpose of carrying out the object of this Act: Provided that the Board shall, before proposing any regulation under clauses (b), (c), (d), (e) or (f), consult the Court and in case of difference of opinion between the Board and the Court in respect of any such regulation, the Board shall, while submitting such regulation to the State Government for sanction, report the grounds for such difference of opinion. (2) The State Government on receiving the draft regulations may sanction or refuse to sanction the same or sanction them subject to such modifications as it may think fit or return them to the Board for further consideration. (3) All regulations when sanctioned, with or without modification shall be published in the official Gazette. (4) It shall be lawful for the State Government by notification to cancel or alter any regulation made under this Act.

(1) If at any time it appears to the State Government that the Board has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties conferred 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 failure, excess or abuse within such time as the State Government may fix in this behalf, the State Government may by notification dissolve the Board and cause all or any of the powers or duties of the Board to be exercised and performed by such person and for such period not exceeding two years as it may think fit and shall take steps to constitute a new Board. (2) Notwithstanding anything contained in this Act, rules or regulations, if at any time it shall appear to the State Government that the Board or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validly constituted or appointed, the State Government may by notification direct that any of such powers or functions be exercised or performed by such person in such manner and for such period not exceeding six months and subject to such conditions as the State Government thinks fit.

Notwithstanding anything contained in this Act, pending the constitution of the Board for the first time under this Act, the powers and functions of the Board shall be exercised and performed by a committee appointed by the State Government consisting of the Director of Indian Systems of Medicine and Homeopathy in Karnataka as Chairman and four members who shall be practitioners eligible to have their names entered in the register.

No act done in the exercise of any power conferred by or under this Act on the State Government or the Board or the Court or the Registrar or by any officer or servant under the direction of the State Government, the Board or the Court shall be questioned in any civil court.

The Bombay Homœopathic Act, 1951 (Bombay Act XLVIII of 1951), as in force in the Belgaum Area, is hereby repealed.