The Assam Homeopathic Medicine Act, 1955
TH E ASSAM HO MEO PA TH IC ME DICINE

ACT, 1955

(Passed by the Assembly;

**(Receiv ed the as se nt of the Governor on the 14th June 1955)**

[Published in the _Assam Gazette, dated the 22nd June 1955]_

_An_

_Ac t_

_to provide fo r the development o f the Homeopathic system of_

_medicine and its control by the State Government in Assam ._

Preamb le. Whereas it is expedient to provide for the deve­

lopment of the Homeopathic system of medicine and
its control by the State Government in Assam ;

It is hereby enacted in the 6th year ol our

Rep ub lic :

Sh ort title, 1. (() This Act may be called the Assam Hom eo-

commence- *extent an d p a thic Medicine Act, 1955.
ment. (li) It extends to the whole of Assam.

(m) It shall come into force on such date as

may be notified by Government.

Definitions. 2 . In this Act, unless there is anything repugnant

in the subject or context—

(a) “ Board” means the Board of Homeopathic

Medicine constituted under sections 3 and 1 of this

Act.

(6) “ Chairman” means the Chairman of the

Boa rd.

(e) “ Homeopathy” means the system of medi­

cine founded by Dr. Hahnem ann and the expression
“ Homeopathic” shall be construed accordingly.

(d) “Member” means a member of the Board.
(e) “ Prescribed” means prescribed by rules

framed under this Act.

_( f ) ‘‘Registered Homeopath” means a person_

who practises the Hom eopath system of

medicine as his principal occupation and
who is registered under the provision of
the Act.

_(g) “ Register” means the register of Hom eo­_

pathic medical practitioners.

(Zt) “ Registrar” means the Registrar appointed

under this Act.

3. (I) The State Government may, as soon as

Constitution
of the First may be, by notification in the Official Gazette consti­
and subse­ tute a Board, to be called “ the Board of Homeopathic
quent System of Medicine, Assam .” The Board shall be a
Boards. body corporate and have perpetual succession and a

com mon seal a nd may by the said nam e sue and be
sued.

_[Price annas 2 or 2 d.]_


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(2) The Board shall consist of 11 members includ­

ing the Chairman and shall be constituted in the
following m anner, _viz.,_

_(a) Four_ Hom eopaths to be elected by the

Registered Hom eopaths of the State,

(£) Three members of the Legislative Assembly to

be nominated by Government,

(c) Two members of the Registered medical

practitioners of the State to be nominated by Govern­
ment,

(rf) One mem ber from the public having interest

in Homeopathy to be nom inated by[v]Government, and

_{e) the Director of Health Services :_
Provided that for the first Board all the non-official

members shall be nominated by Government.

The Director of Health Services shall be the

_Ex-officio Chairm an of the Board._

(3) The First Board shall be constituted

within six m onths from the date the Act comes into
force, and the names of the members shall be
published in the official Gazette and such Board

shall function for a period of three years.

Form ation **4.** Each subsequent Board shall function for a

and Life of period of three years from the date of its constitution
Boards'[1]' [111 ] a n c * t i l e m a n n e r election and nom ination of

members to it shall be such as may be prescribed.

Compulsory 5. Within one year from the date of the Gazette

Registra- notification of the constitution of the Board a person

tion. practising Homeopathy shall rep ort his nam e, address
and qualification to the Chairman of the Board for the
purpose of registering his nam e in the manner

provided hereafter.

M a i n t e - 6. (1) The First Board shall, as soon as conve-

nance of the niently after its constitution and not later than two
Register. years from the enforcement of this Act, make orders
regulating the maintenance of a Register of Homeo­
paths

(2) After the completion of the Register the names

of the Hom eopaths eligible for practice in Hom eopathy
shall be published in the official Gazette.

(3) The Register shall be kept in such form as

may be prescribed.

Appoint­

7. Th e First Board shall with the previous appro ­

ment of the
Registrar val of Government, appoint a Registrar who shall be
and Staff. the Secretary to the Board, and also appoint the staff

necessary for carrying out the purposes of the Act.

Duties, 8. The duties, salary and allowances and such
salary and other matter relating to the Registrar and the staff

allowances
of the Regis­ shall be such as m ay be prescribed.
trar and

staff.

Two catego- 9. There shall be two classes of Registered

rics of Ho- Homeopaths, _viz-, Class ‘A’ and Class ‘B’._

meopaths.


