The Bangladesh Homoeopathic Practitioners Ordinance, 1983
An Ordinance to provide for the regulation of the qualifications and registration of practitioners of Homoeopathic system of medicine.
An Ordinance to provide for the regulation of the qualifications and registration of practitioners of Homoeopathic system of medicine. WHEREAS it is expedient to provide for the regulation of the qualifications and registration of practitioners of Homoeopathic system of medicine and for matters connected therewith; NOW, THEREFORE, in pursuance of the proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
Section 1. Short title
This Ordinance may be called the Bangladesh Homoeopathic Practitioners Ordinance, 1983.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,-
Section 3. Establishment and incorporation of Board
(1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Board of Homoeopathic system of Medicine for carrying out the purposes of this Ordinance.
(2) The Board shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
Section 4. Composition of the Board
(1) The Board shall consist of-
(2) The members under sub section (1)(b) shall be elected in such manner as may be prescribed by rules.
(3) Notwithstanding anything contained in sub section (1), for the purpose of constituting the Board for the first time, the members required to be elected under sub section (1)(b) shall be nominated by the Government.
Section 5. Terms of office of Chairman and members
(1) The Chairman and a member of the Board shall, subject to other provisions of this Ordinance and the rules made thereunder, hold office for a term of three years from the date of his election or nomination as Chairman or member, as the case may be, or until his successor shall have been duly elected or nominated, whichever period is longer.
(2) A member elected under section 4(1)(b) shall be deemed to have vacated his seat if he ceases to be teacher of any teaching institution of Homoeopathy.
(3) A casual vacancy in the Board shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(4) Where the said term of three years is about to expire in respect of any member or members, a successor or successors may be elected or nominated, as the case may be, at any time within three months before the said term expires but the member or members so elected or nominated shall not assume office until the said term has expired.
Section 6. Publication of names, etc.
The Government shall publish in the official Gazette the names of the Chairman and the members of the Board together with the dates on which such members are elected or nominated.
Section 7. Vacancies not to invalidate proceedings of the Board
No act or proceedings of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of the Board.
Section 8. Resignation from membership
The Chairman may resign his office by letter addressed to the Government and a member may resign his office by letter addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Government or the Chairman, as the case may be.
Section 9. Power of Government to nominate members in certain circumstances
If the electors referred to in section 4(1)(b) fail to elect a member within the prescribed period, the Government shall fill up the office of such member by nomination of a person qualified to be elected by such electors; and any person so nominated by the Government shall be deemed to have been duly elected by such electors.
Section 10. Declaration of vacancies
If any member-
the Board shall declare his office vacant.
Section 11. Disqualification of members
No person shall be a member of the Board, if-
Section 12. Control over the Board
If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Board is not in conformity with the provisions of this Ordinance or is in any way against public interest, the Government may, by order,-
Section 13. Functions of the Board
The following shall be the functions of the Board, namely:-
Section 14. Meetings of the Board
(1) The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be prescribed by regulations:
Provided that, until such regulations are made, the Chairman may, by notice addressed to each member, summon a meeting of the Board at such time and place as he may deem expedient.
(2) The Chairman shall preside at every meeting of the Board, and in his absence, the members present shall elect a member from amongst themselves to preside.
(3) Except as hereinafter provided, all questions at a meeting of the Board shall be decided by majority of the votes of the members present.
(4) At a meeting of the Board four members shall form a quorum.
(5) At every meeting of the Board, the Chairman for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.
Section 15. Officers of the Board and their terms and conditions of service
(1) The Board shall, with the previous approval in writing of the Government, appoint a Registrar on such terms and conditions as may be prescribed by rules.
(2) If the office of the Registrar is vacant or if the Registrar is unable to perform functions of his office on account of absence, illness or any other cause, the Board may, with the previous approval of the Government, appoint any officer of the Board to act as Registrar until a new Registrar is appointed or until the Registrar resumes the functions of his office, as the case may be.
(3) The Board may appoint such other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed by regulations.
