THE RAJASTHAN HOMOEOPATHIC MEDICINE ACT, 1969
[Act 1 of 1970]
[Received the assent of the President on the 26th day of December, 1969]

CHAPTER I
Preliminary

Section

Existing Provisions

Section 1

Short title, extent and commencement

Section (1) 1

This Act may be called the Rajasthan Homoeopathic Medicine Act, 1969.

Section (1) 2

It extends to the whole of the State of Rajasthan.

Section (1) 3

It shall come into force on such date as the State Government may by Notification in the Official Gazette, appoint.

Section 2

Definitions :
In this Act, unless the context otherwise requires:-

Section 2 (a)

“Board” means the Board of Homoeopathic Medicine for Rajasthan established and constituted under the provisions of this Act;

Section 2 (b)

“Chairman” means the Chairman of the Board;

Section 2 (c)

“Homoeopathy” means the system of medicine founded by Dr. Hahnnemann and includes the allied system of Bio-chemistry founded by Dr. Schussler and the expression “Homoeopathic” shall be construed  accordingly

Section 2 (d)

“Member” means a member of the Board and includes the Chairman and Vice Chairman thereof;

Section 2 (e)

‘Practitioner’ means a person who practices the Homoeopathic system of Medicine;

Section 2 (ee)

“Recognised Medical Qualification” means any of the qualifications in Homoeopathy included in the Second or Third Schedule of the Homoeopathy Central Council Act, 1973.

Section 2 (f)

“Register” means the register of Homoeopaths maintained under section 29;

Section 2 (g)

“Registered Homoeopath” means a homoeopathic practitioner registered under the provisions of this Act

Section 2 (h)

“Registrar” means the Registrar appointed under this Act;

Section 2 (i)

“Vice-Chairman” means the Vice-Chairman of the Board.

Section 3

Establishment of Board :

Section 3 (1)

The State Government shall by notification in the Official Gazette, establish, in the manner provided hereafter, a Board to be called the Rajasthan Board of Homoeopathic Medicine, for the purpose of carrying out the provisions of this Act.

Section 3 (2)

The Board so established shall be a body corporate having a perpetual succession and a common seal and may sue or be sued in its corporate name.

Section  4

‘Constitution of the Board :

Section 4(1)

The Board shall consist of the following members, namely :

Section4(1)(a)

Four persons to be nominated by the State Government out of whom at least two shall be registered Homoeopaths, one of them possessing recognized medical qualifications.

Section 4(1) (b)

One person possessing recognized medicalqualification to be elected by the registered teachers of the recognized  Homoeopathic Institutions in State of        Rajasthan.

Section 4(1)(c)

Six persons to be elected by the registered Homoeopaths of the State from amongst themselves, out of  whom two shall be persons possessing recognized medical qualification

Section 4(2)

Elections under clauses (b) and (c) of sub-section 4(1) shall be held in the prescribed manner

Section 5

Chairman and Vice-Chairman
The Chairman of the Board shall be nominated by the State Government from amongst the members of the Board and the Vice-Chairman shall be elected in the prescribed manner by such members from amongst themselves. The Chairman shall also be entitled to vote at the election of the Vice-Chairman;
[Provided that if the Chairman of the Board nominated by the State Government is not a registered Homoeopath having a recognized medical qualification, the Vice-Chairman shall be elected from those members of the Board, who are registered Homoeopaths and possess recognized medical qualifications..

Section 6

Term of office of members :-

Section 6(1)

The term of office of a member of the Board shall be three years from the date on which the first meeting of the Board is held after election under section 4;
Provided that the State Government may from time to time extend such term to any further period not exceeding in the aggregate one year.

Section 6(1-a)

Notwithstanding anything contained in any other provision of this Act the State Government. If it thinks fit in public interest so to do, may, at any time by a notification in the Official Gazette terminate the normal or extended term of office of any member of the Board and may by a similar notification reconstitute the Board at any time and the Board so reconstituted shall be deemed to be a Board constituted under section 4 of this Act.
Provided that pending such reconstitution, the State Government may appoint an Administrator who shall exercise all the powers and perform all the functions of the Board under this Act.
Provided further that the Administrator so appointed shall not continue for a period of more than six months from the date of his appointment.

Section 6(2)

An out-going Chairman, Vice-Chairman or member, if otherwise qualified, shall be eligible of re-election or re-nomination as the case may be.

Section 7

First Board to be nominated by the Government Notwithstanding anything contained in section 4 and section 5, members of the first Board (including the Chairman and Vice-Chairman constituted after the commencement of this Act shall be nominated by the State Government and shall hold office for a period of three years from its constitution :
Provided that the State Government may from time to time extend the term of office of the Board to any further period not exceeding in aggregate one year.

Section 7 (a)

Appointment of Administrator – Where the normal or the extended term of the Board has expired and the new Board has not been constituted in accordance with the provisions of section 4, the State Government may, at any time, by notification in the Official Gazette, appoint an Administrator for a term not exceeding one year to exercise all the powers and perform all the functions and duties of the Board :
[Provided that the State Government may, from time to time, whether by prospective or a retrospective order extend the term of the Administrator so appointed subject, however, to the condition that the total term of the Administrator shall not exceed in aggregate a period of four years.

Section 8

Resignation of Office :

Section 8 (1)

Any member other than the Chairman or Vice-Chairman may at any time resign his office by a letter addressed to the Chairman and such resignation shall take effect after the expiry of fifteen days from the date of delivery of the letter to the Chairman.

Section 8 (2)

A Vice-Chairman may be resign his office by giving notice in writing to the Chairman and such resignation shall take effect on the expiry of one month from the delivery of the notice to the Chairman.

Section 8 (3)

A Chairman may at any time resign his office by a letter addressed to the State Government and such resignation shall take effect from the date on which acceptance of the State Government thereon is received in the office of the Board.

Section 9

Filling of casual vacancies :-

Section 9(1)

If a member. Vice-Chairman or Chairman of the Board dies or resigns or from any cause whatsoever from in accordance with the provision of this Act, vacates his office or is removed there from, the vacancy so caused shall be filled by fresh election or nomination as the case may be, within such period as may be prescribed :
Provided that, if the vacancy is for a period of six months or less, the Board or the State Government may direct that the vacancy be left unfilled.

Section 9(2)

The term of office of a member, Vice-Chairman or Chairman elected or nominated to fill up the vacancy mentioned in sub-section (1) shall be the remainder of the term of office of the member, Vice-Chairman or Chairman in whose place he has been so elected or nominated.

Section 10

Vacation of Office :-

Section 10(1)

If any member during the period for which he has been elected or nominated :-

Section 10(1)(a)

absents himself without cause from three consecutive ordinary meetings of the Board, or

Section 10(1)(b)

becomes subject to any of the disqualifications mentioned in section 17 :
the Board may declare his office to have become vacant :
Provided that when the Board proposes to take action under this section an opportunity of explanation shall be given to the member concerned and when such action is taken, the reasons therefore, shall be placed on record.

Section 11

Removal from Office -

Section 11(1)

The State Government may remove a Chairman, Vice-Chairman or member who, in its opinion has so flagrantly abused in any manner his position as such as to render his continuance on the Board detrimental to the public interest or who has been guilty of habitual failure in the performance of his duties :
Provided that when the State Government proposes to take action under this section, it shall give the Chairman, Vice Chairman or from original it is proposed to remove him, shall make such enquiry as it may consider necessary and shall in the event of taking such action, place on record the reasons therefore, and the decision of the State Government thereon shall not be questioned in any court of law.

Section 11(2)

The State Government may place under suspension a member, Vice-Chairman or Chairman against whom an inquiry relating to the abuse of his position as a member, Vice-Chairman or Chairman is pending before it or in a court of law, or under the orders of the State Government or the Board till final orders have been passed on the legal proceedings or the enquiry as the case may be such member. Vice-Chairman or Chairman shall not take part in any proceedings of the Board during the period of suspension.

Section 12

Duties of Chairman : It shall be the duty of the Chairman -

Section 12(a)

unless provided otherwise by this Act or prevented by reasonable cause -

Section 12(a)(i)

to convene and preside over all meetings of the Board, and

Section 12(a)(ii)

otherwise to control in accordance with any regulations to be made in this behalf the transaction of business at all meetings of the Board.

Section 12(b)

to superintend and control the financial and executive administration of the Board and bring to its notice any defects therein and,

Section 12©

to perform such other duties as are required of or imposed on him by or under this Act or rules made there-under.

Section 13

Power of Board to require reports etc.

Section 13(1)

The Board may require the Chairman to furnish it with -

Section 13(1)(a)

any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of the Board

Section 13(1)(b)

a report or explanation on any such matter, and

Section 13(1)(c)

a copy of any record, correspondence, plan or other document which is in his possession or control as Chairman or which is recorded or filed in the office of any servant of the Board;

Section 13(2)

The Chairman shall comply with every requisition made under sub-section (1) without unreasonable delay.

