In exercise of the powers conferred by sub section 1 and clauses a, b c , f , g, o and p of sub section 2 of section 55 of the National Commission for Homoeopathy Act

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 798] NEW DELHI, MON DAY , DEC EMBER 4, 2023/ AGRAHAYANA 13, 1945 CG-DL-E-05122023-250433 NATIONAL COMMISSION FOR HOMOEOPATHY NOTIFICATION New Delhi, the 1st December , 2023 F. No. 1-93/2023 -NCH .—In exercise of the powers conferred by sub -section (1) and clauses (a), (b) (c), (f), (g), (o) and (p) of sub -section (2) of section 55 of the National Commission for Homoeopathy Ac t, 2020 (15 of 2020) and in supersession of the Central Council of Homoeopathy (General) Regulations, 1973, except as respects things done or omitted to be done before such supersession, the National Commission for Homoeopathy hereby makes the following re gulations, namely: — 1. Short title and commencement. —(1) These regulations may be called the National Commission for Homoeopathy (General) Regulations, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. - (1) In these regulations, unless the context otherwise requires, -- (a) “Act” mean s the National Commission for Homoeopathy Act, 2020 (15 of 2020); (b) “employees” means officers and employees of the Commission appointed under sub -section (5) of section 8 of the Act; (c) “expert or professional” means a person of integrity and outstandi ng ability having special knowledge in Homoeopathy, and experience in field including medical education in homoeopathy, public health, management, economics, accreditation patient adv ocacy, health research, science and technology, administration, finance, accounts or law ; (d) ‘Secretary’ means Secretary of the Commission appointed under sub -section (1) of section 8 of the Act. (2) The words and expressions used herein and not defined in these regulations but defined in the Act, shall have the same meanin gs respectively, as assigned to them in the Act. 3. Office of Commission .- The office of the Commission shall be at New Delhi. 4. Meetings of Commission. - (1)The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson . (2) The meetings of the Commission shall ordinarily be held at Delhi or at such other place and on such dates and time as may be decided by the Chairperson. (3) The mode of the mee ting may be online or physical mode as decided by the Chairperson. (4) The Chairperson may call a special mee ting at any time within three days notice along with agenda papers, to deal with such specific matter, requiring the attention of the Commission ur gently as proposed by the concerned Autonomous Board. (5) In the case of special meetings as referred in sub -regulation (4), the subject for which the meeting has been called, shall only be discussed. (6) The Chairperson shall preside at the meeting of the Commission and if, for any reason, the Chairperson is unable to attend the meet ing of the Commission, any Member being the President of the Autonomous Board nominated by the Chairperson shall preside over the meeting. (7) One-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the Chairperson or in his absence, the President of the Autonomous Board nominated under sub -regulation (6), shall ha ve the casting vote. 7. Agenda paper. - (1) The Secretary as per the direction of the Cha irperson shall issue the notice of the meeting and preliminary agenda paper containing the business matter to be brought before the Commission , followed by the detailed agenda so as to reach atleast seven days in advance to the Members by e -mail or registe red post . (2) A Member who wi shes to move any agenda not included in the preliminary agenda paper or an amendment to any agenda item so included in the preliminary agenda paper, shall be communicate to the Chairperson for approval to be noted in the agend a by not less than seven clear days before the date fixed for the meeting. (3) The Chairperson may allow supplementary agenda during the meeting of the Commission considering essentiality or urgency or if referred by the Central Government or Autonomous Bo ards or Secretariat. (4) The Chairperson shall direct any business, which may be necessary for the Commission to discuss and decide due to urgency, to be transacted by circulation among the Members of the Commission and decision taken up shall be ratified in the subsequent meeting of the Commission. 8. Adjournment of meeting. -(1) The Chairperson may, if he deems necessary due to exigencies, at any time, adjourn the meeting to any future day or to any hour of the sa me day and state the reasons thereof. (2) Whenever a meeting is adjourned to a future da et, the Secretary shall send notice of the adjournment to every Member . (3) It shall be the prerogative of the Chairperson to change in the order of business on the agenda, either at the beginning of the meeti ng or after the conclusion of the debate on a particular item during the meeting. (4) The matter which had not been on the agenda of the original meeting, shall also be discussed at an adjourned meeting, after completion of agenda of the original meeting. (5) If any question arises with reference to procedure in respect of a matter for which these regulations make no provision, the matter shall be decided by a majority of the Members present and voting. 