(4) The Registrar shall be the Secretary to the Board and shall exercise such powers and perform such duties as may be prescribed by regulations.
(5) The Registrar may, in the event of an urgency, appoint for the efficient performance of the functions of the Board, such employees as he considers necessary on the terms and conditions prescribed by regulations:
Provided that every appointment under this sub-section shall be reported to the Board forthwith and no such appointment shall continue beyond six months unless approved by the Board.
Section 16. Recognition of institutions
(1) Any institution imparting or desiring to impart instruction in the Homoeopathic system of medicine may apply for recognition under this Ordinance.
(2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely:-
(3) The Registrar shall place the application before the Board, and the Board may direct the Registrar to call for any further information which it may consider necessary, and may also direct a local inquiry to be made by competent person or persons authorised by it in this behalf.
(4) After considering the report of such local inquiry, if any, and making such further inquiry as may appear to it to be necessary, the Board shall, subject to the approval of the Government, grant or refuse to grant recognition.
(5) When recognition is granted to an institution under this section, the name of the institution shall be published by the Board in the official Gazette.
Section 17. Recognised Homoeopathic Institutions
(1) The Homoeopathic institutions specified in the Schedule shall be recognised Homoeopathic institutions.
(2) The Board may, with the approval of the Government, by notification in the official Gazette, include any foreign Homoeopathic institution in Part 'B' of the Schedule.
Section 18. Maintenance of standard of efficiency
(1) It shall be the duty of the Board to secure the maintenance of an adequate standard of efficiency in recognised institutions.
(2) For the purpose of securing such standard, the Board may-
(3) The inspectors or teachers shall not interfere with the conduct of any examination and their duty shall be to report to the Board their opinion as to the sufficiency or otherwise of an examination which they attend, and any other matter in relation to such examination on which the Board may require them to report.
(4) The Board shall arrange periodical inspection of recognised institutions and supervision of examinations conducted by the Board through inspectors, to be appointed by the Board, and shall pay such salaries and allowances and travelling expenses to the inspectors as may be fixed by the Board.
Section 19. Withdrawal of recognition
(1) The Board when it thinks fit may, and when required to do so by the Government shall, make an inquiry whether any recognised institution should cease to be a recognised institution.
(2) If, in making such an inquiry, and after considering all such information and reports as are referred to in the preceding section and making such further inquiry as may appear to it to be necessary, the Board is satisfied that the courses of study provided or the examinations conducted by a recognised institution are not such as to secure an adequate standard of efficiency for the practice of Homoeopathy, it shall make an order withdrawing the recognition:
Provided that no order under this sub-section shall be made unless the institution concerned has been given an opportunity to raise, within a specified time, the standard of the courses of study and examination to the satisfaction of the Board, and the institution has, in the opinion of the Board, failed to do so.
Section 20. Duration of courses
(1) The duration of diploma course in a recognised institution of Homoeopathy shall be four years with internship for an additional period of six months.
(2) The Board may arrange for degree and other higher courses in Homoeopathy and the duration and subjects of such courses shall be as prescribed by regulations.
Section 21. Qualification for admission
The minimum qualifications required for admission to different courses shall be as prescribed by regulations.
Section 22. Qualifying examination
(1) A qualifying examination shall be held at least once in every year for the purpose of granting diploma or degree conferring the right of registration under this Ordinance.
(2) The examination shall be held on the subjects prescribed by regulations and the right of appearing at the examination shall be restricted to candidates who have undergone a course of study in such subjects in the prescribed manner at a recognised institution.
Section 23. Examining body
The examination shall be held under the control of an examining body to be appointed by the Board duly approved by the Government on annual basis.
Section 24. Controller of Examinations
The Board may, with the approval of the Government, appoint a Controller of Examinations who shall act as Secretary to the examining body and so long as the Controller of Examinations is not appointed, the Registrar shall perform the functions of the Controller of Examinations.
Section 25. Procedure of registration
(1) Application for registration under this Ordinance shall be made in such form and on payment of such fee as may be prescribed by rules.
(2) Applications under section 26(1) shall be received annually after the results of the examinations held under section 23 are declared.
