Section 57 in The National Commission for Homoeopathy Act, 2020

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may, by notification, appoint in this behalf, the Homoeopathy Central Council Act, 1973 (59 of 1973) shall stand repealed and the Central Council of Homoeopathy constituted under section 3 of the said Act shall stand dissolved.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the repeal of the Act referred to in sub-section (1), it shall not affect,-- (a) the previous operation of the Acts so repealed or anything duly done or suffered there under; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed.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.

Title: Short title, extent and commencement.

Description: (1) This Act may be called the National Commission for Indian System of Medicine 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. 3483(E), dated 7th October, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "Autonomous Board" means any of the Autonomous Boards constituted under section 18; (b) "Board of Ayurveda" means the Board constituted under section 18; (c) "Board of Ethics and Registration for Indian System of Medicine" means the Board constituted under section 18; (d) "Board of Unani, Siddha and Sowa-Rigpa" means the Board constituted under section 18; (e) "Chairperson" means the Chairperson of the National Commission for Indian System of Medicine appointed under section 5; (f) "Commission" means the National Commission for Indian System of Medicine constituted under section 3; (g) "Council" means the Advisory Council for Indian System of Medicine constituted under section 11; (h) "Indian System of Medicine" means the Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine 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; (i) "licence" means a licence to practice any of the Indian System of Medicine granted under sub-section (1) of section 33; (j) "Medical Assessment and Rating Board for Indian System of Medicine" means the Board constituted under section 18; (k) "medical institution" means any institution within or outside India which, grants degrees, diplomas or licences in Indian System of Medicine and includes affiliated colleges and deemed to be Universities; (l) "Member" means a Member of the Commission referred to in section 4 and includes the Chairperson thereof;\ (m) "National Register" means a National Medical Register for Indian System of Medicine maintained by the Board of Ethics and Registration for Indian System of Medicine under section 32; (n) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (o) "prescribed" means prescribed by rules made under this Act; (p) "President" means the President of an Autonomous Board appointed under section 20; (q) "regulations" means the regulations made by the Commission under this Act; (r) "State Medical Council" means a State Medical Council of Indian System of Medicine 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 Indian System of Medicine in that State or Union territory; (s) "State Register" means a State Register for Indian System of Medicine maintained under any law for the time being in force in any State or Union territory for registration of practitioners of Indian System of Medicine; (t) "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.

The National Commission for Homoeopathy Act, 2020