30d (/) if the central government is of the opinion that the executive 'committee or any other committee of the central council is unable to perform or has made persistently defaults— (a) inthe performance of, the duties imposed on it by or under this act or has exceeded or abused its powers; of power of central government to dissolve executive committee for any other 'committee (b) cither wilfully or without sufficient cause in complying with any direction issued by the central government under section 30c, 1p the central government may, by a notification published, together with a statement of the reasons therefor, in the official gazette, dissolve the executive committee or such other commit 5 provided that before issue of such notification, the central government shall give a reasonable time to the executive committee or such other committee, as the case may be, to show cause why it should not be dissolved and shall consider the explanations and objections, if any, of the executive committee or the other committee (2) upon the publication of a notification under sub-section (1) dissolving the executive committee or, as the case may be, such other committee, 2 (a) all the members of the executive committee or the other committee shall, notwithstanding that their term of office had not expired, as from the date of dissolution, vacate their offices as such members; a5 (6) all powers and duties which may, by or under the provisions of this 'act, be exercised or performed by or on behalf ofthe executive committee or the other committee, during the period of dissolution, be exercised and performed by such person or persons as the central government may think fit from amongst the members ofthe central council: provided that the term of office of the person or persons so appointed under this sub-section shall not exceed a period of six months or till the time a new executive committee or such other committee is constituted, whichever is, earlier, 3 30e (1) ifthe central government is of the opinion that the president or the vice-president or the member of the executive committee or any other committee of the central council is unable to perform or has made persistently defaults - (a) in the performance of, the duties imposed on him under this act or has exceeded or abused his powers; or 35 (6) either wilfully or without sufficient cause in complying with any direction issued by the certtral government under section 30c, | power          | of      ||----------------|---------|| central        |         || government     |         || to             | remove  || president,     |         || vice-president |         || or             | meinber || executive      |         || committee      | or      || any            | other   || 'committee,    |         |the central government may remove from office the president or the vice-president or the member, as the case may be: 4p provided that before such removal, the central government shall give a reasonable opportunity of being heard to the president or the vice-president or the member, as the case may be, to show cause why he should not be removed from office and shall consider the explanations and objections, if any, of the president or the vice-president or the member, (2) upon the removal from office under sub-section (),— us(a) the president or the vice-president or the member shall, notwithstanding that his term of office had not expired, as from the date of removal from office, 'vacate the office as such president or vice-president or member; (6) all powers and duties which may, under the provisions of this act, be exercised or performed by the president or the vice-president, as the case may bbe, shall, during the period of removal from office, be exercised and performed 'by such person as the central government may think fit from amongst the members of the central council: provided that the term of office of the person so appointed under this subsection shall not exceed a period of six months or till the time anew president or the vice-president or the member, as the case may be, is elected in the manner provided under this act, whichever is earlier" 8 in section 32 of the principal act - amendment of section 32 (a) in sub-section (/), the brackets and figure "(j)" shall be omitted; (6) sub-section (2) shall be omitted, 9, in section 33 of the principal act,— 'amendment of section 33 (a) in sub-section (1), the brackets and figure "(/)" shall be omitted; 1s (6) sub-section (2) shall be omitted 10, after section 33 of the principal act, the following sections shall be inserted, namely:— | insertion    | of        ||--------------|-----------|| new          | sections  || 34           | and       || "34         | (1)       || order        |           || in           |           || writing,     |           || direct       |           || the          |           || central      |           || council      |           || to           |           || make         |           || any          |           || regulations  |           || or           |           || to           |           || amend        |           || or           |           || revoke       | any       || behalf      |           || power        | of        || central      |           || government   |           || to           | issue     || directions   | for       || making       | or        || (2)          | if        || specified    | period,   || revoke       | the       || as           |           || rules        | and       || be           |           || 35,          | every     || may          | be after  || period       | of        || successive   | sessions, || session      | or        || modification | in        || should       | not       || modified     | form      || modification | or        || previously   | done      | statement of objects and reasons:'the homoeopathy central council act, 1973 (59 of 1973) (hcc act), provides for constitution of the central council of homoeopathy for regulation of the educational standards of homoeopathic medical colleges, maintenance of the central register of practitioners of homoeopathy and for matters connected therewith 2 the central council of homoeopathy was initially constituted through nomination of members in the year 1973 subsequently, elections to the said central council were conducted though the tenure of all the members of the said central council had expired in 2002, but it could not be reconstituted even after a lapse of more than two years this is due to not updating the state register of homoeopathy, at the instance of sitting members, a requisite for conducting elections in time sometimes, elections are delayed due to litigation and stay orders from court 3 the election for the central