HOMOEOPATHY ACT

Arrangement of Sections

1. Short title and date of operation.

PART I

ESTABLISHMENT OF THE HOMOEOPATHIC MEDICAL COUNCIL

2. Establishment of the Homoeopathic Medical Council.

3. Disqualification for being elected or appointed as a member of the Council.

4. Removal of the members from office.

5. Vacation of office by members of the Council.

6. Election of the members for the purpose of section 2(3)(b).

7. Appointment of the President and Vice President.

8. Resignation of the President etc.

9. Term of office of the members of the Council.

10. The meetings of the Council.

11. Minutes of proceedings.

12. Remuneration of the members of the Council.

13. No act, decision or proceeding of the Council shall be invalid by reason only of the existence of any vacancy.

14. The seal of the Council.

PART II

THE OBJECTS AND POWERS OF THE COUNCIL

15. Objects of the Council.

16. Powers of the Council.

17. Power of the Council to make rules.

18. Registrar and other officers and employees of the Council.

19. Matters in respect of which moneys may be paid.

PART III

ESTABLISHMENT OF HOMOEOPATHIC MEDICAL COLLEGES OR HOMOEOPATHIC
MEDICAL INSTITUTIONS

20. Establishment of a Homoeopathic Medical College or Homoeopathic Medical Institution by persons other than the Council.

PART IV

RECOGNITION OF HOMOEOPATHIC MEDICAL QUALIFICATIONS

21. Recognition of Homoeopathic medical qualification awarded in Sri Lanka.

22. Recognition of Homoeopathic medical qualification awarded outside Sri Lanka.

23. Council to appoint Medical Inspectors.

24. Consequences of failure to conform to prescribed standards.

25. Minimum standards of education.

26. Rights and privileges of persons holding recognised qualification.

27. Council to require information to be furnished.

PART V

THE REGISTER OF HOMOEOPATHY

28. Register of Homoeopathy.

29. Qualifications for registration as a Homoeopathic practitioner.

30. Special circumstances under which registration may be made.

31. Maintenance of Register of Homoeopathic pharmacists.

32. Standards of professional conduct and etiquette and a code of ethics.

33. Removal of the names of persons from the register.

34. Rights of any persons possessing certain recognised medical qualifications.

35. Meaning of “registered Homoeopathic practitioner”.

36. Entry of additional title, diploma or other qualifications.

37. Transfer of the place of his residence to be notified.

38. Pretence to be a registered Homoeopathic practitioner, or practicing for gain as a Homoeopathic practitioner when not registered, to be an offence.

PART VI

FINANCE AND ACCOUNTS

39. The Fund of the Council.

40. The financial year and the audit of accounts.

PART VII

MISCELLANEOUS

41. Medical Ordinance not to apply to registered Homoeopathic practitioners.

42. Council to furnish reports etc. to the Minister.

43. Exempt the Council from any duties and of any tax.

44. Complaints made against the Council.

45. Homoeopathic units for manufacturing, storing and selling of medicine to be registered.

46. Directions by the Minister.

47. Regulations.

48 All members, officers and employees of the Council deemed to be public servants.

49. The Council deemed to be a scheduled institution within the meaning of the Bribery Act.

50. Repeal and savings.

51. The Interim Homoeopathic Medical Council.

52. Interpretation.

53. Sinhala text to prevail in case of inconsistency.

10 of 2016.

AN ACT to provide for the establishment of a Homoeopathic Medical Council; for the registration of Homoeopathic practitioners and Homoeopathic pharmacists; for the registration and regulation of Homoeopathic Institutions; to promote, foster, and regulate the Homoeopathic system of medicine and for the regulation and control of the manufacture, importation, storage, sale and distribution of Homoeopathic medicine, drugs and other Homoeopathic preparations; to repeal the Homoeopathy Act, No. 7 of 1970 and to make provision for matters connected therewith or incidental thereto.

[Date of Commencement: Not yet in force]

1. Short title and date of operation.

This Act may be cited as the Homoeopathy Act, No. 10 of 2016 and shall come into operation on such date as may be appointed by the Minister (hereinafter referred to as the “appointed date”) by order published in the Gazette.

PART I

ESTABLISHMENT OF THE HOMOEOPATHIC MEDICAL COUNCIL

2. Establishment of the Homoeopathic Medical Council.

(1) There shall be established a Council which shall be called the Homoeopathic Medical Council (hereinafter referred to as the “Council”).

