(1) This Act may be called the West Bengal Short Homoeopathic System of Medicine Act, 1963. tale, extent
(2) It extends to the whole of West Bengal. and commence-
(3) It, shall come into force on such date as the State 231'.
Government may, by notification in the Onicial Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(1) "Council" means the Council of Homoeopathic Medicine, West Bengal, constituted under section 3 ;
(2) "General Council and State Faculty of Homoeopathic Medicine, West Bengal" means the General Council- and State Faculty of Homoeopathic Medicine, West Bengal, established by resolution No. 1568Medl., dated 24th June, 1941 of the Government of Bengal as subsequently amended;
(3) "Homoeopathy" means the system of medicine founded by Dr. Hahnemann and includes the Biochemic system of medicine founded by Dr. Schussler and the expression "Homoeopathic" shall be construed accordingly;
(4) "member" means a member of the Council;
(5) "prescribed" means prescribed by rules;
(6) "President" means the President of the Council;
(7) "Register" means the Register of Homoeopathic practitioners maintained under this Act;
Definitions.
Constitution of the Council of Homoeopathic Medicine, West Bengal.
Transitional provisions.
2 The West Bengal Homoeopathic. System of Medicine Act, 1963.
[West Ben. Act (Sections 3-6.)
(8) "registered Homoeopathic practitioner" means a Homoeopathic practitioner registered under the provisions of this Act;
(9) "Registrar" means the Registrar of the Council;
(10) "regulations" means regulations made by the Council under this Act;
(11) "rules" means rules made by the State Government under this Act ;
(12) "teacher" means any person appointed by a Homoeopathic institution affiliated to, or recognised by, the Council to hold a teaching post;
(13) "Vice-President" means the Vice-President of the Council.
3. As soon as may be after the commencement of this Act, the State Government shall, by notification in the (Vidal Gazette, establish a body corporate with perpetual succession and a common seal named the Council of Homoeopathic Medicine, Weft Bengal. The Council shall be entitled to acquire and hold movable and immovable property, to transfer such property, to contract and to do all things necessary, for the purposes of this Act and shall by its name sue and be sued.
4. Upon the constitution of the Council—
(1) the General Council and State Faculty of Homoeopathic Medicine, West Bengal shall cease to exist and the assets and liabilities thereof shall stand transferred to the Council ;
(2) any order passed, any appointment made, anything whatsoever begun or done by the General Council and State Faculty of Homoeopathic Medicine, West Bengal, shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been passed, made, begun or done by the Council.
Composi- 5. (1) The Council shall consist of the following tion members, namely :— of the Council, (a) a President nominated by the State Government :
Provided that on the expiry of the first two terms of office of the President as specified in sub-section
(1) of section 13, the State Government shall nominate a President from among three persons recommended by the Council in such manner as may be prescribed ;
The West Bengal Homoeopathic, System of 3 Medicine Act, 1963.
XXXIII of 1963.]
(Sections 6, 7.)
(b) seven members nominated by the State Government of whom three shall be registered Homoeopathic practitioners;
(c) one member nominated by the iVice-Chancellor of the University of Calcutta;
(d) the Head of the Homoeopathic Research Institute, ex-officio, when such an Institute is established :
Provided that until the Institute is established any other persOn may be nominated by the State Government ;
(e) the Principal , of a Homoeopathic College, affiliated to the Council, nominated by the State Government;
(f) eight members, who are citizens of India, elected, from such constituencies and in such manner as may be prescribed, by the registered Homoeopathic practitioners from among themselves of whom at least four must be practitioners whose names are entered in Part A of the Register.
(2) Notwithstanding anything contained in the foregoing sub-section or elsewhere in this Act, on the first constitution of the Council all the members of the Council shall be nominated by the State Government and the State Government shall also nominate one of the members to be the Vice- President.
6. If the nominating authority referred to in clause (c) of sub-section (1) of section 5, or the electoral body referred to in clause (f) of the said sub-section fails by the prescribed date to nominate or elect the requisite number of member or members which such authority or body is entitled to nominate or elect, the State Government shall fill up the office of such member or members by nomination of a person or persons qualified to be nominated or elected by such authority or body. Any person so nominated by the State Government shall be deemed to have been duly nominated or elected a member by such authority or body.
' 7. A person shall be disqualified for being nominated or elected a member of the Council, if—
(1) he has been convicted of any offence involving moral .turpitude;
(2) he is an undischarged insolvent;
(3) he has been adjudged by a competent court to be of unsound mind;
(4) he is an employee of the Council;
Power of State Government to nominate members in certain circumstances.
Disquali fication for noni nation or election 4 The West Bengal Homoeopathic System, of Medicine Act, 1963.
[West Ben. Act Publication of names of members.
Cessation of membership , Filling of casual vacancies.
Term of office of members.
(Sections 8-11.)
(5) he has directly or indirectly any share or interest in any contract with, by or on behalf of the Council;
(6) he has been dismissed from the service of the Central. Government or a State Government or a local authority on a charge of gross misconduct or an offence involving moral turpitude;
(7) he is a person under the age of 25.
8. The name of every member nominated or elected under section 5 or section 6 shall be published by the State Government in the Official Gazette.
9. A person shall cease to be a member of the Council—
(1) if, without obtaining the permission of the Council, he is absent from three consecutive meetings of the Council ; or
(2) if having been nominated or elected as a registered Homoeopathic practitioner he ceases to be such a registered practitioner; or
(3) if he becomes subject to any of the disqualifications referred to in section 7.