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Section 36

The West Bengal Homeopathic System Of Medicine Act, 1963State Act of West Bengal · Act 33 of 1963

(1) The Registrar shall, from time to time as occasion may require, on or before the date to be fixed in this behalf by the Council, cause to be printed and published (provided that at least twelve months shall have elapsed from the date of the last publication) a correct list of the names for the time being entered in the Register under each of the two Parts, A and B, setting forth therein—

(a) names of all registered Homoeopathic practitioners arranged in alphabetical order according to surname ;

(b) the registered address of each such person ; and

(c) the registered qualifications of each such person and the date on which each qualification was obtained.

(2) The Registrar shall, from time to time as occasion arises, cause to be printed and published a list supplementary thereto, containing additions and alterations in the Register since the publication of the list under sub-section (1).

The West Bengal Homoeopathic System. of 13 Medicine Act, 1963.

XXXIII of 1963.1 (Sections 37, 38.)

(3) Every court shall presume that any person whose name is entered in the latest list printed and published under sub-section (1) read with the latest list supplementary thereto, if any, printed and published under sub-section (2) is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act :

Provided that, in the case of any person whose name does not appear in the latest list printed and published under subsection (1) read with the latest list supplementary thereto, if any, printed and published under sub-section (2), a certified copy, signed by the Registrar, of the entry of the name of such person in the Register, shall be evidence that such person is registered under this Act.

37. A registered Homoeopathic practitioner shall be entitled—

(a) to grant a death certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner or medical officer ;

(ti) to grant a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner or medical officer ;

(c) to give evidence at any inquest or in any court of I of law as an expert under- section 45 of the Indian

1872. Evidence Act, 1872.

38. Except with the special sanction of the State Government; no Homoeopathic practitioner other than a registered Homoeopathic practitioner whose name is entered in Part A of the Register shall be competent to hold any appointment as a physician, medical officer or teacher, in any Homoeopathic hospital, asylum, infirmary, dispensary, or lying-in-hospital, which is supported wholly or partially by grants made by the State Government, the Council, or a local authority, or in .any Homoeopathic educational institution which is so supported or which is affiliated under clause (1) of section 18 :

Provided that a registered Homoeopathic practitioner whose name is entered in Part B of the Register shall be competent to hold any such appointment if he has held any such appointment from a date prior to the. first day of January 1961.

Certain privileges of registered Homoeopathi c practitioners.

Homoeopathic practitioners other than those registered under Part A of the Register not eligible for certain appointments.

Control of manufacture, storage and sale of Homoeopathic drugs.

Bar of suit or other legal proceedings.

14 The West Bengal Hontoeopathio System of Medicine Act, 1963.

[West Ben. Act (Section$ 39 43.)

39. Subject to the provisions of any law for the time being in force relating to drugs and poisons, the State Government shall have the power to regulate and control the manufacture, storage or sale of Homoeopathic drugs and medicines by the grant of licences, to manufacturers, stockists and sellers, on such conditions and on payment of such fees as may be prescribed.

40. No suit, prosecution or other legal proceedings shall lie in respect of any act or thing done or omitted to be done in the exercise or purported exercise of any power conferred by or under this Act on the State Government or the Council or the Executive Committee or any Committee appointed by the Council or on the Registrar.

Validation. 41. No act or thing done by the Council, the Executive Committee or a Committee appointed by the Council shall be invalid merely on the ground of any vacancy in or defect in its composition.

Finance, 42. (1) All fees payable and prescribed under this Act Audit and shall be paid to the Council.

Budget. (2) An account of all assets and liabilities of the Council and of all fees, sums, grants, donations, gifts and endowments received by it and of all expenses and disbursements incurred or made by it shall be maintained in the prescribed manner'.

(3) The account shall be audited annually in such manner and by such officer or authority as may be prescribed. A copy of the audit report shall be submitted -to the State Government by the Council.

(4) The Council shall prepare in the prescribed manner a budget for every financial year showing the probable receipt and expenditure, which shall be submitted to the State Government for approval.

Rules. 43. (1) The State Government may from time to time make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality If the foregoing power, such rules may provide for all or any if the following matters, namely :—

(i) the election of members of the Council, members of the Executive Committee and the Vice-President ;

(ii) the functions to be performed by the President and the Vice-President;

(iii) the fees payable under this Act;

(iv) the expenses to be paid under section 17 ;

(v) the salary and allowances to be paid to the Registrar ;

The West Bengal H.omoeopathd System of 15 Medicine Act, 1963.

XXXII! of 1963.]

(Sections 44 16.)

(vi) the conditions for the grant of licences under section 39 ;

(vii) the manner in which the account referred to in subsection (2) of section 42 shall be maintained;

(viii) the procedure to be followed by the Council in—

(a) conducting an enquiry under clause (b) of subsection (2) of section 24,

(b) disposing of appeals from the decision of the Registrar preferred under section 28;

(ix) any other matter which may be or is required to be prescribed under this Act.

Where this provision sits

ActThe West Bengal Homeopathic System Of Medicine Act, 1963
Section36
JurisdictionState of West Bengal
StatusIn force as published by the source

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