council of homoeopathy from bihar and maharashtra states could not be conducted till date and the members elected in 1989-90 are still continuing in the central council of homoeopathy it has been observed that such problem persists due to the existing provisions in section 7(1) of the homoeopathy central council 'act, 1973, which provide for term of five years from date of election or nomination, as the 'case may be, or until the election or nomination of the successor, whichever is longer 4, further, in the hcc act, 1973, there is no provision for removal of the president, 'vice-president of the couneil and also withdrawal of the member nominated to the couneil in case they commit some irregularity or unwanted activities, the department is of the opinion that the tenure of the members should not exceed five years and also there should be a provision for the removal of the president, vice-president or the members, 5, sometimes, the central council abuses and exceeds its powers and in such condi- 'a need to issue proper direction to the central council since there is no provision in hcc act, 1973 to give directions to the central council in case of any irregularity, the central government is not in a position to check such activities 6 the homoeopathy central council act, 1973 was amended with effect from 2812003 to check the mushroom growth of sub-standard homoeopathic medical colleges, increase in admission capacity and starting of new courses in such colleges the permission of the central government is mandatory for establishing new colleges or starting new courses of study the amendment shall require permission of the central government for existing homoeopathic medical college within a grace period of three years this will improve the standard of homoeopathic medical colleges in the country imparting training of homoeopathic education there is need to improve the standard of existing colleges, to bring uniformity of standard in existing homoeopathic colleges 7 in order to meet the requirements, it is proposed to amend the homoeopathy central council act, 1973 so as to make provisions— (a) to define homoeopathic medical college; (6) to nominate ex officio members; (6) for seeking permission for certain existing homoeopathic medical colleges; (d) to have fix tenure of elected or nominated members, (e) to remove the president, vice-president and members on the grounds of misconduct or incapacity; (f) to dissolve the executive committee of the central councit i defaults or abuses its powers; and (g) to give directions to the central council in public interest 8 the proposed amendments will ensure timely election to the central council of homoeopathy and streamline its functioning 9 the bill seeks to achieve above objectives new deut 'a ramadoss the th march, 2005 persistently  annexure extracts from the homocopariy centra councit act, 1973 (590 1973)2 (1) in this act, unless the context otherwise requires,— definitions  chapter il 'the central council and its committees3 (1) the central government shall, by notification in the official gazette, constitute forthe purposes of this acta central council consisting ofthe following members, namely: - constitution of central council      7 (1) the president, vice-president or a member of the central council shall hold office fora term of five years from the date of his election or nomination, asthe case may be, of until his successor shall have been duly elected or nominated, whichever is longer | term           | of      ||----------------|---------|| office         | of      || president,     |         || vice-president |         || and            | members || of             | central || council        |         |(3) members of the central council shall be eligible for re-election or re-nomination 32 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act power to make rules (2) every rule made under this section shall be lai |, as soon as may be after it is made, before each house of parliament, while it is session, fora total period of thirty days which may be comprised in one session or in two or more 'successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the ule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such m¢ ication or annulment shall be without prejudice to the validity of anything previously done under that rule | power        ||--------------|| make         || regulations, |33(/) the central council may, with the previous sanction of the central government, make, by notification in the official gazette, regulations generally to carry out the purposes of this act, and, without prejudice to the generality of this power, such regulations may provide for— (a) the manner of election of the president and the vice-president of the central council; (6) the management of the property of the central council and the maintenance and audit of its accounts; (6) the resignation of members of the central council; (d) the powers and duties of the president and vice-president; (e) the summoning and holding of meetings of the central council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business thereat and the number of members necessary to constitute a quorum; (f the functions of the committees constituted under section 9; (g) the tenure of office, and the powers and duties of the registrar and other officers and servants of the central council; (ga) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub-section (2) of section 12a; (gb) any other factor under clause (g) of sub-section (7) of section 124; (h) the qualifications, appointment, powers and duties of, and procedure to be followed by, inspectors and visitors; (0 the courses and period of study of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any university, board or medical institution for grant of recognised medical qualification; ())the standards of staff, equipment, accommodation, training and other facilities for education in homoeopathy; (i) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations; (0) the standards of professional conduct and etiquette and code of ethics to be observed by practitioners of homoeopathy; (m) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this act; (n) the manner in which and the conditions subject to which an appeal under section 25 may be preferred; (0) the fees to be paid on applications and appeals under this act; and (p) any matter for which under this act provision may be made by regulations (2) the central government shall cause every regulation made under this act to be laid, as soon as may be after it is made, before each house of parliament, while its in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the suecessive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation, 