9. Agenda and decisions to be in printed form. - The agenda and decisions adopted in the meetings of the Commission shall be preserved in the printed form with signature of the Secretary . 10. Minutes to be attested by the Chairperson. - (1) The Secretary or in his absence any other officer authorised by the Chairperson shall attend the meeting and take notes of the proceedings and prepare the minutes of the meeting. (2) The minutes of the meeting as approved by the Chairperson shall be deyetntc to each Member within seven days of the meeting by e -mail or by registered post. (3) The proceedings shall be recorded with the decision undertaken by the Commission along with the noting of difference of opinion of the Member, if any. 11. Objections regarding minutes. - If any objection or observation regarding the co rrectness of the minutes is received within fifteen days of the receipt of the minutes from the Members sent by the Secretary, such objection or observation together with the mi nutes as recorded and attested shall be placed before the Commission in the subsequent meeting or circulated again to the Members for confirmation .The action on the agenda point shall be taken up as per the decision mentioned in the minutes: Provided tha t if no objection over the minutes of the meeting is received from the Members w ithin ten days of the receipt of the minutes sent by the Secretary, such decision in the minutes shall take effect: Provided further that the Chairperson or the President of t he Autonomous Boards may direct that the action be taken on the decision of the C ommission considering the urgency of the matter before the expiry of the period of ten days. 12. Volumes of minutes. -The minutes of the meeting shall as soon as is practicab le after their confirmation, be made up in sheets and consecutively paged for inse rtion in a volume, which shall be permanently preserved for reference and records purpose. (4) The minutes shall be prepared by the concerned Secretary of the Commission chairing the meeting and a copy shall be provided to o ther two Commissions for required actions. 14. Procedure for meetings of Autonomous Boards. -(1) The meetings of each Autonomous Boards (Board of Ethics and Registration for Homoeopathy, Homoeopathy Education Board and Medical Assessment and Rating Board f or Homoeopathy) constituted under section 18 of the Act shall meet at least once a month to d ischarge the functions as assigned under the Act. (2) The meeting shall be presided by the respective President or in his absence, by any Member of the respective Board to be nominated by the President. (3) The President shall nominate any officer of th e respective Autonomous Board to act as convener for conducting the meeting, preparation of Agenda and prepare the minutes. (4) The meetings of the Autonomous Boards shall be governed as per the regulations applicable to the meeting of the Commission to a n extent as applicable. (5) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within thir ty days of the communication of such decision. 15.Meeting of Advisory Council. --(1) The Advisory Council for Homoeopathy shall meet at least t wice in a year at such time and place as may be decided by the Chairperson of the Commission, who is the ex-officio Chairperson of the Advisory Council. (2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Advisory Council, such other Member as nominated by the Chairperson shall preside over the meeting. (3) The provisio ns provided under regulations 4 of these regulations shall also apply to conduct the meeting of the Advisory Council. (4) All the Members of the Commission shall be the ex-officio Members of the Advisory Council. 13. Joint meeting of the Commission. -(1) There shall be a joint sitting of the Com mission, the National Commission for Indian System of Medicine and the National Med ical Commission, at least once in a year, at such time and place as the Chairpersons of these Commissions mutually ctdcct , to enhance the interface between Homoeopathy, Indi an System of Medicine and Modern system of Medicine. (2) The Agenda for the joint s itting may be oeeoeotc with mutual agreement by the Chairpersons of the Commissions concerned. (3) The joint sitting may, by an affirmative vote of all Members present and voting, decide on approving specific educational and medical modules or programs tha t could be introduced in the undergraduate and postgraduate courses across medical systems, and promote medical pluralism. (5) The Advisory Council shall be the pri mary platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medical education, training , research and development of Homoeop athy. (6) The Advisory Council shall advise the Commission on measures to determine and maintain, and to coordinate maintenance of the minimum standards in all matters relating to the medical education, training, resear ch and development. (7) The Advisor y Council shall advise the Commission on measures to enhance equitable access to medical education. (9) The Agenda of the meeting may be proposed by the Presidents of Autonomous Boards or Secretariate or Chairperson or as received from the members of the Advisory Council. 