Vous êtes sur la page 1sur 12

LatestLaws.

com

LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !


LaLas

LatestLaws.com
LatestLaws.com
LatestLaws.com
The Nagaland Homeopathic Medicine Act, 1996
(Act No. 4 of 1997)
[Received tlm assent of r11e Goverr~orof Nagaland on 1" April 1997
ilr file A1ngnland Gazette extra-ordinary
a t ~ dP~rblisi~ed
EJnted 16'" April 1997.1

An Act to provide for thedcvclopmcnt of the Homeopathic system


orlMedicine and its contl-ol by the S tnte Governmcn t of Nagaland.
Whereas i t is expedienl to pl-ovidc for the development of
I-IomcopathicSystem oPMedicine and irs conLrol by !he Slatc Governmenr;
It is hereby enacted in the Forty Seventh ycar of the Republic of
India as Pollows :

1. Short title, extent and con~rncnccmcnt:-


(i) T11isAct may bc culled the Nagilland
Homeoparhic Medicine ACL,1997.

(ii) it extends to thc whole of the State of Nagnland.

(iii) It shall come into force on such date as the Srare Govl. miiy, by
norification in the Nagaland Gazcttc, appoint.

2. Definition :-
In this Acr, unless [hereis anything repugnant in the subject or
conlext: -

(a) "Board" means the Board of Homeopathic Sys~emof Medicine


constituted undcr scctions 3 and4 of [his Acl;

(b) "Chairman" means the Chairman of the Board;


(c) "FIomeopathic" means the system of medicinc foundcd by Dr.
Hahncmann and the expression "Homeopathic" shi~llbe
construed accordingly;
LatestLaws.com

(d) "Mcmber" means a member oC the Board;

(e) "Prescribed" means prcscrjbcd by iules fi-amed under [his Act:

(f) "Registcrcd Homeopathic" means a pcrson who prac~icesthe


Homeopathic System of Mcdicinc as his p~incipaloccupa~ion
and who is registered undcr the pi-ovisionsoTLhe Act;

) "Registrar" means the Registrar appointed undcr this Act;

(h) Registet-" means the regisler or Homeopathic mcdical


practitioners.

3. Constitution of ihe first and subsequent Board :-


(I) The Statc Govt, may, as soon ;IS may be, by Notification in ~ h e
official Gaielte constitute a Board, ro be called "The Board of
Homeopathic System of Medicine,Nagaland". Thc Board shall
be a body corporate and have perpe~ualsuccession and scnl
and may by the said namc sue and be sued.
(2) Thc Board shall consist of 11 Members including the Chairman
and shall bcconstituted in the following manner, viz,

(a) four Homeopaths LO be elecled by the Regiskcred


Homeoparhs of the Statc;
(b) threcMembersoftheStateLegislativeAssemblytobe
nominated by [heStare Govt.
(c) Lwo Members of the Registered Medical practitioners of
the State to be nominated by the State Government;

(d) one Member from the public having interest jn


Homeopathic lo be nominated by the Govl;
(e) [he Director of HeaIth Services; Provjded that for the
first Board all the non-official mernbcrs shall bc nominated
by thc State Govt. The Director of Health Sel-vices,
Nagaland shall tK Ex-OPficio Chainnan of the Board.
LatestLaws.com
(3) TheFirst Boardshall beconstituted within six months from the
date thc Act comes into force and the name of the mernbcrs
sllzlll be published in the official Gazette and such Board shall
function for ;I period of lhree years.

4. Formation and life of subsequent Board :-

(1) Each subsequent Board shall function for


a pcriod of three years from the date of the first meeting of the .
Board constituted as under sub-section (2) of section 3 and the ,

manncl-of eleclion and nominahon of the members of the Board


shall bc such as may be prescribed.

(3) The period of three years referred to i n Sub-section (3) of


Section 3 and sub-section 1 of this section shall include and
shall be deemed always to have included any period which may
elapse betwcen the expiry of the said three years and tl-c date
of the first meeting of the subsequentBoard; Provided that such
subscqucnt Board shall sit wilhin fony five days from the day of
its constitution.

