The following Bills were introduced in the Rajya Sabha on the 24th April, 2002: BILL NO. XXI OF 2002 A Bill further to amend the Homoeopathy Central Council Act, 1973. BE it enacted by Parliaments the Fifty-third year of the Republic of India as follows

REGISTERED NO. DL-33004/2002 The Gazette of India

EXTRAORDINARY

PART II — Section 2

PUBLISHED BY AUTHORITY

No. 151 NEW DELHI. WEDNESDAY. APRIL 24. 2002/VAISAKHA 4.1924

Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 24th April, 2002:—

BILL NO. XXI OF 2002

A Bill further to amend the Homoeopathy Central Council Act, 1973.

BE it enacted by Parliaments the Fifty-third year of the Republic of India as follows:—

1. (I) This Act may be called the Homoeopathy Central Council (Amendment) Act, 2002.

Short title and commencement (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. After Chapter II of the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the principal Act), the following Chapter shall be inserted, namely;—

59 of 1973.

'CHAPTER II-A - .

Insertion of new Chapter II-A.

12A. (1) Notwithstanding anything contained in this Act or any other law for the lime being in force,—

(a) no person shall establish a- Homoeopathic Medical College; or

(b) no Homoeopathic Medical College shall—

Permission for establishment of new medical institution, new course of study, etc.

(b) DO Homoeopathic Medical College shall—

(i) open a new or higher course of study or training (including post- . graduate course of study or training) which would enable students of each course or training to qualify himself for the award of any recognized medical qualification; or

(ti) increase its admission capacity in any course of study or training

(Including the post-graduate course of study or training),

except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

Explanation 1.— For the purposes of this section, "person" includes any University

or a trust, but does not include the Central Government.

Explanation 2.—For the purposes of this section, "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in a medical institution, means the maximum number or students as may be decided by the Central Council from time to time for being admitted to such course or training.

(2) (a) Every person or medical institution shall, for the purpose of obtaining permission under sub-section (1) submit to the Central Government a scheme in accordance with th" provisions of clause (h) and the Central Government shall refer the scheme to the Central Council for its recommendations.

(b) the scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

(3) On receipt of a scheme from the Central Government under sub-section (2)t the Central Council may obtain such other particulars as may be considered necessary by it from the person or the medical institution concerned, and thereafter, it may,—

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or medical institution concerned for making a written representation and it shall be open to such person or medical institution to rectify the defects, if any, specified by the Central Council;

(b) consider the scheme, having regard to the factors referred to in sub- section (7), and submit it 10 die Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.

(4) The Central Government may, after considering the scheme and the

recommendations of the Central Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or medical institution concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1):

Provided that no shceme shall be disapproved by the Central Government except

after giving the person or medical institution concerned a reasonable opportunity of

being heard:

Provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted tor the first time under sub-section (2).

(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (2), no order is communicated by the Central Government to the person or medical institution submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.

(6) In computing the time-limit specified in sub-section (5), the time taken by the person or medical institution concerned in submitting the scheme, in furnishing any particulars called for by the Central Council, or by the Central Government, shall be excluded.

(7) The Central Council, while making its recommendations under clause (b) of sub-section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:—

• (a) whether the proposed medical institution or the existing medical institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Central Council under section 20;

(b) whether the person seeking to establish a medical institution or the existing medical ii^titntion seeliing to epeu a new or bigliei course of study or training cr to increase its admission capacity has adequate financial resources;

(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital and other facilities to ensure proper functioning of the medical institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;

(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specified in the scheme;

(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical institution or the course of study or training by the persons having.the recognised medical qualifications;

0 the requirement of manpower in the field of practice of homoeopathic medicine in the medical institution; and

(g) any other factors as may be prescribed.

(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or medical institution concerned.

12B. (1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such medical institution shall not be deemed to be a recognised medical qualification for the purposes of this Act.

Non- rccognition of medical qualifications in certain oascB.

(2) Where any medical institution opens a new or higher course of study or training (including a post-graduate course of study or training) without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such institution on the basis of such study or training shall not be deemed to be recognised medical qualification for me purposes of this Act.

(3) Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of section 12A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of this Act.'.

3. After section 25 of the principal Act, the following section shall be inserted

namely:—

Insertion of new section 25A.

ProvUional registration for practice.

"25A. If the courses of study to be undergone for obtaining a recognised medical qualification in homoeopathy include a period of training after a person has passed the qualifying examination and before such qualification is conferred on him, any such person shall, on application made by him in this behalf, be granted provisional registration in a State Register of Homoeopathy by the Board concerned in order to enable him to practice homoeopadry in an approved institution for the purpose of such training and for nn other nurnose for the neriod aforesaid.".

