Rules for the Enlistment of Homoeopathic Medical Practitioners in U.P.

Published vide Notification No. 5656-BH/V-928-57, dated 6th October, 1958

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In continuation of notification No. 900-BH V-928-57, dated July 26, 1958 and in exercise of the powers conferred by Sections 31, 32, 33 and 56 of the U.P. Homoeopathic Medicine Act, 1951 (U. P. Act No. VIII of 1952), and of all other powers enabling him in this behalf, the Governor of Uttar Pradesh is pleased to make after previous publication the following rules for the enlistment of Homoeopathic Medical Practitioners in Uttar Pradesh under the said Act

List of Homoeopaths.- The list to be maintained under Section 60 (1) of the Act, shall be in the form given in Appendix 'A'.
Application for enlistment.- The application for enlistment as a regular homoeopathic medical practitioner shall be made in the form given in Appendix 'B'.
An applicant for enlistment must, on the date of application-

(1) be not less than 28 years of age;

(2) be of sound mind;

(3) not be an undischarged insolvent; and

(4) not have been convicted by a competent criminal court for an offence involving moral turpitude.

Form of certificate regarding ten years' regular practice.- The certificate to prove ten years' regular practice in this State on January 1, 1958, shall be prepared in the following form :

"This is to certify that Sri/Srimati/Kumari.............................................son/wife/daughter.......of.......................................of....................has been in regular practice of the Homoeopathic system of medicine for......................years on January 1, 1958, in this State and is fit person for being enlisted.

Date........................ ........................................

District Magistrate or Chairman,

Board of Homoeopathic Medicine, Uttar Pradesh.

Charges payable.- Each applicant shall pay Rs. 5 (rupees five) only as cost of form, certificate and other incidental charges, as prescribed in Section 60 (2) of the Act.
No application will be entertained if it is not accompanied by a receipt of a money order or a postal order endorsed in favour of the Registrar, Board of Homoeopathic Medicine, Uttar Pradesh, Lucknow, for the amount mentioned in Rule 5 above.
If on receipt of the application the Registrar is satisfied that the applicant is eligible for enlistment as a Homoeopathic Medical Practitioner under the Act and these rules, his name shall be entered in the list of persons in practice belonging to Homoeopathic system and a certificate as given in Appendix 'C' shall be issued to him.
Procedure for hearing of appeals under Section 31(3) of the Act.- (a) At the first meeting in each calendar year the Board shall appoint a Sub-Committee of three persons to consider the appeals which may be filed before the Board in the first instance and to place its recommendations before the Board for decision.

(b) The term of the Sub-Committee shall be one year : provided that it shall continue to function till the Board appoints a new Subcommittee for the purpose at its first meeting in the next calendar year.

Note.-All the three persons of the Sub-Committee need not necessarily be members of the Board. The Board may co-opt one member of the Subcommittee from outside who may have judicial experience, e.g., a retired Judge or Magistrate, etc. (The Sub-Committee appointed to hear appeals of the Registered Homoeopaths will serve this purpose.)

Every person who files an appeal shall have to pay a fee of Rs. 10 (rupees ten) only with the appeal which shall not be refundable.
The appellant shall have a right to be heard in his defence and he may either appear in person or by counsel, vakil, pleader or by an attorney.
Each appeal shall, as far as possible, be disposed of within six months from the date of its filing.
The name of any person enlisted in pursuance of these rules who does not devote himself to practising of Homoeopathy regularly may be removed by the Registrar after the notice.
Fee for addition or alteration of any entry regarding address, etc.- The fee for substitution, addition or alteration on each occasion of address and other particulars in the list shall be Rs. 2 (rupees two) only.
(a) Homoeopath whose name has been entered in the list and whose certificate has been lost, destroyed or badly mutilated, may apply for the issue of a duplicate certificate.

(b) Whenever an application for the issue of a duplicate certificate is made on the ground that the certificate has been lost or destroyed, the applicant shall also file an affidavit, duly verified before a Magistrate, in support of his application.

(c) The Registrar may, if he is satisfied that the certificate has been so lost, destroyed or badly mutilated, issue a duplicate certificate to the applicant on payment of a fee of Rs. 2 (rupees two) only plus postage charges.

Appendix 'A'

Form of list of persons in practice belonging to the Homoeopathic system in Uttar Pradesh

Serial No.

