THE BOMBAY HOMEOPATHIC PRACTITIONER’S ACT, 1959

Dr Devang Bhatt

HOMEOPATHY

Principle: "like healing like " (Similia Similibus Curentur)

Belief: A sick person’s symptom are sings of the body’s battle against illness & they try to stimulate, rather than suppress his reaction.

Discovery: The treatment was discovered some 200 years ago by a German doctor, Friedrich Samuel Hahnemann.

THE BOMBAY HOMOEOPATHIC & BIOCHEMIC PRACTITIONER ACT ,1959

An Act to consolidate and amend the law relating to the regulation of qualifications and registration of Homoeopathic practitioners in the State of Bombay.

It extends to the whole of the State of Maharashtra.

It was enacted and come into force on

such 27th day of October 1961.

CHAPTERS

There are seven chapters and two schedules. Amendments: From the year 1962 till 1988

the Act has been amended 13 times. In the CHAPTER I, ‘PRELIMINARY. ‘this

Act may be called ‘The Bombay Homoeopathic Practitioners' Act,

1959.

DEFINITIONS

"Central Council“ means the Central council of homeopathy constituted under section 3 of the Homeopathy Central Council Act;1973

"Council“ means the Maharashtra Council of Homoeopathy.

"Homoeopathy" means the Homoeopathic system of medicine and includes the use of Biochemic remedies.

DEFINITIONS

"Recognized institution "means any institution recognized under section 30 for giving instructions in the courses leading to 'the examinations held by the Council.

"Register” means the register of practitioners prepared and maintained under section 21.

THE MAHARASHTRA COUNCIL OF HOMEOPATHY

On the date of commencement of the Bombay Homoeopathic and Biochemic Practitioners‘ (Amendment) Act, 1985, The Maharashtra Council of Homoeopathy have been established.

THE MAHARASHTRA COUNCIL OF HOMOEOPATHY

The Name of Council:Maharashtra Council of Homoeopathy

Address : 235, Peninsula House, 3rd Floor,  Dr.Dadabhai Nauroji Rd, Fort, Mumbai 400001

Head of the Council office: Registrar Constitution of the Council: 11 members including

President & Vice-President, elected by the members of the Council by ballot, from amongst themselves.

Term: This Council term is from

14/2/2007 to 13/2/2012

The Deputy Director of Homoeopathy

Ex-Officio member Name of Deputy Director of Homoeopathy

Dr. Titar Govind Prataprao The Name of President 

 Dr. Mahindre Priya Prakash The Name of Vice-President

  Dr. Patil Manish Rajkumar

POWERS, DUTIES, FUNCTIONS OF THE COUNCIL

Registration

• To provide for registration of practitioners and to maintain the register;• To hear and decide appeals from any decision of the Registrar

Reprimand

• To reprimand a registered practitioner, or to suspend or remove him from the register or to take such other disciplinary action against him as may,  in the opinion of the Council, be necessary

Exam

• To hold examinations, to make all the necessary arrangements of such examinations and to charge fees there for

POWERS, DUTIES, FUNCTIONS OF THE COUNCIL

Courses

• To conduct the courses of training leading to the examinations held by the Council

• To grant degrees, diplomas and marks of honor ;

Medals

• To award stipends, scholarships, medals, prizes and other rewards • To provide for the maintenance of an adequate standard of

proficiency for  the practice of Homoeopathic

Post

graduate

• To recommend and promote schemes for post-graduate  training and  research in Homoeopathy and Biochemistry

INCOME OF THE COUNCIL

The income the Council shall consist of (a) fees received from the practitioners; (b) fees received from the examinees (c) any other fees collected by the Council (d)grants received from the State Govenment (e)donations and any other sums received by the

Council

CHAPTER IV

REGISTRATION OF PRACTITIONERS

Registrar shall prepare and maintain a register of Homoeopathic  practitioners for the

State of Maharashtra in accordance with the provisions of this Act.

There register shall include the following particulars:

(a) Full name, nationality and residential address of the registered practitioner; (b) the date of his admission to the register; (c) the qualification for registration and the date on which he qbtained his degree, diploma or any other like award in Homoeopathy and The authority which conferred or granted it;

(d) his professional address

At any time or an application made in the form prescribed by rules to the Registrar and on payment of a fee of Rs 300

CHAPTER V

EXAMINATIONS HELD BY THE COUNCIL AND RECOGNITION OF INSTITUTIONS

(1) Every institution recognized under this section shall be entitled to train students for the examinations in accordance with the regulations made by the Central Council for conferring the medical qualifications in Homoepathy‘ recognised by the Central Council

2) Any institution desirous of recognition under this Act shall send an application to the Registrar giving full

information in respect of the following (a) the constitution and personnel of the managing body; (b) subjects and courses and the examination for which it seeks recognition; (c) accommodation, equipment and the number of students. (d) the strength of the staff, their salaries, qualifications and the research work

carried out by them;

(e) fees levied

(3) The Council may also direct a local inquiry to be made by a Competent person or persons authorised by it in this behalf. . (4) After making such further inquiry as may be necessary, the Council shall forward the application Together with its report to the State Government with its opinion .The State Government may thereupon grant or refuse the recognition or may grant it subject to such condition as it deems fit. 'The decision of the State Government shall be final.

