THE RAJASTHAN HOMOEOPATHIC MEDICINE RULES, 1971 [Notification No. 344/F 14(1)M/H/7C/Gr.2 dated 17.9.1971. pub. in Raj. Gaz., Pt. IV-C. Sub-part 1. Ord. dt. 30.9.1971]. The following rules in exercise of the powers conferred by section 57 of the Rajasthan Homoeopathic Medicine Act, 1969 [Raj. Act of 1970) are hereby published and shall be applicable from the date of the publication in the Rajasthan Rajpatra.
As subsequently amended by the following notifications--- o No. G.S.R. 186/F 8 (28)/Ayurved/72, dated 22.12.1973, published in Raj. Gaz., Part IV-C, dt. 22.12.1973.
o No. G.S.R. 134/F 8(7)/Ayurved/74, dated 25.9.1974, published in Raj. Gaz., Part IV-C, Ext. Ordy. dt. 22.10.1974 at Page 389 (1) – (19) (22.10.1975).
o No. G.S.R. 135/F 8(7)/Ayurved/74, dated 7.10.1974, published in Raj. Gaz., Part IV-C, Ext. Ordy. dt. 22.10.1974 at Page 389 (10-17).
o No. G.S.R. 169/F 8(28)/Ayurved/72, dated 6.1.1975, published in Raj. Gaz., Part IV-C, Ext. Ordy. dt. 6.1.1975 p. 505-608 (06.01.1975).
o No. G.S.R. 233/F 8(7)/Ayurved/74, dated 31.12.1976, published in Raj. Gaz., Part IV-C, Ext. Ordy. dt. 17.03.1977 p. 720 (17.03.1977).
o No. G.S.R. 49/F 8(14)/Ayurved/86, dated 26.07.1989, published in Raj. Gaz., Part IV-C, Ext. Ordy. dt. 03.08.1989 p. 720 w.e.f. 17.03.1977.
CHAPTER I Preliminary Rule 1 Short title - Rule 1(1) These rules may be called the Rajasthan Homoeopathic Medicine Rules, 1971.
Rule 1(2) They shall come into force on the date of their publication in the Rajasthan Rajpatra.
Rule 2 Definitions – In these rules unless the context otherwise requires - Rule 2(a) “Act” means the Rajasthan Homoeopathic Medicine Act, 1969 (Act No. 1 of 1970);
Rule 2(b) “Section” means a section of the Act;
Rule 2(c) “Form” means a form prescribed and appended to these Rules.
Rule 2(d) “Schedule” means a schedule attached to the Act.
Rule 2(e) “Candidate” means a Registered Homoeopath standing for election as a member of the Board.
Rule 2(f) “Voter” means a Registered Homoeopath whose name appears in the Electoral Rolls published under Rule 9(i) Rule 2(g) “Returning Officer” means unless otherwise directed by the State Government, the Registrar of the Board.
The words and expressions used in the Act but not defined in these Rules shall have the meaning assigned to them in the Act.
CHAPTER II Establishment of the Board Rule 3 Election of Vice-Chairman - Rule 3(a) For election of the Vice-Chairman the Returning Officer shall convene a meeting of the Board and shall ask the members to submit the nomination papers in the prescribed from (Form No. 1). The programme of the election shall be duly notified.
Rule 3(b) Every candidate shall be duly proposed and seconded.
Rule 3( c ) The Returning Officer shall announce the names of the candidates for Vice-Chairmanship as per nomination papers received by him. He shall then ask each member to mention his choice in the prescribed form (Form No. 2). This shall be handed over to the Returning Officer. The candidates securing majority of votes shall be declared by the Returning Officer as elected Vice-Chairman of the Board.
Rule 4 Register of Members of the Board. The Registrar shall maintain a register of members of the Board in Form No. 3.
Rule 5 Electoral Rolls Rule 5(i) Registrar shall publish an up to date list of the Registered Homoeopaths with the following columns - Rule 5(i)(a) Serial No.
Rule 5(i)(b) Registered No.
Rule 5(i)(c) Name Rule 5(i)(d) Father’s Name/Husband’s Name Rule 5(i)(e) Address Rule 5(i)(f) Remarks This list shall be called the General Electoral Roll.
