(1) Subject to the provision of this section, with effect on and from the date notified under sub-section (1) of section 3 (hereinafter referred to as ―the notified day‖)-
(a) the Bombay Homoeopathic Act, 1951, in its application to be Bombay area of the State of Gujarat, shall be repealed;
(b) the Board of Homoeopathic System of Medicine constituted for the Bombay area of the State of Gujarat under section 3A of the Act so repealed shall stand dissolved and all the members of the said Board shall vacate office and on such dissolution the following consequences shall ensue, that is to say;-
(i) all rights of the said Board (hereinafter in this section referred to as the ―dissolved Board‖), shall vest in the Council constituted under section 3 of this Act (hereinafter in this section referred to as ―the Council‖);
(ii) all the property, movable or immoveable which on the day immediately preceding the notified day vested in the dissolved Board shall, subject to all limitation and conditions as were in force on the day immediately preceding the notified day, vest in the Council;
(iii) all sums due to the dissolved Board on any account shall be recoverable by the Council which shall be competent to take any measure of institute any proceeding which it would have been open to the dissolved Board to take or institute if this Act had not come into operation;
(iv) all debts, liabilities and obligations incurred by, or on behalf of, the dissolved Board before the notified day and subsisting on the said day, shall be deemed to have been incurred by the Council in exercise of powers conferred on it by this Act and shall continue in operation accordingly;
(v) all proceedings and matters pending before any authority or officer immediately before the notified day under the Act so repealed shall be deemed to be transferred to, and continue before, the authority competent under this Act to entertain such proceedings and matters;
(vi) all prosecutions instituted by, or on behalf of, the dissolved Board and all suits and other legal proceedings instituted by, or against, the dissolved Board or any officer of such Board on behalf of the dissolved Board pending on the notified day, shall be continued by, or against, the Council.
(vii) all officers and servants in the employ of the dissolved Board immediately before the notified day, shall be officers and servants employed by the Council and shall, until provision is otherwise made in accordance wit the provisions of this Act, receive salaries and allowances, and be subject to the conditions of service or retirement benefits, which they were entitled or subject to immediately before the notified day:
Provided that-
(i) the service rendered by the officers and servants before the notified day shall be deemed to be service rendered under the Council;
(ii) the conditions of service of any such officer or servant as applicable immediately before the notified day shall not be varied Indemnity to persons acting unde the Act.
Repeal and saving and dissolution of board of Homeopathic System Medicine.
Bom. XLV III of 1951.
The Gujarat Homoeopathic Act, 1963 1963 : Guj. XXXVI] to his disadvantage by the Council except with the previous approval of the State Government;
(iii) if in the opinion of the Council, the services of any officer or servant are not necessary or suitable to the requirements of service under it, it may, with the previous approval of the State Government, discontinue the service of any such officer or servant and any officer or servant whose services are to be discontinued shall be entitled to receive from the Council such leave, pension, gratuity or other retirement benefits as he would have, had this Act not been passed, been entitled to receive on being invalided out of service, and may receive such additional sum by way of compensation as the Council may, with the sanction of the State Government, determine.
(2) Part A, Part B and Part C of the register duly maintained under the Bombay Homoeopathic Act, 1951 (hereinafter in this section referred to as the ―repealed Act‖) and in force immediately before the notified day in the Bombay area of the State shall be deemed to be the register prepared and maintained under this Act, until the register is prepared under section 17.
(3) Anything done or action taken and any right, liability or obligation acquired accrued or incurred by any person or authority under the repealed Act and not covered by the foregoing provisions of this Act, be deemed respectively to have been done, taken acquired, accrued or incurred by the person or authority entitled thereto or liable therefore, as the case may be, under the corresponding provisions of this Act.
(4) The rules and regulations made under the repealed Act and in force immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to be made under this Act in relation to the whole of the State of Gujarat and shall continue in force accordingly until they are superseded by anything done or any action taken under this Act.
41. The Bombay Homoeopathic and Biochemic Practitioners, Act, 1959 is hereby repealed.
42. If any difficulty, arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it necessary or expedient for the purpose or removing the difficulty.
43. The provisions of the Bombay Medical Practitioners Act, 1938, and of the said Act as adapted and applied to the Saurashtra area of the State of Gujarat and as extended to the Kutch area of the State of Gujarat specified in column 1 of the Second Schedule shall be amended in the manner and to the extent specified in column 2 of the said Schedule.
5[FIRST SCHEDULE] RECOGNISED QUALIFICATIONS [See section 2(13), 15(1)(i) and (o), 17(3) and 30].
1. Licentiate of the Court of Examiners in Homeopathy (L.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951.
2. Graduate of the Court of Examiners in Homeopathy (G.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951.
3. Fellow of the Court of Examiners in Homeopathy (G.C.E.H.) constituted under the Bombay Homoeopathic Act, 1951.
4. Any degree, diploma, certificate or like award in Homoeopathy granted by the Council constituted under this Act.
SECOND SCHEDULE (See section 43.)
PART I.
Amendments of the Bombay Medical Practitioners Act, 1938 Bom. XLV III of 1951.
Repeal of Bom. XII 1960.
Power to remove difficulties.
