Chapter VIII MISCELLANEOUS

1. (1) Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act be bound by such directions on questions of policy asthe Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section.
2. (2) The decision of the Central Government whether a question is one of policy or not shall be final.

The Central Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions.

1. (1) The Commission shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the Central Government as that Government may require.
2. (2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1).

Every University and medical institutions covered under this Act shall maintain a website at all times and display in its website all such information as may be required by the Commission or an Autonomous Board, as the case may be.

1. (1) Notwithstanding anything contained in this Act, any student who was studying for a degree or diploma in any medical institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree or diploma, and such institution shall continue to provide instructions and hold examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree or diploma under this Act.
2. (2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards as approved by the Commission till such time as all the candidates are able to complete their study in that institution.

The Chairperson, Members, officers and other employees of the Commission, President and Members of Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No suit, prosecution or other legal proceeding shall lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Registration Board or a State Medical Council, as the case may be.

1. (1) If, at any time, the Central Government is of opinion that--
   • (a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
   • (b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification in the Official Gazette,supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.
2. (2) Upon the publication of a notification under sub-section (1) superseding the Commission,--
   • (a) all the Members shall, as from the date of supersession, vacate their offices as such;
   • (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall, until the Commission is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
   • (c) all property owned or controlled by the Commission shall, until the Commission is reconstituted under sub-section (3), vest in the Central Government.
3. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may,--
   • (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or
   • (b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this subsection, take action under clause (b) of this sub-section.
4. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity.

1. (1) There shall be a joint sitting of the Commission, the National Commission for Indian System of Medicine and the National Medical Commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between Homoeopathy, Indian System of Medicine and modern system of medicine.
2. (2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of the Commissions concerned.
3. (3) The joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programmes that could be introduced in the undergraduate and postgraduate courses across medical systems, and promote medical pluralism.

Every State Government may, for the purposes of addressing or promoting public health, take necessary measures to enhance the capacity of the healthcare professionals.

1. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:--
   • (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council under clause (b) of sub-section (4) of section 4;
   • (b) the manner of appointing members under clause (c) of sub-section (4) of section 4;
   • (c) the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5;
   • (d) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members under sub-section (4) of section 6;
   • (e) the form and the manner of making declaration under sub-section (6) of section 6;
   • (f) the qualifications and experience to be possessed by Secretary under sub-section (2) of section 8;
   • (g) the salaries and allowances payable to, and other terms and conditions of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8;
   • (h) the other powers to be exercised and other functions to be performed by the Commission under clause (j) of sub-section (1) of section 10;
     • (i) the salary and allowances payable to, and other terms and conditions of service of, the President and Members of an Autonomous Board under sub-section (2) of section 21;
   • (j) the other factors under clause (d) of section 30;
   • (k) the manner of submitting list of practitioners under the first proviso to sub-section (1) of section 34;
   • (l) the form for preparing annualstatement of accounts undersub-section (1) of section 41;
   • (m) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 42;
   • (n) the form and the time for preparing annual report under sub-section (2) of section 42;
   • (o) the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 58;
   • (p) any other matter in respect of which provision is to be made by rules.