Rule 5(ii) Homoeopathic teaching institutions recognised by the Board for the purpose of affiliation shall send a list of such of their members as are registered Homoeopaths setting out therein the particulars mentioned in clause (i) above in respect of every such teacher within 21 days from the announcement of the date of election. The Registrar shall publish a separate electoral roll of teachers. This shall be called “Teachers Electoral Roll”. It will contain all the particulars mentioned above in respect of General Electoral Rolls.
Presently Board is not recognising the Homoeopathic Institutions for the purpose of affiliation.
Rule 5(iii) Electoral Rolls mentioned in sub-rule (i) and (ii) shall be available for sale by the Registrar at the price fixed by him and shall be operated for inspection free of cost in the office during office hours.
Rule 6 General provisions regarding Elections.
Rule 6(i) It shall be duty of the Registrar to take all steps in connection with the election of the members atleast 3 months before the expiry of the term of the Board.
Rule 6(ii) For the purpose of conducting the elections of the Board, including the elections of the Vice-Chairman the Registrar shall be the Returning Officer, but State Government may appoint any other person to act as Returning Officer for any specific purpose in relation to such elections.
Rule 6(iii) Election programme shall be decided by the Government and it shall be the duty of the Registrar to comply with the directions of the Government issued from time to time.
Rule 6(iv) Nomination paper for the “(teacher) representative shall be in Form No. 4 Rule 6(v) Nomination paper for the election of general members of the Board shall be in Form No. 5 Rule 7 Reporting of vacancies :
Rule 7(a) All vacancies in the office of the Chairman or Vice-Chairman shall be filled up within 6 months of the occurrence of the vacancy, unless otherwise directed by the Government.
Rule 7(b) The Registrar shall make a report to the Government in writing regarding any anticipatory vacancy in the office of any member 90 days before the vacancy is likely to occur.
Rule 7(c) If a vacancy occurs in the office of a member of the Board prior to the expiry of his term of office through resignation, death, removal or disability of such member or otherwise, the Registrar shall make a report to the Government as early as possible.
Rule 8 Filling up vacancies of the elected members – Vacancies occurred in the office of elected members shall be filled up in a period of not more than 60 days from the date vacancy actually occur.
Rule 9 Procedure for election of members – The following procedure shall be adopted for filling up the vacancies – Rule 9(i) The Electoral Rolls shall be published (in such manner as the Government may think fit) at least 30 days before the date of election.
Rule 9(ii) Every candidate for election shall have to be a voter and shall be nominated by means of a separate nomination paper in Form No. 4 or Form No. 5 as may be appropriate. Every nomination paper shall be signed by a voter qualified to vote at the election as proposer and by another such voter as a seconder.
Provided that no candidate shall be entitled to propose or second his own nomination and no voter shall be entitled to propose or second nominations of more candidates than the number of seats for which elections are being held
Provided further that all such nominations as are made in contravention of the first proviso mentioned above shall be void.
Rule 9(iii) Every candidate shall send the nomination paper declaring that he is willing to serve on the Board if elected.
(A candidate seeking, election against a seat reserved for registered Homoeopaths possessing recognised medical qualifications shall not be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular recognised medical qualification possessed by him and an entry about that qualification has been made in the Register.)
Rule 9(iv) In the absence of such declaration nomination shall be treated invalid.
Rule 9(v) Every proposal for nomination shall be in writing in (Form No. 4) or Form No. 5 which shall be made available by the Returning Officer on the payment of a fee of Rupees Five only.
Rule 9(vi) The nomination form shall be submitted to the Returning Officer either personally or by Registered Post so as to reach him before 1 p.m. on the last date fixed for the filing of nomination papers.
Nomination papers filed personally shall be handed over during office hours to the Returning Officer in his office.
Rule 9(vii) Every candidate shall be at liberty to withdraw his candidature in writing signed by him and delivered personally to the Returning Officer, within 3 days after the scrutiny. On this date the Returning Officer shall announce the number of candidates contesting the election. It shall be notified on the Notice Board of the Returning Officer.
Rule 9(viii) The Returning Officer shall decide all questions which may arise as to the validity of any nominations at the time filed by him for scrutiny of nomination and his decision thereon shall be final.
Rule 9(ix)(1) If the number of candidates qualified to fill the reserved seats is equal to the number of such seats, all these candidates shall forthwith be declared to be elected to fill the reserved seats.
