The Himachal Pradesh Homeopathic Practitioners Act, 1979

THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS 

ACT, 1979 

ARRANGEMENT OF SECTIONS 

Sections: 

PART-I  

PRELIMINARY 

1. Short title, extent and commencement. 

2.  Definitions.  

PART-II  

ESTABLISHMENT, CONSTITUTION AND 

INCORPORATION OF COUNCIL AND REGISTRATION 

OF PRACTITIONERS  

3.  Establishment, constitution and incorporation of Council.  

4.  Election of members.  

5.  Nomination of members in default of election.  

6.  Term of office.  

7.  Vacancies.  

8.  Resignation.  

9.  Disabilities for continuing as member.  

10. Disqualifications.  

11. Vacancies etc. not to invalidate proceedings of Council.  

12. Time and place of meetings of Council.  

13. Procedure at meetings of Council.  

14. Registrar.  

15.  Duties of the Registrar.  

16. Registration.  

17. Appeal to the Council from the decision of the Registrar and 

other powers of the Council.  

18. Qualified practitioner certificate.  

19. Notice of death.  

20. Inspection of institutions.  

21. Qualifying examinations.  

22. Removal of institution authorised to hold qualifying 

examinations.  

23. Exemption from service on inquest.  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 2 

24. Allowances payable to members.  

25. Fees received by the Council.  

26. Publication of list of practitioners.  

27. Control of the Government.  

28. Prohibition of practice by persons not registered.  

29. False assumption of degree etc. to be an offence.  

30. Penalty for the violation of the provisions of section 28.  

31. Conferring, granting or issuing degrees, diplomas etc. by 

unauthorised persons or institutions.  

32. Court competent to try offences under this Act and cognizance 

of offences.  

33. Power to amend Schedule-I.  

PART-III 

DISPUTES REGARDING ELECTIONS  

34. Definitions.  

35. Election petition.  

36. Presentation of petitions.  

37. Contents of petition.  

38. Procedure on receiving election petitions.  

39. Power to withdraw and transfer petitions.  

40. Procedure before the prescribed authority.  

41. Appearance before the prescribed authority.  

42. Powers of the prescribed authority.  

43. Documentary evidence.  

44. Secrecy of voting not to be infringed.  

45. Answering of incriminating questions and certificate of 

indemnity.  

46. Expenses of witnesses.  

47. Decision of the prescribed authority.  

48. Grounds for setting aside election.  

49. Abatement of election petition.    

50. Costs and payment thereof out of security deposits and return of 

such deposits.  

51. Execution of orders as to costs.  

52. Corrupt practices entailing disqualification.    



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 3 

PART-IV  

MISCELLANEOUS  

53. Power to make rules.  

54. Regulations.  

55. Rules and regulations to be laid before State Legislature.  

56. Repeal and savings.  

57. Power to remove difficulty. .  

SCHEDULE I  

SCHEDULE II  

_______________ 

THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS 

ACT, 1979  

(ACT NO. 3 OF 1980)1 

(Received the assent of the President on the 27
th
 March, 1980 and 

published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 23
rd

 

April, 1980, pp. 367-387.)  

An Act to regulate the qualifications and to provide for the registration 

of practitioners of the homoeopathic system of medicines in the 

Himachal Pradesh.  

It is hereby enacted by the Legislative Assembly of Himachal Pradesh 

in the Thirtieth Year of the Republic of India as follows:- 

PART-I 

PRELIMINARY 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Homoeopathic Practitioners Act, 1979.  

(2) It extends to the whole of Himachal Pradesh. 

(3) It shall come into force on such date as the Government may by 

notification2 in the Official Gazette appoint in this behalf.   

2. Definitions.- In this Act, unless the context otherwise requires,-  

(1) "chairman" means the chairman of the Council;  

                                                 
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-

ordinary), dated 7
th

 April, 1979, p. 1230. 

