Section 7 in The National Commission for Homoeopathy Act, 2020
Title: Removal of Chairperson and Members of Commission.
(1) The Central Government may, by order, remove from office the Chairperson or any other Member, who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(f) has so abused his position as to render his continuance in office prejudicial to public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.
Title: Appointment of secretary experts, professionals officers and employees of Commission.
(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5.
(2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed.
(3) The Secretary shall be appointed by the Central Government for a term of four years and he shall not be eligible for any extension or re-appointment.
(4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission and as may be specified by regulations made under this Act.
(5) The Commission may appoint such officers and other employees, as it considers necessary, against the posts created by the Central Government for the efficient discharge of its functions under this Act.
(6) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission shall be such as may be prescribed.
(7) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of Homoeopathy and experience in fields including medical education in Homoeopathy, public health, management, economics, accreditation, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the Commission in the discharge of its functions under this Act.
Title: Meeting of Commission.
(1) The Commission shall meet at least once every quarter at such time and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any Member being the President of the Autonomous Boards, nominated by the Chairperson shall preside at the meeting.
(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the Chairperson or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the Commission shall vest in the Chairperson.
(5) No act or proceeding of the Commission shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person acting as a Chairperson or as a Member.
(6) A person who is aggrieved by any decision of the Commission, except the decision rendered under sub-section (4) of section 31, may prefer an appeal to the Central Government against such decision within fifteen days of the communication of such decision.
Title: Power and functions of Commission.
(1) The Commission shall perform the following functions, namely:--
(a) lay down policies for maintaining a high quality and high standards in education of Homoeopathy and make necessary regulations in this behalf;
(b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf;
(c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements;
(d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Homoeopathy;
(e) ensure coordination among the Autonomous Boards;
(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of Homoeopathy of the guidelines framed and regulations made under this Act for their effective functioning under this Act;
(g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards;
(h) make regulations to ensure observance of professional ethics in Medical profession and to promote ethical conduct during the provision of care by medical practitioners;
(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be Universities which are governed under the provisions of this Act.
(j) exercise such other powers and perform such other functions as may be prescribed.
(2) All orders and decisions of the Commission shall be authenticated by signature of the Secretary and the Commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the Secretary.
(3) The Commission may constitute sub-committees and delegate such of its powers to them as may be necessary to enable them to accomplish specific tasks.
Title: Constitution and composition of Advisory council for Homoeopathy.
(1) The Central Government shall, by notification, constitute an advisory body to be known as the Advisory Council for Homoeopathy.
(2) The Council shall consist of a Chairperson and the following Members, namely:--
(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council;
(b) every Member of the Commission shall be ex officio member of the Council;
(c) one Member, to represent each State, who is the Vice-Chancellor of a University in that State, possessing qualifications in Homoeopathy, to be nominated by that State Government, and one member to represent each Union territory, who is the Vice- Chancellor of a University in that Union territory, possessing qualifications in Homoeopathy, to be nominated by the Ministry of Home Affairs in the Government of India:
Provided that where the Vice-Chancellor possessing qualifications in Homoeopathy is not available, a Dean or Head of Faculty possessing qualifications in Homoeopathy shall be nominated;
(d) one member to represent each State and each Union territory from amongst elected members of the State Homoeopathy Medical Council, to be nominated by that State Medical Council;
(e) the Chairman, University Grants Commission;
(f) the Director, National Assessment and Accreditation Council;
(g) four Members to be nominated by the Central Government from amongst persons holding the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institute of Science;
(h) the terms of non-ex officio Members in the Council shall be four years.