Rule 9(ix)(2) If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats but the total number of contesting candidates is equal to the number of seats to be filled in, the Returning Officer shall first select, by lot to be drawn by him in such manner as he may determine, the candidates to be declared elected to the reserved seats out of the candidates qualified to be chosen to fill these reserved seats and thereafter declare the remaining candidates to be duly elected to fill the remaining seats.
Rule 9(ix)(3) If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats and the total number of contesting candidates also exceeds the total number of seats to be filled in a poll shall be taken and after the poll has been taken, the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats have secured the largest number of votes to be duly elected to fill the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats.
Rule 9(ix)(4) If the number of contesting candidates qualified to be chosen to fill the reserved seats is less than the number of seats :
Rule9(ix)(4)(a) All these candidates shall be forthwith declared to be duly elected to fill the reserved seats.
Rule9(ix)(4)(b) The following procedure shall be followed for filling the seats other than reserved seats.
Rule9(ix)(4) (b)(1) If the number of candidates does not exceed the number required to fill up the vacancy or vacancies the Returning Officer shall forthwith declare all such candidates to be duly elected.
Rule 9(ix)(4) (b)(2) If the number of candidates is more than the number of seats a poll shall be taken.
Rule 9(ix)(4) (b)(3) If there is no candidate or if the number of candidates is less than the number of vacant seats, election proceedings shall be started afresh for filling up the vacant seats in all respects as if for a new election.
Rule 9(ix)(4) (c) Election proceedings shall be started afresh for filling up the remaining reserved seat or seats.
Rule 9(x)(a) If a poll becomes necessary the Returning Officer shall forthwith publish the names and addresses of the contesting candidates (in such manner as the State Government may think fit) and shall further cause their names to be entered in Ballot papers in Form No. 6.
Rule 9(x)(b) The names of contesting candidates in the list referred to above and in the Ballot papers shall be written in alphabetical order in Hindi in Devnagri Script.
Rule 9(x)(c) In the ballot papers the words “Recognised Medical Qualification” shall be printed immediately below the name of each candidate qualified to fill the reserved seats.
Rule 9(xi) Not less than twenty one days before such date as may be appointed by the Returning Officer for this purpose the Returning Officer shall give personally or send by registered post to each elector a Ballot paper (Form No. 6) started by him. No election shall be invalidated by reason only of an elector not receiving his Ballot paper provided that a Ballot paper has been issued to him in accordance with these rules.
Rule 9(xii) Before such date as may be appointed by the Returning Officer in this behalf every elector, desirous of voting shall personally deliver or send by registered post his Ballot paper to the Returning Officer after recording his vote or votes in the manner prescribed therein. Provided that any Ballot paper which is not received by the Returning Officer before 12 noon on the date so appointed (xxx) shall be rejected.
Rule 9(xiii) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by him in this behalf. The Ballot papers shall then be scrutinized and the valid votes counted. Any candidate may also be present either in person or by an accredited representative to watch the counting of the votes.
Rule 9(xiv) A Ballot paper shall be invalid if - Rule 9(xiv)(a) it does not in any way conform to these rules, or Rule 9(xiv)(b) it does not conform to the instructions printed thereon, or Rule 9(xiv)(c) it does not bear the initials of the Returning Officer, or Rule 9(xiv)(d) no vote is recorded thereon, or Rule 9(xiv)(e) a voter signs his name or writes a word or makes any mark on it by which it becomes recognizable as his Ballot paper, or Rule 9(xiv)(f) the number of votes recorded thereon, exceeds of vacancies to be filled, of Rule 9(xiv)(g) It is void for uncertainty of one or more votes, exercised
Provided that when more than one vote can be given on the same Ballot paper, if one of the marks so placed as to render it doubtful to which candidate it is intended to apply, the vote concerned and not the whole Ballot paper shall be invalid on that account.
Rule 9(xv) If any objection is made to any Ballot paper on the ground that it does not comply with the specified requirements or to any rejection by the Returning Officer of a Ballot paper it shall be decided at once by the Returning Officer whose decision shall be final.
Rule 9(xvi) The Returning Officer shall nominate such number of scrutinizers not exceeding four as he deems proper.
Rule 9(xvii) When the counting of votes has been completed the Returning Officer shall first declare those, who being qualified to be chosen to fill the reserved seats, have secured the largest number of votes to be duly elected to fill all the reserved seats and then declare the remaining candidates who have secured the largest number of votes to be duly elected to fill the remaining seats and shall forthwith inform the successful candidates by registered letters of their having been elected and shall also forthwith inform the Board the Chairman and the State Government.