(2) The Council shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in that name and may hold, acquire and dispose of any property movable or immovable.

(3) The Council shall consist of the following members appointed by the Minister—

(a) ex officio members, namely—

(i) Additional Secretary of the Ministry or an officer not below the rank of Senior Assistant Secretary nominated by the Secretary to the Ministry;

(ii) a representative of the General Treasury nominated by the Secretary to the Ministry of the Minister assigned the subject of finance;

(iii) a representative of the University Grants Commission nominated by the Chairman of the University Grants Commission established under the Universities Act, No. 16 of 1978;

(b) five members to be elected in the manner specified in section 6 from among the registered practitioners of Homoeopathy;

(c) three members to be appointed by the Minister, of whom at least two members shall be from among the registered practitioners of Homoeopathy.

3. Disqualification for being elected or appointed as a member of the Council.

A person shall be disqualified from being elected or being appointed as a member of the Council if he—

(a) is or becomes a member of Parliament or of any Provincial Council or of any Local Authority; or

(b) is less than twenty five years of age; or

(c) is found or declared to be of unsound mind under any written law in force in Sri Lanka or any other country; or

(d) is an undischarged, bankrupt or insolvent under any written law in force in Sri Lanka or any other country; or

(e) is an employee of the Council; or

(f) convicted by a competent court of an offence involving of moral turpitude; or

(g) is not, or ceases to be a citizen of Sri Lanka; or

(h) ceases to be a registered practitioner of Homoeopathy.

4. Removal of the members from office.

(1) The Minister may remove from office any member other than an ex officio member, for reasons assigned after an inquiry.

(2) Every such removal shall be published in the Gazette.

5. Vacation of office by members of the Council.

A member of the Council, other than an ex officio member shall be deemed to have vacated office—

(a) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council;

(b) on ceasing to be a registered Homoeopathic practitioner;

(c) on the acceptance of the resignation in writing by the Minister;

(d) on the expiry of his term of office;

(e) on his removal from office by the Minister under the Act;

(f) if he becomes subject to any of the disqualifications referred to in section 3.

6. Election of the members for the purpose of section 2(3)(b).

An election for the purpose of section 2(3)(b) shall be conducted by the Secretary to the Ministry of the Minister in such manner as may be prescribed.

7. Appointment of the President and Vice President.

(1) The members of the Council shall elect a President who is a registered medical practitioner of Homoeopathy and a Vice President from among the members of the Council in such manner as may be prescribed.

(2) Where any dispute arises regarding the election of a member to the Council it shall be referred to the Minister, whose decision on such matter shall be final.

8. Resignation of the President etc.

The President, Vice president, and any member of the Council other than the ex officio members of the Council may at any time resign his office by letter addressed to the Minister and such resignation shall take effect from the date of acceptance by the Minister.

9. Term of office of the members of the Council.

(1) Every ex officio member of the Council shall hold office as long as he holds the post by virtue of which he is a member of the Council.

(2) The President, Vice President, and a member of the Council shall, unless he vacates office earlier by death, resignation or removal hold office for a term of three years:

Provided however, that the member elected or appointed in place of a member who vacates office, shall hold office for the unexpired period of the term of office of the member whom he succeeds:

Provided further, that the unexpired period of the term of office so held by such member, shall not be deemed to be a full term for the purpose of re-election or re-appointment under section 2.

(3) A member of the Council shall, unless he is removed from office, be eligible for re-election or re-appointment to the Council for two consecutive terms.

(4) The election or appointment of the members of the Council shall be held at least three months prior to the expiry of the term of the Council.

10. The meetings of the Council.

(1) The Council shall hold meetings at least once in three months at such time and place as may be determined by the Council.

(2) The President, shall preside at any meeting of the Council and in the absence of the President, the Vice President or in the absence of both the President and Vice President a member elected by the members present shall preside at such meeting.

(3) The quorum for a meeting of the Council shall be seven.

(4) All questions for decision at any meeting shall be decided by a majority of votes of the members present.

(5) In the event of an equality of votes at any meeting of the Council, the President, Vice President or the member presiding at such meeting shall, in addition to his own vote, have a casting vote.

(6) Subject to the other provisions of this Act, the Council may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

11. Minutes of proceedings.

(1) The minutes of the proceedings of every meeting of the Council shall be entered in a book to be kept for the purpose and shall be signed by the President of the meeting.

(2) A copy of the minutes of the proceedings of every meeting of the Council shall, be transmitted to the Minister within fourteen days from the date of the meeting.

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