18. Constitution of Autonomous Boards.—(1) The Central Government shall, by notification,
constitute the following Autonomous Boards, under the overall supervision of the Commission, to
perform the functions assigned to such Boards under this Act, namely:—
(a) the Homoeopathy Education Board;
(b) the Medical Assessment and Rating Board for Homoeopathy; and
(c) the Board of Ethics and Registration for Homoeopathy.
(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its
functions under this Act in accordance with the regulations made by the Commission.
19. Composition of Autonomous Boards.—(1) The composition of the Autonomous Boards shall be
as under, namely:––
(a) the Homoeopathy Education Board shall consist of a President and four Members from the
discipline of Homoeopathy;
(b) the Medical Assessment and Rating Board for Homoeopathy shall consist of a President from
the discipline of Homoeopathy and two Members, out of whom one Member shall be from the
discipline of Homoeopathy and the other Membershall be an acceditation expert;
(c) the Board of Ethics and Registration for Homoeopathy shall consist of a President from the
discipline of Homoeopathy and two Members, out of whom one Member shall be from the discipline
of Homoeopathy and the other Member shall be a person who has demonstrated public record of work
on medical ethics or chosen fromany ofthe disciplines of quality assurance, public health, law or patient
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advocacy.
(2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shall
be persons of outstanding ability, proven administrative capacity and integrity, possessing post-graduate
degree in respective disciplines from a recognised University and having experience of not less than
fifteen years in respective fields, out of which at least seven years shall be as a leader:
Provided that seven years as leader in the case of the President and Member from Homoeopathy shall
be in the area of health, growth and development of education in Homoeopathy.
20. Search Committee for appointment of President and Members.—The Central Government
shall appoint the President and Members of the Autonomous Boards on the basis of the
recommendations made in accordance with the procedure specified in section 5 by the Search Committee
constituted thereunder.
21. Term of office and conditions of service of President and Members.—(1) The President and
Members of each Autonomous Board shall hold the 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.
(2) The salary and allowances payable to, and other terms and conditions of service of the President and
Members of anAutonomous Board shall be such as may be prescribed.
(3) The provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6 relating to other
terms and conditions of service of, and in section 7 relating to removal from office, the Chairperson and
Members of the Commission shall also be applicable to the President and Members of the Autonomous
Boards.
22. Advisory committees of experts.—(1) Each Autonomous Board, except the Board of Ethics and
Registration for Homoeopathy,shall be assisted by such advisory committees of experts, as may be constituted
by the Commission, for the efficient discharge of the functions of such Boards under this Act.
(2) The Board of Ethics and Registration for Homoeopathy shall be assisted by such ethics committees
of experts, as may be constituted by the Commission, for the efficient discharge of the functions of that
Board under this Act.
23. Staff of Autonomous Boards.—The experts, professionals, officers and other employees appointed
under section 8 shall be made available to the Autonomous Boards in such number and in such manner, as
may be specified by regulations made by theCommission.
24. Meetings of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once a month
at such time and place as it may appoint.
(2) Subject to such regulations as may be made in this behalf, all decisions of the Autonomous Boards
shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of
the President and Members.
(3) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the
Commission againstsuch decision within thirty days of the communication of such decision.
25. Delegation of powers.—(1) The Commission may delegate all or any of its administrative and
financial powers to the President of each Autonomous Board to enable such Board to function smoothly
and efficiently.
(2) The President of an Autonomous Board may further delegate any of his powers to a Member or
officer of that Board.
