Section 55 in The National Commission for Homoeopathy Act, 2020

Title: Power to make regulations.

Description: (1) The Commission may, by notification, make regulations consistent with this Act and the rules made there under to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8; (c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9; (d) the quality and standards to be maintained in education of Homoeopathy under clause (a) of sub-section (1) of section 10; (e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10; (f) the manner of regulating functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10; (g) the procedure to be followed at the meetings of the Medical Advisory Council, including the quorum at its meetings under sub-section (3) of section 13; (h) the other languages in which, the designated authority through which, and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14; (i) the manner of conducting common counseling by the designated authority for admission to medical institutions under sub-section (3) of section 14; (j) the other languages in which, the designated authority through which, and the manner in which, the National Exit Test shall be conducted under sub-section (2) of section 15; (k) the manner in which a person with foreign medical qualification shall qualify National Exit Test under sub-section (4) of section 15; (l) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16; (m) the manner of conducting common counseling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16; (n) the manner of conducting the National Teachers' Eligibility Test for Homoeopathy and the designated authority through whom such test shall be conducted under sub-section (2) of section 17; (o) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 23; (p) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) of section 24; (q) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26; (r) the manner offsetting up of medical institutions for imparting undergraduate, postgraduate and super-specialty courses in Homoeopathy under clause (c) of sub-section (1) of section 26; (s) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26; (t) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Homoeopathy under clause (e) of sub-section (1) of section 26; (u) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27; (v) the procedure for assessment and rating of the medical institutions under clause (a) of subsection (1) of section 28; (w) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28; (x) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28; (y) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28; (z) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28; (za) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2) of section 29; (zb) the manner of preferring an appeal to the Commission for approval of the scheme under subsection (5) of section 29; (zc) the areas in respect of which criteria may be relaxed under the proviso to section 30; (zd) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Homoeopathy, under sub-section (2) of section 31; (ze) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 31; (zf) other particulars to be contained in a National Register under sub-section (1) of section 32; (zg) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 32; (zh) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 32; (zi) the manner of entering the title, diploma or qualification in the State Register or the National Register under sub-section (3) of section 33; (zj) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the second proviso to sub-section (1) of section 34; (zk) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35; (zl) the manner of examining the application for grant of recognition under sub-section (3) of section 35; (zm) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35; (zn) the manner of including a medical qualification in the list maintained by the Board under subsection (6) of section 35; (zo) the manner in which the Homoeopathy Education Board shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (8) of section 35; (zp) the manner in which the Commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36.

Title: Rules and regulations to be laid before Parliament.

Description: Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it isin session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation.

Title: Power to remove difficulties.

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary, for the removing of the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

Title: Repeal and saving.

Description: (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, the Homoeopathy Central Council Act, 1973 (59 of 1973) shall stand repealed and the Central Council of Homoeopathy constituted under section 3 of the said Act shall stand dissolved. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,-- (a) the previous operation of the Acts so repealed or anything duly done or suffered there under; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed. (3) On the dissolution of the Central Council of Homoeopathy, the person appointed as the Chairman of that Council and every other person appointed as the Member and any officer and other employees of the Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of term of their office or of any contract of service: Provided that any officer or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy appointed on deputation basis to the Central Council of Homoeopathy, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the case may be: Provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the Central Council of Homoeopathy employed on regular basis or on contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of the Central Council and shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months’ pay and allowances, as may be prescribed. (4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the Homoeopathy Central Council Act, 1973 (59 of 1973) which are in force as on the date of commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made there under.

Title: Transitory provisions.

Description: (1) The Commission shall be the successor in interest to the Central Council of Homoeopathy including its subsidiaries or owned trusts and all the assets and liabilities of the Central Council of Homoeopathy shall be deemed to have been transferred to the Commission. (2) Notwithstanding the repeal of the Homoeopathy Central Council Act 1973, the educational and medical standards, requirements and other provisions of the Homoeopathy Central Council Act, 1973 and the rules and regulations made there under shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made there under: Provided that anything done or any action taken as regards the educational and medical standards and requirements under the enactment under repeal and the rules and regulations made there under shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this Act. (3) The Central Government may take such measures, as may be necessary, for the smooth transition of the dissolved Central Council of Homoeopathy to the corresponding to new Commission under this Act.

The National Commission for Homoeopathy Act, 2020