Section 14

Delegation by Chairman of his powers and duties to Vice-Chairman -

Section 14(1)

The Chairman may empower by general or special order, the Vice-Chairman to exercise under his control any one or more of his powers, duties or functions.

Section 14(2)

An order by the Chairman under sub-section (1) may lay down any conditions and impose any restrictions in respect of the exercise of any power the performance of any duty or the discharge of any function by the Vice-Chairman.

Section 14(3)

In particular, such order may lay down the condition that any order by a Vice-Chairman in the exercise of a power conferred on him by sub section (1) shall be liable to rescission or modification by the Chairman upon appeal to him within a specified time.

Section 15

Duties of Vice-Chairman – A Vice-Chairman shall -

Section 15(a)

In the absence of the Chairman from a meeting of the Board and unless prevented by reasonable cause, preside over, regulate the conduct of business, and maintain and enforce order at the meeting.

Section 15(b)

during the vacancy in the office of the Chairman or the incapacity or temporary absence of the Chairman, perform any other duty or exercise any other power of the Chairman and

Section 15(c)

at any time perform any duty and exercise, when occasion arises any power, delegated to him by the Chairman under section 14.

Section 16

Nomination of members in default of election – 
If any electoral body referred to in section 4 fails, by such date as may be prescribed to elect the requisite number of member or members or to fill-up any vacancy, the State Government shall on the recommendation of the Board fill up such vacancy or vacancies by nomination of a person or persons qualified to be elected by the appropriate electoral body.

Section 17

Disqualifications for membership – 
A person shall be disqualified for being elected or nominated as, or for being a member of the Board if-

Section 17(a)

he has been sentenced by a court to imprisonment for an offence involving moral turpitude or indicating, in the opinion of the Board, such a defect in character as would render the entry or continuance of his name in the register undesirable, the sentence not having been subsequently reversed in appeal or revision or remitted by an order which the State Government is empowered to make if it thinks it.

Section 17(b)

the Board, after enquiry (at which an opportunity has been given to such person to be heard in his defense either personally or through a representative) has found him guilty, by a majority of two-thirds of the members present and voting at the meeting of infamous conduct in any professional respect.

Section 17(c)

he is an un discharged insolvent;

Section 17(d)

he has been adjudged by a competent court to be of unsound mind.

Section 17(e)

he is a dismissed servant of the State Government or of any local authority.

Section 17(f)

he is debarred from practising as a legal practitioner by order of any competent authority;

Section 17(g)

he holds any place of profit in the gift or disposal of the Board.

Section 17(h)

being a legal practitioner he appears in any suit or proceeding civil or criminal against the Board, or

Section 17(i)

he has acquired, directly or indirectly by himself or by a partner any share or interest in any contract with by or on behalf of the Board.

Section 18

Notification of elections etc. – The name of every member Vice-Chairman or Chairman of the Board elected or nominated under this Act and of every member, Vice-Chairman or Chairman who has resigned under section 8 or vacated his office under section 10 or has been removed there from under section 11, shall be notified in the official gazette.

Section 19

Payment of allowances -

Section 19(1)

There shall be paid to the members of the Board such traveling and daily allowances as may be prescribed.

Section 19(2)

No member other than the Chairman shall receive any pay

Section 19(3)

The Chairman may receive such pay, allowances or emoluments, as may be prescribed.

Section 20

Meetings of the Board :

Section 20(1)

The Board shall meet at its office at Jaipur or at such other place and at such time and every meeting shall be convened in such manner, as may be provided by regulations made by the Board.

Section 20(2)

No business shall be transacted at any meeting of the Board unless four members are present.
Provided that, when it is necessary to postpone any business at a meeting for want of quorum, the chairman shall adjourn the meeting to another date and the business postponed for want of quorum shall be transacted on such date or, in the event of further adjournment of the meeting to a subsequent date, on such subsequent date, notwithstanding any deficiency in the member or members present.

Section 20(3)

Every meeting of the Board shall be open to the public unless the Chairman thereof considers that the public should be excluded during the whole or any part of the meeting.

Section 21

Chairman of Meeting – If at a meeting neither the Chairman nor the Vice-Chairman is present the members present shall elect one from amongst themselves to be the Chairman of the meeting and such Chairman shall perform all the duties and may exercise all the powers of the Chairman of the Board while presiding at the meeting.

Section 22

Power of Chairman of meeting to maintain order : Where at a meeting of the Board any member or other person refuse on comply with any direction of the Chairman ruling any business or matter out of order or otherwise regulating the conduct of members or of business or where any member or person willfully disturbs the meeting the Chairman may require that member or person to withdraw from the meeting and in the event of his omitting to do so may employ against him such force as is necessary or as in good faith he believes to be necessary for the purpose of removing and excluding him from the meeting.

Section 23

Decision by Board :

Section 23(1)

All questions which may come before a meeting of the Board shall unless otherwise provided in this Act or in the rules or regulations made there under, be decided by a majority of the votes of the members present and voting.

Section 23(2)

In case of an equality of votes the Chairman of the meeting shall have a second or casting vote.

Section 23(3) 

New Insertion

Section 24

The minute book and resolutions -

Section 24(1)

The names of the members present and the proceedings held and resolutions passed, at a meeting of the Board shall be entered in a book to be called the minute book.

Section 24(2)

The minutes shall be read out at the meeting or at the next following meeting and after being passed as correct by the members or a majority of them present at the reading shall be certified as passed by the signature of the Chairman of the meeting at which they are passed.

Section 24(3)

A copy of the proceedings of every meeting of the Board shall within fifteen days from the date of the meeting be forwarded to the State Government or any other authority appointed by the State Government in this behalf.

Section 25

Establishment of Advisory Committee -

Section 25(1)

Subject to rules made by the State Government for this purpose the Board may by a resolution in this behalf appoint an Advisory Committee consisting of seven persons of whom three shall be the members of the Board and four co-opted members for any purpose provided for in this Act and may appoint a Convenor who shall preside over the meetings of such Committee in the absence of the Convenor, the committee may elect any one of its members for this purpose.

Section 25(2)

All questions at a meeting of the Committee shall be decided by a majority of the votes of the members present and voting. In case of an equality of votes, the person presiding shall have a casting vote.

Section 25(3)

No business shall be transacted at any meeting of the Committee when less than three members are present.

Section 25(4)

Proceedings of every meeting of the Committee shall be laid before the Board which may take such action thereon as it deems necessary.

Section 25(5)

The members of the Advisory Committee shall be paid such travelling and other allowances as may be payable to the members of the Board under section 19.

Section 26

Validity of proceedings -

Section 26(1)

No vacancy in the Board or in a Committee of the Board shall vitiate any act or proceedings of the Board  or such Committee.

Section 26(2)

No disqualification of or defect in the election or nomination of any person acting as a member of the Board or as the Vice-Chairman or the Chairman or the person presiding at a meeting shall be deemed to vitiate any act or proceeding of the Board in which such person has taken part.

Section 27

Registrar and other officers and servants of the Board -

Section 27(1)

The Boards shall with the previous approval of the State Government appoint a Registrar
Provided that the first appointment of the Registrar may be made by the State Government

Section 27(2)

The Registrar shall receive such salary and allowances and shall be governed by such other conditions of service as may be prescribed. The Chairman may from time to time grant to the Registrar leave and may appoint a person with the sanction of the State Government to act in his place during his leave or absences and any person so appointed to act as Registrar shall be deemed to be the Registrar for the purposes of this Act.

Section 27(3)

An appeal shall lie to the State Government from every order of the Board or its Chairman punishing or removing any person from the office of the Registrar.

Section 27(4)

The Registrar shall also be the Secretary and the executive officer of the Board.

Section 27(5)

The Board may appoint such other officers and servants as may be necessary for carrying out the purposes of this Act.

Section 27(6)

All questions relating to the number, designations, pay and allowances, recruitment, promotions, leave, provident fund and other conditions of service of the officers and servants appointed under sub section (5) shall be governed by rules made by the State Government

Section 27(7)

The Registrar and any other officer or servant appointed under this section shall be deemed to be a public servant within the meaning of section 21 of Indian Penal Code, 1860 (Central Act 45 of 1860).

Section 28

Maintenance of register -

Section 28(1)

The Board shall within one and a half years or its constitution cause to be prepared a register of homoeopaths.

Section 28(2)

The register shall be kept and maintained by the Board in such manner as may be prescribed.

Section 29

Duties of Registrar -

Section 29(1)

Subject to the provisions of this Act and subject to any general or special orders of the State Government or the Board as the case may be, it shall be the duty of the Registrar to keep and maintain the register and discharge such other functions as are required to be discharged by him under this Act or by any rules or regulations made there under.