2. The Act came into force from 13
th

 February, 1981 vide Notification No. HFW-

11-2/71, dated 31
st
 July, 1981, published in the Rajpatra, Himachal Pradesh 

(Extra-ordinary), dated 18
th

 August, 1981, pp. 725-726. 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 4 

(2)  "Council" means the Council of the Homoeopathic System of 

Medicines, Himachal Pradesh, established and constituted 

under section 3;  

(3) "Government" means the Government of Himachal Pradesh;  

(4)  "homoeopathic system" means the homoeopathic system of 

medicines founded by Dr. Hahnemann, and includes the 

biochemic system of medicines founded by Dr. Schussler and 

the expressions "homoeopathic" and "bio-chemic" shall be 

construed accordingly;  

(5)  "inspector" means an inspector appointed under sub-section 

(1) of section 20;  

(6)  "member" means a member of the Council and includes the 

chairman; 

(7) "practitioner" means a person who practises the 

homoeopathic system;  

(8) "prescribed" means prescribed by rules or regulations made 

under this Act;  

(9)  "qualifying examination" means the examination held for the 

purpose of granting a degree, diploma or certificate 

conferring right of registration under this Act;  

(10) "register" means the register of practitioners maintained under 

section 15;  

(11) "registered practitioner" means a practitioner whose name is 

for the time being entered in the register;  

(12) "Registrar" means the Registrar appointed under section 14;  

(13) "regulations" means regulations made under this Act; and  

(14) "State" means the State of Himachal Pradesh.    

PART-II  

ESTABLISHMENT, CONSTITUTION AND 

INCORPORATION OF COUNCIL AND REGISTRATION OF 

PRACTITIONERS.  

3. Establishment, constitution and incorporation of Council.- (1) 

The Government may, as soon as may be, by notification establish a Council 

to be called, ‘The Council of Homoeopathic System of Medicines, Himachal 

Pradesh’, for the purpose of carrying out the provisions of this Act.   

(2) The Council shall be a body corporate with name aforesaid, 

having perpetual succession and a common seal with power to acquire, hold 

and dispose of property, and to contract, and may by that name sue and be 

sued.  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 5 

(3) The Council shall consist of eight members residing in Himachal 

Pradesh of whom-  

(a) three members shall be nominated by the Government one of 

them, if possible, being a person connected with such institutions 

as are referred to in Schedule-I; and  

(b)  five members, of whom not less than three shall be persons 

holding a degree, diploma or certificate in the homoeopathic 

system from such institutions as are referred to in Schedule-I, 

shall be elected by the registered practitioners from amongst 

themselves.   

(4) The chairman of the Council shall be nominated by the 

Government from amongst the members and shall hold office during the 

pleasure of the Governor.   

(5) The chairman of the Council and the five members mentioned in 

clause (b) of sub-section (3) shall in the case of first Council to be 

constituted, be nominated by the Government from amongst practitioners, 

and such members shall be deemed to have been duly elected under clause 

(b) of sub-section (3):  

Provided that not less than four of such members shall be persons 

holding a degree, diploma or certificate in homoeopathic system from such 

institutions as are referred to in Schedule-I.   

(6) Every election or nomination of member and every vacancy in the 

office of a member shall be notified by the Government in the Official 

Gazette.  

4. Election of members.- The election of members under clause (b) 

of sub-section (3) of section 3 shall be held at such time and place and in 

such manner as may be prescribed.   

5. Nomination of members in default of election.- If any of the 

members not elected under clause (b) of sub-section (3) of section 3, the 

Government may, notwithstanding anything contained in that sub-section 

nominate such registered practitioner as it deems fit, and the practitioner so 

nominated shall for the purposes of this part be deemed to have been duly 

elected under that clause.   

6. Term of office.- (1) Save as otherwise provided, the term of office 

of elected and nominated members shall be five years commencing from the 

date on which the first meeting of the Council is held after the members are 

elected under sub-section (3) of section 3:   

Provided that the term of office of members nominated to the first 

Council shall be three years from the date on which the first meeting of such 

Council is held.   

(2) An outgoing member shall continue in office until the election or 

nomination of his successor as the case may be.   



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 6 

(3) The outgoing member shall be eligible for re-nomination or re-

election.   

7. Vacancies.- (1) If a vacancy occurs in the office of a member due 

to death, resignation, removal or disability of such member or otherwise, it 

shall be filled in the same manner as is provided in section 3.   

