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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
(Amendment) Ordinance, 2018.
commencement
(2) It shall come into force at once"
410
udflqr, 6 rtq{d, frqi*' s nF 2or8
Insertion of
new sections
3A, 38 and
3C.
Power
of
Central
Covernment to
supersede the
Central
Council and to
constitute a
Board
of
Covernors.
2. In the Homoeopathy Central Council Act,1973, (herein 59 of 1973.
after referred to as the principal Act), after section 3, the
following sections shall be inserted, namely:-
"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superseded and the President, Vice-President and other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.
(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.
ederc rrqrd, ftqis s qT 2olt
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
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.
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.
Certain
modifications of
the Act.
Power
of
Central
Govemment to
give directions.
410 0)
effierrerqq-*, friis sqT 2ot8
Insertion of
new section
12C.
Time
for
seeking
permission for
certain existing
medical
colleges.
(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
section shall be inserted. namely:-
"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.".
Additional
RAM NATH KOVIND,
President.
DR. REETA VASISHTA,
Secretary to the Govt. of India.
_____,_-
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