Section 29(2)

The Registrar shall, so far as practicable, keep and maintains the register correct and up-to-date and may from time to time enter therein any material alterations in the addresses or qualifications of the registered Homoeopaths. He shall also remove from the register the names of the registered homoeopaths who die or who cease to be qualified as such.

Section 30

Persons entitled to be registered -

Section 30(1)

Every person, possessing any of the qualifications mentioned in the schedule shall subject to the provisions of this Act, be entitled to have his name entered in the register.

Section 30(2)

Notwithstanding anything contained in sub-section (1), every practitioner who proves in the prescribed manner that he has been in regular practice of the Homoeopathic system of medicine in the State for a period of not less than three years immediately preceding the date of commencement of this Act shall on an application made by him within [one and a half year] of such commencement for the registration of his name in the register be, subject to the provisions of this Act, entitled to have his name entered in the register.
[provided that application delivered to any post office in India or outside within the time prescribed above, shall be considered to have been made within the prescribed time]

Section 30(2A)

For the removal of doubts. It is declared that it shall be lawful for the Registrar to review such applications, on his own motion or an application made to him as were rejected on the ground of not having been made within the prescribed time.

Section 30(3)

An application for registration under sub-section (1) or (2) shall be accompanied with a registration fee of Rs. 50/-. Such fee shall not be refundable under any circumstances.

Section 30(4)

Application for registration shall be made to and disposed of by the Registrar.

Section 30(5)

Any person aggrieved by the decision of the Registrar regarding the registration of any person or the making or removal of any entry in the register, may within ninety days from the date of such decision or within such extended time as the Board may upon sufficient cause allow, appeal to the Board.

Section 30(6)

Such appeal shall be heard and decided by the Board in the prescribed manner.

Section 30(7)

The Board may on its own motion or on the application of any person and after calling for an explanation from the person concerned and considering the same cancel or alter any entry in the register, if in the opinion of the Board, such entry was fraudulently or incorrectly made or obtained.

Section 31

Renewal of Registration -

Section 31(1)

Every registered Homoeopath shall be entitled to practice for a period of three years from the date on which his name has been registered and if he desires to practice after the expiry of the said period, he shall, upon an application made to the Registrar along with a renewal fee of twenty-five rupees for every period of three years, be entitled to the continuance of his name in the register.

Section 31(2)

If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register.
Provided that the name so removed may be restored to the register on payment of the renewal fee in such manner and subject to such conditions as may be prescribed.

Section 32

Power of Board to recognise titles etc. for purposes of registration. If the Board is satisfied –

Section 32(a)

that any title or degree granted or qualification certified by a University, Medical Corporation, Examining body or other institution in or outside India is sufficient guarantee that persons holding such title, degree or qualification possess the knowledge and skill requisite for the efficient practice of Homoeopathy, or

Section 32(b)

that such a title, degree or qualification is not a sufficient guarantee as aforesaid, it may direct -

Section 32(b)(i)

in case (a), that the possession of such title, degree or qualification shall, subject to the provision contained in this act and on payment of such fee as may be prescribed entitle a person to have his name entered in the register, or

Section 32(b)(ii)

in case (b) that the possession of such title, degree or qualification shall not entitle a person to have his name entered in the register.

Section 33

Power of Board to call for information from institutions – The Board shall have power to call upon the governing body or authority of a medical corporation, examining body or other institution, included or desirous of being included in the Schedule-

Section 33(a)

to furnish such reports, returns or other information as the Board may require to enable it to judge the efficiency of the instructions given therein in homoeopathy, and

Section 33(b)

to provide facilities to enable a member of the Board deputed by it in this behalf to be present at the examination held by such medical corporation, examining body or other institution.

Section 34

Information required from applicants for registration- Every person who applies to have his name entered in the register must satisfy the Registrar that he is possessed of some degree, title or qualification specified in the Schedule and he must inform the Registrar of the date on which he obtained the degree, title or qualification which entitles him to claim registration under this Act and shall also furnish any other information required by the Registrar in order to enable him to discharge his duties under the Act.

Section 35

Entry of new titles and qualifications – If a person whose name is entered in the register obtains any title, degree or qualification other than the title, degree or qualification in respect of which he has been registered, he shall on payments of such fee not exceeding rupees five as may be prescribed be entitled to have an entry stating such other title, degree, or qualification made against his name in the register, either in substitution for or in addition to any entry previously made.

Section 36

Powers of Board to prohibit entry in or to direct removal from the register.

Section 36(1)

The Board may prohibit the entry in, or order the removal from, the register of the name of any Homoeopath -

Section 36(1)(a)

who has been sentenced by a court in India to imprisonment for an offence declared by the State Government to involve such moral turpitude as would render the entry or continuance of his name in the register undesirable, or

Section 36(b)

whom the Board or a committee of the Board specially authorised for the purpose, after enquiry (at which an opportunity has been given to him to be heard in his defense and to appear either in person or by counsel) and which may in the discretion of the Board, be held (in camera) has found guilty of professional misconduct or other infamous conduct by a majority of at least two-thirds of the members present and voting at the meeting.

Section 36(c)

who has been found by the Board or a Committee of the Board specially constituted for this purpose, after an enquiry and after giving the person concerned an opportunity of being heard, to have obtained registration fraudulently or by submitting false or forged or incorrect document or on the basis of mis-representation or by the use of deceitful and dishonest means.

Section 36(2)

The name of any person against whom an order has been made under clauses (a) and (b) of sub-section (1) shall be entered or re-entered in the register, as the case may be, after 6 years from the date of such order.

Section 37

Notice of deaths and erasure of names from register -

Section 37(1)

Every Registrar of Death who receives notice of the death of a person whose name he knows to be entered in the register of homoeopaths shall forthwith transmit by post to the Registrar of the Board a certificate of such death, signed by him and stating particulars of the time and place of death.

Section 37(2)

On receipt of such certificate or other reliable information regarding such death, the Board shall erase the name of the deceased person to be erased from the register.

Section 38

Procedure in inquiries – For the purpose of any inquiry held under clause (b) of sub section (1) of section 36, the Board or the Committee, as the case may be, shall exercise the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 of the Central Legislature and the provisions of section 5, 8 to 10, 14 to 16, 19 and 20 of the said Act shall, so far as may be, apply to every such inquiry, to any order passed during the course thereof and to any appeal from such order.

Section 39

Publication of names entered in the register -

Section 39(1)

The Registrar shall in every year and from time to time as occasions may require on or before a date to be fixed in this behalf by the Board, cause to be published, in the Official Gazette and in such other manner as the Board may prescribe, a full or supplementary list arranged in alphabetical order of the names for the time being entered in the register and setting forth -

Section 39(1)(a)

the registered address and appointment held by or actual employment of each person whose name is entered in the register.

Section 39(1)(b)

the registered titles, degrees and qualifications of each such person and the date on which such title or degree was granted or qualification certified.
Provided that the Registrar shall from time to time get published in the Official Gazette the names of such registered Homoeopaths whose names have been duly removed from the register under any provision of this Act.

Section 39(2)

In any proceeding it shall be presumed that every person entered in such list is a registered Homoeopath :
Provided that in the case of a person whose name has been entered in the register after the last publication of the list, a certified copy signed by the Registrar of the entry of the name of such person in the register shall be evidence that such person is registered under this Act and such certificate shall be issued free of charge.

Section 40

Powers of the Board – The Board shall have the following powers namely :-

Section 40(i)

to recognise Homoeopathic educational or instructional institutions for purposes of affiliation;

Section 40(ii)

to prescribe courses of study and curricula for general instruction or special or refresher courses in institutions affiliated to the Board in such branches of the Medical Science of Homoeopathy as the Board may think fit;

Section 40(iii)

to hold examinations and to grant and confer degrees and diplomas to and on persons who shall have pursued a course of study in an educational institution affiliated to the Board;

Section 40(iv)

to institute, exhibitions and award medals thereat to grant scholarships and medals to those who obtain high position at the Board’s examinations or are poor and deserving, and with the sanction of the State Government, to grant scholarships for special study in research and manufacture of Homoeopathic medicines in any medical institution or a reputed firm that the Board may think fit, and to endow chairs of Homoeopathy in institutions affiliated to the Board.

Section 40(v)

to demand and receive from students such fees as may be prescribed for admission to the Board’s examinations.

Section 40(vi)

to exercise general supervision over the residential and disciplinary arrangements made by the educational institutions affiliated to the Board and to make arrangements for promoting the health and general welfare of their students;

Section 40(vii)

to appoint examiners and publish the results of the examinations held by it;

Section 40(viii)

to suspend or withdraw the recognition of any institution which is not conducted in accordance with the conditions prescribed by this Act or the rules or regulations framed there under.
Provided that no such action shall be taken without affording the Committee or management of such an educational institution an opportunity of making such representation as it may deem fit;

Section 40(ix)

to appoint, with the previous sanction of the State Government. Inspectors for the inspection of Homoeopathic dispensaries hospitals and educational institutions in the State;

Section 40(x)

x x x

Section 40(xi)

to establish or aid research institutions to arrange for post-graduate study in the science of Homoeopathy and to encourage scientific manufacture of Homoeopathic medicines in the State :

Section 40(xii)

to publish Homoeopathic journals.