Name

Father's name or husband's name

Address

Fee

Qualifications

Under Rule 5

Under Rule 13	Under Rule 14	Age	Place where practising	Date of enlistment	Remarks	Signature of Registrar

Appendix 'B'

[Board of Homoeopathic Medicine, Uttar Pradesh, Lucknow]

Application for enlistment

Name (Sri/Srimati/Kumari)................................
Address (to be entered in the list)......................
Date of birth, if known................Age on January 1, following .......................(Proof furnished, vide enclosure...............
Home address.
Father's/husband's name and address...................
Qualifications..........................................
Length of regular practice in Uttar Pradesh........... ......................(proof furnished vide enclosure............................)
Names, professions and present address in full of two persons from whom character certificates are attached.

(1) ........................ (2)...........................................................

I do hereby solemnly affirm that the information furnished above is true to the best of my knowledge. Further I promise to abide by the Rules and Regulations of the Board of Homoeopathic Medicine, Uttar Pradesh, Lucknow, as amended and promulgated from time to time. I pray that my name may be entered in the list of persons in practice belonging to the Homoeopathic system, under Section 60 (2) of the Uttar Pradesh Homoeopathic Medicine Act, 1951 (U. P. Act No. VIII of 1952), as amended from time to time.

I further declare that I have been practising homoeopathy regularly in Uttar Pradesh since..............................and shall continue to practice it regularly in future also.

A sum of Rs. 5 (rupees five) only is sent by Money Order/Postal Order, vide M. O. P. O. receipt No.................date.....'..............

(Signature of applicant).

Note.-For filling up, please see instructions.

Instructions for filling up the application

Item no. 3.-Age.-A copy of the High School Certificate duly attested by a Gazetted Officer in active service should be sent as evidence of age. If the said certificate does not contain the age or is not forthcoming, or if the applicant has not passed the High School Examination, he/she may furnish anyone of the following documents as proof of age :

(i) a copy of the certificate from the recognised institution last attended containing the date of birth or age as recorded at the time of admission;

(ii) a copy of the Baptismal or birth registration certificate; (Horoscopes will not be accepted).

(iii) a certificate of age from a registered medical practitioner in the employ of the State in the district in which the applicant resides;

(iv) an extract from pension papers of a retired Government servant relating to date of birth duly attested by a Gazetted Officer in active service;

(v) a copy of Insurance Policy where age has been admitted, duly attested by a Gazetted Officer in active service.

(vi) a copy of Gratuity papers of a retired Government servant containing proof of age duly attested by a Gazetted Officer in active service.

(vii) an extract from service-book of a retired Government servant relating to date of birth duly attested by a Gazetted Officer in active service.

In the case of applicant who are unable to furnish any of the proofs laid down in sub-clauses (i) to (vii) of clause I above, a certificate from a member of the Homoeopathic Medicine Board may be obtained in proof of the fact that he/she is 28 years of age on the date of application.

Item No. 5.-Married women applicants should furnish particulars of their husbands. Others should furnish particulars of their father.

Item No. 6- Length of Regular Practice.-The certificate in proof of this should be in the form prescribed in Rule 4 of the Rules.**

Item No. 7-Character Certificates.-(a) Character certificates may be obtained in the following form from Gazetted Officer of Government in active service, or member of the Board of Homoeopathic Medicine, Uttar Pradesh, or member of State Legislature or Member of Parliament, provided they are not related to applicant and are well acquainted with the applicant's private life.

(b) Certificates must not have been obtained more than six months before the date of application.

"I certify that Sri/Srimati/Kumari........................................................of......................................son/wife/daughter of.................................................residing at............................is personally known to me for....................................years and bears good moral character."

Dated........................................

(Signature and Designation).

Appendix 'C'

Board of homoeopathic Medicine, U. P., Lucknow

Certificate No..............

Dated Lucknow...............

It is hereby certified that Sri/Srimati/Kumari.......... son/wife/daughter of........................of.................. has satisfied the Registrar, Board of Medicine, Uttar Pradesh, about his/ her eligibility for enlistment as a Regular Homoeopathic Medical Practitioner under Section 60 (2) of the Act and that he/she has accordingly been brought on the list of persons in regular practice belonging to the Homoeopathic system in witness whereof the undersigned has affixed his signature and the seal of this office.

Registrar

"(This certificate should be obtained from the District Magistrate of the district in which applicant is practising or from the Chairman of the Board of Homoeopathic Medicine, Uttar Pradesh).

[Rule Regarding Complaints Of Offences Under The Act]

In exercise of the powers conferred by Section 56 and sub-section (2) of Section 54 of the U. P. Homoeopathic Medicine Act, 1951 (U. P. Act No. VIII of 1952). The Governor of the U. P. is pleased to make the following rule :

Rule

The Registrar, Homoeopathic Medicine Board, Uttar Pradesh, is empowered to make Complaint in writing in respect of offences under the U. P. Homoeopathic Medicine Act, 1951