The National Commission for Homoeopathy Act, 2020.

THE NATIONAL COMMISSION FOR HOMOEOPATHY ACT, 2020

1. Short title, extent and commencement.

This Act may be called the National Commission for Homoeopathy Act, 2020. It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

1. Definitions.

In this Act, unless the context otherwise requires, (a) Autonomous Board means any of the Autonomous Boards constituted under section 18; (b) Board of Ethics and Registration for Homoeopathy means the Board constituted under section 18; (c) Chairperson means the Chairperson of the National Commission for Homoeopathy appointed under section 5; (d) Commission means the National Commission for Homoeopathy constituted under section 3; (e) Council means the Advisory Council for Homoeopathy constituted under section 11; (f) Homoeopathy means the Homoeopathic System of Medicine and includes the use of biochemic remedies supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare by notification from time to time; (g) Homoeopathy Education Board means the Board constituted for Homoeopathy education under section 18; (h) licence means a licence to practice Homoeopathy granted under sub-section (1) of section 33;

1. Constitution of National Commission for Homoeopathy.

The Central Government shall, by notification, constitute a Commission, to be known as the National Commission for Homoeopathy, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.

1. Composition of Commission.

The Commission shall consist of the following persons, namely: – (a) a Chairperson; (b) seven ex officio Members; and (c) nineteen part-time Members;

1. Search committee for appointment of Chairperson and Members.

The Central Government shall appoint the Chairperson referred to in section 4 and the President of the Autonomous Boards referred to in section 20 on the recommendation of a Search Committee consisting of: – (a) the Cabinet Secretary —Chairperson; (b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of Homoeopathy, to be nominated by the Central Government —Members; (c) one expert, from amongst the members as referred to in clause (c) of sub-section (4) of section 4, to be nominated by the Central Government in such manner as may be prescribed —Member;

1. Term of office and conditions of service of Chairperson and Members.

The Chairperson and Members (other than ex officio Members) and Members appointed under clause (a) of sub-section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment: Provided that such person shall cease to hold office after attaining the age of seventy years.

1. Removal of Chairperson and Members of Commission.

The Central Government may, by order, remove from office the Chairperson or any other Member, who– (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as the Chairperson or a Member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (f) has so abused his position as to render his continuance in office prejudicial to public interest.

1. Appointment of secretary experts, professionals officers and employees of Commission.

There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5.

1. Meeting of Commission.

The Commission shall meet at least once every quarter at such time and place as may be appointed by the Chairperson.

1. Power and functions of Commission.

The Commission shall perform the following functions, namely: – (a) lay down policies for maintaining a high quality and high standards in education of Homoeopathy and make necessary regulations in this behalf; (b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf; (c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements; (d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Homoeopathy;

1. Constitution and composition of Advisory council for Homoeopathy.

The Central Government shall, by notification, constitute an advisory body to be known as the Advisory Council for Homoeopathy.

1. Functions of Advisory Council for Homoeopathy.

The Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of the minimum standards in all matters relating to medical education, training, research and development.

1. Meetings of Advisory Council for Homoeopathy.

The Council shall meet at least twice in a year at such time and place as may be decided by the Chairperson.

1. National Eligibility cum-Entrance Test.

There shall be a uniform National Eligibility-cum-Entrance Test, for admission to the undergraduate in Homoeopathy in all medical institutions governed under this Act.

1. National Exit Test.

A common final year undergraduate medical examination, to be known as the National Exit Test, shall be held for granting licence to practice as medical practitioner of Homoeopathy and for enrolment in the State Register or National Register, as the case may be.

1. Constitution of Autonomous Boards.

The Central Government shall, by notification, constitute an Autonomous Board.

1. Composition of Autonomous Boards.

The Commission shall specify by regulations the composition of the Autonomous Boards.

1. Powers and functions of Homoeopathy Education Board.

The powers and functions of Homoeopathy Education Board shall be specified by regulations.

1. Powers and functions of Board of Ethics and Registration for Homoeopathy.

The powers and functions of Board of Ethics and Registration for Homoeopathy shall be specified by regulations.

1. Powers and functions of Medical Assessment and Rating Board for Homoeopathy.

The powers and functions of Medical Assessment and Rating Board for Homoeopathy shall be specified by regulations.

1. Permission for establishment of new medical institution.

The Commission shall grant permission for the establishment of a new medical institution.

1. Criteria for approving or disapproving scheme.

The Commission shall specify by regulations the criteria for approving or disapproving a scheme.

1. State Medical Councils.

The Commission shall specify by regulations the manner in which State Medical Councils shall be constituted and function.

1. National Register and State Register of Homoeopathy.

The Commission shall maintain a National Register and State Register of Homoeopathy.

1. Rights of persons to be enrolled in National Register and their obligations thereto.

The Commission shall specify by regulations the rights and obligations of persons who are registered in the National Register or State Register of Homoeopathy.

1. Recognition of qualifications granted by Universities or medical institutions in India.

The Commission shall recognize the qualifications granted by universities or medical institutions in India.

1. Recognition of qualifications granted by medical institutions outside India.

The Commission shall recognize the qualifications granted by medical institutions outside India.

1. Withdrawal of recognition or de-recognition of qualification.

The Commission shall specify by regulations the circumstances under which a qualification may be withdrawn or de-recognized.

1. Special provision in certain cases for recognition of qualifications.

The Commission shall specify by regulations special provisions to be made in certain cases for recognition of qualifications.

1. Grants b y Central Government.

The Central Government shall grant grants to support research and development in Homoeopathy.

1. National Commission Fund for Homoeopathy.

A National Commission Fund for Homoeopathy shall be established to support the functions of the Commission.

1. Audit and accounts.

The Commission shall maintain its own audit and accounts system.

1. Furnishing of returns and reports to Central Government.

The Commission shall furnish returns and reports to the Central Government on a regular basis.

1. Power of Central Government to give directions to Commission and Autonomous Boards.

The Central Government may issue directions to the Commission and Autonomous Boards.

1. Power of Central Government to give directions to State Governments.

The Central Government may issue directions to State Governments.

1. Information to be furnished by Commission and publication thereof.

The Commission shall furnish information to the public on a regular basis.

1. Obligation of Universities and medical institutions.

Universities and medical institutions shall comply with the regulations made under this Act.

1. Completion of courses of studies in medical institutions.

Medical institutions shall ensure that students complete their courses of study as per the regulations made under this Act.

1. Chairperson, Members, officers of Commission, Autonomous Boards to be public servants.

The Chairperson and Members, officers of the Commission and Autonomous Boards shall be deemed to be public servants.

1. Protection of action taken in good faith.

No person shall be liable for any action taken in good faith under this Act.

1. Cognizance of offences.

Offences under this Act shall be cognizable by a Magistrate.

1. Power of Central Government to supersede Commission.

The Central Government may supersede the Commission if necessary.

1. Joint sittings of Commission, National Commission for Indian Systems of Medicine and National Medical Commission.

A joint sitting of the Commission, National Commission for Indian Systems of Medicine and National Medical Commission may be convened.

1. State Government to promote public health.

State Governments shall take steps to promote public health.

1. Power to make rules.

The Central Government may make rules under this Act.

1. Power to make regulations.

The Commission may make regulations under this Act.

1. Rules and regulations to be laid before Parliament.

Any rules or regulations made under this Act shall be laid before Parliament for consideration.

1. Power to remove difficulties.

The Central Government may issue directions to remove difficulties under this Act.

1. Repeal and saving.

This Act shall repeal and save certain laws and provisions.

1. Transitory provisions.

Certain transitory provisions shall apply to this Act.