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Glass ‘A’.—(t) One who is a registered medical

practitioner under the Assam Medical Act, 1916 prac-
tising exclusively Hom eopathy ; °

(it) One who is a Hom eopathic medical practition ­

er holding degree from a foreign country which en­
titles him to practise medicine in his country subject to

the condition that the institution is approved as suit­
able for the purpose by the Board of Homeopathic

Medicine ;

_(iii) One who is a Homeopathic medical_ prac­

titioner who has successfully gone through at least
four years’ course in any Homeopathic institution

recognised by the State in which the institution is situ­
ated and holding a Diploma or a Certificate .from the
institution, subject to the condition that the standard
of qualification is not lower than the standard that
would be required for registration by the Assam
Homeopathic Medical Board.

Class ‘B’.—One who has been engaged in the

practice of Homeopathic system of medicine as the
principal occupation for a period of not less than five
years immediately before the date of the coming into
force of this Act.

Fees for Re­ 10(1) If it appears to the Board that a person

gistered is qualified to have his nam e entered in the

' Homeopaths. Register as a Class ‘A’ "Registered Homeopath”

his nam e shall be so entered on payment of a sum of
Rs. 20 (twenty) as first annual fees; and if he

is qualified to have his name entered in the Register
as a "Class ‘B’ Registered Homeopath” his name

shall be so entered on payment of Rs. 15 (fifteen)
as first annual fees. _■Js_

On payment of the first annual fees the "Regis­

tered Homeopath” shall receive Licenses to practise
Homeopathy in the State of Assam.

(2) The subsequent ann ual renewal fees for a

"Registered Ho meopath” shall be Rs. 10 and Rs. 5
for Class ‘A’ and Class [C]B’ respectively.

(3) The method and time of depositing License

fees by the "Registered” Hom eopaths and the

contents and the form of the Licenses to practise
shall be such as may be prescribed.

11. After the publication of the names of

Homeopaths under section 6 of the Act and after
such time as the State Government shall, by noti­
fication **in** the official Gazette, announce, no person
oth er than a "R egistered” Homeopath holding a

license to practise as hereinbefore provided, shall

practise the H omeopathic system of medicine.

Penalty for 12. Any person who acts in contravention of

practice of section 11 shall, on conviction be punishable with

Homeopathy fjn e w hich may extend to Rs. 200 (two hundred)

risednaU per- **f° r** ®r s t offence and upto Rs. 500 (five hundred)

sons. for every subsequent offence.


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Con ferring, 13, (1) No person other than an association

fs^uin'[18 Cr ] OI in s t *t u t i° n recognised or authorised by the Board

dip loma, under this Act shall confer, grant or issue or hold

license, etc ,, itself out as entitled to confer, grant or issue any

byunauth o- degree, diploma, license, certificate or other document

or^ns^itu-[nS s t a t i n] S o r implying that the holder, guarantee, or

tion s. recipient is qualified to practise the Homeopathic

system of medicine.

Pe na lty . Whoever contravenes the provisions of this

section shall be punishable with fine, which may

extend to Rs. 500 (live hu nd red).

False 14. Whoever voluntarily and falsely assumes

ofSdegreen o r u s e s a n y t i t , e o r description o r any addition to his

dip loma or name implying that he holds a degree, diploma,

certificate, license or certificate conferred, grante d or issued by

io be an any association or institution recognised or authorised

offence. by t jje j>o a rc [i ] u n [der this Act or that he is qualified to]

practise the Homeopathic system of medicine under
the provisions of this Act, shall be punishable with fine
which may extend to Rs. 200 (two hundred) for the
first offence under this section and to a fine which may
extend to Rs. 500 (five hundred) for every subsequent
offence.

tiffc Fu nd" 1 5 ’ There shall be established a Fund for the

1 ' ’ Board and there shall be placed to the credit thereof.

(a) grants and loans if any received from the

State G ov ernm en t;

(Z>) all fees received by the Board on account of

registration of Hom eopaths, admission

to the Board’s examinations and licensing
of firms lor sale of drugs under the Act ;

(c) contributions if any received from any local

authority or any Homeopathic Medical
Association ; and

_(d) all sums received by or on behalf of the_

Board from sources other than those

mentioned in the foregoing clauses.

16. (1) The State Government may at its

discretion place a lump sum allotm ent a t the disposal
of the Board every year for distribution according to
rules to the Hom eopathic dispensaries and education­
al institutions in Assam and other suitable purposes
connected with the aims and objects of the Act.

(2) The Board shall administer, subject to con­

ditions, any fund placed at its disposal by the State
Government for specific purposes.

17. The Fund for the Board shall he kept in a

Bank with the previous sanction of the State

Government.