Rule 9(xviii) When an equality of votes is found to exist between any candidates and the addition of one vote will entitle any or more of the candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by Lot, to be drawn by the Returning Officer.
Rule 9(xix) Upon the completion of the counting and after the result (has) been declared by him the Returning Officer shall seal the Ballot papers and all other documents relations to the election and shall retain the same with himself (in safe custody) for the period of six months (and) thereafter with the approval of the State Government cause them to be destroyed.
Rule 9(xx) The Returning Officer shall (issue notice of Election in Form 3(a) (in such manner as the Government may think fit) the date, time and placed fixed for such of the following proceedings, namely - Rule 9(xx)(a) The number and nature of the members required to be elected.
Rule 9(xx)(b) The receipt of nomination papers by the R.O.
Rule 9(xx)(c) The Scrutiny of nomination papers.
Rule 9(xx)(d) The last date of withdrawal of candidate.
Rule 9(xx)(e) The sending of ballot papers to electors.
Rule 9(xx)(f) The last date of receiving the ballot papers.
Rule 9(xx)(g) The counting of votes.
Rule 9(xxi) If any question arises as to the intention or application of these rules which in the opinion of the Board should be referred to the State Government, the Board shall refer such question to the State Government whose decision shall be final.
Rule 10 Assumption of office by Chairman – The Chairman shall on his nomination assume of office by issuing an office order which shall be notified to the Government. The new Chairman shall assume office within 15 days of his nomination.
Rule 11 Meetings of the Board - Rule 11(1) The meeting of the Board shall be called within one month of the assumption of office by the Chairman. The agenda for this meeting shall be prepared by the Registrar and notices shall be issued by him after approval of the Chairman.
Rule 11(2) The notice of the meetings with agenda will be sent through peon book to all local members and under postal certificate to the members residing outside Jaipur.
Rule 11(3) The Registrar, with the approval of the Chairman shall call a meeting of the Board, atleast once in 120 days by issue of a notice to all members atleast 7 days earlier to the date of meeting.
Rule 11(4) The meeting of the Board may also be called by the Chairman on the written requisition signed by atleast seven members of the Board. Such meeting shall be convened by the Registrar within one month of the receipt of the written requisition.
Rule 11(5) An emergency meeting of the Board can be called by the Chairman through Registrar to deal with urgent matters on 3 days notice and the notice of such emergency meeting shall be sent to all local members under peon book and to outside members by telegram without the agenda.
Rule 11(16) The meeting of the Board shall be presides by the Chairman or in his absence by the vice-Chairman or in their absence by a member present in the meeting so elected by the members present to preside that particular meeting.
Rule 11(7) The meeting or hearing as the case may be will start punctually in time if the quorum is present. If the quorum is not present within half an hour of the appointed time, the Chairman shall postpone the meeting, till the same hour on the adjourned meeting, postponed for want of quorum and in such a meeting the business will be transacted without any consideration of any deficiency in the number of members present as provided in section 20(2) para 2 of the Act.
Rule 11(8) The Registrar shall have the minutes and proceedings recorded through a steno-typist or any other method convenient to him and shall see that the entire minutes and proceedings are correctly recorded and then place it before the Chairman for his approval. The minutes having been thus approved by the Chairman will be placed in a file and will be placed in the next meeting of the Board to be read out and passed as correct by the members of a majority of them present at the meeting.
Rule 11(9) The Registrar shall be authorised to implement the decision of the Board.
The minute book of the proceedings of the meeting and all other such record shall be kept in the custody of the Registrar.
Rule 12 Allowances etc. of Chairman and members - Rule 12(a) Conveyance charges shall be given to the members who are residence of the place of the meeting @ Rs. 7/- per day and the persons who are not resident of the place of meeting shall be given daily allowance of Rs. 20/- per day in addition to the only 1st Class Railway fare from their place of residence to the place of meeting and back.
Rule 12(b) The Chairman shall be entitled to receive Rs150/- p.m. as conveyance allowance and a telephone at his residence at the cost of the Board subject to the same conditions as applicable to a Deputy Secretary to the Government.