16. Powers and duties of Secretary. – (1) The Secretary shall be the Head of the Secretariat for the Commission. (2) The Secretary shall have administrative and financial powers as delegated by the Commission. (3) The Secretary shall be the a uthority to approve the tour programme and leaves of the employees of the Commission’s Secretariat. (4) All orders and decisions of the Commission shall be authenticated and communicated to other persons or agencies or organisations, under his signatures. (5) Al l transfers and postings of employees from one Board to other Board or Commission’s Secretariat, shall be done by the Secretary in consultation with Chairperson and concerned President of the Board. (6) The Secretary shall perform such other dutie s as have been assigned under the Act and the regulations made thereunder and also as assigned by the Chairperson of the Commission or by the Central Government from time to time. He shall also be responsible for the safety of the property of the Commissi on, c ontrol and management of the office and for the accounts and correspondence. 17. Duties and responsibilities of the employees. – (1) The duties and responsibilities of the officers and other employees shall be such as may be assigned to them by the Co mmis sion’s Secretariat and by the Autonomous Boards wherever they are posted, from time to time. (2) The experts, professionals, officers and other employees appointed under section 8 of the Act shall be made available to the Commission’s Secretariat and A utonomous Boards by the Chairperson on the basis of workload after due consultation with the President of the respective Board and Secretary. (5) The Commission may authorise the Chairperson as appellate authority. 18. Engagement of experts and professionals. – (1) The Commission may engage such number of experts and professionals in medical education in Homoeopathy, public health, management, economics, accreditation patient advocacy, health research, science and tec hnology, administration, finance, accounts or law. (2) The experts and professionals shall be engaged on the basis o f their qualifications and experience in the respective fields of specialization and the eminence in their professions as provided in the Schedule. (3) The fixed remuneration shall be paid as approved by the Commission to the experts and professionals. 19. Functions of experts and professionals. – The experts and professionals engaged by the Commission shall discharge their functions as di rected by the Chairperson, in assisting the Commission and its Autonomous Boards. 20. Procedure of selection for experts and professionals. – (1) A detailed advertisement for the requirement of the experts and professionals shall be published on the website of the Commission and it shall be given wide publicity for optimum participation of candidates. (2) The Secretary shal l scrutinise the applications in accordance with these regulations and prepare lists of eligible candidates and submit a report thereof to the Commission. (8) The Secretary shall attend the meeting to take notes of the proceedings and prepare the minutes of the meeting of the Advisory Council in the manner as specified in regulations 10 and 11 of these regulations. (3) All President, Members, Secretary , officers and other employees of the Commission, Autonomous Boards shall be governed by the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the Central Civil Services (Conduct) Rules, 1964. (4) The President and the Secretary shall be the disciplinary authorities for all officers and other employees appointed by the Commission in the respective Board or Secretariat. (3) The Secretary shall notify the date and the venue for various stages of select ion process to the short listed eligible candidates well in advance. (4) The Commission shall also constitu te a selection board comprising eminent persons from various fields for assessment and selection of experts and professionals. (5) The recommendati ons of the selection board shall be placed before the Commission by the Secretary for approval. (6) On approval of the engagement of experts and professionals by the Commission under sub -regulation (5), the Secretary shall inform each candidate in writin g by a letter of offer of engagement giving not less than fifteen days time to accept the offer of engagement : Provided that the Commission may relax the duration of fifteen days in exceptional cases upon request rece ived from any of the candidates, duly recording reasons there for. (7) After receipt of acceptance from the selected candidates, the Secretary shall issue letter of engagement to each candidate giving not less than ten days time to join: Provided that the joining time may be extended by the Secretary on being satisfied that extension sought is beyond the control of the candidate as selected. 