Chapter VI Miscellaneous

(1) An appeal shall lie to the State Government from every decision of the Board under this Act. (2) Every appeal under sub-section (1) shall be preferred within three months of the date of communication of the decision sought to be appealed from.

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 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 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 a new Board shall be constituted within two years of such dissolution.

If a person whose name is not entered in the register of Homoeopaths falsely pretends that it is so entered or uses in connection with his name or title any word or letters representing that his name is so entered, he shall, whether any person is actually deceived by such representation or not, be punishable, on conviction, with fine which may extend to Rs. 200.

(1) No person other than an association or institution recognised or authorised by the Board under this Act shall confer, grant or issue, or hold himself out as entitled to confer, grant or issue, any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient thereof is qualified to practice the homoeopathic system of medicine. (2) Whoever contravenes the provisions of this section shall be punishable, on conviction, with fine which may extend to Rs. 500 and, if the person so contravening is an association every member of such association, who knowingly and wilfully authorises or permits the contravention, shall be punishable with fine which may extend to Rs. 200.

Whoever voluntarily and falsely assumes or uses any title, description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred, granted or issued by any association or institution recognised or authprised by the Board under this Act or that he is qualified to practice the homoeopathic system of medicine under the provisions of this Act, shall, on conviction, be punishable with fine, which may extend to Rs. 50 for the first offence under this section and to fine which may extend to Rs. 200 for every subsequent offence.

(1) If after such date as the State Government may by notification in the Official Gazette specify in this behalf any person other than a registered homoeopath or other than a person whose name is entered in the list prepared and kept under section 62, practices or holds himself out, whether directly or by implication, as practising or as being prepared to practice, the homoeopathic system of medicine, he shall be punishable with fine which may extend to Rs. 200 and where the offence is a continuing one, with a further fine which may extend to Rs. 25 for each day during which the offence continues after the first such conviction. (2) Nothing contained in sub-section (1) shall be deemed to prohibit any person from practising the Homoeopathic system of medicine if he practices it for charity and not for livelihood: Provided that such person shall not be entitled to the privileges of Homoeopaths specified in Chapter V of this Act. (3) The State Government may, by notification in the Official Gazette, direct that the provisions of this section shall not apply to any class of persons either throughout the State or in any area specified in such notification.

(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 in this behalf by rules made under this Act.

A copy of any proceeding, receipt, application, plan, notice, order, entry in a register or other document in the possession of the Board shall, if duly certified by the Registrar or other person authorised by the Board in this behalf, be received as Prima facie evidence of the existence of the entry or document and shall be admitted as evidence thereof and of all the matters therein recorded in every case where, and to the same extent as the original entry or document would, if produced have been admissible to prove such matters.

No member, officer or servant of the Board shall, in any legal proceeding to which the Board is not a party, be required to produce any register or document or to appear as a witness to prove the matters recorded therein, unless ordered by the court for special reasons.

(1) The State Government may, from time to time, make rules consistent with this Act to carry out the purposes thereof. (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, namely:- (a) the time and place at which and the manner in which election shall be held under section 4; (b) regulation of elections under this Act; (c) the privileges, salary and allowances and other conditions of service of the Registrar: (d) the conduct and maintenance of correct minutes of meetings of the Board: (e) the manner in which vacancies shall be filled under section 9: (f) the accounts to be kept by the Board and the manner in which such accounts shall be audited and published: (g) the date before which a meeting shall be held for the passing of the budget: (h) the method and forms to be adopted in the preparation of the budget: (i) the returns, statements and reports to be submitted by the Board; (j) the forms of the register of Homoeopaths to be maintained under this Act: (k) the fees chargeable under this Act and their application: (l) the manner in which appeals against the decisions of the Registrar shall be heard by the Board under section 30: (m) allowances payable to members of the Board and its Chairman; (n) the remuneration to be paid to the Chairman; (o) the furtherance of any object of the Board as a teaching or examining body; (p) maintenance of a patient register by Homoeopaths in the prescribed form; (q) delegation of powers by the State Government and by the Board: (r) the form of application for the grant of licence or permit under clause (x) of section 40 and the particulars to be filled therein; (s) the conditions for the grant of licence, the renewal of licence and the fees payable thereof; and (t) the furtherance of any other objects of the Act. (3) All such rules shall be published in the Official Gazette. (4) All rules finally made under this Act shall be laid as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such 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 previously done thereunder.

(1) Subject to the provisions of this Act and the rules made by the State Government thereunder, the Board may frame regulations for regulating the following matters, namely:- (a) the conditions on which institutions may be affiliated or recognised for the purpose of registration under section 30; (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 any degree, diploma or certificate course and to the examinations of the Board and shall be eligible for degrees, diplomas and certificates; (d) the conditions of residence of the students 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 Board; (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; (h) the time and place at which meetings of the Board shall be held; (i) the issue of notice convening such meeting; (j) the conduct of business thereat; (k) the asking of questions by members of the Board at its meeting subject to such conditions and restrictions as may be provided in the regulations; (l) the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar; and (m) all other matters which may be necessary for the purposes of carrying out the objects of this Act. (2) All regulations framed under sub-section (1) shall be published in the Official Gazette. (3) The State Government may, by notification in the Official Gazette cancel or modify any regulation.

The power of the State Government to make rules and of the Board to make regulations is subject to the condition of the rules or regulations being made after previous publication, for objections and of their not taking effect until they have been published in the Official Gazette, and of the regulations not taking effect until they have been confirmed by the State Government.

(1) No suit or other legal proceeding shall lie against the State Government in respect of an act done in the exercise of the powers conferred by this Act or the rules made thereunder. (2) No suit or other proceeding shall be maintainable 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 the Chairman or of any officer or servant of the board in respect of anything done lawfully and in good faith and with reasonable care and attention under this Act or rules or regulations made thereunder.

Unless it is under this Act otherwise expressly provided, no provision of this Act shall affect a medical practitioner other than a Homoeopath registered under this Act.