THE  HOMOEOPATHY  CENTRAL  COUNCIL
(AMENDMENT)  BILL,  2002

a

BILL

further to amend the Homoeopathy Central Council Act, 1973.

Be it enacted by Parliament in the Fifty-third  Year of the Republic of India as follows:—

1. Short title and commencement.-(1) This Act may be called the Homoeopathy Central Council (Amendment) Act, 2002.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Chapter II-A.-After Chapter II of the Homoeopathy Central Council Act, 1973 (59 of 1973) (hereinafter referred to as the principal Act), the following Chapter  shall be inserted, namely:—

'CHAPTER II-A

12A. Permission for establikshment of new medical institution, new course of study, etc.-(1) Notwithstanding anything contained in this Act or any other law for the time being in force,—

(a) no person shall establish a Homoeopathic Medical College; or

(b) no Homoeopathic Medical College shall—

(i) open a new or higher course of study or training (including post-graduate course of study or training) which would enable students of each course or training to qualify himself for the award of any recognised medical qualification; or

(ii) increase its admission capacity in any course of study or training (including the post-graduate course of study or training),

except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

Explanation 1.—For the purposes of this section, “person” includes any University or a trust, but does not include the Central Government.

Explanation 2.—For the purposes of this section, “admission capacity”, in relation to any course of study or training (including post-graduate course of study or training) in a medical institution, means the maximum number of students as may be decided by the Central Council from time to time for being admitted to such course or training.

(2) (a) Every person or medical institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Central Council for its recommendations.

(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

(3) On receipt of a scheme from the Central Government under sub-section (2), the Central Council may obtain such other particulars as may be considered necessary by it from the person or the medical institution concerned, and thereafter, it may,—

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or medical institution concerned for making a written representation and it shall be open to such person or medical institution to rectify the defects, if any, specified by the Central Council;

(b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit it to the Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.

(4) The Central Government may, after considering the scheme and the recommendations of the Central Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or medical institution concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1) :

Provided that no scheme shall be disapproved by the Central Government except after giving the person or medical institution concerned a reasonable opportunity of being heard :

Provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2).

(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (2), no order is communicated by the Central Government to the person or medical institution submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.

(6) In computing the time-limit specified in sub-section (5), the time taken by the person or medical institution concerned in submitting the scheme, in furnishing any particulars called for by the Central Council, or by the Central Government, shall be excluded.

(7) The Central Council, while making its recommendations under clause (b) of sub-section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:—

(a) whether the proposed medical institution or the existing medical institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Central Council under section 20;

(b) whether the person seeking to establish a medical institution or the existing medical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;

(c) whether necessary facilities in respect of staff, equipment, accommo-dation, training, hospital and other facilities to ensure proper functioning of the medical institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;

(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specified in the scheme;

(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical institution or the course of study or training by the persons having the recognised medical qualifications;

(f) the requirement of manpower in the field of practice of homoeopathic medicine in the medical institution; and

(g) any other factors as may be prescribed.

(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or medical institution concerned.

12B. Non-recognition of medical qualifications in certain cases.-(1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such medical institution shall not be deemed to be a recognised medical qualification for the purposes of this Act.

(2) Where any medical institution opens a new or higher course of study or training (including a post-graduate course of study or training) without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such institution on the basis of such study or training shall not be deemed to be recognised medical qualification for the purposes of this Act.

(3) Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of this Act.'.

3. Insertion of new section 25A.-After section 25 of the principal Act, the following section shall be inserted, namely:—

“25A. Provisional registration for practice.-If the courses of study to be undergone for obtaining a recognised medical qualification in homoeopathy include a period of training after a person has passed the qualifying examination and before such qualification is conferred on him, any such person shall, on application made by him in this behalf, be granted provisional registration in a State Register of Homoeopathy by the Board concerned in order to enable him to practice homoeopathy in an approved institution for the purpose of such training and for no other purpose for the period aforesaid.”.