Section 40(xiii)

to do such acts not inconsistent with the provisions of this Act and the rules and regulations made there under, as may be necessary for the furtherance of the objects of this Act :

Section 40(xiv)

to appoint with prior approval of the State Government standing or ad-hoc Committees to delegate any of its powers and instructions to such Committees subject to any restriction and to make regulations for determining the procedure to be followed by such Committee.

Section 41

Budget :-

Section 41(1)

The Board shall have prepared and laid before it at a meeting, to be held in every year before such date as may be prescribed a complete account of the actual and abstracted receipts and expenditure for the year ending on the 31st day of March next following such date together with a budget estimate of the income and expenditure of the Board for the year commencing on the first day of April next following.

Section 41(2)

The Board shall at such meeting decide upon the appropriations and ways and means contained in the budget estimate and pass the budget which shall be submitted to the State Government or to such other authority as the State Government may by order direct within fifteen days from the date of the meeting in which the budget is passed.

Section 41(3)

If the State Government is satisfied that adequate provision has not been made therein for giving effect to the provisions of this Act, it shall have the power to suggest such modifications as may be necessary to secure such provision and return the budget to the Board with its observations regarding the modifications to be made therein. The Board shall consider such observations and pass the budget with such modifications as it deems necessary.

Section 41(4)

If in the course of a year the Board finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended for the purposes of this Act, a supplementary budget may be prepared, passed, submitted and modified in the manner provided in sub-sections (1), (2) and (3).

Section 41(5)

As soon as may be after the first day of October every year, the revised budget for the year shall be framed and such revised budget shall, so far as may be, be subject to all the provisions of the foregoing sub-section applicable to a budget.

Section 42

Homoeopathic Fund -

Section 42(1)

There shall be established a Homoeopathic Fund, hereinafter referred to as the ‘Fund’ :

Section 42(2)

There shall be placed to the credit of the Fund -

Section 42(2)(a)

grants and loans received from the State Government

Section 42(2)(b)

all fees received by the Board on account of registration of Homoeopaths and admission to the Board’s examinations.

Section 42(2)(c)

contribution received from any local authority or any Homoeopathic association, and

Section 42(2)(d)

all sums received by or on behalf of the Board from sources other than those mentioned in the foregoing clauses.

Section 42(3)

The Fund shall be applied for the purpose specified in this Act and for such other purposes and in such manner as may be prescribed.

Section 42(4)

The expenses of the Board shall include the salaries and allowances of the Registrar and the staff appointed by the Board, the fees and allowances paid to the Chairman and members of the Board, the expenses for the conduct of examinations and such other expenses as are necessary for carrying out the purposes of this Act.

Section 43

Custody and operation of Fund -

Section 43(1)

The Homoeopathic Fund shall be kept in a scheduled bank and shall be operated upon by such person or persons and in such manner as may be prescribed.

Section 43(2)

To defray the current expenses of the Board such sum as the State Government may deem sufficient may be kept with the Registrar by way of imp rest money.

Section 44

Accounts and Audit

Section 44(1)

The Board shall keep accounts and submit such statements to the State Government as may be prescribed.

Section 44(2)

Accounts of receipts and expenditure of the Board shall be maintained for every financial year in such form as may be prescribed.

Section 44(3)

All accounts kept and maintained by the Board shall be audited, as soon as may be after the end of each financial year, by the Examiner of Local Fund Audit for the State and the provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act 28 of 1954) shall apply.

Section 44(4)

The Board shall be bound to comply with all such directions as the State Government may think fit to issue after going through the audit report in respect of its accounts.

Section 44(5)

The Board shall pay out of the Homoeopathic fund such sum as may be determined by the State Government by way of charges for audit.

Section 45

Qualified practitioner’s certificate. Notwithstanding anything contained in any other law for the time being in force -

Section 45(1)

the expression legally qualified medical practitioner or duly qualified medical practitioner or any word importing that a person is recognised by law as a Medical practitioner or as a member of the Medical profession shall, in all Rajasthan Laws and in all Acts of the Central Legislature (in their application to the State of Rajasthan) in so far as such laws or Acts relate to any of the manners specified in list-II or list-III of the Seventh Schedule to the Constitution of India, be deemed to include a registered Homoeopaths.

Section 45(2)

a certificate required under any law or rule having the force of law from any medical practitioner or medical officer shall be valid if such certificate has been granted by a registered Homoeopath.

Section 45(3)

a registered Homoeopath shall be eligible to hold any appointment as a physician, surgeon or other medical officer in any Homoeopathic dispensary, hospital, infirmary or lying in hospital supported by or receiving grant from the State Government or in any public establishment body or institution dealing with the system of Homoeopathic medicine :

Section 45(4)

a registered Homoeopath shall be entitled :

Section 45(4)(a)

to sign or authenticate a birth or death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner.

Section 45(4)(b)

to sign or authenticate a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner.

Section 45(4)(c)

x x x

Section 45(5)

A registered Homoeopath possessing a recognised medical qualification shall be entitled to appear and give evidence at any inquest or before any Court of Law as an expert under section 45 of the Indian Evidence Act, 1872 (Central Act 1 of 1872) on any matter relating to the homoeopathic system of medicine.

Section 46

Exemption from serving on inquests. Notwithstanding anything in any other law for the time being in-force, every registered Homoeopath shall be exempted, if he so desires from serving on any inquest or as a juror under the Code of Criminal Procedure, 1898 (Central Act V of 1898).

Section 47

privileges under Rajasthan Act 2 of 1950. The registered Homoeopaths shall have the same privileges as the medical practitioners registered under the Rajasthan Medical Act, 1952 (Rajasthan Act 13 of 1952) have under the Rajasthan Excise Act 1950 (Rajasthan Act 2 of 1950).

Section 48

Appeals to State Government from decisions of Board -

Section 48(1)

An appeal shall lie to the State Government from every decision of the Board under this Act.

Section 48(2)

Every appeal under sub-section (1) shall be preferred within three months of the date of the communication of the decision sought to be appealed from.

Section 49

Control of Board by State Government : If at any time it shall appear to the State Government that the Board has failed to exercise or has exceeded or abused a power conferred upon it by or under this Act or has failed to perform a duty imposed upon it by or under this Act. the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Board : and if the Board fails to remedy such failure, excess or abuse within such time as may be fixed by the State Government in this behalf, the State Government may dissolve the Board and cause all or any of the powers and duties of the Board to be exercised and performed by such agency and for such period as it may think fit :
Provided that a new Board shall be constituted within (two years) of such dissolution.

Section 50

Penalty on un-registered person representing that he is registered. If a person whose name is not entered in the register of Homoeopaths falsely pretends that it is so entered or uses in connection with his name or title any word or letters representing that his name is so entered, he shall, whether any person is actually decided by such representation or not, be punishable, on conviction with fine which may extend to two hundred rupees.

Section 51

Conferring, granting or issuing diploma, licence etc. by an un-authorised person or institution -

Section 51(1)

No person other than an association or institution recognised or authorised by the Board under this Act   shall confer, grant or issue, or hold himself out as entitled to confer, grant or issue, any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient thereof is qualified to practice the homoeopathic system of medicine.

Section 51(2)

Whoever contravenes the provisions of this section shall be punishable on conviction with fine which may extend to five hundred rupees and, if the person so contravening is an association every member of such association, who knowing and willfully authorised or permits the contravention shall be punishable with fine which may extend to two hundred rupees.

Section 52

False assumption of degree, diploma etc.. Whoever voluntarily and falsely assumes or uses any title, description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred, granted or issued by any association or institution recognised or authorised by the Board under this Act or that he is qualified to practice the homoeopathic system of medicine under the provisions of this Act, shall on conviction be punishable with fine, which may extend to fifty rupees for the first offence under this section and to fine which may extend to two hundred rupees for every subsequent offence.

Section 53

Penalty for practising in contravention of the Act.

Section 53(1)

If after such date as the State Government may by notification in the Official Gazette specify in this behalf any person other than a registered homoeopath or other than a person whose name is entered in the list prepared and kept under section 62. practices or holds himself out, whether directly or by implication as practising or as being prepared to practice, the homoeopathic system of medicine, he shall be punishable with fine which may extend to two hundred rupees and where the offence is a continuing one, with a further fine which may extend to twenty-five rupees for each day during which the offence continues after the first such conviction.

