43.No
member or officer or servant of the Council in any
legal proceeding which the Council is not party,
be required to produce any register or document or
to appear as a witness to prove the matter recorded
there in, unless the court for special reasons, so
directs.
|
Restriction
on summon of a Council servants to produce documents |
44.
No suit, prosecution or other legal proceeding shall
be instituted against any person for anything which
is, in good faith, done or intended to be done under
this Act or under the rule or regulation made there
under.
|
Indemnity
to persons acting under the Act |
45.The
registrar and any other officer or servant of the
Council shall be deemed to be a public servant within
the meaning of section 21 of the Indian Panel Code, 1860(45 of 1860).
|
Registrar
and other servants of the Council to be public servants |
46.1)
No court other than the court of a magistrate of first
class shall take cognizance of or try an offence under
this Act.
2) No court shall take cognizance of any offence under
this Act.
|
Cognizance
of offences |
47.1)
For the purpose of advising the Council on questions
of law arising in any inquiry or in general, there
may be appointed by the Council, an assessor who shall
be an advocate enrolled under the Advocate Act, 1961(No.
25 of 1961).
2) Any assessor under this section may be appointed
either generally or any particular inquiries and shall
be paid such remuneration as may be determined by
the Council.
|
Appointment
of Assessor |
48.(1)
An appeal shall lie to-
a) The Council from every decision or order of the
Register under this Act;
b) The state Government from every decision of the
Council under this Act except a decision in appeal
made by the Council under clause (a).
(2)
Every appeal shall be preferred within such period
in such manner and such fee such may be prescribed.
(3) The decision of the Council or the State Government,
as the case may be, in appeal shall be final.
|
Appeals |
49.1)
Any university or other medical institution in India
or outside which grants medical qualification in
Homoeopathy not included in the schedule may apply
to the State Government to have such qualification
recognized and the State Government after consulting
the Council, by notification, amend the schedule
so as to include such qualification therein and
such qualification shall be recognized qualification
when granted after a specified date.
2) The State Government may, by notification, amend
the schedule so as to include therein the recognized
medical qualification included the second schedule
and third schedule to the Homoeopathy central Council
Act, 1973 from time to time.
|
Power
to amend schedule |
50.Any
person who contravenes any of the provisions of this
Act, or any of the rules made there under shall, on
conviction be punishable with fine which may extend
to one thousand rupees on first conviction and if
the person so contravening is an association, every
member of such association who knowingly or willingly
authorizes permit the contravention shall on conviction
be punishable with fine which may extend to one thousand
rupees on the first conviction and two thousands rupees
for every subsequent conviction.
|
Penalty |