(3) The Board shall examine the applications received under this section and after making such inquires as it thinks fit regarding the qualifications and the length and nature of practice of the applicants and their professional efficiency direct the entry of the names of eligible applicants to be made in the register in accordance with the provisions of this Ordinance.
Section 26. Registration of practitioners
(1) Every person who passes the qualifying examination in the Homoeopathic system of medicine from any of the institutions mentioned in the Schedule may apply under section 25.
(2) Every person who is a registered medical practitioner within the meaning of the Medical and Dental Council Act, 1980 (XVI of 1980), and passed a written examination on the subjects of Homoeopathic Materia Medica, Principles of Homoeopathy and practice of medicine and Homoeopathic Philosophy to be conducted by the examining body appointed under section 23, may apply under section 25.
Section 27. Listing of certain Homoeopaths
(1) The Registrar shall prepare and maintain a list of Homoeopaths who are entitled to have their names to be entered therein under sub-section (2).
(2) Every person who has applied to the Board before the commencement of this Ordinance and proves to the satisfaction of the Board that he has not less than five years practice to his credit and has the requisite knowledge and skill for the efficient practice of Homoeopathy, shall on payment of such fees as may be prescribed by rules be entitled to have his name entered in the list maintained under sub section (1):
Provided that a person who has applied under this sub-section shall be entitled to practise Homoeopathy until his application is disposed of.
(3) Every person whose name has been entered in the list maintained under this section shall be entitled to the privilege specified in section 33(b).
Section 28. Removal from register, etc.
The Board may direct that the name of any practitioner who has been convicted of a cognizable offence or who after the enquiry has been found guilty of misconduct shall be removed from the register or the list, as the case may be, if the offence or misconduct, in the opinion of the Board, discloses moral turpitude such as to render him unfit to practise his profession:
Provided that no action shall be taken by the Board under this section unless the person convicted of the cognizable offence or found guilty of misconduct has been given a reasonable opportunity to show cause against the punishment proposed to be inflicted on him.
Section 29. Cancellation or alteration of entries in register, etc.
The Board may, on its own motion or on information received from any person and after due enquiry and giving the person concerned an opportunity of being heard, cancel or alter any entry in the register or the list, as the case may be, if in the opinion of the Board the entry was made fraudulently or improperly.
Section 30. Maintenance of register, etc.
(1) Subject to any general or special orders of the Board, it shall be the duty of the Registrar to keep the register and the list and to attend the meetings of the Board.
(2) The register and the list shall contain the name, present and permanent addresses and qualifications of every practitioner registered or listed under this Ordinance and the date on which the qualifications were acquired.
(3) The Registrar shall keep the register and the list correct and up to date and shall, from time to time, enter therein any alteration in the present and permanent addresses and qualifications of the practitioners, and remove therefrom the names of the practitioners who die or whose names are directed to be removed in accordance with the provisions of this Ordinance.
(4) The Government may by rules prescribe any fee for any alteration in the register due to additional qualifications and for re-entry in the register under sub-section (5).
(5) If the Registrar has reason to believe that any registered or listed practitioner has ceased to practise or has changed his present or permanent address without due information to him, he may write, by registered post, to such practitioner at the address as entered in the register or the list, as the case may be, to inquire whether he has ceased to practise or has changed his present or permanent address or residence, and if within six months no reply is received, the Registrar may remove the name of such practitioner from the register or the list, as the case may be:
Provided that the Board may, at any time on the application of the practitioner whose name is removed under this sub-section, order that the name of such practitioner be re-entered in the register or the list, as the case may be.
Section 31. Publication of list
(1) The Registrar shall, in every fifth years, on or before a date to be fixed by the Board cause to be published a correct list of the names and qualifications, for the time being entered in the register and list and the dates when such qualifications were acquired.
(2) It shall be presumed that any person whose name has been entered in any such list, is a registered or a listed practitioner, as the case may be, and that any person whose name is not so entered is neither a registered nor a listed practitioner.