Section 53(2)

Nothing contained in sub-section (1) shall be deemed to prohibit any person from practising the Homoeopathic system of medicine if he practices it for charity and not for livelihood. Provided that such person shall not be entitled to the privileges of Homoeopaths specified in Chapter V of this Act.

Section 53(3)

The State Government may by notification in the Official Gazette, direct that the provisions of this section shall not apply to any class of persons either throughout the State or in any area specified in such notification.

Section 54

Court competent to try offences

Section 54(1)

No court other than the court of a Magistrate of the first class shall take cognizance of or try an offence under this Act.

Section 54(2)

No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered in this behalf by rules made under this Act.

Section 55

Mode of proof of Board’s records : A copy of any proceeding receipt application, plan, notice, order, entry in a register or other document in the possession of the Board shall, if duly certified by the Registrar or other person authorised by the Board in this behalf, be received as prima-facie evidence of the entry or document and shall be admitted as evidence thereof and of all the matters therein recorded in every case where, and to the same extent as the original entry or document would, if produced have been admissible to prove such matters.

Section 56

Restriction on summoning of Board’s servants to produce documents : No member, officer or servant of the Board shall in any legal proceeding to which the Board is not a party, be required to produce any register or document or to appear as a witness to prove the matters recorded therein, unless ordered by the court for special reasons.

Section 57

Rules

Section 57(1)

The State Government may from time to time make rules consistent with this Act to carry out the purposes thereof.

Section 57(2)

In particular and without prejudice to the generality of the foregoing power, the State Government may make rules for any of the following matters, namely-

Section 57(2)(a)

the time and place at which and the manner in which election shall be held under section 4:

Section57(2)(b)

regulation of elections under this Act

Section57(2)(c)

the privileges salary and allowances and other conditions of service of the Registrar.

Section57(2)(d)

the conduct and maintenance of correct minutes of meetings of the Board.

Section57(2)(e)

the manner in which vacancies shall be filled under section 9;

Section57(2)(f)

the accounts to be kept by the Board and the manner in which such accounts shall be audited and published;

Section 57(2)(g)

the date before which a meeting shall be held for the passing of the budget;

Section 57(2)(h)

the method and forms to be adopted in the preparation of the budget;

Section 57(2)(i)

the returns, statements and reports to be submitted by the Board;

Section 57(2)(j)

the forms of the register of Homoeopaths to be maintained under this Act;

Section 57(2)(k)

the fees chargeable under this Act and their application;

Section 57(2)(l)

the manner in which appeals against the decisions of the Registrar shall be heard by the Board under section 30;

Section 57(2)(m)

allowances payable to members of the Board and its Chairman;

Section 57(2)(n)

the remuneration to be paid to the Chairman;

Section 57(2)(o)

the furtherance of any object of the Board as a teaching or accounting body.

Section 57(2)(p)

maintenance of a patient register by Homoeopaths in the prescribed form;

Section 57(2)(q)

delegation of powers by the State Government and by the Board;

Section 57(2)(r)

the form of application for the grant of licence or permit under clause (x) of section 40 and the particulars to be filled therein.

Section 57(2)(s)

the conditions for the grant of licence, the renewal of licence and the fees payable thereof; and

Section 57(2)(t)

the furtherance of any other objects of the Act

Section 57(3)

All such rules shall be published in the Official Gazette.

Section 57(4)

All rules finally made under this Act shall be laid as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which they are so laid or of the session immediately following the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done there under.

Section 58

Regulations:-

Section 58(1)

Subject to the provisions of this Act and the rules made by the State Government there under the Board may frame regulations for regulating the following matters, namely :

Section 58(1)(a)

the conditions on which institutions may be affiliated or recognised for the purpose of registration under section 30;

Section 58(1)(b)

the admission of students to the educational or instructional institutions affiliated to the Board;

Section 58(1)(c)

the conditions under which students shall be admitted to any degree, diploma or certificate course and to the examinations of the Board and shall be eligible for degrees, diplomas and certificates;

Section 58(1)(d)

the conditions of residence of the students in the educational or instructional institutions affiliated to the Board and the levying of fees for such residence;

Section 58(1)(e)

the number, qualifications and emoluments of teachers of the educational or instructional institutions affiliated to the Board;

Section 58(1)(f)

the fees to be charged for courses of study in such institutions and for admission to the examinations, degrees, diplomas and certificates of the Board;

Section 58(1)(g)

the conditions and mode of appointment and duties of examiners and the conduct of examinations;

Section 58(1)(h)

the time and place at which meetings of the Board shall be held:

Section 58(1)(i)

the issue of notice convening such meeting:

Section 58(1)(j)

the conduct of business thereat :

Section 58(1)(k)

the asking of questions by members of the Board at its meeting subject to such conditions and restrictions as may be provided in the regulations:

Section 58(1)(l)

the salary, allowances and other conditions of service of officers and servants of the Board other than the Registrar and,

Section 58(1)(m)

all other matters which may be necessary for the purposes of carrying out the objects of this Act.

Section 58(2)

All regulations framed under sub-section (1) shall be published in the Official Gazette.

Section 58(3)

The State Government may by notification in the Official Gazette cancel or modify any regulation.

Section 59

Previous publication of rules and regulations. The power of the State Government to make rules and of the Board to make regulations is subject to the condition of the rules or regulations being made after previous publication, for objections and of their not making effect until they have been published in the Official Gazette and the regulations not taking effect until they have been confirmed by the State Govt.

Section 60

Bar to suit and other legal proceedings:-

Section 60(1)

No suit or other legal proceeding shall lie against the State Government in respect of an act done in the exercise of the powers conferred by this Act or the rules made there under.

Section 60(2)

No suit or other proceeding shall be maintainable against the Board or any member or any officer or servant of the Board or any person acting under the direction of the Board or the Chairman or of any officer or servant of the board in respect of anything done lawfully and in good faith and with reasonable care and attention under this Act or rules or regulations made there under.

Section 61

Savings- Unless it is under this Act otherwise expressly provided; no provision of this Act shall affect a medical practitioner other than a Homoeopath registered under this Act.

Section 62

List of practitioners -

Section 62 (1)

As soon as may be after the commencement of this Act the Registrar shall prepare and keep a list of persons practising the homoeopathic system of medicine on such commencement.

Section 62(2)

Every person who is not qualified for registration under the Act but who proves in the prescribed manner that he has been on such commencement, in regular practice of the homoeopathic system of medicine in the State shall upon an application made by him in this behalf within (one and a half year) of such commencement be entitled to have his name entered in the aforesaid list on payment of a fee of rupees fifty.

Section 62(3)

The provisions of sub section (2) of section 29, sub section (1) of section 36 shall, so far as may be, apply to this list mutatis mutants

Schedule 1

Homoeopaths who have passed the final examinations held by the Board of Homoeopathic Medicine for Rajasthan

Schedule 2

Homoeopaths who have passed an examination from a Homoeopathic Institution in the State or outside ....
Provided that for purposes of registration such an institution is recognised by ......

Schedule 3

Homoeopaths who have been entered in the list prepared and kept under section 62 and who have completed regular practice of the homoeopathic system of medicine for a period of not less than (ten years) subject to their passing such examination as the Board may be regulations determine.

Schedule 4

x x x

Schedule 5

Homoeopaths who are in possession of any title, degree or qualification recognised by the Board under clause (a) of section 32 of the Act.

Short title -

Rule 1(1)

These rules may be called the Rajasthan Homoeopathic Medicine Rules, 1971.

Rule 1(2)

They shall come into force on the date of their publication in the Rajasthan Rajpatra.

Rule 2

Definitions – In these rules unless the context otherwise requires -

Rule 2(a)

“Act” means the Rajasthan Homoeopathic Medicine Act, 1969 (Act No. 1 of 1970);

Rule 2(b)

“Section” means a section of the Act;

Rule 2(c)

“Form” means a form prescribed and appended to these Rules.

Rule 2(d)

“Schedule” means a schedule attached to the Act.

Rule 2(e)

“Candidate” means a Registered Homoeopath standing for election as a member of the Board.

Rule 2(f)

“Voter” means a Registered Homoeopath whose name appears in the Electoral Rolls published under Rule 9(i)

Rule 2(g)

“Returning Officer” means unless otherwise directed by the State Government, the Registrar of the Board.
The words and expressions used in the Act but not defined in these Rules shall have the meaning assigned to them in the Act.

Election of Vice-Chairman -

Rule 3(a)

For election of the Vice-Chairman the Returning Officer shall convene a meeting of the Board and shall ask the members to submit the nomination papers in the prescribed from (Form No. 1). The programme of the election shall be duly notified.

Rule 3(b)

Every candidate shall be duly proposed and seconded.