Appeals to 1 8 ’ (!) A n a PPe a l s h a U He to the State

sta te Gov- Government from every decision of the Board under

ernm en t this Act.

from deci- (2) Every appeal under sub-section (1) shall be

Board.[0] preferred within thirty days of the date of such deci­

sion.


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Bar to suit 19, (1) No suit or other legal proceeding shall lie

and other a g a j l i s t th e State Government in respect of an act _'S_

ce^dings'[r] ° done in the exercise of the powers conferred by

this Act.

(2) No suit or other legal proceeding shall be

maintainable against the Board or any member or
any officer or servant ol the Board or any person act­
ing under the direction of the Board or of the Chair­
man or of any officer or servant of the Board in res­
pect of anything done under this Act, lawfully and in
good faith and with reasonable care and attention.

Control ol 20. If at any time it shall appear to the

State* Gov" State Government that the Board has failed to exer
ernment. cise [o r] has exceeded or abused a power conferred upon
it by or under this Act, the State Government may,

if it considers such failure, excess, or abuse to be of
serious character, notify the particulars thereof to the
Board ; and if the Board fails to remedy such default,
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 exer­
cised and performed by such agency and for such
period as it may think fi t:

Provided that it shall take steps within six months

to constitute a new Board under the provisions of this
Act.

Court com­ 21. (1) No court other than the court of a
petent to Magistrate of the first class shall take cognizance of, or

try offences try an offence under this Act.
under this

Act and take (2) No court shall take cognizance of
cognizance any offence under this Act except on a com plaint in

of offences.

writing of an officer not below the rank of a Sub-

Inspector of Police.

Deleg ation. 22. The State Government or the Board may

of powers. delegate such of its powers and to such authority as

the State Government or the Board, as the case may
be, deem necessary.

Making of 23. Subject to the previsions of this Act and

Regulations. t o th e r u ie s framed by the State Government there­

under, the Board may frame regulations lor regulating
the following matters, namely—

(1) (a) conditions on which educational or ins­

tructional institutions may be affiliated to
or recognised by the Board ;

_(V) the admission of students to such educa­_

tional or instructional institutions ;

(c) the conditions under which students shall

be admitted to the examinations of the
Board for the purpose of degrees, diplo­
mas and certificates ;


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ments of teachers of the educational or
instructional institutions affiliated to the X ,
Board ;

(«) 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 ;

( / ) the conditions and modes of appoint­

ment and duties of examiners and the

conduct of examinations. \ / /

(2) (a) Th e time and place at which the meeting

shall be held ;

(6) the issue of notices convening such

meetings ;

(c) the conduct of business there at ;

(</) the salary, allowances and oth er condi­

tions of service of officers and servants of
the Board other than the Registrar;

!>) all other matters which may be necessary

for the purposes of carrying out the ob­

jects of this Act ;

(3) all such regulations shall be published in

the official Gazette;

(4) the State Government may, by notification in

the official Gazette, cancel or modify any regulation.

Rules. 24. (1) The State Government may, from

time to time, make rules consistent with this Act for
carrying out the purposes of this Act.

(2) In particular, and without prejudice to the

generality of the foregoing power, the State Govern­
ment may make rules for any of the following matters—

(c) the time at which and the place and

manner in which election shall be held
and nom ination m ade under this Act ;

(6) regulation of elections under this Act ;
(c) the conduct of the maintenance of correct

minutes of meeting of the Board ;

(</) the manner in which vacancies of office

bearers and members of the Board shall be

filled ;

(<>) the privileges, salary and allowances and

other conditions of service of the Registrar ;

( / ) the accounts to be kept by Boards, the

manner in which accounts shall be audited
and published and the power of auditors
in respect of disallowance and surcharge;

_(g) the date before which a meeting shall be_

held for the sanction of the budget;

_(h) the method and forms to be adopted in the_

preparation of the budget ;

(i) the returns, statements and reports to be

submitted by Boards ;


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### (j ) the form of Register of hom eopaths to be

X maintained under this Act ;

(A) the application of fees charged under this

Act ;

### (l) the manner in which appeals against the

decision of the Board shall be heard ;

(m) allowances if any payable to members of

the Board and its Chairman ;

(?z) remuneration to be paid to the Ch airm an ;

(o) the furtherance of any objects of the Board

as a teaching or examining body ;

### ( p) maintenance of a patient register by prac­

titioners in the prescribed form ;

(9) delegation of power by the State Govern­

ment and by the Board ;

(r) the furtherance of any other objects of the

Act,

I

I

**A, G. P. (Leg.) No.15/55— 1050—6-12-1955,**


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