26. Powers and functions of Homoeopathy Education Board.—(1) The Homoeopathy Education
Board shall perform the following functions, namely:––
(a) determine the standards of education at the undergraduate, post-graduate and super-speciality
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levels and oversee all aspects of relating thereto;
(b) develop a competency based dynamic curriculum for Homoeopathy at all levels in accordance
with the regulations made under this Act, in such manner that it develops appropriate skill, knowledge,
attitude, values and ethics among the post- graduate and super-speciality students and enables them to
provide healthcare, to impart medical education and to conduct medical research;
(c) frame guidelines on setting up of medical institutions for imparting undergraduate, postgraduate and super-speciality courses in Homoeopathy, having regard to the needs of the country, the
global norms and the regulations made under this Act;
(d) determine minimum requirements and standards for conducting of courses and examinations in
medical institutions, having regard to the needs of creativity at local levels and the regulations made
under this Act;
(e) determine standards and norms for infrastructure, faculty and quality of education and
research in medical institutions of Homoeopathy, in accordance with the regulations made under this
Act;
(f) specify norms for compulsory annual disclosure, electronically and otherwise, by medical
institutions of Homoeopathy in respect of their functions that has a bearing on the interest of various
stakeholders including students, faculty, the Commission and the Government;
(g) facilitate development and training of faculty Members;
(h) facilitate research programmes;
(i) grant recognition to medical qualifications of Homoeopathy at all levels.
(2) The Homoeopathy Education Board may, in the discharge of its functions, make such
recommendations to, and seek such directions from, the Commission, as it deems necessary.
27. Powers and functions of Board of Ethics and Registration for Homoeopathy.—(1) The Board
of Ethics and Registration for Homoeopathy shall perform the following functions, namely:—
(a) maintain a National Register of all licensed practitioners of Homoeopathy in accordance with
the provisions of section 32;
(b) regulate professional conduct and promote medical ethics in accordance with the regulations
made under this Act:
Provided that the Board of Ethics and Registration for Homoeopathy shall ensure compliance with
the code of professional and ethical conduct through the StateMedical Council, in a case where such State
Medical Council has been conferred power to take disciplinary actions in respect of professional or
ethical misconduct by medical practitioners under respective State Acts;
(c) develop mechanisms to have continuous interaction with State Medical Councils of
Homoeopathy to effectively promote and regulate the conduct of medical practitioners of
Homoeopathy;
(d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Council
under section 31.
(2) The Board of Ethics and Registration for Homoeopathy may, in the discharge of its functions, make
such recommendationsto, and seek such directionsfrom, the Commission, as it deems necessary.
28. Powers and functions of Medical Assessment and Rating Board for Homoeopathy.—(1) The
Medical Assessment and Rating Board for Homoeopathy shall perform the following functions, namely:–
(a) determine the process of assessment and rating of medical institutions on the basis of their
compliance with the standards laid down by the Homoeopathy Education Board, in accordance with
the regulations made under this Act;
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(b) grant permission for establishment of a new medical institution or to start any post-graduate
course or to increase number of seats, in accordance with the provisions of section 29;
(c) carry out inspections of medical institutions for assessing and rating such institutions in
accordance with the regulations made under this Act:
Provided that the Medical Assessment and Rating Board for Homoeopathy may, if it deems
necessary, hire and authorise any other third party agency or persons for carrying out inspections of
medical institutions for assessing and rating such institutions:
Provided further that where inspection of medical institutions is carried out by such third party
agency or persons authorised by the Medical Assessment and Rating Board for Homoeopathy, it shall
be obligatory on such institutions to provide access to such agency or person;
(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess
and rate all medical institutions, within such period of their opening, and every year thereafter, at such
time, and in such manner, as may be specified by regulations;
(e) make available on its website or in public domain, the assessment and ratings of medical
institutions at regular intervals, in accordance with the regulations made under this Act;
(f) take such measures, including issuing warning, imposition of monetary penalty, reducing
intake or stoppage of admissions and recommending to the Commission for withdrawal of
recognition, against a medical institution for its failure to maintain the minimum essential standards
specified by the Homoeopathy Education Board, in accordance with the regulations made under this
Act.
(2) The Medical Assessment and Rating Board for Homoeopathy may, in the discharge of its functions,
make such recommendations to, and seek such directions from, the Commission, as it deems necessary.