Bom. XII of
1960.
Amendment of Bom. XXVI of 1938 and that Act as applied to Saurashtra to Kutch areas of the State.
Bom. XXVI of
1938.
The Gujarat Homoeopathic Act, 1963 1963 : Guj. XXXVI] Provisions Amendments of the Act 1 2 Section 32 (a) After the words and figures ―in the list mentioned in section 18‖ the following shall be inserted, namely:- ―or (iv) a person whose name is entered in the register or list under the Gujarat Homoeopathic Act, 1963.‖ Section 33 (a) After the words and figures ―Bombay Medical Act, 1912‖ the words and figures ―or a practitioner whose name is entered in the register or list under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
(b) In the marginal note, after the words and figures ―and Bom. VI of 1912‖ the words and figures ―or Gujarat Homeopathic Act, 1963‖, shall be inserted.
Section 35 In sub-section (1), after the words and figures ―the Bombay Medical Act, 1912‖ at both the places where they occur, the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
Section 36 In clause (e), after the words, ―or the Unani System of Medicine,‖ at both the places where they occur, the words ―or the Homoeopathic system of medicine‖ shall be inserted.
Section 37 In clause (i), after the words and figures ―Bombay Medical Act, 1912‖ the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
PART II.
Amendments of the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938) as adapted and applied to the Saurashtra area of the State of Gujarat.
Provisions Amendments of the Act 1 2 Section 32 (a) After the words and figures ―in the list mentioned in section 18‖ the following shall be inserted, namely:- ―or (iv) a person whose name is entered in the register or list under the Gujarat Homoeopathic Act, 1963.‖
(b) In the marginal note, after the words and figures ―under Bom. VI of 1912,‖ the words and figures ―or Gujarat Homoeopathic Act, 1963‖ shall be inserted.
Section 33 (a) After the words ―as adapted‖, the following shall be inserted, namely:- ―or a practitioner registered under the Gujarat Homoeopathic Act, 1963.‖
(b) In the marginal note, after the words ―as adapted‖ the words and figures ―or Gujarat Homeopathic Act, 1963,‖ Section 35 In sub-section (1), after words ―as adapted‖ at both the places where they occur, the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖, shall be inserted.
Section 36 (a) In clause (e), for the words ―Homoeopathic or any other‖ the word ―any‖ shall be substituted and after the words ―Indian Systems of medicine‖ the words ―or the Homoeopathic System of medicine‖ shall be inserted.
(b) In sub-clause (ii) of the said clause, after the words ―under this Act,‖ ―the words‖ or the Homoeopathic system of medicine‖ shall be inserted.
Section 37 In clause (i), after the words ―as adapted‖ the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
The Gujarat Homoeopathic Act, 1963 1963 : Guj. XXXVI]
PART III.
Amendments of the Bombay Medical Practitioners Act, 1938 (Bom. XXVI of 1938) as expended to the Kutch area of the State of Gujarat.
Provisions Amendments of the Act 1 2 Section 32 (a) After the words and figures ―in the list mentioned in section 18‖ the following shall be inserted, namely:- ―or (iv) a person whose name is entered in the register or list under the Gujarat Homoeopathic Act, 1963.‖
(b) In the marginal note, after the words and figures ―under Bom. VI of 1912‖ the words and figures ―or Gujarat Homoeopathic Act, 1963‖ shall be inserted.
Section 33 (a) After the words and figures ―Bombay Medical Act, 1912‖ the words and figures ―or a practitioner whose name is entered in the register or list under the Gujarat Homoeopathic Act, 1963,‖ shall be inserted.
(b) In the marginal note, after the words and figures ―under Bom. VI of 1912‖ the words and figures ―or Gujarat Homoeopathic Act, 1963‖ shall be inserted.
Section 35 In sub-section (1), after the words and figures ―the Bombay Medical Act, 1912‖ at both the places where they occur, the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
Section 36 (a) In clause (e), for the words beginning with the words ―who practices‖ and ending with the words ―such person‖ the words ―who practices any therapeutically system other than the system of the Western Medical Science or the Ayurvedic System of Medicine or the Unani system of Medicine or the Homoeopathic system of Medicine, provided that such person‖ shall be substituted.
(b) In sub-section (ii), after the words and figures ―Indian Medical Degrees Act, 1916‖ the words ―or the Homeopathic system of medicine,‖ shall be inserted.
Section 37 After the words and figures ―Bombay Medical Act, 1912‖ the words and figures ―or under the Gujarat Homoeopathic Act, 1963‖ shall be inserted.
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Part V, May 1963, p.
243. This Act was Amended by the ………… on … October, 1963.
1a. Clauses (a) and (b) were substituted by Guj. 16 of 2008, s. 2(1).
1b. Clause (c) was deleted, ibid., s. 2(2).
1c. These words were substituted for the words ―on payment of a fee of rupees twenty-five‖ , ibid., s. 3.
2. These words, figures and letters were substituted by Guj. 22 of 1965, s. 2.
3. These words, figures and letters were substituted by Guj. 22 of 1965, s. 3.
4. Sub-section (2) was substituted by Guj. 6 of 1967. s. 2.
5. These words were substituted by Guj. 6 of 1967, s. 3.