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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superseded and the President, Vice-President and other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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