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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the lBth May, 2018/Vaisakha 28, 1940 (Saka)
THE HOMOEOPAIHY CENTRAL COLTNCIL
(AMENDMENT) ORDINANCE, 2018
No. 4 or 2018
Promulgated by the President in the Sixty-ninth Year of the Republic of
India"
An Ordinance further to amend the Homoeopathy Central Council Act, 1973.
WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for him to take immediate action;
NoW THEREToRr, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :-
1. (1) This Ordinance may be called the Homoeopathy Central Council Short title and
commencement (Amendment) Ordinance, 2018.
410
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2. In the Homoeopathy Central Council Act,1973, (herein 59 of 1973.
Insertion of new sections 3A, 38 and
after referred to as the principal Act), after section 3, the following sections shall be inserted, namely:-
3C.
Power of
"3A. (1) On and from the date of commencement of the Homoeopathy Central Council (Amendment) Ordinance, 2018, the Central Council shall stand superseded and the President, Vice-President and other members of the Central Council shall vacate their offices and shall have no claim for any compensation, whatsoever.
Central Covernment to supersede the Central Council and to constitute a Board of
Covernors.
(2) The Central Council shall be reconstituted in accordance with the provisions of section 3 within a period of one year from the date of supersession of the Central Council under sub-section (/).
(3) Upon the supersession of the Central Council under sub-section (/) and until a new Council is constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall exercise the powers and perform the functions of the Central Council under this Act.
(a) The Central Government shall, by notification in the Official Gazette, constitute the Board of Governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of Homoeopathy and Homoeopathy education, and eminent administrators, and who may be either nominated members or members, ex fficio to be appointed by the Central Government, one of whom shall be selected by the Central Govemment as the Chairperson of the Board of Governors.
(5) The Chairperson and the other members, other than the mdmbers, ex fficio, shall be entitled to such sitting iee and travelling and other allowances as may be determined by the Central Govemment.
(O The Board of Governors shall meet at such time and such places and shall observe such rules ofprocedure in regard to the transaction of business at its meetings as is applicable to the Central Council..
(Z) Twothird of the members of the Board of
Governors shall constitute the quorum of its meetings.
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410 (l) (8) No act or proceedings of the Board of Governors
shall be invalid merely by reason of-
(o) any vacancy in, or any defect in the
constitution of, the Board of Governors';or
(6) any imegularity in the procedure of the Board
of Governors not affecting the merits of the case.
(9) A member having any financial or other interest in any matter coming before the Board of Governors for decision, shall disclose his interest in the matter befbre he may, if allowed by the Board of Govemors, participate in such proceedings.
(10) The Chairperson and other members of the Board of Governors shall hold office during the pleasure of the Central Government.
38. During the period when the Central Council Certain modifications of the Act. stands superseded, -
(a) the provisions of the Act shall be construed as if for the words "Central Council", the words "Board of Governors" were substituted;
(6) the Board of Governors shall exercise the powers and discharge the functions of the Central Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the modification that references therein to the Central Council shall be construed as references to the Board of Governors.
Power of
Central Govemment to give directions.
3C. (1) Without prejudice to the provisions of this Act, the Board of Governors or the Central Council after its reoonstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on question of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:
Provided that the Board of Governors or the Central Council, after its reconstitution shall, as far as practicable, be given an opportunity to express its view before any direction is given under this sub-section.
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(2) The decision of the Centrai Government whether a
question is a matter of policy or not shall be final.".
3. After section 128 of the principal Act, the following
Insertion of new section
section shall be inserted. namely:-
12C.
Time for
seeking permission for certain existing medical
colleges.
"12C. (1) lf any person has established a Homoeopathy Medical College or any Homoeopathy Medical College has opened a new or higher course of study or training or increased the admission capacity on or before the date of commencement of the Homoeopathy Central Council
(Amendment) Ordinance,2018, such person or Homoeopathy Medical College, as th'e case may be, shall seek, within a period of one year from the said commencement, permission of the CentralGovernment, in accordance with the provisions specified in the regulations made by the Central Council.
(2) If any p€rson or Homoeopathy Medical College, as the case may be, fails to seek permission under sub-section (1), the provisions of section l2B shall apply, as far as may be, as if the Central Govemment has been refused.".
RAM NATH KOVIND, President.
Additional
DR. REETA VASISHTA, Secretary to the Govt. of India.
_____,_-
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