(2) Any person nominated or elected to fill the vacancy shall 

notwithstanding anything contained in section 6, hold office only so long as 

the member in whose place he is nominated or elected would have held 

office if the vacancy had not occurred.   

8. Resignation.- Any member may at any time resign his office by a 

letter addressed to the chairman and such resignation shall take effect from 

the date on which it is accepted by the Council:  

Provided that the chairman may resign his office by a letter addressed 

to the Government and his resignation shall take effect from the date on 

which it is accepted by the Government.   

9. Disabilities for continuing as member.- If any member during the 

period for which he has been nominated or elected-  

(a) absents himself without such reasons, as may, in the opinion 

of the Council, be sufficient, from three consecutive meetings 

of the Council, or  

(b) becomes subject to any of the disqualifications mentioned in 

section 10, or  

(c)  being a legal practitioner, appears in any suit or proceedings, 

civil or criminal, against the Council, or  

(d)  obtains any employment under the Council or has without the 

previous sanction of the Government acquired directly or 

indirectly by himself or by a partner any share or interest in 

any contract made with, by, or on behalf of, the Council,  

the Council may declare his office to be vacant:     

Provided that in a case falling under clause (b), the Council shall 

declare the office to be vacant.   

10. Disqualifications.- No person-  

(a)  who is a minor or an undischarged insolvent, or  

(b)  who has been adjudicated by a competent court to be of 

unsound mind, or  

(c)  whose name has been removed from the register, or  

(d)  who has been sentenced by a court to imprisonment for an 

offence which, in the opinion of the Council, involves moral 

turpitude or indicates such a defect of character as would 

render the entry or continuance of his name in the register 

undesirable, the sentence not having been subsequently 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 7 

reversed in appeal or revision, or remitted by an order which 

the Government is empowered to make in that behalf, or  

(e)  who has been found guilty, by a majority of two-third, of the 

members of the Council present and voting at the meeting 

thereof, of in famous conduct in any professional respect after 

enquiry by the Council at which an opportunity has been 

given to such person to be heard in his defence either 

personally or through a representative:  

Provided that at least more than half of the total 

members of the Council are actually present at such a 

meeting, or  

(f)  who is a dismissed servant of the Government or any local 

authority,  

shall be eligible for being elected or nominated as a member.  

11. Vacancies etc. not to invalidate proceedings of Council.- No act 

done, or proceeding taken, under this Act by the Council shall be invalid 

merely on the ground-  

(a)  of any vacancy or defect in the constitution of the Council, or  

(b)  of any defect or irregularity in election or nomination of a 

person acting as a member thereof, or  

(c)  of any defect or irregularity in such act or proceeding, not 

affecting the merits of the case.   

12. Time and place of meetings of Council.- The Council shall meet 

at such time and place and every meeting of the Council shall be summoned 

in such manner as may be prescribed by regulations:   

Provided that until such regulations are made it shall be lawful for the 

chairman to summon every meeting of the Council at such time and place as 

he may deem expedient by letter addressed to each member separately.   

13. Procedure at meetings of Council.- (1) The chairman, and, in the 

absence of the chairman, vice-chairman elected by the members shall preside 

at a meeting of the Council.   

(2) All questions at a meeting of the Council shall be decided by the 

votes of the majority of the members present and voting and, in the case of 

an equality of votes, the chairman for the time being may, in addition to his 

vote as a member of the Council exercise a second or a casting vote.   

(3) Three members shall form a quorum at a meeting of the Council:  

Provided that if a meeting is adjourned for want of quorum, no 

quorum shall be necessary at the next meeting called for transacting the same 

business. 

(4) The vice-chairman shall be elected in the first meeting of the 

Council by majority of the members present and voting.   



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 8 

14. Registrar.- (1) Subject to the rules made in this behalf, the 

Council shall, with the previous approval of the Government, appoint a 

Registrar who shall receive such salary, allowances and be subject to such 

conditions of service as may be prescribed:   

Provided that until a Registrar is appointed, a person appointed by the 

Government shall, as from the commencement of this Act, be deemed to be 

the Registrar, who shall be entitled to such salary and allowances and shall 

be subject to such conditions of service as may be determined by the 

Government.  