(3) The State Govt, may, by notificarion, for suilicienl cause lo be


slated [herein, direct, from timc to time, that the term of the
Board be cxtcndcd by such period not exceedingone year at a
time as may be specifled in the notification: Provided lhat the
totill period of such extension shalI not exceed two years.

5. Conlpulsory Registration :-

Within one year from [he date of the Gazette notification of the
constitution of rhe Board a person praclicing Homeopalhlc shall
report his name, address and qualification to the Chairman of
he Board for the purposc of rcgistcri ng his or her name in the
manner provided hercnfter.
LatestLaws.com
6. Maintenance of the Register :-
( I ) The first Board shall as soon as conveniently ai'teinits
constitution and not later than two years from the enfo~.cemenr
ofthis Act, make ordcrs regulating thc maintcnanceof a Register
of Homeopaths.
( 2 ) After the compleuonof rhe Register he names of the Homeopath
eligible for practice in Homeopathy shall bc published in the
oficial Gazette. .
(3) The Register shall be kept in such form a s may be prescribed.

7. Appointment of the Registrar and Staff :-


The first Board shall with thc prcvious approval of the Govl.
appoint a senior most Homeopathic Mcdicrrl OFficcr as a
Registrar who shall be the Secretary to the Board and also
appojnt the Staff necessary for carryi ng out the purposes or rhe
ACI.

Theduties, salary and allowances and such other mattel-rel;)tiog


to theRegistrar and the Staff shall bc such as may beprescrikd.

9. Two categories of Homeopaths :-


There shall be rwo cIasses of Registered Homeopaths, viz.
Class 'A' and Class '13'
Class 'A'
(i) "One who is a ~gisteredMedica1pmctitioneihunder m y statutory
Acr of Parliament or Legislature of any State in the country,
pricticing exclusivcl y Homcopathy;
(ii) One who is a Homeopathic Medical pnctitioner holding dcgrcc
from a foreign country which enli tles him to prilcticc medicinc
in his country subject to the condition that the institulion is
approved as suitable for the purpose by the Board of
Homeoparhic Medicine;
LatestLaws.com

(iii) One who is ;I Homeopathic Medical Pructi tioner who has


successfully gone lhrough at least five ycors course in any
Homeopathy Inslilulion inecognisedby rhe State in which the
institution is situated and holding a dcgree or diploma from the
Institution, subject to the condition that the standard of
qruilificalion is nor lower lhan [he srand;ud that would be required
for registination by the Nilgaland Homeopathic Board.
Class 'B'
One who has been engaged in the practice of Homeopathic
systcm of Medicine as the principal occupation for a period of
nor less f~veyem-s i mrncdiatel y bcfore the date o i thecorning
into force of [his Act: Providcd that ~ hperson
c shall have passed
an exanlinntion robe held by theBonrd in the manner provided
by regulation upon an application for registration of his name to
bc made within a period of two yeainsfrom the date this Acl
comes inro iorce.

10. Fees for Registered Homeopaths :-

( I) If it vppeirrs to the Board that a pcrson i s qualified to I ~ i ~ his


ve
name entered in the Registel- as a Class 'A'"Registered
Homeopath" his name shall be entered on pay rncnt of a sum of
Rs. 1001- (Rupees one hundred) only as first annuaI fees; and if
he is qualified to have his namc cntered in the Register as a
Class 'B' "Regislered Homeopath" his name shall be so entercd
on paymcnt of Rs. 1001- (Rupees One hundrcd) only as first
annual fees. On payment of the firs1 annual fees the "Rcgisrered
Homeopath" shall reccivc licence to praclice Homeopathy in
the Srate of Nagaland.
(2) The subsequent renewal fccs for a "Registered Homeopath"
shall be Rs. 501- (fifty) only for bolh classes of Homcopaths
respectively.
(3) The merhod and time of depositing License fees by the
"Registered Hamcopaths" and the contents and the fonn of thc
Licencc to practice shall be as may be pinescribcd.
LatestLaws.com
11. Bar to Practice :-
After [he pub1ication of thc namcs of Homeopathic undcr Scctiorl
6 of the Act and after suih time as the Stiitc Govcmmcnt shall,
by notific~lrionin the Official Gazette, notify that no pcmon olhcr-
than a "Registered Homeopath" holding n licence to p~;lc~ice :IS
herein before provided, shall prac~icethe I-Iorneupall~icSystern
of Medicines.
12. Penalty For Practice of I-Iontco1)athyby unauthorized person :-
Any person, \vho acts in conl~.it\lentionof Scction I 1 shall an
convicrion be piinish;tble will1 line which nwy cxtcnd to 10001-
(Rupees One thousiind) only fo1.1hefirst offencc and upto Rs.
30001- (Rupees three thousnnd) only for evcry subscqucn t
offence.
13. Conferring and granting or issuing Diploma Licence etc.
by unauthorized person or institution ant1 penalty thereof :-