(5) It shall be the duty of the Council to secure the maintenance of an adequate standard of proficiency for the practice of the Homoeopathic system of medicine (6) The inspectors, members or visitors shall not interfere with the conduct of any examination but it shall be their duty to report to the council their opinion

(7) Every recognised institution and every examination held by such institution shall be inspected by the Council through its inspectors

Withdrawal of recognition of Institutions.

If it appears to the State Government on the report of the Council that any institution recognized under section 30 is not maintaining an adequate standard of training according to requirements of Council, the State Government may at any time withdraw the recognition granted to such institution:

Provided that, before any direction for the withdrawal of the recognition is made under this section, the institution shall be given a reasonable opportunity and time to come up to the required standard.

Bombay Homeopathic Practitionar Act

CHAPTER 06Exemption from serving on inquests, etc.

The number and (designatioris, salaries, allowances and other conditions to Offices members and servants other than the registrar under sub-section of (6)section .5

Income and expenses of the Board

The fees chargeable, and the form of application, for the issue of duplicatecertificate of registration under clause (c) of sub-section (12) of section 20Fees and allowances to members to be paid under section 12

fees received from practitioners and examinees,grants received from the Government,donations and other sums.

CHAPTER 7

Publication of list of practitioners

The Registrar shall every year on or before the thirtieth day of June publish in the official Gazette a correct list of the names and qualifications of all practitioners entered in the register on the first day of January of that year

Rules & Regulation

The State Government may, by notification, and after previous publication, make rules to carry out all or any of the purposes of this Act

The manner in which vacancies shall be filled under section 7

The powers to be exercised and functions to be performed by the Board under section 15;

The particulars to be entered in the register under clause (e) of sub-section (2) of section 17;

The manner of filling a vacancy under sub-section (3), the duties and functions to be performed by the Court under sub-section (5) and the time and place of the meeting and the procedure to be followed regarding its working under sub-section (6) of section 16;

The manner of making inquiry under sub-section (3), and the form of certificate under sub-section (5) of section 18

Repeal.—The Bombay Homoeopathic Act, 1951 (Bombay Act XLVIII of 1951), as in force in the 1[Belgaum Area]1, is hereby repealed

The fees chargeable for the alteration of entries as respects additional qualification under sub-section (3) of section 22;

The time and place at which and the manner in which the Board shall hold its meetings under section 12,the language in which the examinations shall be conducted and instruction shall be given;

CASE LAW PETITIONER: POONAM VERMA

Vs.

RESPONDENT: ASHWIN PATEL & ORS

DATE OF JUDGMENT: 10/05/1996

Respondent No. 1 pursued a 4 years' course in Homoeopathic Medicine and Surgery and after being declared successful in the Examination conducted by the Homoeopathic Medical College, Anand, Gujarat, he was awarded a Diploma in Homoeopathic Medicine and Surgery on the basis of which he was registered as a Medical Practitioner in 1983.

Initially, he joined a private nursing home at Bombay where he worked, as he claims, as Chief Medical Officer from 1983 till he opened his own private clinic in 1989 and took up private practice.

Pramod Verma, husband of the appellant,.   On 4th of July, 1992, Pramod Verma,

complained of fever was examined at his residence by Respondent (Dr. Ashwin Patel)

He was  kept on allopathic drugs by Dr. Ashwin for viral fever up to 6th July, 1992 and, thereafter, for typhoid fever. 

When condition of Pramod Verma deteriorated, he was shifted to Sanjeevani Maternity and General Nursing Home of Dr. Rajeev Warty (Respondent No.2) as an indoor patient on 12th July, 1992. This was done on the advice of Respondent No. 1. Verma received treatment there till the evening of 14th July, 1992 when he was transferred to the Hinduja Hospital in an unconscious state where, after about four and a half hour of admission, he died.

Claim lodged before the Commission it was set out by the appellant that Respondent No. 1 was negligent in administering strong antibiotics to Pramod Verma initially for the treatment of Viral Fever and subsequently for Typhoid Fever.

It was also set out that Respondent No. 1 was not qualified or even authorised to practise in Allopathic System of Medicine and prescribe allopathic drugs and, therefore, his lack of expertise in the Allopathic System of Medicine was responsible for deficiency in the treatment administered by him.

Appellant, thereafter, filed (on 14.8.92) Original Petition No. 184 of 1992 before the National Consumer Disputes Redressal Commission (for short, 'commission'), at New Delhi praying for compensation and damages being awarded to her by Respondents 1 and 2 for their negligence and carelessness in treating her husband (Pramod Verma) but the Commission by its judgment and order dated 8.11.1994 dismissed the petition

Respondent No. 1 had all along treated Pramod Verma under Allopathic System prescribing Allopathic Medicines though he himself was registered as Medical Practitioner with the Gujarat Homeopathic Medical Council.

He had not obtained any degree related to prescribing allopathic drugs to the patients and was hence liable for negligence.

This decision was given by the Supreme Court as under Section 28 of the act it is given that a registered homeopathic doctor can only practice homeopathy and not any other form of medicine.

http://www.mchmumbai.org/Homeopathy10GoodReasons.htmhttp://bombayhighcourt.nic.in/libweb/acts/1960.12.pdf

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