(2) The chairman may, from time to time, grant leave to the Registrar 

and the Council may appoint a person to act in his place.   

(3) Any person duly appointed to act as a Registrar shall be deemed to 

be the Registrar for all the purposes of this Act.   

(4) Any order of the Council appointing, punishing or removing the 

Registrar from office shall not be passed without the previous approval of the 

Government.   

(5) The Council may appoint such other officers and servants as may 

be necessary for carrying out the purposes of this Act:   

Provided that the number and designation of such officers and 

servants and their salaries and allowances shall be subject to the previous 

approval of the Government.   

(6) The Registrar and any other officer or servant appointed under this 

section shall be deemed to be a public servant within the meaning of section 

21 of the Indian Penal Code (45 of 1860).   

(7) The Registrar shall be the Secretary of the Council and shall act as 

Executive Officer of the Council.   

15. Duties of the Registrar.- (1) Subject to the provisions of this Act 

and the rules made thereunder and subject to any general or special order of 

the Council, it shall be the duty of the Registrar to keep the register.   

(2) The register shall be kept in such form as may be prescribed and 

shall contain the name, address and qualifications of every registered 

practitioner together with the dates on which such qualifications were 

acquired. The register shall be divided into the following two parts:-   

Part-A- containing the names of practitioners referred to in sub-

section (1) of section 16; and  

Part-B- containing the names of practitioners  referred to in sub-

section (2) of section 16.   

(3) The Registrar shall keep the register correct as far as may be 

possible and may from time to time enter therein any material alteration in 

the address or qualifications of the practitioners. The names of registered 

practitioners, who die or whose names are directed to be removed from the 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 9 

register under sub-section (3) of section 16 shall be removed from the 

register.   

(4) A registered practitioner shall, on payment of such fees as may be 

prescribed, be entitled to have entered in the register any degrees, diplomas 

or certificates or other qualifications in homoeopathy or other recognised 

medical degrees, diplomas or certificates which he may obtain.   

(5) For the purpose of this section, the Registrar may write by 

registered post to any registered practitioner at the address which is entered 

in the register to enquire whether he has ceased to practise or has changed his 

residence and, if no answer is received to such letter within six months, the 

Registrar may remove the name of such practitioners from the register:  

Provided that if the Council is satisfied, on the application of such 

practitioner, that he has not ceased to practise, the Council may direct that 

name of such practitioner be re-entered in the register.   

16. Registration.- (1) Every person, who possesses any qualification 

mentioned in Schedule-I, shall, subject to the provisions contained in this Act 

and on payment of the prescribed fees, be entitled to have his name entered 

in Part-A of the register subject to such conditions as the Council may by 

regulations specify.   

(2) Every person, who, within a period of six months from the date on 

which this Act comes into force, proves to the satisfaction of the Registrar 

that immediately before the commencement of this Act he was not less than 

twenty-five years of age and had been in continuous practice as a practitioner 

for at least five years, shall, on payment of the prescribed fees, be entitled to 

have his name entered in Part-B of the register subject to such conditions as 

the Council may by regulations specify.   

(3) No person,-  

(a) who is registered or deemed to have been registered under the 

Punjab Medical Registration Act, 1916 (2 of 1916) or the 

Himachal Pradesh Ayurvedic and Unani Practitioners Act, 

1968 (21 of 1968), shall be eligible for registration under sub-

section (1) or sub-section (2) unless and until he ceases to be 

registered under those Acts; or  

(b) who is registered or deemed to have been registered under 

sub-section (1) or sub-section (2), shall continue to be a 

registered practitioner under this Act, if subsequent to . such 

registration he also gets himself registered under the Punjab 

Medical Registration Act, 1916 (2 of 1916), or the Himachal 

Pradesh Ayurvedic and Unani Practitioners Act, 1968 (21 of 

1968).   