Rule 13 Appointment of official other than Registrar:- Rule 13(1) The Board shall appoint officials, other than the first Registrar, with the approval of the State Government. The remuneration of such staff and their service conditions shall be fixed by the Board with the approval of the State Government The remuneration and service conditions of Registrar be fixed by the State Government time to time.
Rule 13(2) x x x Rule 13(3) Till separate rules governing the remuneration and service conditions of the Registrar and other employees of the Board are framed, all rules, orders etc. made applicable by the Government of Rajasthan to its employees mutatis mutandis apply to similar categories of employees of the Board and the Registrar with the respect to recruitment, conditions of service, pay, allowance etc. and other benefits, liabilities etc. with the following modifications - Rule 13(3)(a) The power of the Head of Office of the Board shall be exercised by the Registrar and all other powers will be exercised by the Board.
Rule 13(3)(b) The posts under the Board shall not be pensionable. The employees of the Board shall be governed by a scheme of contributory Provident Fund in which each employee shall contribute eight percent of his basic pay every month and the Board shall contribute an equal amount.
Rule 14 General Rules regarding travelling expenses. The following provisions shall apply in respect of the payment of travelling expenses to the Chairman and Members :- Rule 14(1) Such expenses shall be payable only in respect of journeys performed in connection with business of the Board including journeys performed in connection with attending the meetings of the Board or Committee thereof;
Rule 14(2) Such expenses shall be drawn by means of a bill giving the details of each item and signed by person drawing the expenses.
Rule 15 Financial Provisions – An account shall be opened in any of the scheduled nationalized Bank in the name of the Board and all moneys of the Board shall be deposited in the Bank subject to the reservation mentioned hereafter.
Rule 16 The Registrar being the Drawing and Disbursing Officer shall receive all moneys payable to the Board. He shall not retain in his hand a sum exceeding Rs. 500/- the balance being lodged in the Bank to the credit of the Board.
Rule 17 The annual accounts shall be maintained under the supervision, direction and control of the Registrar. They shall be audited by the Local Fund Audit Department or by a Chartered Accountant.
Rule 18 In the month of September in each year or on such other date as the State Government may fix an estimate of the revenue and of the expenditure of the Board for the year commencing on 1st April next ensuing, shall be sent to the State Government.
Rule 19 Such estimate shall make provision for the fulfillment of the liabilities of the Board and for effectually carrying out its objects. It shall include on its revenue side, besides all revenue ordinarily anticipated, such grant as Government may allot and all fees received from registration and other sources.
Rule 20 The State Government shall consider the estimate so submitted to it and shall sanction the same either unaltered or subject to such alteration as it may deem fit.
Rule 21 The State Government may at any time during the year for which any estimate has been sanctioned cause a supplementary estimate to be prepared and submitted to it. Every such supplementary estimate shall be considered by the State Government in the same manner as if it were an original annual estimate.
Rule 22 The Registrar shall immediately bring into account in the general cash book all moneys received or spent by the Board.
Rule 23 All cheques on the Bank shall be signed by the Chairman and Registrar of the Board.
Rule 24 The accounts of the Board shall be maintained in the language in which accounts of the State Government are for the time being maintained.
CHAPTER – III Registration of Homoeopaths Rule 25 Registration as Registered Homoeopath under Section 30 - Rule 25(1) Every major person entitled to be registered under section 30 and desiring to have himself/herself registered shall apply to the Registrar in Form 7 which would be made available for Rs. 2/- duly filled and signed by him. Every such application shall be accompanied with a fee of Rs. 50/- and also two certificates as proof of his past practices for more than 3 years (See Schedule 3).
Rule 25(2) The certificates for the purpose of section 30 & 62 (Schedule 3) of the Act shall be in the Form 8 to be appended with the application form and shall be signed by a Member of Parliament or a Member of State Legislative Assembly or Zila Pramukh or Chairman Municipality or Board or Pradhan or any Gazetted Officer.
Rule 25(3) The Registrar on being satisfied that the applicant is entitled to be registered under the Act shall cause his name to be entered in the Registrar and issue of a certificate of registration in Form 9.
Rule 25(4) The Register of the Registered Homoeopaths under section 30 shall be maintained by the Registrar in Form 10 with a separate alphabetical index register.
Rule 25(A) Renewal of Registration - Rule 25(A)(1) Every Registered Homoeopath desirous to continue to practice after the expiry of the period of 3 years from the date on which his name has been registered or after the expiry of the period of any renewal granted to him under the provisions contained in section 31 of the Act shall before such expiry, submit an application in Form 7A to the Registrar. Every such application shall be accompanied by a renewal fee of rupees twenty five for every period of three years.