29. Permission for establishment of new medical institution.—(1) No person shall establish a new
medical institution or start any post-graduate course or increase number of seats without obtaining prior
permission of the Medical Assessment and Rating Board for Homoeopathy.
Explanation.––For the purpose of this sub-section, the term “person” includes any University or a
trust or any other body but does not include the Central Government.
(2) For the purpose of obtaining permission under sub-section (1), a person may submit a scheme to
the Medical Assessment and Rating Board for Homoeopathy in such form, containing such particulars,
accompanied by such fee, and in such manner, as may be specified by regulations.
(3) While considering the scheme received under sub-section (2), the Medical Assessment and
Rating Board for Homoeopathy shall have regard to the standards of education and research, the standards
and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other
requirements determined by the Homoeopathy Education Board, and pass an order either approving or
disapproving the scheme within three months from the date of receipt of such scheme:
Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be
given to the person concerned.
(4) Where a scheme is approved under sub-section (3), such approval shall be the permission under
sub-section (1) to establish a new medical institution.
(5) Where a scheme is disapproved under sub-section (3) or where no order is passed within three
months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the
Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in
such manner as may be specified by regulations.
(6) Where the Commission has disapproved the scheme or no order has been passed within fifteen
days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second
appeal to the Central Government within seven days of communication of such disapproval or, as the case
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may be, lapse of specified period of fifteen days.
(7) The Medical Assessment and Rating Board for Homoeopathy may conduct evaluation and
assessment of any University or medical institution at any time, either directly or through any other expert,
having integrity and experience in medical profession without any prior notice and assess and evaluate the
performance, standards and benchmarks of such University or medical institution.
30. Criteria for approving or disapproving scheme.—While approving or disapproving a scheme
under section 29, the Medical Assessment and Rating Board for Homoeopathy, or the Commission, as the
case may be, shall take into consideration the following criteria, namely:—
(a) adequacy of infrastructure and financial resources;
(b) whether adequate academic faculty, non-teaching staff and other necessary facilities have been
provided to ensure proper functioning of medical institution or would be provided within the timelimit specified in the scheme;
(c) whether adequate hospital facilities have been provided or would be provided within the timelimit specified in the scheme;
(d) such other factors as may be prescribed:
Provided that, subject to the previous approval of the Central Government, the criteria may be
relaxed for the medical institutions which are set up in such areas as may be specified by the
regulations.
31. State Medical Councils.—(1) The State Government shall, by notification, within three years of
the commencement of this Act, establish a State Medical Council for Homoeopathy in that State if no such
Council exists in that State.
(2) Where a StateAct confers power upon the State Medical Council to take disciplinary actions in respect
of any professional or ethical misconduct by a registered practitioner of Homoeopathy, the State Medical
Councilshall act in accordance with the regulations made, and the guidelines framed, under this Act:
Provided that till such time as a State Medical Council for Homoeopathy is established in a State, the
Board of Ethics and Registration for Homoeopathy shall receive the complaints and grievances relating to
any professional or ethical misconduct against a registered practitioner of Homoeopathy in that State in
accordance with such procedure as may be specified by regulations:
Provided further that the Board of Ethics and Registration for Homoeopathy or, as the case may be, the
State Medical Council shall give an opportunity of hearing to such practitioner before passing any order
or taking any action, including imposition of any monetary penalty, against such person.
(3) Apractitioner of Homoeopathy who is aggrieved by the order passed or the action taken by––
(a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics
and Registration for Homoeopathy and the decision, if any, of the Board of Ethics and Registration
for Homoeopathy thereupon shall be binding on such State Medical Council, unless a second appeal is
preferred under sub-section (4);
(b) the Board of Ethics and Registration for Homoeopathy under the first proviso to sub-section (2)
may prefer an appeal to the Commission.
(4) A medical practitioner of Homoeopathy who is aggrieved by the decision of the Board of Ethics
and Registration for Homoeopathy, may prefer an appeal to the Commission within sixty days of
communication of such decision.