1. (1) The Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
   • (a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8;
   • (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8;
   • (c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9;
   • (d) the quality and standards to be maintained in education of Homoeopathy under clause (a) of sub-section (1) of section 10;
   • (e) themanner ofregulatingmedicalinstitutions,medicalresearches andmedical professionals under clause (b) of sub-section (1) of section 10;
   • (f) the manner of regulating functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10;
   • (g) the procedure to be followed at the meetings of the MedicalAdvisoryCouncil, including the quorum at its meetings under sub-section (3) of section 13;
   • (h) the other languages in which, the designated authority through which, and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14;
     • (i) the manner of conducting common counselling by the designated authority for admission to medical institutions under sub-section (3) of section 14;
   • (j) the other languages in which, the designated authority through which, and the manner in which, the National Exit Testshall be conducted under sub-section (2) of section 15;
   • (k) themannerinwhich a personwith foreign medical qualification shall qualify National Exit Test under sub-section (4) of section 15;
   • (l) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16;
   • (m) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16;
   • (n) the manner of conducting the National Teachers' Eligibility Test for Homoeopathy and the designated authority through whom such test shall be conducted under sub-section (2) of section 17;
   • (o) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 23;
   • (p) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) of section 24;
   • (q) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26;
   • (r) the manner ofsetting up of medical institutionsforimparting undergraduate, postgraduate and super-speciality courses in Homoeopathy under clause (c) of sub-section (1) of section 26;
   • (s) the minimum requirements and standards for conducting courses and examinationsin medical institutions under clause (d) of sub-section (1) ofsection 26;
   • (t) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Homoeopathy under clause (e) of sub-section (1) of section 26;
   • (u) the manner ofregulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27;
     • (v) the procedure for assessment and rating of the medical institutions under clause (a) of subsection (1) of section 28;
   • (w) the manner of carrying out inspections of medical institutionsfor assessing and rating under clause (c) of sub-section (1) of section 28;
     • (x) themanner of conducting, and themanner of empanelling independentrating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28;
   • (y) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28;
   • (z) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28;
   • (za) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2) of section 29;
   • (zb) the manner of preferring an appeal to the Commission for approval of the scheme under subsection (5) of section 29;
   • (zc) the areas in respect of which criteria may be relaxed under the proviso to section 30;
   • (zd) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Homoeopathy, under sub-section (2) of section 31;
   • (ze) the act of commission or omission which amountsto professional or ethical misconduct under clause (b) of the Explanation to section 31;
   • (zf) other particulars to be contained in a National Register under sub-section (1) of section 32;
   • (zg) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 32;
   • (zh) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 32;
   • (zi) the manner of entering the title, diploma or qualification in the State Register or the National Register under sub-section (3) of section 33;
   • (zj) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the second proviso to sub-section (1) of section 34;
   • (zk) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35;
   • (zl) the manner of examining the application for grant of recognition under sub-section (3) of section 35;
   • (zm) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35;
   • (zn) the manner of including a medical qualification in the list maintained by the Board under subsection (6) of section 35;
   • (zo) the manner in which the Homoeopathy Education Board shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (8) of section 35;
   • (zp) the manner in which the Commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36.

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation. 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 under that rule or regulation.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary, for the removing of the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, the Homoeopathy Central Council Act, 1973 (59 of 1973) shall stand repealed and the Central Council of Homoeopathy constituted under section 3 of the said Act shall stand dissolved.
2. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,--
   • (a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder; or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
   • (c) any penalty incurred in respect of any contravention under the Act so repealed; or
   • (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed.
3. (3) On the dissolution of the Central Council of Homoeopathy, the person appointed as the Chairman of that Council and every other person appointed as the Member and any officer and other employees of the Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of term of their office or of any contract of service: Provided that any officer or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy appointed on deputation basis to the Central Council of Homoeopathy, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the case may be: Provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy employed on regular basis or on contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of the Central Council and shall be entitled to such compensation for the premature termination of his employment, which shall not be lessthan three months pay and allowances, as may be prescribed.
4. (4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the Homoeopathy Central Council Act, 1973 (59 of 1973) which are in force as on the date of commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder. 1[(5) Notwithstanding the expiration of the period for reconstitution of the Central Council under section 3A of the Homoeopathy Central Council Act, 1973 (59 of 1973), as inserted by the Homoeopathy Central Council (Amendment) Act, 2018 (23 of 2018), all acts done by the Board of Governors constituted under sub-section (4) of that section and all the powers and functions of the Central Council exercised and performed by it under the repealed Act, as amended by the Homoeopathy Central Council (Amendment) Ordinance, 2021 (Ord. 6 of 2021), immediately before the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.]

1. (1) The Commission shall be the successor in interest to the Central Council of Homoeopathy including its subsidiaries or owned trusts and all the assets and liabilities of the Central Council of Homoeopathy shall be deemed to have been transferred to the Commission.
2. (2) Notwithstanding the repeal of the Homoeopathy Central Council Act 1973, the educational and medical standards, requirements and other provisions of the Homoeopathy Central Council Act, 1973 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the educational and medical standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this Act.
3. (3) The Central Government may take such measures, as may be necessary, for the smooth transition of the dissolved Central Council of Homoeopathy to the corresponding to new Commission under this Act.