Rule 25(A)(2) On receipt of the application and the renewal fee as above within the prescribed time, the Registrar shall cause necessary entries to be made in the Register of Homoeopathy practitioners and issue to the Registered Practitioner a renewal slip in Form 9A. The practitioner shall attach this renewal slip to his certificate of registration.
Rule 25(A)(3) Any name removed from the register under the provisions contained in section 31(2) of the Act may be restored to the Register and a renewal slip as aforesaid issued by the Registrar, subject to the following conditions :- Rule 25(A)(3) (i) xxx Rule 25(A)(3) (ii) xxx Rule 25(A)(3) (iii) xxx Rule 26 Registration of Additional Qualifications - Rule 26(1) An application for registration of additional qualifications shall be made in Form 11 and shall be accompanied by a fee of Rs. 5/-.
Rule 26(2) After having carried out the necessary entries with respect to the additional qualifications, the Registrar shall grant the Applicant a certificate in Form 12.
Rule 27 Appeals against the decision of Registrar : The appeals against a decision of the Registrar filed under section 30(5) shall be governed by the following provisions :- Rule 27(1) Such appeals shall be filed by means of a memorandum in writing signed by the appellant which shall be presented by him in person or sent through a duly authorised person or by posts so as to reach the office of the Board within the period of ninety days mentioned in section 30(5). It shall state in brief the grounds of appeal (Every such appeal shall be accompanied by a fee of Ten rupees).
Rule 27(2) The Registrar shall maintain a register of such appeals and enter them under serial numbers. The Register should contain particulars relating to the appellant, the date of receipt of the memorandum of appeal, the result of the appeal when decided and such other particulars as the Chairman may direct to be entered therein.
Rule 27(3) A meeting of the Board shall ordinarily be held atleast once in three months for the purpose of hearing such appeals.
Note : Nothing in this sub-rule shall be construed as preventing the Board from transacting any other business at the meeting.
Rule 27(4) Information of the date, time and place of the meeting shall be sent in writing to the appellant in sufficient time so as to allow him a reasonable interval for attending the meeting, if he so chooses.
Rule 27(5) At the meeting held for the purpose, the appellant shall have a right to appear personally or through a legal adviser only authorised by him to be heard.
Rule 27(6) The provisions of the Act and the Regulations thereunder, applicable to meeting of the Board including sections shall apply to meetings held for hearing appeals under this rule.
Rule 27(7) With reference to proceedings held before the Advisory Committee concerned under section 25, this rule shall apply to the same manner as it applied with reference to proceedings before the Board.
Rule 27(8) Provisions of this rule shall apply as far as may be to appeals arising out of applications under section
30.
Rule 27(9) While an appeal under this rule is heard before the Advisory Committee, the appellant shall have a right to produce oral and documentary evidence at the meeting, but the person presiding at the meeting shall have the power regulating the taking of such evidence as is regarded by him as irrelevant need not be recorded at the meeting.
CHAPTER – V Removal from the Register and Re-entry Rule 28 Any person may inform the Board. In writing that any Registered Homoeopath has incurred the disqualification mentioned in section 36 (1) (a) & (b). Such information shall be dealt within the following manner - Rule 28(1)(a) Where the information is in the nature of a complaint charging the Homoeopath with professional misconduct or other infamous conduct as envisaged in clause (b) of sub-section (1) of section 36. It shall be accompanied by an affidavit attested by a Magistrate or Notary Public.
Rule 28(1)(b) Information regarding the conviction of the Homoeopath envisaged in clause (a) shall be accompanied by either affidavit or the copy of the judgment by which the Homoeopath was convicted.
Rule 28(1)(c) Information or complaints unaccompanied by affidavit or copy of judgments are liable to be dismissed similarly at the discretion of the Board.
Rule 28(2) The Registrar shall place before the Board all the information and complaints, together with all other record. The Board may either enquire the matter itself or may constitute a Committee for the purpose.
Rule 28(3) The enquiry shall cause to commence by the issue of show cause notice. Notice shall be issued by the Registrar on behalf of the Board and shall be sent to the Homoeopath by registered post. It shall specify the nature and particulars of the charge and inform him of the day on which the Board intends to deal with the case and shall call upon the Homoeopath to answer the charges in writing and to attend before the Board on such day. The notice shall be in such form as may be prescribed by the Board. The information or the complainant shall also be informed of the date appointed.