Rule 3( c )

The Returning Officer shall announce the names of the candidates for Vice-Chairmanship as per nomination papers received by him. He shall then ask each member to mention his choice in the prescribed form (Form No. 2). This shall be handed over to the Returning Officer. The candidates securing majority of votes shall be declared by the Returning Officer as elected Vice-Chairman of the Board.

Rule 4

Register of Members of the Board. The Registrar shall maintain a register of members of the Board in Form No. 3.

Rule 5

Electoral Rolls

  Rule 5(i)

Registrar shall publish an up to date list of the Registered Homoeopaths with the following columns -

Rule 5(i)(a)

Serial No.

Rule 5(i)(b)

Registered No.

Rule 5(i)(c)

Name

Rule 5(i)(d)

Father’s Name/Husband’s Name

Rule 5(i)(e)

Address

Rule 5(i)(f)

Remarks

This list shall be called the General Electoral Roll.

Rule 5(ii)

Homoeopathic teaching institutions recognised by the Board for the purpose of affiliation shall send a list of such of their members as are registered Homoeopaths setting out therein the particulars mentioned in clause (i) above in respect of every such teacher within 21 days from the announcement of the date of election. The Registrar shall publish a separate electoral roll of teachers. This shall be called “Teachers Electoral Roll”. It will contain all the particulars mentioned above in respect of General Electoral Rolls.

Presently Board is not recognising the Homoeopathic Institutions for the purpose of affiliation.

Rule 5(iii)

Electoral Rolls mentioned in sub-rule (i) and (ii) shall be available for sale by the Registrar at the price fixed by him and shall be operated for inspection free of cost in the office during office hours.

Rule 6

General provisions regarding Elections.

Rule 6(i)

It shall be duty of the Registrar to take all steps in connection with the election of the members atleast 3 months before the expiry of the term of the Board.

Rule 6(ii)

For the purpose of conducting the elections of the Board, including the elections of the Vice-Chairman the Registrar shall be the Returning Officer, but State Government may appoint any other person to act as Returning Officer for any specific purpose in relation to such elections.

Rule 6(iii)

Election programme shall be decided by the Government and it shall be the duty of the Registrar to comply with the directions of the Government issued from time to time.

Rule 6(iv)

Nomination paper for the “(teacher) representative shall be in Form No. 4

Rule 6(v)

Nomination paper for the election of general members of the Board shall be in Form No. 5

Rule 7

Reporting of vacancies :

Rule 7(a)

All vacancies in the office of the Chairman or Vice-Chairman shall be filled up within 6 months of the occurrence of the vacancy, unless otherwise directed by the Government.

Rule 7(b)

The Registrar shall make a report to the Government in writing regarding any anticipatory vacancy in the office of any member 90 days before the vacancy is likely to occur.

Rule 7(c)

If a vacancy occurs in the office of a member of the Board prior to the expiry of his term of office through resignation, death, removal or disability of such member or otherwise, the Registrar shall make a report to the Government as early as possible.

Rule 8

Filling up vacancies of the elected members – Vacancies occurred in the office of elected members shall be filled up in a period of not more than 60 days from the date vacancy actually occur.

Rule 9

Procedure for election of members – The following procedure shall be adopted for filling up the vacancies –

Rule 9(i)

The Electoral Rolls shall be published (in such manner as the Government may think fit) at least 30 days before the date of election.

Rule 9(ii)

Every candidate for election shall have to be a voter and shall be nominated by means of a separate nomination paper in Form No. 4 or Form No. 5 as may be appropriate. Every nomination paper shall be signed by a voter qualified to vote at the election as proposer and by another such voter as a seconder.
Provided that no candidate shall be entitled to propose or second his own nomination and no voter shall be entitled to propose or second nominations of more candidates than the number of seats for which elections are being held
Provided further that all such nominations as are made in contravention of the first proviso mentioned above shall be void.

Rule 9(iii)

Every candidate shall send the nomination paper declaring that he is willing to serve on the Board if elected.
(A candidate seeking, election against a seat reserved for registered Homoeopaths possessing recognised medical qualifications shall not be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular recognised medical qualification possessed by him and an entry about that qualification has been made in the Register.)

Rule 9(iv)

In the absence of such declaration nomination shall be treated invalid.

Rule 9(v)

Every proposal for nomination shall be in writing in (Form No. 4) or Form  No. 5 which shall be made available by the Returning Officer on the payment of a fee of Rupees Five only.

Rule 9(vi)

The nomination form shall be submitted to the Returning Officer either personally or by Registered Post so as to reach him before 1 p.m. on the last date fixed for the filing of nomination papers. Nomination papers filed personally shall be handed over during office hours to the Returning Officer in his office.

Rule 9(vii)

Every candidate shall be at liberty to withdraw his candidature in writing signed by him and delivered personally to the Returning Officer, within 3 days after the scrutiny. On this date the Returning Officer shall announce the number of candidates contesting the election. It shall be notified on the Notice Board of the Returning Officer.

Rule 9(viii)

The Returning Officer shall decide all questions which may arise as to the validity of any nominations at the time filed by him for scrutiny of nomination and his decision thereon shall be final.

Rule 9(ix)(1)

If the number of candidates qualified to fill the reserved seats is equal to the number of such seats, all these candidates shall forthwith be declared to be elected to fill the reserved seats.

Rule 9(ix)(2)

If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats but the total number of contesting candidates is equal to the number of seats to be filled in, the Returning Officer shall first select, by lot to be drawn by him in such manner as he may determine, the candidates to be declared elected to the reserved seats out of the candidates qualified to be chosen to fill these reserved seats and thereafter declare the remaining candidates to be duly elected to fill the remaining seats.

Rule 9(ix)(3)

If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats and the total number of contesting candidates also exceeds the total number of seats to be filled in a poll shall be taken and after the poll has been taken, the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats have secured the largest number of votes to be duly elected to fill the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats.

Rule 9(ix)(4)

If the number of contesting candidates qualified to be chosen to fill the reserved seats is less than the number of seats :

Rule9(ix)(4)(a)

All these candidates shall be forthwith declared to be duly elected to fill the reserved seats.

Rule9(ix)(4)(b)

The following procedure shall be followed for filling the seats other than reserved seats.

Rule9(ix)(4) (b)(1)

If the number of candidates does not exceed the number required to fill up the vacancy or vacancies the Returning Officer shall forthwith declare all such candidates to be duly elected.

Rule 9(ix)(4) (b)(2)

If the number of candidates is more than the number of seats a poll shall be taken.

Rule 9(ix)(4) (b)(3)

If there is no candidate or if the number of candidates is less than the number of vacant seats, election proceedings shall be started afresh for filling up the vacant seats in all respects as if for a new election.

Rule 9(ix)(4) (c)

Election proceedings shall be started afresh for filling up the remaining reserved seat or seats.

Rule 9(x)(a)

If a poll becomes necessary the Returning Officer shall forthwith publish the names and addresses of the contesting candidates (in such manner as the State Government may think fit) and shall further cause their names to be entered in Ballot papers in Form No. 6.

Rule 9(x)(b)

The names of contesting candidates in the list referred to above and in the Ballot papers shall be written in alphabetical order in Hindi in Devnagri Script.

Rule 9(x)(c)

In the ballot papers the words “Recognised Medical Qualification” shall be printed immediately below the name of each candidate qualified to fill the reserved seats.

Rule 9(xi)

Not less than twenty one days before such date as may be appointed by the Returning Officer for this purpose the Returning Officer shall give personally or send by registered post to each elector a Ballot paper (Form No. 6) started by him. No election shall be invalidated by reason only of an elector not receiving his Ballot paper provided that a Ballot paper has been issued to him in accordance with these rules.

Rule 9(xii)

Before such date as may be appointed by the Returning Officer in this behalf every elector, desirous of voting shall personally deliver or send by registered post his Ballot paper to the Returning Officer after recording his vote or votes in the manner prescribed therein. Provided that any Ballot paper which is not received by the Returning Officer before 12 noon on the date so appointed (xxx) shall be rejected.

Rule 9(xiii)

The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by him in this behalf. The Ballot papers shall then be scrutinized and the valid votes counted. Any candidate may also be present either in person or by an accredited representative to watch the counting of the votes.

Rule 9(xiv)

A Ballot paper shall be invalid if -

Rule 9(xiv)(a)

it does not in any way conform to these rules, or

Rule 9(xiv)(b)

it does not conform to the instructions printed thereon, or

Rule 9(xiv)(c)

it does not bear the initials of the Returning Officer, or

Rule 9(xiv)(d)

no vote is recorded thereon, or

Rule 9(xiv)(e)

a voter signs his name or writes a word or makes any mark on it by which it becomes recognizable as his Ballot paper, or

Rule 9(xiv)(f)

the number of votes recorded thereon, exceeds of vacancies to be filled, of

Rule 9(xiv)(g)

It is void for uncertainty of one or more votes, exercised
Provided that when more than one vote can be given on the same Ballot paper, if one of the marks so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned and not the whole Ballot paper shall be invalid on that account.