Section 32. Intimation of change of address
Every registered practitioner shall inform the Registrar of any change in his permanent address.
Section 33. Privileges of registered practitioners
Notwithstanding anything contained in any law for the time being in force, every practitioner registered under section 26(1) shall be entitled-
Section 34. Code of Ethics
A registered practitioner and listed Homoeopath shall abide by the Code of Ethics for Homoeopathic practitioners framed by the Board and approved by the Government.
Section 35. Restrictions
No practitioner registered under section 26 or, as the case may be, entered in the list under section 27 shall stock, prescribe or sell any drugs or medicines except such as are included in the Homoeopathic Pharmacopoeia approved by the Board.
Section 36. Penalties
Whoever contravenes the provisions of section 34 or 35, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one thousand, or with both.
Section 37. 37. Persons not registered under this Ordinance not to practise, etc.
(1) No person other than a practitioner registered or listed under this Ordinance shall practise or hold himself out, whether directly or by implication, as practising the Homoeopathic system of medicine.
(2) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka one thousand, or with both.
Section 38. Colourable imitation of degree
(1) No person other than a body or institution authorised under this Ordinance shall confer, grant or issue a degree, diploma or certificate which purports to entitle the holder to practise Homoeopathic system of medicine, or which is identical with or is a colourable imitation of any degree, diploma or certificate granted by a body or institution so authorised.
(2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to Taka one thousand, and if the person so contravening is an association, every member of such association, who knowingly or wilfully authorises or permits the contravention, shall be punishable with fine which may extend to Taka one thousand.
Section 39. Prohibition against use of title, description, etc.
(1) No person shall add to his name, title or description any letters or abbreviation which imply or are calculated to lead to the belief that he holds a degree, diploma or certificate as his
qualification to practise the Homoeopathic system of medicine unless he holds such degree, diploma or certificate and such degree, diploma or certificate-
(2) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka one thousand, or with both.
Section 40. Savings
Nothing in this Chapter shall apply to any person who, being a technical assistant attends on a case under the direction and personal guidance of registered practitioners of Homoeopathy.
Section 41. Cognizance of offence, etc.
(1) No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing by an officer empowered in this behalf by the Government.
(2) No Court other than the Court of a Magistrate of the first class shall try an offence under this Ordinance.
Section 42. Supersession of the Board
(1) If at any time it appears to the Government that the Board has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Ordinance, or has failed to perform a duty imposed upon it by this Ordinance, the Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Board, and if the Board fails to remedy such failures, excess or abuse, within such time as may be fixed in this behalf, the Government may, by notification in the official Gazette, supersede the Board for such period not exceeding ninety days, as may be specified in the notification.
(2) Upon the supersession of the Board under sub section (1),-
(3) The Board shall be reconstituted in accordance with the provisions of this Ordinance for the exercise and performance of its powers and functions on the expiry of the period specified in the notification under sub section (1).
Section 43. Grants, aids, fees, etc., received by the Board
All moneys received by the Board including grants, aids and fees shall be applied for the purposes of the Board in accordance with the rules and regulations made under this Ordinance.
Section 44. Death of a registered or listed practitioner
Every person in charge of registration of deaths shall, on receiving notice of the death of a registered or listed practitioner, forthwith transmit by post to the Registrar a certificate under his own hand of such death with the particulars of time and place of death and may charge from the Registrar the cost of such certificate and transmission as an expense of his office.
Section 45. Indemnity
No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is done or intended to be done, in good faith, under this Ordinance or the rules or regulations made thereunder.
Section 46. Power to make rules
(1) The Government may, after consulting the Board, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
Section 47. Power to make regulations
The Board may, with the previous approval in writing of the Government, make regulations not inconsistent with this Ordinance or the rules made thereunder for the following matters, namely:-
Section 48. Repeal and savings
(1) The Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965 (II of 1965), hereinafter referred to as the said Act, shall in so far as it relates to the Board of Homoeopathic System of Medicine established thereunder referred to as the defunct Board, is hereby repealed.
(2) Upon the repeal of the said Act,-