35. Recognition of qualifications granted by Universities or medical institutions in India.—(1)
The medical qualifications in Homoeopathy at undergraduate or postgraduate or super-speciality level
granted by any University or medical institution in India shall be listed and maintained by the
Homoeopathy Education Board, in such manner as may be specified by regulations and such medical
qualification shall be a recognised qualification for the purposes of this Act.
(2) Any University or medical institution in India which grants an undergraduate or postgraduate or
super-speciality qualification in Homoeopathy not included in the list maintained by the Homoeopathy
Education Board, may apply to that Board for granting recognition to such qualification.
(3) The Homoeopathy Education Board shall examine the application for grant of recognition
within period of six mnths in such manner as may be specified by regulations.
(4) Where the Homoeopathy Education Board decides to grant recognition to the qualification in
Homoeopathy, it shall include such qualification in the list maintained by it and shall also specify therein
the date of effect of such recognition, otherwise it shall communicate its decision not to grant
recognition to the concerned University or medical institution.
(5) The aggrieved University or the medical institution may prefer an appeal to the Commission
within a period of sixty days from the date of communication of the decision of Homoeopathy Education
Board in such manner as may be specified by regulations.
(6) The Commission shall examine the appeal received under sub-section (5) within a period of two
months and if it decides that recognition may be granted to such medical qualification, it may direct the
concerned Board to include such qualification in the list maintained by that Board in such manner as
may be specified by regulations.
(7) Where the Commission decides not to grant recognition under sub-section (6) or fails to decide
within the specified period, the aggrieved University or medical institution concerned may prefer a
second appeal to the Central Government within a period of thirty days of the communication of such
decision or lapse ofspecified period, asthe case may be.
(8) All medical qualifications which have been recognised before the date of commencement of
this Act and are included in the Second Schedule to the Homoeopathy Central Council Act, 1973
(59 of 1973),shall also be listed and maintained by the Homoeopathy Education Board, in such manner as
may be specified by regulations.
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36. Recognition of medical qualifications granted by medical institutions outside India.—(1)
Where an authority in any country outside India which, by the law of that country, is entrusted with the
recognition of qualifications of Homoeopathy in that country, makes an application to the Commission
for granting recognition to such qualification in India, the Commission may,subject to such verification
asit deems necessary, either grant or refuse to grant recognition to that medical qualification.
(2) Where the Commission grants recognition to any medical qualification under sub-section (1),
such qualification shall be a recognised qualification for the purposes of this Act and shall be included
in the list maintained by the Commission in such manner as may be specified:
Provided that in case the Commission decides not to grant recognition to any qualification, the
Commission shall give a reasonable opportunity of being heard to such authority before refusing to
grant such recognition.
(3) Where the Commission refuses to grant recognition to a medical qualification undersub-section
(2), the authority concernedmay prefer an appeal to theCentral Government for grant of recognition.
(4) All qualifications which have been recognised before the date of commencement of this Act and
are included in the Third Schedule to the Homoeopathy Central Council, Act, 1973 (59 of 1973) shall
also be recognised medical qualifications for the purposes of this Act and shall be listed and maintained
by the Commission in such manner as may be specified by regulations.
37. Withdrawal of recognition or de-recognition of qualification.—(1) Where, upon a report
received from the Medical Assessment and Rating Board for Homoeopathy or otherwise, it appears to
the Commission that—
(a) the courses of study and examination to be undergone in, or the proficiency required from
candidates at any examination held by, a University or medical institution do not conform to the
standards specified by Homoeopathy Education Board; or
(b) the standards and norms for infrastructure, faculty and quality of education in medical
institutions as determined by the Homoeopathy Education Board are not adhered to by any
University or medical institution, and such University or medical institution hasfailed to take necessary
corrective actiontomaintainspecifiedminimum standards,
the Commission may initiate action in accordance with the provisions of sub-section (2):
Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognition
granted to the medical qualification awarded by a University or medical institution, impose penalty in
accordance with the provisions of clause (f) of sub-section (1) of section 28.
(2) The Commission shall, after making such further inquiry as it deems fit, and after holding
consultations with the State Government and the authority of the concerned University or medical
institution, comes to the conclusion that the recognition granted to a medical qualification ought to be
withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the
Homoeopathy Education Board to amend the entries against the University or medical institution
concerned in the list maintained by that Board to the effect that the recognition granted to such
qualification is withdrawn with effect from the date specified in that order.
(3) If the Commission, after verification with the authority in any country outside India, is of the
opinion that a recognised medical qualification which is included in the list maintained by it is to be derecognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by
the Commission with effect from the date of such order.
38. Special provision in certain cases for recognition of qualifications.—Where the Commission
deems it necessary so to do, it may, by notification, direct that any qualification in Homoeopathy granted by
a medical institution outside India, after such date, as may be specified in that notification, shall be
recognised qualification for the purposes of this Act:
Provided that medical practice by a person possessing such qualification shall be permitted only if
such person has been enrolled as a medical practitioner in accordance with the law regulating the
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registration of medical practitioner for the time being in force in that country:
Provided further that medical practice by a person possessing such qualification shall be limited to such
period as may be specified in thatorder:
Provided also that medical practice by a person possessing such qualification shall be permitted only if
such person qualifies National Exit Test.