Rule 28(4)(a) When the Homoeopath admits to the charge, the Board shall pronounce its orders forthwith.
Rule 28(4)(b) If the Board is satisfied by the reply of the delinquent Homoeopath or the documents or other materials produced before it that no case is made out against him it shall dismiss the information or the complainant. But no such order shall be passed unless the complainant or the informant has been given the opportunity of being heard.
Rule 28(5) Whenever the Board is of opinion that an enquiry, involving recording of evidence, has to be made it may either conduct the enquiry itself or it may entrust it to a Committee constituted for this purpose.
The Board may also constitute Standing Committee for the purpose. The evidence shall be recorded in such manner is may be laid down by the Board in the regulations.
Rule 28(6) The meetings of the Board or the Committee of enquiry shall be in camera unless otherwise directed by the Board.
Rule 28(7) Upon conclusion of the Enquiry the Board shall pronounce its orders to the parties, if present.
Otherwise the order shall be communicated to the parties by Registered Post.
Rule 28(8) The Board may also make supplementary provisions in relation to enquiries under this rule.
Rule 29 Restoration of names to the Register- Application for re-entry in the Register of a name removed under section 38 shall be accompanied by the following documents, namely - Rule29(a) the applicant’s certificate, degree or diploma, if any.
Rule 29(b) his certificate of registration in original if the same has not been already returned.
The Board may prescribed the Form of such applications.
Rule 30 Seal of the Board – The Board shall have a common seal of the following description - Rule 30(a) The line block of “Kirti Stambh of Chittor” accompanied by “an inscription” Similia Similibus curentur” and name of the Board i.e. “Rajasthan Board of Homoeopathic Medicine”.
Rule 30(b) The seal shall be affixed on certificates of registration issued by the Board or Diploma, Degrees, agreements entered into by the Board and documents of any other category which may be specified by the Board.
Rule 30(c) The seal shall be kept in the safe custody of the Registrar and he shall use it for the purposes mentioned in sub-rule (b) above.
Rule 31 Register of Practitioners - Rule 31(a) Under the proviso of section 62 of the Act, the Registrar shall cause to keep a separate register of such Homoeopaths who have not completed 3 years of practice on the date of commencement of the Act with the columns as provided in Form 13.
Rule 31(b) Every Homoeopathic Practitioner eligible to be enlisted under section 62 of the Act and desiring to have himself enlisted shall apply to the Registrar in Form 14 costing Rs. two only duly filled and signed by him. Every such application shall be accompanied by a fee of Rs. 50/- (Rupees Fifty only) and two certificates as provided in rule 25(2).
Rule 31(c) The Registrar, after making such inquiry as he deems fit, may either cause his name to be enlisted in the Register and issue certificate or. Form 15 or reject the application and communicate his decision along with ground thereof to the applicant.
Rule 31(d) Any person aggrieved by the decision of the Registrar can appeal to the Board within 30 days from the date of such decision in accordance with rule 27(1) along with a fee of Rs. 10/-. The Board shall decide the appeal, in accordance with Appeal Rules.
Rule 32 Inspection and safe custody of documents - Rule 32(1) The Chairman shall be entitled to inspect all documents of the Board at any time during office hours.
Rule 32(2) Members of the Board, other than Chairman shall be entitled to inspection of the document of the Board, on the following conditions :- Rule 32(2)(a) The member shall give notice of three clear working days to the Registrar.
Rule 32(2)(b) The members shall state the document be desires to inspect premises of the Board.
Rule 32(2)(c) Inspection shall be allowed during office hours within the premises of the Board.
Rule 32(3) Inspection by other persons shall be allowed under the directions given or regulations made by the Board.
Rule 33 x x x Rule 34 Delegation of powers :
Rule 34(1) The State Government may by notification delegate all or any of its powers under the Act or these rules to any person or authority subordinate to it, subject to such restrictions limitations and conditions and subject to such control and revision by such authority as may be specified in the notification.
Rule 34(2) The Board may, with the prior approval of the State Government, delegate any or all of its financial and administrative powers under the Act or the Rules and regulations framed thereunder to the Registrar subject to such restrictions, limitations and conditions as may be prescribed.