(1) The Council may appoint such number of Inspectors to inspect the institutions and their exami nations as it may deem fit and such Inspectors sha11' be paid such fee as may be prescribed.
(2) Such Inspectors shall, in accordance with any general or special directions of the Council given from time to time, inspect the institutions established by or affiliated to the Council and report to the Coun cil in regard to the courses of study pursued and train ing imparted at every institution which they inspect and on any other matters with regard to which the Council may require them to report.
· 21. ( 1) The Council shall by regulations- ( a) recognise institutions as required under paragraph (2) of Schedule I ;
(b) prescribe the course of training and qualifying examinations including the examina- ~ tions prior to qualifying examinations ;
(c) provide that instruction and examinations shall as far as possible be given or held in the languages specified in the regulations.
(2) A qualifying examination shall be an exami nation in the Homoeopathic System held for the pur• pose of granting a diploma, d~gree or certificate con ferring the .right of registration under this Act· by • 1965 : Pb. Act 16] PUNJAB HOMOEOPATHIC PRACTITIONERS 713 any of the Institutions which on the recommendations of the Council may be specified by the State Govern ment by notification as being authorised to hold a qualifying examination.
(3) It shall be the duty of the Council to secure the maintenance of an adequate standard of proficien cy for the practice of Homoeopathic System. For the purpose of securing such a standard the Council shall have authority to call on the governing body or authodties of any institution giving instruction in th~ Homoeopathic System and on any examining body authorised or desirous of being authorised under sub section (2)-
(a) to furnish such particulars as the Council shall require of and course of study pres cribed by regulations or examination held by such body or authority or in any school or college thereof with reference to the grant of any qualifiications ; and
(b) to permit Inspectors appointed by the Coun cil from amongst the registered practition ers in this behalf to attend and be present at all or any of the qualifying examina tions.
(4) An Inspector shall not interfere with the conduct of any examination, but it shall be his duty to report to the Council his opinion as to the sufficiency or insufficiency of every examination which he attends and any other matter in relation to such examination on which the Council may require him to report .
(5) Eve.ry qualifying examination and every prior examination leading up to it held by the bodies or institutions authorised under this section shall be .inspected by the Inspector at least once in two years and more frequently if the Council so directs.
( 6) The Council shall forward a copy of every such report to the body which held the examination in respect of which the said report was made and shall also forward a copy of such report, together with 714 I PUNJAB HOMOE01THIC PRA:CTITIONERS [1965 : Pb. Act 16 any observations thereon made by the said body, to the State Government. I · ~em_oval of i~s- 22. If it appears to the State Government on the titutwn aut-hori~- report of the Council that the courses of study and ed to hold qualifying examina- examinations prescribed by any of the institutions tions. specified in the notification under section 21 are not such as to secure the maintenance of an adequate 41 standard of proficiency for fhe practice of Homoeopathic System, it shall be lawful for the State Government by notification to direct that the said institution shall be removed from the said notification and shall not be authorised to hold a qualifying examination:
Provided that, before any direction for the re moval of an institution from the said notification is made under this section, the Council shall require the institution to take steps within such time as it thinks fit to provide that the courses of stucly and examina tions prescribed by the institution are of an adequate standard.
Exemption from 23. Notwithstanding anything in any other law serving on in- for the time being in force, every registered practiquests.
tioner shall be exempted, if he so desires, from serving on any inquest under the Code of Criminal Procedure,
1898. j Allowances pay- 24. There shall be paia. to the members for able-to-mem- d' C h I d bers. atten mg meetings of the ouncil sue trave ling an other allowances as may be prescribed.
Fees recei';ed by 25. All moneys received by the Council as fees • the Council. under this Act shall be applied for the purposes of this Publication of list of practi tioners.
Act in accordance with the rules made thereunder.
26. (1) The Ree-i.::tr::ir .::h::iJJ every five years, on or before a date to be fixed by the Council, cause to be printed and published a correct list of the names and qualifications of all practitioners for the time .being entered in the Register and the dates when such qualifications were acquired.
• 1965 : Pb. Act 16] PUNJAB HOMOEOPATHIC PRAcCTITIONERS 715
(2) In any proceeding it shall be presumed that ey~ry person entered in such list is a registered prac titioner and that any' person not so entered is not a registered practitioner.