(4) Where an application for entry in the register is made by a person 

whose case is not clearly covered by sub-section (1) or sub-section (2) or by 

the rules or regulations made under this Act, the Registrar shall refer his 

application to the Council for such decision as the Council may deem fit.  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 10

(5) The Council may direct that the name of any practitioner who has 

been convicted of a cognizable offence as defined in the Code of Criminal 

Procedure, 1973 (2 of 1974), which discloses such defect of a morel 

character as is, in the opinion of the Council, sufficient to make him unfit to 

practise his profession or who has been found, after due inquiry, guilty of 

conduct which is, in the opinion of the Council, infamous in any professional 

respect, shall be removed from the register.   

(6) The Council may, on sufficient cause being shown, also direct that 

the name of the practitioner so removed shall be re-entered in the register on 

payment of such fees as may be prescribed.   

17. Appeal to the Council from the decision of the Registrar and 
other powers of the Council.- (1) Any person aggrieved by the decision of 

the Registrar regarding registration of any person or any entry in the register 

may appeal to the Council.   

(2) Such appeal shall be filed with, and shall be heard and decided by 

the Council in the manner prescribed.   

(3) The Council may, on its own motion or on the application of any 

person, after due and proper enquiry and after giving an opportunity to the 

person concerned of being heard, cancel or alter any entry in the register if, 

in the opinion of the Council, such entry was fraudulently or incorrectly 

made.  

18. Qualified practitioner certificate.- Notwithstanding anything in 

any law for the time being in force,-  

(a)  the expression "legally qualified medical practitioner" or duly 

qualified medical practitioner, or any word importing a 

person recognised by law as a medical practitioner or a 

member of medical profession shall in all Acts or other 

provisions having the force of law in Himachal Pradesh and 

relating to matters in List II or List III of the Seventh 

Schedule to the Constitution of India, includes a practitioner 

registered in Part ‘A’ of the register;  

(b)  a certificate required by any Act to be issued by any medical 

practitioner or medical officer shall be valid if such certificate 

has been signed and issued by a practitioner registered in Part 

`A' of the register:   

Provided that a certificate of illness may be signed and 

issued by any practitioner registered in Part `B' of the register;  

(c)  a practitioner registered in Part `A' of the register shall be 

eligible to hold any appointment as a medical officer in any 

homoeopathic dispensary or hospital supported by or 

receiving a grant from the Government and treating patients 

according to the homoeopathic system or in any public 

establishment, body or institution dealing with such system.  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 11

19. Notice of death.- Every Registrar of Deaths on receiving notice of 

the death of a registered practitioner shall 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 the cost of such certificate and 

transmission as an expense of his office.   

20. Inspection of institutions.- (1) The Council may appoint such 

number of Inspectors to inspect the institutions and their examinations as it 

may deem fit and such Inspector shall be paid such fee as may be prescribed.  

(2) Such Inspectors shall, in accordance with any general or special 

directions of the Council given from time to time, inspect the institutions 

established by or affiliated to the Council and report to the Council in regard 

to the courses of study pursued and training imparted at every institution, 

which they inspect and on any other matters with regard to which the 

Council may require them to report.   

21. Qualifying examinations.- (1) The Council shall by regulations,-  

(a)  recognise institutions as required under paragraph (2) of 

Schedule-I;  

(b) prescribe the course of training and qualifying examinations 

including the examinations prior to qualifying examinations;  

(c)  provide that instructions and examination shall as far as 

possible be given or held in the languages specified in the 

regulations.  

(2) A qualifying examination shall be an examination in the 

homoeopathic system held for the purpose of granting a diploma, degree or 

certificate conferring the right of registration under this Act by any of the 

institutions which on the recommendations of the Council may be specified 

by the Government by notifications as being authorised to hold a qualifying 

examination.   

(3) It shall be the duty of the Council to secure the maintenance of an 

adequate standard of proficiency for the practice of homoeopathic system. 

For the purpose of securing such a standard the Council shall have authority 

to call on the governing body or authorities of any institution giving 

instructions in the homeopathic system and on any examining body 

authorised or desirous of being authorised under sub-section (2)-  

(a)  to furnish such particulars as the Council shall require of any 

course of study prescribed by regulations or examination held 

by such body or authority or in any school or college thereof 

with reference to the grant of any qualifications; and  

(b)  to permit Inspectors appointed by the Council from amongst 

the registered practitioners in this behalf to attend and be 

present at all or any of qualifying examinations.   

