Section 6 in The Muslim Personal Law (Shariat) Application Act, 1937
1[The undermentioned provisions] of the Acts and Regulations mentioned below shall be repealed in so far as they are inconsistent with the provisions of this Act, namely:--
(1) Section 26 of the Bombay Regulation IV of 1827;
(2) Section 16 of the Madras Civil Courts Act, 1873 (3 of 1873);
2** * * *
(4) Section 3 of the Oudh Laws Act, 1876 (18 of 1876);
(5) Section 5 of the Punjab Laws Act, 1872 (4 of 1872);
(6) Section 5 of the Central Provinces Laws Act, 1875 (20 of 1875); and
(7) Section 4 of the Ajmere Laws Regulation, 1877 (3 of 1877).
1. Subs. by Act 16 of 1943, s. 3, for "Provisions" (w.e.f. 7-4-1943).
2. Entry (3) omitted by s. 3, ibid. (w.e.f. 7-4-1943).
Title: Short title, extent and commencement.
(1) This Act may be called the National Commission for Homoeopathy Act, 2020.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 7th October, 2020 - S. 3, 4, 5, 6, 8,11, 18, 19, 20,21, 54 and 55, vide notification No. S.O. 3475(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii).
In this Act, unless the context otherwise requires,--
(a) "Autonomous Board" means any of the Autonomous Boards constituted under section 18;
(b) "Board of Ethics and Registration for Homoeopathy" means the Board constituted under section 18;
(c) "Chairperson" means the Chairperson of the National Commission for Homoeopathy appointed under section 5;
(d) "Commission" means the National Commission for Homoeopathy constituted under section 3;
(e) "Council" means the Advisory Council for Homoeopathy constituted under section 11;
(f) "Homoeopathy" means the Homoeopathic System of Medicine and includes the use of bio chemic remedies supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare by notification from time to time;
(g) "Homoeopathy Education Board" means the Board constituted for Homoeopathy education under section 18;
(h) "licence" means a licence to practice Homoeopathy granted under sub-section (1) of section 33;
(i) "Medical Assessment and Rating Board for Homoeopathy" means the Board for assessment and rating of medical institutions constituted under section 18;
(j) "medical institution" means any institution within or outside India which, grants degrees, diplomas or licences in Homoeopathy and includes affiliated colleges and deemed to be Universities;
(k) "Member" means a Member of the Commission referred to in section 4 and includes the Chairperson thereof;
(l) "National Register" means a National Medical Register for Homoeopathy maintained by the Board of Ethics and Registration for Homoeopathy under section 32;
(m) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "President" means the President of an Autonomous Board appointed under section 20;
(p) "regulations" means the regulation made by the Commission under this Act;
(q) "State Medical Council" means a State Medical Council of Homoeopathy constituted under any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of Homoeopathy;
(r) "State Register" means a State register for Homoeopathy maintained under any law for the time being in force in any State or Union territory for registration of practitioners of Homoeopathy;
(s) "University" shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes a health university.
Title: Constitution of National Commission for Homoeopathy.
(1) The Central Government shall, by notification, constitute a Commission, to be known as the National Commission for Homoeopathy, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.
Title: Composition of Commission.
(1) The Commission shall consist of the following persons, namely:--
(a) a Chairperson;
(b) seven ex officio Members; and
(c) nineteen part-time Members.
(2) The Chairperson shall be a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in Homoeopathy from a recognised University and having experience of not less than twenty years in the field of Homoeopathy, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of Homoeopathy or its education.
(3)The following persons shall be appointed by the Central Government as ex officio Members of the Commission, namely:--
(a) the President of the Homoeopathy Education Board;
(b) the President of the Medical Assessment and Rating Board for Homoeopathy;
(c) the President of the Board of Ethics and Registration for Homoeopathy;
(d) Advisor (Homoeopathy) or Joint Secretary to the Government of India in-charge of Homoeopathy, in the Ministry of AYUSH;
(e) the Director, National Institute of Homoeopathy, Kolkata;
(f) the Director, North Eastern Institute of Ayurveda and Homoeopathy, Shillong; and
(g) the Director-General, Central Council for Research in Homoeopathy, Janakpuri, New Delhi.
(4) The following persons shall be appointed by the Central Government as part-time Members of the Commission, namely:--
(a) three Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in the areas of Homoeopathy, management, law, health research, science and technology and economics;
(b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council for a term of two years in such manner as may be prescribed.
(c) six members to be appointed from amongst the nominees of the States and Union territories, under clause (d) of sub-section (2) of section 11, of the Advisory Council for a term of two years in such manner as may be prescribed:
Provided that no Member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or non-government medical institution which is regulated under this Act.
Explanation.--For the purpose of this section and section 19, the term "leader" means the Head of a Department or the Head of an Organisation.