(I) No person other than associalion orLinstilutionrecognized 01-


aulhoEzcd by thc Baal-d undcr this Act shnll confe~el;gr;inloih
issue any degree, licence, certi licnte or-other document stating
thar the holder, gu~anreeor ~~ecipient is qunli lied to pl-acticc thc
Homeopathjc Syslem of Medicine.
(2) Whoever contravenes the provision o l this scction shuil bc
punishablc with fine which may extend LO Rs. 10001- (Rupccs
One lhousand) only.
14. Penalty for false assumption of degree,
Diplonia or certificates :-
Whoever voluntarily and falsely ifisumcs or uscs any title against
his name that he hold n degree, diploma, licence or ceni Ficatc
conferred, granted or issued by any ussociiition or institution
recognized or aulhorized by the Boai-dunder this Act ol-that hc
is qualified lo practice the Homeopathic Systcrn of Mcdicinc
under the provisions of this Act, shall bc punishablc with fine
which may cxtcnd to Rs. 30001- (Rupecs two lhousund )only
for the fjrst offence.
LatestLaws.com
15. Control oTmanuTacture,storage and saIe of
Homeopathic Drugs :-
Subject to the provisions of any Iaw for the time being in force
rcl;it ing to drugs and poisons the Statc Govt. shall have the power
to regulate and control the manufacture, storage or sale of
Homeopathic drugs and medicines by the grant of licences to
manufacturers,stockists and sellers, on such conditions and on
pnyrncnr of such fees as may be prescribed.

16. Honieopathic Fund :-


There shall be afund raised for [he Board and account shall be
maintai ncd by the Board by the following methods :-

(a) Grants and loans i f any received from the State Government;

(b) all fecs rcceived by the Board on account of registralion of


Homeopaths admission to the Board'sexamination and licensing
of firms for sale of drugs under the Acr;

(c) contribution of any received from any local authority or any


HomeopathicMedical Association; and

(d) all sums received by or on behalf of the Board from sources


other than those mentioned in the fo~goingClauses.

17. (1) The Stale Govt may at its discation place a lump sum allotment
at the disposal of the B o d every year for distribution according
ro rules of the Homeopathic Dispcnsuries and educational
institutions in Nagaland and other sui table purposes connecred
with the aims and objects of the Act.

(3) The Board shall administer, subject toconditions, any fund pIaced
a1 its disposal by rhe Statc Govt for specific purposes.

(3) The fund for the Board shall be deposited in a bank with rhe
previous sanction of the State Government.
LatestLaws.com

18. Appeal ofstate Govt from decision of Board :-

(1) An appeal shall lie to the-StateGovt From every decision of the


Boird under this Act.

(2) Every appeal under sub-section (1) shall be preferred within


thirty days of the date of such decision.

19. Bar to suit other legal proceedings :-

(1) No suit or other legaI proceedings shall be against the Statc


Govt in respect of an Act done in exercise of thc powcrs
conferred by this Act.