(4) An Inspector shall not interfere with the conduct of any 

examination, but it shall be his duty to report to the Council his opinion as to 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 12

the sufficiency or insufficiency of every examination which he attends and 

any other matter in relation to such examination on which the Council may 

require him to report.  

(5) Every qualifying examination and every prior examination leading 

upto it held by the bodies or institutions authorised under this section shall be 

inspected by the Inspector at least once in two years and more frequently if 

the Council so directs.   

(6) The Council shall forward a copy of every such report to the body 

which held the examination in respect of which the said report was made and 

shall also forward a copy of such report, together with any observations 

thereon made by the said body, to the Government.   

22. Removal of institution authorised to hold qualifying 
examinations.- If it appears to the Government on the report of the Council 

that the courses of study and examinations prescribed by any of the 

institutions specified in the notification under section 21 are not such as to 

secure the maintenance of an adequate standard of proficiency for the 

practice of homoeopathic system it shall be lawful for the Government to 

direct by notification that the said institution shall be removed from the said 

notification and shall not be authorised to hold a qualifying examination:  

Provided that, before any direction for the removal of an institution 

from the said notification is made under this section, the Council shall 

require the institution to take steps within such time as it thinks fit to provide 

that the courses of study and examinations prescribed by the institution are of 

an adequate standard.   

23. Exemption from service on inquest.-Notwithstanding anything 

in any other law for the time being in force, every registered practitioner 

shall be exempted, if he so desires, from serving on any inquest under the 

Code of Criminal Procedure, 1973 (2 of 1974).   

24. Allowances payable to members.- There shall be paid to the 

members for attending meetings of the Council such travelling and other 

allowances as may be prescribed.   

25. Fees received by the Council.- All moneys received by the 

Council as fees under this Act shall be applied for the purpose of this Act in 

accordance with the rules made thereunder.   

26. Publication of list of practitioners.- (1) The Registrar shall, at 

least once in every five years, on or before a date to be fixed by the Council, 

cause to be printed and published a correct list of the names and 

qualifications of all practitioners for the time being entered in the register and 

the dates when such qualifications were acquired.   

(2) In any proceeding it shall be presumed that every person entered 

in such list is a registered practitioner and that any person not so entered is 

not a registered practitioner.   

27. Control of the Government.- If at any time it appears to the 

Government that the Council has neglected to exercise or has exceeded or 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 13

abused any of the powers conferred upon it by or under this Act or has 

neglected to perform any of the duties imposed upon it by or under this Act, 

the Government may, communicate the particulars of such neglect, excess or 

abuse to the Council, and if, the Council fails to remedy such neglect, excess 

or abuse within such time as may be fixed by the Government in this behalf, 

the Government may, for the purpose of remedying such neglect, excess or 

abuse cause any of the powers and duties of the Council to be exercised and 

performed by such agency and for such period as the Government may think 

fit.   

28. Prohibition of practice by persons not registered.- No person, 

other than a practitioner registered under this Act, shall practise or hold 

himself out, whether directly or by implication, as practising or as being 

prepared to practise the homoeopathic system.   

29. False assumption of degrees etc. to be an offence.- Whosoever 

voluntarily and falsely assume or uses any title or description or any addition 

to his name implying that he holds a degree, diploma or certificate conferred, 

granted or issued by any of the institutions specified in the notification made 

under section 21 or that he is qualified to practise the homoeopathic system , 

or that he is a registered practitioner, shall on conviction be punishable with 

fine which may extend to two hundred and fifty rupees for the first offence 

and with fine which may extend to five hundred rupees for every subsequent 

offence.  

30. Penalty for the violation of the provisions of section 28.- Any 

person who acts in contravention of the provisions of section 28 shall, on 

conviction, be punishable with fine which may extend to two hundred 

rupees.  

31. Conferring, granting or issuing degrees, diplomas, etc. by 
unauthorised persons or institutions.- (1) No person, other than an 

association or institution recognised or authorised by the Council under this 

Act, shall confer, grant or issue or hold himself or itself out as entitled to 

confer, grant or issue any degree, diploma, certificate or other document 

stating or implying that the holder, grantee or recipient is qualified to practise 

the homoeopathic system .  

