Chapter III REGISTRATION OF PRACTITIONERS

1. (1) Subject to the other provisions contained in this Act, -
   • (a) every person who possesses any of the qualifications specified in the Schedule and who furnishes to the registrar proof of his qualification for registration whether or not such person practises or intends to practise homoeopathy ;
   • (b) every person who does not possess any of the qualifications referred to in clause
   • (a) but who, -
     • (i) makes an application in the prescribed manner so as to reach the council on or before the 4th day of May 1976 ; and
     • (ii) proves in the prescribed manner to the satisfaction of the council that he has been in regular practice as a practitioner for a period of not less than ten years on the 4th day of May 1974 ; and
   • (c) every person who neither possesses any of the qualifications referred to in clause
   • (a) nor has been in such practise as is referred to in clause
   • (b) but who, -
     • (i) makes an application in the prescribed manner so as to reach the council on or before the 4th day of May 1976 ;
     • (ii) proves in the prescribed manner to the satisfaction of the council that he has been in regular practice as a practitioner for a period of not less than four years from the 4th day of May 1974 ; and
     • (iii) passes a written test to be conducted by the council within a period of five years from the commencement of this Act, shall be entitled to have his name entered in the relevant register of practitioners maintained under sub-section
2. (2) of section 16.
3. (2) The place and time at which the written test referred to in sub-clause
   • (iii) of clause
   • (c) of sub-section
4. (1) shall be conducted and the syllabus for the test shall be prescribed by regulations.
5. (3) Every application for registration under this Act shall be sent to the registrar together with the prescribed fee and such proof of qualifications for registration, as may be prescribed.
6. (4) The council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the council a defect of character or who, after inquiry at which opportunity has been given to the candidate to be heard in person or by pleader, has been held by the council to have been guilty of infamous conduct in any professional respect.

1. (1) Subject to the provisions of this Act and subject to any general or special order of the council, it shall be the duty of the registrar to maintain the registers referred to in sub-section
2. (2) and from time to time to revise those registers and publish the same in the prescribed manner.
3. (2) There shall be maintained the following registers, namely :-
   • (i) a register containing the names of practitioners who possess any of the qualifications specified in the Schedule and who are registered or deemed to be registered under clause
   • (a) of sub-section
4. (1) of section 15 ;
   • (ii) a register containing the names of practitioners registered or deemed to be registered under clause
   • (b) of sub-section
5. (1) of section 15 ;
   • (iii) a register containing the names of practitioners registered under clause
   • (c) of sub-section
6. (1) of section 15.
7. (3) Every register maintained under sub-section
8. (2) shall be in such form and shall contain such particulars as may be prescribed.
9. (4) The registrar shall maintain every register in accordance with this Act and the rules made thereunder and shall remove from such register the name of any registered practitioner who is dead or whose name is directed to be removed or deleted from the register under section
10. (5) Every register maintained under sub-section
11. (2) shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (Central Act I of 1872).

¹⁹ For this purpose, information regarding the death of any registered practitioner shall be furnished to the registrar by such officer, in such form and in such manner as may be prescribed.

1. (1) Every person who applies to be registered under this Act shall pay such registration fee not exceeding one hundred rupees as may be prescribed.
2. (2) Every registered practitioner who applies to the registrar for registration under a new name or in respect of any additional qualification obtained subsequent to registration under this Act shall pay such registration fee not exceeding ten rupees as may be prescribed.

1. (1) Every person whose name has been entered in a register maintained under sub-section
2. (2) of section 16 shall be issued a certificate of registration in the prescribed form.
3. (2) Where it is shown to the satisfaction of the registrar that the certificate of registration issued under sub-section
4. (1) has been lost or destroyed, the registrar may, on payment of such fee not exceeding ten rupees as may be prescribed, issue a duplicate thereof.

1. (1) The council may, if it deems fit and after giving due notice to the person concerned and inquiring into his objections, if any, order that any entry in the relevant register which shall be proved to the satisfaction of the council to have been fraudulently or incorrectly made or brought about, be cancelled or amended. (2)
   • (a) The council may direct the removal altogether or for a specified period from the relevant register of the name of any registered practitioner for the same reasons for which registration may be refused under sub-section
2. (1) or sub-section
3. (4) of section 15 and the said sub-section
4. (4) shall apply to any inquiry under this section.
   • (b) The council may also direct that any name so removed shall be restored.
5. (3) Nothing contained in sub-section
6. (2) shall relieve a registered practitioner of any obligation or code of ethics which may be imposed upon registered practitioners generally by the council.
7. (4) Any registered practitioner may make an application to the council for the deletion of his name from the relevant register and the council may, subject to such rules as may be made by the Government in this behalf, direct such deletion. Any such practitioner may apply for fresh registration under section 15.
8. (5) Whenever the name of any registered practitioner is directed to be removed or deleted from the register by the council, it may publish or cause to be published the fact of such removal or deletion in such manner as it deems fit.

1. (1) Any person aggrieved by-
   • (a) any decision of the registrar refusing to register under sub-section
2. (1) of section 15, may appeal to the council ; or
   • (b) any decision of the council under sub-section
3. (4) of section 15 or section 19, may appeal to the Government.
4. (2) The appeal under sub-section
5. (1) shall be preferred within three months from the date of the receipt by the appellant of the decision appealed against : Provided that the appellate authority may, in its discretion, allow further time not exceeding three months for preferring any such appeal, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
6. (3) In disposing of an appeal under sub-section (1), the appellate authority may, after giving the party an opportunity of making his representations, pass such order thereon as it may deem fit.
7. (4) The order of the appellate authority on such appeal shall be final.
8. (5) The appellate authority may, pending the exercise of its powers under this section, pass such interlocutory orders as it may deem fit.

