DELHI HOMOEOPATHIC (AMENDMENT)
(Delhi, Act No. 11 of 1996)
An act further to amend the Delhi Homeopathic Act, 1956.Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-Seventh year of the Republic of India as follows:-
1. Short title and commencement –
(i) This Act may be called the Delhi Homeopathic (Amendment) Act, 1996.
(ii) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Amendment of section 2 – In section 2 of the Delhi Homeopathic Act, 1956 (hereinafter referred to as the principal Act), (Act No. 11 of 1956), in sub-section (1), for clause (f), the following shall be substituted, namely:-
“(f) ‘practitioner’ means a person who possesses the qualifications mentioned in the Schedule and is eligible to have his name entered in the register under section 24,”
3. Amendment of section 3 – In section 3, of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) The Board shall consist of nine members and shall be constituted in the following manner namely:-
(a) four members, who possess any of the qualifications mentioned in the Schedule to this Act and are elected by the registered practitioners from amongst themselves;
(b) two members who are registered practitioners and are nominated by the State Government;
(c) one member nominated by the State Government from amongst the Principals or other teaching faculty members of Homeopathy Medical Colleges in the National Capital Territory of Delhi;
(d) the Director or Additional Director, or any other officer as many be specified by the State Government dealing with the Indian System of Medicine, of the Government of National Capital Territory of Delhi, to be nominated by the State Government; and
(e) one Member of the Legislative Assembly of the national Capital Territory of Delhi to be nominated by the State Government.”
4. Amendment of section 9 – In section 9 of the principal Act, in sub-section (1), in clause (a), for the words three consecutive ordinary meetings’ the words “five consecutive ordinary meetings” shall be substituted.
5. Amendment of section 24 – In section 24 of the principal Act, after sub-section (4), the following new sub-section (5) shall be inserted, namely –
“(5) Any person who makes an application for entry of his name in the register under sub-section (1) shall be required to submit an affidavit to the effect that he has not applied for registration in any other State or Union Territory and that if his name was registered with any other State or Union Territory at any time, he shall also submit a certificate of cancellation issued by the Board or any other competent authority of that State or Union Territory, as the case may be, alongwith his affidavit.”
6. Insertion of new sections 37A and 37B – After section 37 of the principal Act, the following new sections 37A and 37B shall be inserted, namely –
“37A Only registered practitioner to practice – (1) No person other than a registered practitioner shall practice in the Homoeopathy System of Medicine in the National Capital Territory of Delhi.
(2) If any person whose name is not for the time being entered in the register, or falsely represents that it is so entered, he shall on conviction be punished with fine which may extend to one thousand rupees.
37B Display of registration certificate – (1) Every registered practitioner shall be given a certificate of registration in the prescribed form. The registered practitioner shall display the certificate of registration in a conspicuous part in the place of his practice and if he has more than one such place, in each such place.
(2) Whoever fails to comply with the provisions of sub section (2) shall be liable to be punished which may extend to one thousand rupees and in the case of continuing failure with an additional fine which may extend to one hundred rupees for every day after the first during which he has persisted in the failure.
7. Amendment of section 40 – In section 40 of the principal Act, for the abbreviations, figures, brackets, and words “Rs. 500 (five hundred)” and “Rs. 1000 (one thousand)”, the abbreviations, figures, brackets and words, “Rs. 5000 (rupees five thousand)” and “Rs. 10,000 (rupees ten thousand)” respectively shall be substituted.
8. Amendment to Schedule – For the Schedule to the principal Act, the following Schedule shall be substituted :-
(i) Homeopaths who have passed an examination from any Homoeopathic institutions in any State or Union Territory, provided that for the purposes of registration such an institution is recognized by the State Government.
(ii) Homeopaths who are holding recognized medical qualifications as per the provisions of the Homeopathy Central Council Act, 1973 (Central Act No. 59 of 1973).