Executive Summary:
The Homoeopathy Central Council Amendment Act, 2018, which received presidential assent on August 13, 2018, amends the Homoeopathy Central Council Act of 1973. It provides for the supersession of the Central Council, the constitution of a Board of Governors, and a one-year period for existing medical colleges to seek permission for courses or increased capacity. The Act is deemed to have come into force on May 18, 2018.
Key Points / Main Content:
Supersession of Central Council and Constitution of Board of Governors:
* The Central Council stands superseded from the commencement date of the Amendment Act, August 13, 2018.
* The President, Vice-President, and other members of the Central Council vacate their offices without compensation.
* A Board of Governors, consisting of not more than seven members, will be constituted by the Central Government via notification in the Official Gazette.
* The Board of Governors will exercise the powers and perform the functions of the Central Council until a new Council is constituted within one year.
* The Central Government can give written directions on policy matters to the Board of Governors or the reconstituted Central Council.
Modifications to the Act:
* During the period of supersession, references to "Central Council" in the Act will be construed as "Board of Governors."
Permission for Existing Medical Colleges:
* Homoeopathy Medical Colleges that established a college, opened a new course, or increased admission capacity on or before August 13, 2018, must seek permission from the Central Government within one year.
* Failure to seek permission will result in the application of section 12B, as if permission had been refused.
Repeal and Saving:
* The Homoeopathy Central Council Amendment Ordinance, 2018 is repealed.
* Actions taken under the principal Act, as amended by the Ordinance, are deemed to have been taken under the principal Act as amended by this Act.
Impact Analysis:
Central Council Members:
Impact: They vacate their offices without compensation.
Action Required: No action required.
Homoeopathy Medical Colleges:
Impact: Those that established a college, opened a new course, or increased admission capacity on or before August 13, 2018, are subject to new regulations.
Action Required: Seek permission from the Central Government within one year from August 13, 2018.
Central Government:
Impact: Responsible for constituting the Board of Governors and providing policy directions.
Action Required: Constitute the Board of Governors via notification in the Official Gazette.
Board of Governors:
Impact: Assume the powers and functions of the Central Council during the period of supersession.
Action Required: Exercise the powers and discharge the functions of the Central Council under this Act.
Key Entities Referenced
Homoeopathy Central Council Amendment Act, 2018: An Act further to amend the Homoeopathy Central Council Act, 1973.
Parliament: The legislative body that enacted the Homoeopathy Central Council Amendment Act, 2018.
Republic of India: Refers to the sixtyninth Year of the Republic of India.
Homoeopathy Central Council Act, 1973: The principal Act which is being amended by the Homoeopathy Central Council Amendment Act, 2018.
Central Council: The Homoeopathy Central Council, which is superseded and later reconstituted according to the act.
Central Government: The government body responsible for constituting the Board of Governors and giving directions on policy.
Board of Governors: A body constituted by the Central Government to exercise the powers and perform the functions of the Central Council during its supersession.
Homoeopathy Medical College: An educational institution requiring permission from the Central Government under certain conditions, according to the act.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th August, 2018/Shravana 22, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
13th August, 2018, and is hereby published for general information:—
THE HOMOEOPATHY CENTRAL COUNCIL
(AMENDMENT) ACT, 2018
NO. 23 OF 2018
[13th August, 2018.]
An Act further to amend the Homoeopathy Central Council Act, 1973.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Homoeopathy Central Council (Amendment) Short title
Act, 2018. and
commence-
(2) It shall be deemed to have come into force on the 18th day of May, 2018.
ment.
59 of 1973. 2. In the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the Insertion of
principal Act), after section 3, the following sections shall be inserted, namely:— new sections
3A, 3B and 3C.
‘3A. (1) On and from the date of commencement of the Homoeopathy Central Power of
Council (Amendment) Act, 2018, the Central Council shall stand superseded and Central
Government
the President, Vice-President and other members of the Central Council shall
to supersede
vacate their offices and shall have no claim for any compensation, whatsoever.
Central
Council and
(2)The Central Council shall be reconstituted in accordance with the
to constitute
provisions of section 3 within a period of one year from the date of supersession a Board of
of the Central Council under sub-section (1). Governors.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) Upon the supersession of the Central Council under sub-section (1)
and until a new Council is constituted in accordance with section 3, the Board of
Governors constituted under sub-section (4) shall exercise the powers and
perform the functions of the Central Council under this Act.
(4) The Central Government shall, by notification in the Official Gazette,
constitute a Board of Governors which shall consist of not more than seven
persons as its members, who shall be persons of eminence and of unimpeachable
integrity in the fields of Homoeopathy and Homoeopathy education, and eminent
administrators, and who may be either nominated member or members, ex officio,
to be appointed by the Central Government, one of whom shall be selected by
the Central Government as the Chairperson of the Board of Governors.
(5)The Chairperson and the other members, other than the members,
ex officio, shall be entitled to such sitting fee and travelling and other allowances
as may be determined by the Central Government.
(6) The Board of Governors shall meet at such time and such place and
shall observe such rules of procedure in regard to the transaction of business at
its meetings as is applicable to the Central Council.
(7) Two-third of the members of the Board of Governors shall constitute
the quorum of its meetings.
(8) No act or proceedings of the Board of Governors shall be invalid merely
by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board of
Governors; or
(b) any irregularity in the procedure of the Board of Governors not
affecting the merits of the case.
(9) A member having any financial or other interest in any matter coming
before the Board of Governors for decision, shall disclose his interest in the
matter before he may, if allowed by the Board of Governors, participate in such
proceedings.
(10) The Chairperson and other members of the Board of Governors shall
hold office during the pleasure of the Central Government.
Certain 3B. During the period when the Central Council stands superseded,—
modifications
(a) the provisions of the Act shall be construed as if for the words
of Act.
"Central Council", the words "Board of Governors" were substituted;
(b) the Board of Governors shall exercise the powers and discharge
the functions of the Central Council under this Act and for this purpose,
the provisions of this Act shall have effect subject to the modification that
references therein to the Central Council shall be construed as references
to the Board of Governors.
Power of 3C. (1) Without prejudice to the provisions of this Act, the Board of
Central Governors or the Central Council after its reconstitution shall, in exercise of its
Government
powers and in the performance of its functions under this Act, be bound by such
to give
directions on question of policy, other than those relating to technical and
directions.
administrative matters, as the Central Government may give in writing to it from
time to time:
Provided that the Board of Governors or the Central Council, after its
reconstitution shall, as far as practicable, be given an opportunity to express its
view before any direction is given under this sub-section.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(2) The decision of the Central Government whether a question is a matter
of policy or not shall be final.’.
3. After section 12B of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
12C.
"12C. (1) If any person has established a Homoeopathy Medical College or Time for
any Homoeopathy Medical College has opened a new or higher course of study seeking
or training or increased the admission capacity on or before the date of permission
for certain
commencement of the Homoeopathy Central Council (Amendment) Act, 2018,
existing
such person or Homoeopathy Medical College, as the case may be, shall seek, medical
within a period of one year from the said commencement, permission of the colleges.
Central Government, in accordance with the provisions specified in the
regulations made by the Central Council.
(2) If any person or Homoeopathy Medical College, as the case may be,
fails to seek permission under sub-section (1), the provisions of section 12B
shall apply, as far as may be, as if the Central Government has been refused.".
Ord. 4 of 4. (1) The Homoeopathy Central Council (Amendment) Ordinance, 2018 is hereby Repeal and
2018. repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been done
or taken under the principal Act as amended by this Act.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—1653GI(S3)—13-08-2018.