21. Terms and condition of engagement of experts and professionals .- (1) The terms and conditions i ncluding requisite experience, qualification and age, etc. shall be as specified in the Schedule to these regulations. (2) The experts and professionals on accepting the offer of engagement shall submit an undertaking to the Secretary of maintaining confidentiality and of handing over all equipment, records and information maintained by them in any format whatsoever to the Sec retary forthwith on their resignation or termination of engagement. (3) Without prejudice and in addition to the legal remedies available to the Commission, breach by any expert or professional of any of the terms an d conditions of agreement under these r egulations shall be considered a sufficient ground for termination of the engagement and further debarment of such expert or professional from future engagement by the Commission. (4) The experts and professionals sha ll also in deserving cases, be liable to make good the loss caused, if any, to the Commission due to their negligence or misdeed. (5) The Commission may add or delete such conditions in the term of agreement during the currency of the engagement, as deemed necessary for the safeguard of the e xchequer, after duly providing the experts and professionals opportunity of being heard. 22. Power, manner and procedure for submitting appeal to the Commission. - (1) Where a scheme is disapproved under sub -section (3) of section 29 of the Act or where no order is passed within six months of submitting a scheme under sub -section (2) of that section, the person concerned may prefer an appeal to the Commission within fifteen days of such disapproval or as the case may be, after laps of six months. (2) An ap peal to the Commission shall contain the following information, namely: - (i) name and address of the appellant; (ii) name of the President of the Autonomous Board against the decision of whom the appeal is preferred; (iii) particulars of the order including number, if any, against which the appeal is preferred; (iv) brief facts leading to the appeal; (v) if the appeal i s preferred against where no order is passed after lapse of six months, the particulars of the application including number an d date and name of the President of the Autonomous Board to whom the application was made; (vi) prayer or relief sought for; (vii) grounds for the appeal or prayer or relief; (viii) verification by the appellant; and (ix) any other information which the Commission may deem nece ssary for deciding the appeal. (3) Every appeal made to the Commission shall be accompanied by the followi ng documents, namely : - (i) self-attested copies of the Order or documents against which the appeal is being preferred; (ii) copies of documents relied upon by the appellant and referred to in the appeal; and (iii) an index of the documents referred to in the appeal. (4) In deciding the appeal, the Commission may - (i) hear oral or written evidence on oath or on affidavit from concerned or interested person; (ii) peruse or in spect documents, public records or copies thereof; (iii) inquire through authorised officers further details or facts; (iv) hear President of Autonomous Board or his representative; (v) hear third party; and (vi) receive evidence from President of Autonomous Board or his re presentative. (5) Notice to be issued by the Commission may be served in any of the following modes, namely : - (i) service by the party (ii) by hand delivery (dasti) or through Process Serve r; (iii) by registered post with acknowledgement due; (iv) through designated e -mail; and (v) through the Head of the Secretariat for the Commission. (6) In case the personal presence of appellant is required on the date of hearing, the appellant shall be informed by the Commission at least three days in advance before the date. (7) The ap pellant may at his discretion at the time of hearing of the app eal by the Commission be present in person or authorised college representative or may opt not to be present. (8) Where the Commission is satisfied that the circumstances exist due to which the appellant is being prevented from attending the hearing of th e Commission, then, the Commission may give the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action, as it may deem fit necessary. (9) The appellant may seek the assistance of any person in th e process of the appeal while presenting his points and the person representing him may not be a legal practitioner. (10) The Order and decision of the Commission shall be communicated to the app ellant in writing duly authenticated by the Secretary of the Commission. SCHEDULE [See regulations 18 and 21] Sl. No. Class of expert and professional Qualifications Experience (1) Medical: Homoeopathy Education or Health Research or Public Health Essential: Post graduate degree in Homoeopathy from any recognised