4. In section '51 of the principal Act, in sub-section (I), after clause (g), the following

Amendment of necvoa 33. clauses shall be inserted, namely:—

"(!>a) the form of the scheme, the particulars to be given in such scheme, the

manner in which ttie scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of section 12A;

(gb) any other factor under clause (g) of sub-section (7) of section 12A;\SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY 5

STATEMENT OF OBJECTS AND REASONS

The Homoeopathy Central Council Act, 1973 (59 of 1973) was enacted, inter alia, for the constitution of the Central Council of Homoeopathy and to regulate the standards of medical education and practice in Homoeopathy.

2. With the increase in acceptance and popularity of the system, the demand for establishing new colleges grew, resulting in an increase in the number of doctors coming out from these colleges. Commercialisation of medical education gave incentive to opening more and more colleges. The societies, trusts and similar bodies started colleges after obtaining permission of State Government as well as affiliation from the Universtities. This resulted in proliferation of colleges leading to fall in standards of education. Presently, there are about 166 teaching institutions with an annual admission capacity of about 9930 students. Out of these colleges, 133 are in the private sector. It has been observed that the Council has not been able to act judiciously to enforce the standards of education prescribed under the provisions of the aforesaid Act.

3. It has also been noticed that some State Governments give approvals for the opening of new Homoeopathy colleges on their own, without insisting on basic facilities for teaching and training. Under die Act, there is no obligation on the colleges to seek approval of the Central Government for starting the course of study. The colleges can be started with the permission of die State Government and affiliation of the University wiiiiuuL ubiamuiK pciiiiisSiuii or LcCOgmUGn of thi; Central Govcniiiiciii.. Tlicic arc instances when colleges being permitted in flic first year were denied permission in subsequent'years. The procedure adopted for increasing and decreasing seats has also been far from satisfactory. The Central Govenmcnt is not in a position to take corrective steps as it has neither the power to intervene nor it can give any directions to the Council. Above all, there is no provision in the said Act making it obligatory on the colleges to seek approval of the Central Council of Homoeopathy for starting new courses of study in Homocopadiy.

4. These problems were considered by the Fifth Conference of the Central Council of Health and Family Welfare and the First Conference of the State Health Ministers on Indian System of Medicines and Homoeopathy (18-2-1997) and it was resolved to amend the Indian Medicine Central Council Act, 1970 (48 of 1970) and the Homoeopathy Central Council Act, 1973 so as to permit new colleges which complied widi guidelines laid down in this regard. Therefore, it is proposed to amend the Homoeopathy Central Council Act, 1973 on the patem of the amendments carried out in the Indian Medical Council Act, 1956 in 1993.

5. The Homoeopathy Central Council (Amendment) Bill, 2002 seeks to amend the Homoeopathy Central Council Act, 1973 with a view—

(b) to making a provision for provisional registration for the interns enrolled for house job or internship as a part of the course of study.

The proposed amendments would ensure that no sub-standard colleges come up in future and would enable the interns to undertake their training with proper legal sanction.

6. The Bill seeks to achieve die above objects.

C.P.THAKUR.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill seeks to insert a new section 12A. Clause (b) of sub-section (2) and clause (g) of sub-section (7) of new section 12A empower the Central Council to frame regulations for prescribing tbe form of the scheme; the particulars to be given in such scheme; the manner in which the scheme shall be submitted to the Central Government; the fee payable with tbe scheme and other factors that may be considered by it in connection with framing of the said scheme.

2. The matters in respect of which the said regulations may be made are essentially matters of detail or procedure. The delegation of legislative power is, therefore, of a normal character.

II

BILL No. XXV OF 2002

A Bill to repeal the Petroleum (Berar Extension) Act, 1937.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1. This Act may be called the Petroleum (Berar Extension) Repeal Act, 2002.

Short title.

2. The Petroleum (Berar Extension) Act, 1937, is hereby repealed.

Repeal of Act 23 of 19378 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I - S EC . 2]

STATEMENT OF OBJECTS AND REASONS

The Petroleum Act, 1934, when it was enacted, did not apply to Berar Province but it was subsequently made applicable to Berar by enacting the Petroleum (Berar Extension) Act, 1937. The Petroleum Act, 1934 was amended in 1950 to provide for its extension to the whole of India. After the said amendment, the Petroleum (Berar Extension)Act, 1937 became redundant.

2. The Commission on Review of Administrative Laws in its report, submitted to the Government in September, 1998, recommended, inter alia, repeal of the Petroleum (Berar Extension) Act, 1937. It is accordingly, proposed to repeal the said Act.

3. The Bill seeks to achieve the aforesaid object.

RAMNAIK.

R.C. TRIPATHI, Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OP PROCEDURE AND

CONDUCT OF BUSINESS IN THE RAJYA SABHA, 2 0 0 2.

MQIP(PLU)MRND—572GI—27.06.2002.