Rule 9(xv)

If any objection is made to any Ballot paper on the ground that it does not comply with the specified requirements or to any rejection by the Returning Officer of a Ballot paper it shall be decided at once by the Returning Officer whose decision shall be final.

Rule 9(xvi)

The Returning Officer shall nominate such number of scrutinizers not exceeding four as he deems proper.

Rule 9(xvii)

When the counting of votes has been completed the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats, have secured the largest number of votes to be duly elected to fill all the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats and shall forthwith inform the successful candidates by registered letters of their having been elected and shall also forthwith inform the Board the Chairman and the State Government.

Rule 9(xviii)

When an equality of votes is found to exist between any candidates and the addition of one vote will entitle any or more of the candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by Lot, to be drawn by the Returning Officer.

Rule 9(xix)

Upon the completion of the counting and after the result (has) been declared by him the Returning Officer shall seal the Ballot papers and all other documents relations to the election and shall retain the same with himself (in safe custody) for the period of six months (and) thereafter with the approval of the State Government cause them to be destroyed.

Rule 9(xx)

The Returning Officer shall (issue notice of Election in Form 3(a) (in such manner as the Government may think fit) the date, time and placed fixed for such of the following proceedings, namely -

Rule 9(xx)(a)

The number and nature of the members required to be elected.

Rule 9(xx)(b)

The receipt of nomination papers by the R.O.

Rule 9(xx)(c)

The Scrutiny of nomination papers.

Rule 9(xx)(d)

The last date of withdrawal of candidate.

Rule 9(xx)(e)

The sending of ballot papers to electors.

Rule 9(xx)(f)

The last date of receiving the ballot papers.

Rule 9(xx)(g)

The counting of votes.

Rule 9(xxi)

If any question arises as to the intention or application of these rules which in the opinion of the Board should be referred to the State Government, the Board shall refer such question to the State Government whose decision shall be final.

Rule 10

Assumption of office by Chairman – The Chairman shall on his nomination assume of office by issuing an office order which shall be notified to the Government. The new Chairman shall assume office within 15 days of his nomination.

Rule 11

Meetings of the Board -

Rule 11(1)

The meeting of the Board shall be called within one month of the assumption of office by the Chairman. The agenda for this meeting shall be prepared by the Registrar and notices shall be issued by him after approval of the Chairman.

Rule 11(2)

The notice of the meetings with agenda will be sent through peon book to all local members and under postal certificate to the members residing outside Jaipur.

Rule 11(3)

The Registrar, with the approval of the Chairman shall call a meeting of the Board, atleast once in 120 days by issue of a notice to all members atleast 7 days earlier to the date of meeting.

Rule 11(4)

The meeting of the Board may also be called by the Chairman on the written requisition signed by atleast seven members of the Board. Such meeting shall be convened by the Registrar within one month of the receipt of the written requisition.

Rule 11(5)

An emergency meeting of the Board can be called by the Chairman through Registrar to deal with urgent matters on 3 days notice and the notice of such emergency meeting shall be sent to all local members under peon book and to outside members by telegram without the agenda.

Rule 11(16)

The meeting of the Board shall be presides by the Chairman or in his absence by the vice-Chairman or in their absence by a member present in the meeting so elected by the members present to preside that particular meeting.

Rule 11(7)

The meeting or hearing as the case may be will start punctually in time if the quorum is present. If the quorum is not present within half an hour of the appointed time, the Chairman shall postpone the meeting, till the same hour on the adjourned meeting, postponed for want of quorum and in such a meeting the business will be transacted without any consideration of any deficiency in the number of members present as provided in section 20(2) para 2 of the Act.

Rule 11(8)

The Registrar shall have the minutes and proceedings recorded through a steno-typist or any other method convenient to him and shall see that the entire minutes and proceedings are correctly recorded and then place it before the Chairman for his approval. The minutes having been thus approved by the Chairman will be placed in a file and will be placed in the next meeting of the Board to be read out and passed as correct by the members of a majority of them present at the meeting.

Rule 11(9)

The Registrar shall be authorised to implement the decision of the Board.
The minute book of the proceedings of the meeting and all other such record shall be kept in the custody of the Registrar.

Rule 12

Allowances etc. of Chairman and members -

Rule 12(a)

Conveyance charges shall be given to the members who are residence of the place of the meeting @ Rs. 7/- per day and the persons who are not resident of the place of meeting shall be given daily allowance of Rs. 20/- per day in addition to the only 1st Class Railway fare from their place of residence to the place of meeting and back.

Rule 12(b)

The Chairman shall be entitled to receive Rs150/- p.m. as conveyance allowance and a telephone at his residence at the cost of the Board subject to the same conditions as applicable to a Deputy Secretary to the Government.

Rule 13

Appointment of official other than Registrar:-

Rule 13(1)

The Board shall appoint officials, other than the first Registrar, with the approval of the State Government. The remuneration of such staff and their service conditions shall be fixed by the Board with the approval of the State Government The remuneration and service conditions of Registrar be fixed by the State Government time to time.

Rule 13(2)

x x x

Rule 13(3)

Till separate rules governing the remuneration and service conditions of the Registrar and other employees of the Board are framed, all rules, orders etc. made applicable by the Government of Rajasthan to its employees mutatis mutandis apply to similar categories of employees of the Board and the Registrar with the respect to recruitment, conditions of service, pay, allowance etc. and other benefits, liabilities etc. with the following modifications -

Rule 13(3)(a)

The power of the Head of Office of the Board shall be exercised by the Registrar and all other powers will be exercised by the Board.

Rule 13(3)(b)

The posts under the Board shall not be pensionable. The employees of the Board shall be governed by a scheme of contributory Provident Fund in which each employee shall contribute eight percent of his basic pay every month and the Board shall contribute an equal amount.

Rule 14

General Rules regarding travelling expenses. The following provisions shall apply in respect of the payment of travelling expenses to the Chairman and Members :-

Rule 14(1)

Such expenses shall be payable only in respect of journeys performed in connection with business of the Board including journeys performed in connection with attending the meetings of the Board or Committee thereof;

Rule 14(2)

Such expenses shall be drawn by means of a bill giving the details of each item and signed by person drawing the expenses.

Rule 15

Financial Provisions – An account shall be opened in any of the scheduled nationalized Bank in the name of the Board and all moneys of the Board shall be deposited in the Bank subject to the reservation mentioned hereafter.

Rule 16

The Registrar being the Drawing and Disbursing Officer shall receive all moneys payable to the Board. He shall not retain in his hand a sum exceeding Rs. 500/- the balance being lodged in the Bank to the credit of the Board.

Rule 17

The annual accounts shall be maintained under the supervision, direction and control of the Registrar. They shall be audited by the Local Fund Audit Department or by a Chartered Accountant.

Rule 18

In the month of September in each year or on such other date as the State Government may fix an estimate of the revenue and of the expenditure of the Board for the year commencing on 1st April next ensuing, shall be sent to the State Government.

Rule 19

Such estimate shall make provision for the fulfillment of the liabilities of the Board and for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grant as Government may allot and all fees received from registration and other sources.

Rule 20

The State Government shall consider the estimate so submitted to it and shall sanction the same either unaltered or subject to such alteration as it may deem fit.

Rule 21

The State Government may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered by the State Government in the same manner as if it were an original annual estimate.

Rule 22

The Registrar shall immediately bring into account in the general cash book all moneys received or spent by the Board.

Rule 23

All cheques on the Bank shall be signed by the Chairman and Registrar of the Board.

Rule 24

The accounts of the Board shall be maintained in the language in which accounts of the State Government are for the time being maintained.

Registration as Registered Homoeopath under Section 30 -

Rule 25(1)

Every major person entitled to be registered under section 30 and desiring to have himself/herself registered shall apply to the Registrar in Form 7 which would be made available for Rs. 2/- duly filled and signed by him. Every such application shall be accompanied with a fee of Rs. 50/- and also two certificates as proof of his past practices for more than 3 years (See Schedule 3).

Rule 25(2)

The certificates for the purpose of section 30 & 62 (Schedule 3) of the Act shall be in the Form 8 to be appended with the application form and shall be signed by a Member of Parliament or a Member of State Legislative Assembly or Zila Pramukh or Chairman Municipality or Board or Pradhan or any Gazetted Officer.

Rule 25(3)

The Registrar on being satisfied that the applicant is entitled to be registered under the Act shall cause his name to be entered in the Registrar and issue of a certificate of registration in Form 9.

Rule 25(4)

The Register of the Registered Homoeopaths under section 30 shall be maintained by the Registrar in Form 10 with a separate alphabetical index register.