27. If at any time it appears to the State Govern-- Control of State ment that the Council has neglected to exercise, or Government.
has exceeded or abused, any of the powers conferre<l upon it by or under this Act or has neglected to perform any of the duties imposed upon it by or under this Act, the State Government may, communicate the particulars of such neglect, excess or abuse to the Council, and if the Council fails to remedy such neglect, excess or abuse within such time as mav be fixed by the State Government in this behalf, the VState Government may, for the purpose of remedying such neglect, excess or abuse cause any of the powers and duties of the Council to be exercised and performed by such agency and for such period as the State Government may think fit.
28. No person other than a practitioner regis- Prohi_hitio1; to d d h . A' h II t· h Id h. If practise of rer-tere Uil er t IS ct, S a prac !Se Or O 1.mse sons 11 01 regisout, whether dlirectly or by implication, as practising tered.
or as being prepared to practise the Homoeopathic System.
29. Whosoever voluntarily and falsely assumes False assump or uses any title or description or any addition to his tion of degrees, name implying that he holds a degree diploma or etc. to be an . , offence.
certificate conferred, granted or issued by any of the institutions specified in the notification made under section 21, or that he is qualified to practise the Homoepathic System, or that he is a registered prac titioner, shall on conviction be punishable with fine which may extend to two hundred and fifty rupees for the first offence and with fine which may extend to five hundred rupees for every subsequent offence.
31. Any person who acts in contravention of the Penalty.
provisions of section 28 shall, on conviction, be puni shable with fine which may extend to two hundred rupees.
716 I PUNJAB HOMOf:OPATliIC [1965 : Pb. Act lfi PRACTITIONERS ConftE:rring, 31. (1) No person, other than an association or &ran mg or is- • t't t' . d h . d h .
suing degrees, ins 1 u 10n recogmse or aut onse by t e Council diplomas etc:, under this Act, shall confer, g:rant or issue or hold by unauthorised h' lf 't lf t· l d f . person or insti- 1mse or 1 _se out as en 1t e to con er, _grant or issue tution. any degree, diploma, certificate or other document stating or implying that the holder, grantee, or recei pient is qualified to p,ractise the Homoeopathic System.
(2) Whoever contravenes the provisions of sub section (1) shall, on conviction, be punishable with fine which may extend to five hundred rupees and jf the person so contravening is an association, every member of such association who, knowingly and wil~ fully authorises or permits the contravention, shall, on conviction, be punishable with fine which may ex tend to two hundred rupees.
Court competent ( - d' to try offences 32. 1) No court other than the court of a Ju 1- uucter this ~ct cial Magistrate of the 1st class shall take cognizance and cogmzance f t ff d h · A of offences. o or ry an o ence un er t 1s ct.
Power to amend Schedule I.
Definitions.
(2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered by the State Government in this behalf.
33. The State Government may by notification amend Schedule I, so as to add thereto or omit there from any qualification, and thereupon such Schedule shall be deemed to have been amended accordingly.
PART III DISPUTES REGARDING ELECTIONS
34. In this Part, unless the context otherwise requ:i.res,-
(a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person ;
(b) "candidate" means a person who has been or claims to have been duly nominated as • • 1965 : Pb. Act 16] PUNJAB HOMOEOPATHIC PRACTITIONERS 717 a candidate at an election, and any such person shall be deemed to have been a cand1- da te as from the time when with the elec tion in prospect, he began to hold himself out as a prospective candidate;
(c) "Corrupt practice" means any of the practi ces specified in Schedule II ;
( d) "costs" means all costs, charges and ex penses of, or incidental to, a trial of an elec tion petition ;
(e) "election" means an election to fill the office of a member ; ·
(f) "electoral right" means the right of a p€rson to stand or not to stand. as, or to withdraw from being, a candidate or to vote or refrain from voting at an election ;
(g) "pleader" means any person entitled to appear and plead for another in a civil court. and includes an Advocate.
35. No election of a member shall be called in Election peti question except by an election petition presented in tions .
. accordance with the provisions of this Part.