1. (1) Any inquiry under section 15 or section 19 may be held by a committee consisting of three members of the council elected for the purpose by the council. The council or the committee, as the case may be, may, at its discretion, hold such inquiry in camera. When the inquiry is held by a committee, it shall make a report to the council which shall pass orders under section 15 or section 19, as the case may be.
2. (2) For the purpose of any such inquiry or of any appeal under clause
   • (a) of sub-section
3. (1) of section 20, the council or any committee thereof elected as aforesaid shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (Central Act I of 1872), and shall exercise all the powers of a commissioner appointed under the Public Servants (Inquiries) Act, 1850 (Central Act XXXVII of 1850), and such inquiries and appeals shall be conducted as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries) Act, 1850 (Central Act XXXVII of 1850).

The council shall have the following powers, namely :-

1. (1) to establish with the approval of the Government institutions teaching homoeopathy, to aid institutions teaching homoeopathy and to grant or refuse affiliation to such aided institutions or to withdraw after giving the governing body or authority of the aided institution an opportunity to show cause against the action proposed to be taken, such affiliation;
2. (2) to call on the governing body or authority of an institution affiliated to the council, or of an institution applying for affiliation, to furnish within such period as may be specified, such reports, returns or other information as the council may require to judge the efficiency of the institution.
3. (3) to hold examinations for persons who shall have pursued a course of study in institutions established by, or affiliated to, the council, and to confer degrees, diplomas and certificates on them on having passed the necessary examinations;
4. (4) to provide by regulations courses of study for different examinations held by the council :
5. (5) to provide for instruction or for refresher courses in such branches of medical science as would be useful to persons studying homoeopathy ;
6. (6) to appoint examiners and to fix their remuneration and to publish the results of the examinations held by it ;
7. (7) to grant scholarships, prizes and medals to students of institutions established by, or affiliated to, the council who are meritorious, or stipends to students who are poor and deserving ; and with the sanction of the Government to grant to students scholarships for research or special study in any institutions that the council may think fit, whether in India or abroad and to endow chairs of homoeopathy in institutions established by, or affiliated to, the council ;
8. (8) to confer honorary degrees on practitioners of extraordinary merit ;
9. (1) to collect prescribed fees or charges for admission to the examinations held by the council and for certificates, diplomas or degrees granted or conferred by it ;
10. (10) to exercise general supervision over the residential and disciplinary arrangements made by the institutions established by or affiliated to, the council and arrangements for promoting the health and general welfare of the students of such institutions ;
11. (11) to recommend to the Government the sanction of a grant to an affiliated institution teaching homoeopathy or the withdrawal or suspension, after giving the governing body or authority of the institution concerned an opportunity of showing cause against the action proposed, of any such grant ;
12. (12) to appoint such number of inspectors for the inspection of institutions teaching homoeopathy as the council may deem fit on such terms as the council may, with the previous sanction of the Government, determine;
13. (13) to receive grants, donations, gifts and endowments ;
14. (14) to incur such expenditure, to adopt such measures and to do such acts as may be necessary for the furtherance of the objects mentioned in this section ;
15. (15) to advise the Government in the matter of research in homoeopathy ; and
16. (16) to perform such other functions as the Government may direct or, on the recommendation of the council, approve for carrying out the provisions of this Act.

Whenever it appears to the Government that the council has neglected to exercise or has exceeded or abused any power conferred upon it by this Act or any rule made thereunder or has neglected to perform any duty imposed upon it by this Act or any rule made thereunder, the Government may notify the particulars of such neglect, excess or abuse to the council, and, if the council fails to remedy such neglect, excess or abuse within such time as may be fixed by the Government in this behalf, the Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the council to be exercised and performed by such person or authority and for such period as the Government may deem fit.

1. (1) In every case mentioned in section 23, the Government may, whether or not they have already taken action under that section, appoint as special officer, a person who is, or has been, or is qualified for appointment as, a District Judge and refer to such special officer the particulars of any neglect, excess or abuse referred to in that section and such special officer shall inquire in a summary manner and report to the Government, as to the truth of the particulars referred to him and, in case of any such neglect, excess or abuse being found by the special officer to have been established, the special officer shall recommend the remedies, if any, which are, in his opinion, necessary.
2. (2) The Government may direct the council to adopt the remedies so recommended within such time as, having regard to the report of the special officer, they may deem fit; and if the council fails to comply with any such direction, the Government may pass such orders or take such action as they deem necessary to give effect to the recommendations of the special officer.
3. (3) The special officer shall have power to administer oaths and to enforce the attendance of witnesses and the production of documents and shall have all such other necessary powers for the purpose of any inquiry conducted by him, as are exercised by a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908).

Notwithstanding anything contained in any other law for the time being in force-

1. (i) a certificate required by law to be given by a medical practitioner shall be valid if it is signed by any registered practitioner belonging to such class of registered practitioners as may be specified by the Government from time to time; and
2. (ii) the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word or expression importing reference to a person, recognized by law as a medical practitioner or as a member of the medical profession, shall, in any Provincial Act as defined in clause

1. (46) of section 3 of the General Clauses Act, 1897 (Central Act X of 1897), or in any State Act as defined in clause
2. (59) of the said section 3 or in any Central Act in its application to the State of Tamil Nadu in so far as any such Act relates to any of the matters specified in List II or List III the Seventh Schedule to the Constitution, be deemed to include a practitioner, registered or deemed to be registered under clause
   • (a) of sub-section
3. (1) of section 15.