Explanation.—For the purposes of this Act:—
(a) “State” includes Union territory and the expressions “State Government’’ and “State
Medical Council for Homoeopathy”, in relation to a Union territory, shall respectively mean the
“Central Government” and “Union Territory Medical Council for Homoeopathy”;
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(b) the expression “professional or ethical misconduct” includes any act of commission or
omission, as may be specified by regulations;
32. National Register and State Register of Homoeopathy.—(1) The Board of Ethics and
Registration for Homoeopathy shall maintain a National Register containing the name, address, all recognised
qualifications possessed by a licensed medical practitioner of Homoeopathy and such other particulars as
may be specified by regulations.
(2) The National Register shall be maintained in such form, including in electronic form and in such
manner as may be specified by regulations.
(3) The manner in which any name or qualification may be added to, or removed from, the National
Register and the groundsfor removal thereof,shall be such as may be specified by the regulations.
(4) The National Register shall be made available in the public by placing it on the website of the
Board of Ethics and Registration for Homoeopathy.
(5) Every State Medical Council shall maintain and regularly update the State Register in the specified
electronic format and supply a physical copy of the same to the Board of Ethics and Registration for
Homoeopathy within three months of the commencement of this Act.
(6) The Board of Ethics and Registration for Homoeopathy shall ensure electronic synchronisation of
the National Register and the State Register in such a manner that any change in one such register is
automatically reflected in the other register.
33. Rights of persons to be enrolled in National Register and their obligations thereto.—(1)
Any person who has a recognised medical qualification in Homoeopathy under this Act and qualifies the
National Exit Test held under section 15 shall have a licence to practice Homoeopathy and shall have his
name and qualifications enrolled in the National Register or a State Register, as the case may be:
Provided that a person who has been registered in theCentralRegister of Homoeopathy maintained under
the Homoeopathy Central Council Act, 1973 (59 of 1973) prior to the coming into force of this Act and
before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to
have been registered under this Act and be enrolled first in the State Register and subsequently in the
National Register maintained under this Act.
(2) No person who has obtained a qualification in Homoeopathy from a medical institution
established in any country outside India and is recognised as a medical practitioner of Homoeopathy in that
country, shall, after the commencement of this Act and the National Exit Test for Homoeopathy becomes
operational under sub-section (3) of section 15, be enrolled in the National Register for Homoeopathy,
unless he qualifiesthe National ExitTest for Homoeopathy.
(3) When a person whose name is entered in the State Register or the National Register, as the case may
be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised
qualification under section 34 or section 35, as the case may be, he shall be entitled to have such title,
diploma or qualification entered against his name in the State Register or the National Register, in such
manner as may be specified by regulations.
34. Rights of persons to practice.—(1) No person other than a person who is enrolled in the State
Register or the National Register, as the case may be,shall—
(a) be allowed to practice Homoeopathy as a qualified practitioner;
(b) hold office as a physician or a surgeon or any other office, by whatever name called, which is
meant to be held by a physician or surgeon, as the case maybe;
(c) 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) be entitled to give evidence at any inquest or in 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:
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Provided that the Commission shall submit a list of such practitioners to the Central Government in
such manner as may be prescribed:
Provided further that a foreign citizen who is enrolled in his country as a practitioner of Homoeopathy
in accordance with the law regulating the registration of such practitioners in that country may be permitted
temporary registration in India for such period and in such manner as may be specified by regulations.
(2) Any person who acts in contravention of the provisions of this section shall be punished with
imprisonment for a termwhich may extend to one year, or with fine which may extend to five lakh rupees, or
with both.
(3) Nothing contained in sub-section (2) shall affect,—
(a) the right of a person enrolled on a State Register as practitioner of Homoeopathy to practice
in any State merely on the ground that he does not possess, as on the date of commencement of this
Act, a recognised medical qualification in Homoeopathy;
(b) the right of a person who has been practicing Homoeopathy for not less than five years in a
State, to continue to practice in that State in which a State Register of Homoeopathy is not maintained
as on the date of commencement of this Act.