(2) No suit or other legal proceedings shall lie maintainable against


the Board or any member or any officer or servant OF the Board
or of the Chairman or of any officer or servant of thc Bonrdi n
respect of any thing done under this Act, lawrulIy and in good
faith and wirh reasonable care and attention. -

20. Control of Board by State Govt :-

If at any lime it shaIl appear to the State G o v ~that the Board


has failed to exercise or has exceedcd or abused a powcr
conferred upon it by orunder~hisAct, thc State Govt may, if it
considers such failures, excess or abuse to be of serious
character, notify the particulars thereof to thc Board; and if the
Board fails to remedy such default,excess or abuse within such
time as may be fixed by the State Govt in this behalf, the State
Govt may dissol vc the Board and cause all or any of the power
and dutics of the Board to bc exercised and performed by such
agency and for such period as it may think fit: Provided [hat i r
shall take steps within six months to constitute a new Board
under the provisions of this Act.
LatestLaws.com

21. Court Competent to try offence under this Act and


take cognizance of offences :-
(1) No Court other than [he Court of a Magistrate of the First
Class shall takc cognizance of or try an offence under this Act.
(2) No Court shall lake cognizance of any under [his Act except on
complaint in writing of an officer not below the rank of a Sub-
Inspector of Police.

22. Delegation Powers :-


The State Govt or the Board may delegate such o i i ts powers
and to such authority as the Slate Govt or theBoard the case
may be deem nccessary.

23. Making oTRegulations :-


Subject to the provisions of this Act and to the Rules framed by
the Stzltc Govt., the Board may frdme regulations for regulating
the following mutters, viz:-
I.. (a) conditionsonwhicheducationd~rinstructiond.hstitutions
may be affilialedto or recognized by the Board;
(b) theadmission of students to such ducationd or instructiond
institubons;
(c) the conditions under which studcnts shall be admi ttcd to
the examination oft he Board for the purpose of degrees,
diplomas &certificate;

(d) the number of qualifications and emoluments of teachers


of the educational or instructional institutionsaffiliated to
the Board;

(e) h e fees 10 kcharged forcourseofstudy in such insritutions


and for admission to the examinat ions, degrees, diploma
and certificates of the Board;
(9 the conditions and modes of appointments and duties of
examiners and h e conduct of exarninarions.
LatestLaws.com

2. (a) The lime and place at wliict~[he rnecling shall be hold

(b) the issue of nolices concetning such meetings;

(c) the conduct of business;

(d) [he salary zlIlowances and othcr condi tions of service of


oFficersand servants of the Board other than thc Regisr~ar;

(e) rll other matters which may be necessay Tor the purposc
of carrying out the objects of this Act.

3. All a ~ c rcguladons
h shall be published in theofficial Gazelle.

4. The State Govt may, by notification in h e official Gazette, conccl


or modi fy any regulation.

24. Power to make rules :-

(I) The State Govt may, horn lime to time, m i l k ~ruks consisLen1
with this Act Forcarrying out the purpose of this Act.

(2 In particular, and without prejudice to the generality of thc


foregoing powcr, the State Govt may make rules for any of thc
following matters:-

(a) Thc time at which and the place and manner in which
election shall be heldmd nomination made under this Act;

(b) Regulationof elections under this Act;

(c) the conduct of the maintenance of correct minutes of


meeting of the Board;

(d) the manner in which vacancies of the OfTice Bearers and


Membcrs of the Board shall be filled;

(e) the privileges, salary and a l l allowances and other


conditions of service of the Registnr;
(23)
LatestLaws.com

the accounts shall beaudited and published and the power


of zluditors in respect of disallowance and surcharge;
the dale before which a meeting shall be for the sanction
of the budget;

the method and forms to be adopted in the preparation of


the budget;

the returns, stalemenrs and reports to be submitted by the


Board;

the form of Registrar of Homeopaths to be maintained


under this ACL;

the manner in which appeals against the decision of the


Board shall be heard;

allowances if any payable to Members of the Board and


its Chairman;

remuneration to be paid to the Chairman;

in furtherance of any objects of the Board as a teaching


or examining body;

maintenance of a patient register by practitioners in the


prescribed form;

delegation of Power by the Stale Government and by the


Board; and

in furtherance of any other objects of this Act.