University in India or abroad duly recognised by the regulatory Commission. Desirable: Higher qualifications in concerned specialty with consistent excellent academic record or research or consultancy, as the case may be. Professor or Reader or Lecturer or research scientist or consultant in any system of medicine, from any recognised medic al Institution or research Institute or organisation of India or abroad or a person of eminence in the medical profession including Ayush. (2) Management Essential: Post graduate degree or post graduate diploma in Management from any recognised Universi ty in India or from a foreign University or Institute, duly recognised by a competent authority in the country with specialisation in financial or Human Resource or Finance or public policy and the like, and having experience in applying principles of resp ective specialty in conduct of business. Must have worked as a manager in financial or human resource or finance or public policy and the like, in reput ed organisation handling respective class of business or Professor or Reader or Lecturer or Research Sc ientist or consultant of business management of any recognised University or Professional Institute of India or abroad. Desirable: Experience of handling public health, health research. Medical record, Desirable: Higher qualifications with consistent excellent aca demic record or research or consultancy. medical education, accreditation and the like. (3) Science and Technology Essential: Post graduate degree in pure or applied science or engineering or technology from any recognised University of India or abroad. Desirable: Higher qualifications with consistent excellent academic record or research or c onsultancy as the case may be. Having worked at senior level positions in large Government Organisations or organisations in private s ector dealing with technical and scientific matters or Professor or Reader or Lecturer of science or engineering or techno logy of any recognised University or Professional Institute of India or abroad. (4) Economist Essential: Post graduate degree in Econ omics from any recognised University in India or abroad with specialisation in industrial economics or industrial organisa tion or international trade econometrics or mathematical economics or quantitative economic methods or law and economics. Desirable: (i)Consistent high academic performance and; (ii)A doctoral degree, from a reputed University or Institution in India or from a University or Institution duly recognised in India, in economics in the area of competition policy. In analysis of micro -econo mic problems, including international trade, investment, project evaluation and appraisal, industrial organisation, indust rial economics or economic regulation including competition assessment, using quantitative economic techniques in Government, Public S ector, Private Sector, Non - Governmental Organisations or regulatory authorities or regional or international or multilater al organisation or in Universities or reputed Research Institutions as Professor or Reader or Lecturer in of micro -economics or indus trial economics or industrial organisation or international trade or econometrics or mathematical economics or quantitativ e economic methods. (5) Law or patient advocacy Essential: (i) Bachelor degree in law or equivalent from any recognised University or Institute, recognized by the Bar Council of India. (ii)qualified to be registered as an advocate in any State Bar Counci l in terms of the Advocate’s Act 1961(25 of 1961) Desirable : Higher qualification with specialisation education or Research or laws relating to Intellectual Property Rights. Experience in judicial or legal work in the Supreme Court, High Court or any other court, Government or a regulatory authority or a tribunal or any similar forum; or Professor or Reader or Lecturer of Law of any recognised University or professional Institute with specialisation in teaching medical and public health law or Legal Manag er or above in the corporate sector having experience of han dling Research or patient advocacy or laws relating to Intellectual Property Rights. (6) Finance - (Chartered Accountant or Company Secretary or Accountant or Financial Manager) Essential: Char tered Accountant or Company Secretary in terms of the Chart ered Accountant Act, 1941 ( 38 of 1949) or Master of Business Administration finance. Desirable: Chartered Accountant or Company Secretary or Master of Business Administration finance having qualified the post qualification course in Law as one subject. Must have worked as a Chartered Accountant or Company Secretary or Master of Business Administration finance in reputed organisation handling financial ventures of large enterprises or undertakin gs. Desirable: Experience of handling medical, public health , research financial transactions and management. Prof. Dr. SANJAY GUPTA , Secy. [ADVT. -III/4/Exty./ 580/2023 -24] Uploaded by Dte. of Printing at Government of Indi a Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.