(1) The Council may, with the previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made under section 53 for all or any of the following matters, namely:-
(a) the time and placi at which the Council shall hold its meetings under section 12 ;
(b) the salary, allowances and other conditions of service of officers and ,servants of the Council, other than the Registrar, under section 14 ;
(c) the conditions for ,registration referred to in sub-section (1) and (2) of section 16 ;
(d) the course of study for training and quali fying and other examinations ;
( e) the admission of students to the bodies or institutions authorised under section 21;
(f) the language in which the examinations shall be conducted and instruction shall be imparted ;
(g) the conditions un1er which students shall • be admitted to the degree diploma or certificate course and to the qualifying and prior examinations; .
(h) the conditions of 1ppointment of examiners and the conduct of examinations; and
(i) all other matters which may be necessary for the purposes of carrying out the objects of this Act. I • 1965 : Pb. Act .16] PUNJAB HOMOEOPATHIC PRACTITIONERS 727
(2) All regulations shall be published in the official Gazette.
(3) The State Government may by notification cancel any regulation :
Provided that in submitting regulations under clauses (d) and (h) for sanction of the State Govern ment under this section, the Council shall send a copy of its proceedings relating to the passing of such regulations and shall state the number of its members who have voted for or against such regulations or not voted in respect of such regulations :
Provided further that in sanctioning the regula tions due consideration shall be given to the opinion of the members as expressed in the said proceedings.
55. Every rule made under section 53 and every Ru)es an<l rcgu_ regulation made under section 54 shall be laid as soon lations to be laid . . before State as may be after 1t 1s made before 1 [* * * *] the State Legi~lat1t1re.
Legislature while it is in session for a total period of ten days which may comprise in one session or in two successive sessions, and if before the expiry of the sessions in which it is so laid or the session immediately following 2 [the Legislature] agree in making any modification in the rule or regulation, as the case may be, or 2 [the Legislaturel agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in ·such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
1The words "each House of" omitted by the Adaptation of Punjab Laws Order, 1970.
,2Substituted for the words ''both Houses" by ibid.
728 PUNJAB HOMOJPATHIC [1965 : Pb. Act 16 PRACTITIONERS
SCHEDULE I [See sections 3(3) & (5), 16(1), 2'1(1) (a) and 33] Persons who are entitled to have their names entered in Part A of the Register of Homoeopaths: -
(l) Homoeopaths who have passed the final examinations held by the Council of the Homoeopathic System of Medicine, Punjab. I ·
(2) Homoeopaths who have bassed an examination from a Homoeopathic Institution in the State or outside it;
provided that for the purposes of examination such an institution is recognised bv the Council subiect to any lim1tati.ons as the Council may consider proper.
(3) Homoeopaths who have been registered by a State Council or Board of Homoeopathic System of Medicine established by law anywhere in the Indian Union by virtue of their having passed a qualifying examination from any of the recognised institutions of such Council or Board. .
SCHEDULE II [See sections 34(c) and 52J The following' shall be deemd to be corrupt practices for the purposes of section 52 : -
(1) Bribery, that is to say,l (A) any gift, offer or promise by a candidate or his agent or bv anv other person with the consent of a candi date" or his agent of any gratificaton. to any person whomsoever, with the object, directly or i.ndirectly of inducing- I
(a) a person to stand or not to stand as or to withdraw from being, a candidate at an election ; or
(b) a voter to vote or refrain from voting at an election;
or as a reward to- ( i) a person for having so stood or not stood, or for having withdrawn his candidature ; ot
(ii) a vot•er for having voted or refrained from voting .
..
• • 1965 Pb. Act 16] PUNJAB HOMOEOPATHIC PRACTITIONERS 729 (B) the receipt of, or agreement to receive, any gratifica tion, whether as a motive or a reward- ( a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any voter to vote or refrain from voting, or any candidate to with draw his candidature.
Explanation.-For the purposes of this clause, the term "Gratification" is not restricted to pecuniary grati fications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election .
(2) Undue influence, that is to say, any direct or indirect interference or attempts to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right :
Provided that- ( a) without prejudice to the generality of the prov1s10ns of this clause, any such person as is referred to therein who-
(i) threatens any candidate or a voter or any person in whom a candidate or such voter is interested, with injury of any kind and including social ostracism and excommunication or expulsion from any caste or community ; or
(ii) induces or attempts to induce a candidate or a voter to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure ;
shall be deemed to interfere with free exercise of the electoral right of such candidate or a voter within the meaning of this clause ;
(b) a declaration of public policy, o:r a promise of publica tion or the mere exercise of legal right without intent to interfere with an electoral right shall not be deemed to be interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, 730 PUNJAB HOMOEOPATHIC [1965 : Pb. Act 16 PR~CTITIONERS religious symbols or the use of, or appeal to, national symbols,' such as the national flag or the national emblem, for the further ance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
( 4) The promotion of, attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(5) The publication by candidate or q.is agent or by any other person with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(6) The hiring or procuring whether on payment or other wise or any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agent, for the conveyance of any voter ( other than the candidate himself, the members of his family or his agent), to or from any polling station provided or a place fixed for the poll :
Provided that the hiring of a vehicle by a voter or by several voters at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause, if the vehicle so hired is a vehicle not propelled by mechanical power : I
Provided further that the use of any public transport vehicle by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause E;p1anation.-In this clause, tle expression "vehic{e" means • any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance ( other than the giving of vote) for the :furtherance of the pros pects of that candidate's election, from any person in the serviee of the Government. the Government of India or the Governmen't of any other State or a local authority.