Rule 25(A)

Renewal of Registration -

Rule 25(A)(1)

Every Registered Homoeopath desirous to continue to practice after the expiry of the period of 3 years from the date on which his name has been registered or after the expiry of the period of any renewal granted to him under the provisions contained in section 31 of the Act shall before such expiry, submit an application in Form 7A to the Registrar. Every such application shall be accompanied by a renewal fee of rupees twenty five for every period of three years.

Rule 25(A)(2)

On receipt of the application and the renewal fee as above within the prescribed time, the Registrar shall cause necessary entries to be made in the Register of Homoeopathy practitioners and issue to the Registered Practitioner a renewal slip in Form 9A. The practitioner shall attach this renewal slip to his certificate of registration.

Rule 25(A)(3)

Any name removed from the register under the provisions contained in section 31(2) of the Act may be restored to the Register and a renewal slip as aforesaid issued by the Registrar, subject to the following conditions :-

Rule 25(A)(3) (i)

xxx

Rule 25(A)(3) (ii)

xxx

Rule 25(A)(3) (iii)

xxx

Rule 26

Registration of Additional Qualifications -

Rule 26(1)

An application for registration of additional qualifications shall be made in Form 11 and shall be accompanied by a fee of Rs. 5/-.

Rule 26(2)

After having carried out the necessary entries with respect to the additional qualifications, the Registrar shall grant the Applicant a certificate in Form 12.

Rule 27

Appeals against the decision of Registrar : The appeals against a decision of the Registrar filed under section 30(5) shall be governed by the following provisions :-

Rule 27(1)

Such appeals shall be filed by means of a memorandum in writing signed by the appellant which shall be presented by him in person or sent through a duly authorised person or by posts so as to reach the office of the Board within the period of ninety days mentioned in section 30(5). It shall state in brief the grounds of appeal (Every such appeal shall be accompanied by a fee of Ten rupees).

Rule 27(2)

The Registrar shall maintain a register of such appeals and enter them under serial numbers. The Register should contain particulars relating to the appellant, the date of receipt of the memorandum of appeal, the result of the appeal when decided and such other particulars as the Chairman may direct to be entered therein.

Rule 27(3)

A meeting of the Board shall ordinarily be held atleast once in three months for the purpose of hearing such appeals.
Note : Nothing in this sub-rule shall be construed as preventing the Board from transacting any other business at the meeting.

Rule 27(4)

Information of the date, time and place of the meeting shall be sent in writing to the appellant in sufficient time so as to allow him a reasonable interval for attending the meeting, if he so chooses.

Rule 27(5)

At the meeting held for the purpose, the appellant shall have a right to appear personally or through a legal adviser only authorised by him to be heard.

Rule 27(6)

The provisions of the Act and the Regulations thereunder, applicable to meeting of the Board including sections shall apply to meetings held for hearing appeals under this rule.

Rule 27(7)

With reference to proceedings held before the Advisory Committee concerned under section 25, this rule shall apply to the same manner as it applied with reference to proceedings before the Board.

Rule 27(8)

Provisions of this rule shall apply as far as may be to appeals arising out of applications under section 30.

Rule 27(9)

While an appeal under this rule is heard before the Advisory Committee, the appellant shall have a right to produce oral and documentary evidence at the meeting, but the person presiding at the meeting shall have the power regulating the taking of such evidence as is regarded by him as irrelevant need not be recorded at the meeting.

Any person may inform the Board. In writing that any Registered Homoeopath has incurred the disqualification mentioned in section 36 (1) (a) & (b). Such information shall be dealt within the following manner -

Rule 28(1)(a)

Where the information is in the nature of a complaint charging the Homoeopath with professional misconduct or other infamous conduct as envisaged in clause (b) of sub-section (1) of section 36. It shall be accompanied by an affidavit attested by a Magistrate or Notary Public.

Rule 28(1)(b)

Information regarding the conviction of the Homoeopath envisaged in clause (a) shall be accompanied by either affidavit or the copy of the judgment by which the Homoeopath was convicted.

Rule 28(1)(c)

Information or complaints unaccompanied by affidavit or copy of judgments are liable to be dismissed similarly at the discretion of the Board.

Rule 28(2)

The Registrar shall place before the Board all the information and complaints, together with all other record. The Board may either enquire the matter itself or may constitute a Committee for the purpose.

Rule 28(3)

The enquiry shall cause to commence by the issue of show cause notice. Notice shall be issued by the Registrar on behalf of the Board and shall be sent to the Homoeopath by registered post. It shall specify the nature and particulars of the charge and inform him of the day on which the Board intends to deal with the case and shall call upon the Homoeopath to answer the charges in writing and to attend before the Board on such day. The notice shall be in such form as may be prescribed by the Board. The information or the complainant shall also be informed of the date appointed.

Rule 28(4)(a)

When the Homoeopath admits to the charge, the Board shall pronounce its orders forthwith.

Rule 28(4)(b)

If the Board is satisfied by the reply of the delinquent Homoeopath or the documents or other materials produced before it that no case is made out against him it shall dismiss the information or the complainant. But no such order shall be passed unless the complainant or the informant has been given the opportunity of being heard.

Rule 28(5)

Whenever the Board is of opinion that an enquiry, involving recording of evidence, has to be made it may either conduct the enquiry itself or it may entrust it to a Committee constituted for this purpose. The Board may also constitute Standing Committee for the purpose. The evidence shall be recorded in such manner is may be laid down by the Board in the regulations.

Rule 28(6)

The meetings of the Board or the Committee of enquiry shall be in camera unless otherwise directed by the Board.

Rule 28(7)

Upon conclusion of the Enquiry the Board shall pronounce its orders to the parties, if present. Otherwise the order shall be communicated to the parties by Registered Post.

Rule 28(8)

The Board may also make supplementary provisions in relation to enquiries under this rule.

Rule 29

Restoration of names to the Register- Application for re-entry in the Register of a name removed under section 38 shall be accompanied by the following documents, namely -

Rule29(a)

the applicant’s certificate, degree or diploma, if any.

Rule 29(b)

his certificate of registration in original if the same has not been already returned.
The Board may prescribed the Form of such applications.

Rule 30

Seal of the Board – The Board shall have a common seal of the following description -

Rule 30(a)

The line block of “Kirti Stambh of Chittor” accompanied by “an inscription” Similia Similibus curentur” and name of the Board i.e. “Rajasthan Board of Homoeopathic Medicine”.

Rule 30(b)

The seal shall be affixed on certificates of registration issued by the Board or Diploma, Degrees, agreements entered into by the Board and documents of any other category which may be specified by the Board.

Rule 30(c)

The seal shall be kept in the safe custody of the Registrar and he shall use it for the purposes mentioned in sub-rule (b) above.

Rule 31

Register of Practitioners -

Rule 31(a)

Under the proviso of section 62 of the Act, the Registrar shall cause to keep a separate register of such Homoeopaths who have not completed 3 years of practice on the date of commencement of the Act with the columns as provided in Form 13.

Rule 31(b)

Every Homoeopathic Practitioner eligible to be enlisted under section 62 of the Act and desiring to have himself enlisted shall apply to the Registrar in Form 14 costing Rs. two only duly filled and signed by him. Every such application shall be accompanied by a fee of Rs. 50/- (Rupees Fifty only) and two certificates as provided in rule 25(2).

Rule 31(c)

The Registrar, after making such inquiry as he deems fit, may either cause his name to be enlisted in the Register and issue certificate or. Form 15 or reject the application and communicate his decision along with ground thereof to the applicant.

Rule 31(d)

Any person aggrieved by the decision of the Registrar can appeal to the Board within 30 days from the date of such decision in accordance with rule 27(1) along with a fee of Rs. 10/-. The Board shall decide the appeal, in accordance with Appeal Rules.

Rule 32

Inspection and safe custody of documents -

Rule 32(1)

The Chairman shall be entitled to inspect all documents of the Board at any time during office hours.

Rule 32(2)

Members of the Board, other than Chairman shall be entitled to inspection of the document of the Board, on the following conditions :-

Rule 32(2)(a)

The member shall give notice of three clear working days to the Registrar.

Rule 32(2)(b)

The members shall state the document be desires to inspect premises of the Board.

Rule 32(2)(c)

Inspection shall be allowed during office hours within the premises of the Board.

Rule 32(3)

Inspection by other persons shall be allowed under the directions given or regulations made by the Board.

Rule 33

x x x

Rule 34

Delegation of powers :

Rule 34(1)

The State Government may by notification delegate all or any of its powers under the Act or these rules to any person or authority subordinate to it, subject to such restrictions limitations and conditions and subject to such control and revision by such authority as may be specified in the notification.

Rule 34(2)

The Board may, with the prior approval of the State Government, delegate any or all of its financial and administrative powers under the Act or the Rules and regulations framed thereunder to the Registrar subject to such restrictions, limitations and conditions as may be prescribed.