Bare Acts

CHAPTER III RECOGNITION OF MEDICAL QUALIFICATIONS


13. Recognition of medical qualification granted by certain medical institutions in India.—(1)
The medical qualifications granted by any University, Board or other medical institution in India which
are included in the Second Schedule shall be recognised medical qualifications for the purposes of this
Act.
(2) Any University, Board or other medical institution in India which grants a medical qualification
not included in the Second Schedule may apply to the Central Government to have any such qualification
recognised, and the Central Government, after consulting the Central Council, may, by notification in the
Official Gazette, amend the Second Schedule so as to include such qualification therein, and any such
notification may also direct that an entry shall be made in the last column of the Second Schedule against
such medical qualification only when granted after a specified date.
14. Recognition of medical qualifications granted by medical institutions in States or countries
outside India.—(1) The medical qualifications granted by medical institutions outside India which are
included in the Third Schedule shall be recognised medical qualifications for the purposes of this Act.
(2) (a) The Central Council may enter into negotiations with the authority in any State or country
outside India, which by the law of such State or country is entrusted with the maintenance of a Register of
practitioners of Homoeopathy, for settling of a scheme of reciprocity for the recognition of medical
qualifications in Homoeopathy, and in pursuance of any such scheme, the Central Government may, by
notification in the Official Gazette, amend the Third Schedule so as to include therein any medical
qualification which the Central Council has decided should be recognised, and any such notification may
also direct that an entry shall be made in the last column of the Third Schedule against such medical
qualification declaring that it shall be a recognised medical qualification only when granted after a
specified date.
(b) Where the Council has refused to recommend any medical qualification which has been proposed
for recognition by any authority referred to in clause (a) and that authority applies to the Central
Government in this behalf, the Central Government, after considering such application and after obtaining
from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the
Official Gazette, declare that such qualification shall be a recognised medical qualification and the
provisions of clause (a) shall apply accordingly.
15. Rights of persons possessing qualifications included in Second or the Third Schedule to be
enrolled.—(1) Subject to the other provisions contained in this Act, any medical qualification included in
the Second or the Third Schedule shall be sufficient qualification for enrolment on any State Register of
Homoeopathy.
(2) No person, other than a practitioner of Homoeopathy who possesses a recognised medical
qualification and is enrolled on a State Register or the Central Register of Homoeopathy,—
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(a) shall hold office as Homoeopathic physician or any other office (by whatever designation
called) in Government or in any institution maintained by a local or other authority;
(b) shall practise Homoeopathy in any State;
(c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate
required by any law to be signed or authenticated by a duly qualified medical practitioner;
(d) shall be entitled to give any evidence at any inquest or any court of law as an expert under
section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Homoeopathy.
(3) Nothing contained in sub-section (2) shall affect—
(a) the right of a practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to
practise Homoeopathy in any State merely on the ground that, on the commencement of this Act, he
does not possess a recognised medical qualification;
(b) the privileges (including the right to practise Homoeopathy) conferred by or under any law
relating to registration of practitioners of Homoeopathy for the time being in force in any State, on a
practitioner of Homoeopathy enrolled on a State Register of Homoeopathy;
(c) the right of a person to practise Homoeopathy in a State in which, on the commencement of
this Act, a State Register of Homoeopathy is not maintained if, on such commencement, he has been
practising Homoeopathy for not less than five years;
(d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956)
[including the right to practise medicine as defined in clause (f) of section 2 of the said Act] or the
Indian Medicine Central Council Act, 1970 (48 of 1970) of persons possessing any qualifications
included in the respective Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand
rupees, or with both.
16. Power to require information as to courses of study and examinations.—Every University,
Board or medical institution in India which grants a recognised medical qualification shall furnish such
information as the Central Council may, from time to time, require as to the courses of study and
examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of
study and examinations are required to be undergone and such qualification is conferred and generally as
to the requisites for obtaining such qualification.
17. Inspectors at examinations.—(1) The Central Council shall appoint such number of medical
inspectors as it may deem requisite to inspect any medical college, hospital or other institution where
education in Homoeopathy is given, or to attend any examination held by any University, Board or
medical institution for the purpose of recommending to the Central Government recognition of medical
qualifications granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training or examination, but
shall report to the Central Council on the adequacy of the standards of education including staff,
equipment, accommodation, training and other facilities prescribed for giving education in Homoeopathy,
as the case may be, or on the sufficiency of every examination which they attend.
(3) The Central Council shall forward a copy of any such report to the University, Board or medical
institution concerned, and shall also forward a copy with the remarks of the University, Board or medical
institution thereon, to the Central Government.
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18. Visitors at examinations.—(1) The Central Council may appoint such number of visitors as it
may deem requisite to inspect any medical college, hospital or other institution where education in
Homoeopathy is given or to attend any examination for the purpose of granting recognised medical
qualification.
(2) Any person, whether he is a member of the Central Council or not, may be appointed as a visitor
under this section but a person who is appointed as an inspector under section 17 for any inspection or
examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to
the President of the Central Council on the adequacy of the standards of education including staff,
equipment, accommodation, training and other facilities prescribed for giving education in Homoeopathy
or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President of
the Central Council otherwise directs:
Provided that if the Central Government requires a copy of the report of a visitor, the Central Council
shall furnish the same.
19. Withdrawal of recognition.—(1) When upon report by the inspector or the visitor, it appears to
the Central Council—
(a) that the courses of study and examination to be undergone in, or the proficiency required from
candidates at any examination held by, any University, Board or medical institution, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and
training provided in such University, Board or medical institution or in any college or other institution
affiliated to the University,
do not conform to the standard prescribed by the Central Council, the Central Council shall make a
representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the Government of
the State in which the University, Board or medical institution is situated and the State Government shall
forward it along with such remarks as it may choose to make to the University, Board or medical
institution, with an intimation of the period within which the University, Board or medical institution may
submit its explanation to the State Government.
(3) On the receipt of the explanation, or, where no explanation is submitted within the period fixed,
then, on the expiry of that period, the State Government shall make its recommendations to the Central
Government.
(4) The Central Government, after making such further inquiry, if any, as it may think fit, may, by
notification in the Official Gazette, direct that an entry shall be made in the Second Schedule against the
said medical qualification declaring that it shall be a recognised medical qualification only when granted
before a specified date, or that the said medical qualification if granted to students of a specified college
or institution affiliated to any University shall be recognised medical qualification only when granted
before a specified date or, as the case may be, that the said medical qualification shall be recognised
medical qualification in relation to a specified college or institution affiliated to any University only when
granted after a specified date.
20. Minimum standards of education in Homoeopathy.—(1) The Central Council may prescribe
the minimum standards of education in Homoeopathy, required for granting recognised medical
qualifications by Universities, Boards or medical institutions in India.
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(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the
Central Council to all State Governments and the Central Council shall, before submitting the regulations
or any amendment thereof, as the case may be, to the Central Government for sanction, take into
consideration the comments of any State Government received within three months from the furnishing of
the copies as aforesaid.

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