4. Amendment of section 33.-In section 33 of the principal Act, in sub-section (1), after clause (g), the following clauses shall be inserted, namely:—

“(ga) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of section 12A;

(gb) any other factor under clause (g) of sub-section (7) of section 12A;”.

 

 

 

 

ANNEXURE

Extract from the Homoeopathy Central Council  Act, 1973

(59 of 1973)

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33. (1) The Central Council may, with the previous sanction of the Central Government,  make, by notification in the Official Gazette,  regulations generally to carry out the purposes of this Act, and, without prejudice to the generality of this power, such regulations may provide for—

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STATEMENT OF OBJECTS AND REASONS

The Homoeopathy Central Council Act, 1973 (59 of 1973) was enacted, inter alia, for the constitution of the Central Council of Homoeopathy and to regulate the standards of medical education and practice in Homoeopathy.

2. With the increase in acceptance and popularity of the system, the demand for establishing new colleges grew, resulting in an increase in the number of doctors coming out from these colleges. Commercialisation of medical education gave incentive to opening more and more colleges. The societies, trusts and similar bodies started colleges after obtaining permission of State Governments  as well as affiliation from the Universities. This resulted in proliferation of colleges leading to fall in standards of education. Presently, there are about 166 teaching institutions with an annual admission capacity of about 9930 students. Out of these colleges, 133 are in the private sector. It has been observed that the Council has not been able to act judiciously to enforce the standards of education prescribed under the provisions of the aforesaid Act.

3. It has also been noticed that some State Governments give approvals for the opening of new Homoeopathy colleges on their own, without insisting on basic facilities for teaching and training.  Under the Act, there is no obligation on the colleges to seek approval of the Central Government for starting the course of study. The colleges can be started with the permission of the State Government and affiliation of the University without obtaining permission or recognition of the Central Government. There are instances when colleges being permitted in the first year were denied permission in subsequent years. The procedure adopted for increasing and decreasing seats has also been far from satisfactory. The Central Government is not in a position to take corrective steps as it has neither the power to intervene nor it can give any directions to the Council. Above all, there is no provision in the said Act making it obligatory on the colleges to seek approval of the Central Council of Homoeopathy for starting new courses of study in Homoeopathy.

4. These problems were considered by the Fifth Conference of the Central Council of Health and Family Welfare and the First Conference of the State Health Ministers on Indian System of Medicines and Homoeopathy (18-2-1997) and it was resolved to amend the Indian Medicine Central Council Act, 1970 (48 of 1970) and the Homoeopathy Central Council Act, 1973 so as to permit new colleges which complied with guidelines laid down in this regard. Therefore, it is proposed to amend the Homoeopathy Central Council Act, 1973 on the pattern of the amendments carried out in the Indian Medical Council Act, 1956 in 1993.

5. The Homoeopathy Central Council (Amendment) Bill, 2002 seeks to amend the Homoeopathy Central Council Act, 1973 with a view—

(a) to making provisions for obtaining prior approval for the Central Government for the establishment of a new college or for increasing the number of seats or for introducing a new or higher course of study;

(b) to  making a provision for provisional registration for the interns enrolled for house job or internship as a part of the course of study.

The proposed amendments would ensure that no sub-standard colleges come up in future and would enable the interns to undertake their training with proper legal sanction.

6. The Bill seeks to achieve the above objects.

 

 

 

  New Delhi;                                                                                                                                      C.  P. THAKUR.

The 2nd April, 2002.

 

 

 

 

 

MEMORANDUM  REGARDING  DELEGATED  LEGISLATION

Clause 2 of the Bill seeks to insert a  new section 12A. Clause (b) of sub-section (2) and clause (g) of sub-section (7) of new section 12A empower the Central Council to frame regulations for prescribing the form of the scheme; the particulars to be given  in such scheme; the manner in which the scheme shall be submitted to the Central Government; the fee payable with the scheme and other factors that may be considered by it in connection with framing of the said scheme.

2. The matters in respect of which the said regulations may be made are essentially matters of detail or procedure. The delegation of legislative power is, therefore, of a normal character.