Homoeopathy Central Council Act, 1973
15. Rights of persons possessing
qualifications included in Second or the Third Schedule to be enrolled
(1) Subject to the other provisions contained
in this Act, any medical qualification included in the Second or the Third
Schedule shall be sufficient qualification for enrolment on any State Register
of Homoeopathy.
(2) No person, other than a practitioner of
Homoeopathy who possesses a recognized medical qualification and is enrolled on
a State Register or the Central Register of Homoeopathy,—
(a) shall hold office
as Homoeopathy physician or any other office (by whatever designation called)
in Government or in any institution maintained by a local or other authority;
(b) shall practice
Homoeopathy in any State;
(c) shall be entitled
to sign or authenticate a medical or fitness certificate or any other
certificate required by any law to be signed or authenticated by a duly qualified
medical practitioner;
(d) shall be entitled
to give any evidence at any inquest or any court of law as an expert under
section 45 of the Indian Evidence Act, 1872 on any matter relating to
Homoeopathy.
(3) Nothing contained in sub-section (2) shall
affect-
(a) the right of a
practitioner of Homoeopathy enrolled on a State Register of Homoeopathy to
practice Homoeopathy in any State merely on the ground that, on the
commencement of this Act, he does not possess a recognized medical
qualification;
(b) the privileges
(including the right to practice Homoeopathy) conferred by or under any law
relating to registration of practitioners of Homoeopathy for the time being in
force in any State, on a practitioner of Homoeopathy enrolled on a State Register
of Homoeopathy;
(c) the right of a
person to practice Homoeopathy in a State in which, on the commencement of this
Act, a State Register of Homoeopathy is not maintained if, on such
commencement, he has been practicing Homoeopathy for not less than five years;
(d) the rights
conferred by or under the Indian Medical Council Act, 1956 [including the right
to practice medicine as defined in clause (f) of section 2 of the said Act] or
the Indian Medicine Central Council Act, 1970 of persons possessing any
qualifications included in the respective Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.