(2) Whoever contravenes the provisions of sub-section (1) shall, on 

conviction, be punishable with fine which may extend to five hundred rupees 

and if the person so contravening is an association, every member of such 

association, who knowingly and wilfully authorises or permits the 

contravention, shall, on conviction, be punishable with fine which may 

extend to two hundred rupees.  

32. Court competent to try offences under this Act and cognizance 
of offences.- (1) No court other than the court of a Judicial Magistrate of the 

1st Class shall take cognizance of or try an offence under this Act.   

(2) No court shall take cognizance of any offence under this Act 

except on a complaint in writing of an officer empowered by the Government 

in this behalf.   



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 14

33. Power to amend Schedule-I.- The State Government may by 

notification amend Schedule-I, so as to add thereto or omit therefrom any 

qualification, and thereupon such Schedule shall be deemed to have been 

amended accordingly.  

PART-III  

DISPUTES REGARDING ELECTIONS  

34. Definitions.- In this part, unless the context otherwise requires,-  

(a)  "agent" means any person appointed in writing by a candidate 

at an election to be his agent for the purposes of his election 

with the written consent of such person;  

(b)  "candidate" means a person who has been or claims to have 

been duly nominated as a candidate at an election, and any 

such person shall be deemed to have been candidate as from 

the time when, with the election in prospect, he began to hold 

himself out as a prospective candidate;  

(c)  “corrupt practice" means any of the practices specified in 

Schedule-II;  

(d)  "costs" means all costs, charges and expenses of, or incidental 

to, trial of an election petition;  

(e)  "election" means an election to fill the office of a member;  

(f)  "electoral right" means the right of a person to stand or not to 

stand, as, or to withdraw from being a candidate or to vote or 

refrain from voting at an election;  

(g)  "pleader" means any person entitled to appear and plead for 

another in a civil court, and includes an advocate.   

35. Election petition.- No election of a member shall be called in 

question except by an election petition presented in accordance with the 

provisions of this part.  

36. Presentation of petitions.- (1) Any registered practitioner may 

within a period of thirty days from the date on which the election of any 

member is notified under sub-section (6) of section 3 and on furnishing the 

prescribed security in the prescribed manner, present on one or more of the 

grounds specified in sub-section (1) of section 48 to the prescribed authority 

an election petition in writing against the election of such member.   

(2) The election petition shall be deemed to have been presented to 

the prescribed authority-  

(a)  when it is delivered to the prescribed authority,- 

(i)  by the person making the petition, or .  

(ii) by the person authorised in writing in this behalf by the 

person making the petition, or  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 15

(b)  when it is sent by registered post and is delivered to the 

prescribed authority.  

37. Contents of petition.- (1) An election petition-  

(a) shall contain concise statement of the material facts on which 

the petitioner relies;  

(b)  shall set forth full particulars of any corrupt practice that the 

petitioner alleges, including as full a statement as possible of 

the names of parties alleged to have committed such corrupt 

practice and the date and place of the commission of each 

such practice; and  

(c)  shall be signed by the petitioner and verified in the manner 

laid down in the Code of Civil Procedure, 1908 (5 of 

1908),for the verification of pleadings:   

Provided that where the petitioner alleges any corrupt practice, the 

petition shall also be accompanied by an affidavit in the prescribed form, in 

support of the allegation of such corrupt practice and the particulars thereof.  

(2) Any schedule or annexure to the petition shall also be signed by 

the petitioners and verified in the same manner as the petition.   

38. Procedure on receiving election petitions.- If the prescribed 

security is not furnished in the prescribed manner or the petition is not 

presented within the period specified in section 36, the prescribed authority 

shall dismiss the petition:   

Provided that the petition shall not be dismissed without giving the 

petitioner an opportunity of being heard.   

39. Power to withdraw and transfer petitions.- Any authority 

empowered in this behalf by the Government may, at any stage after notice 

to parties and for reasons to be recorded, withdraw any election petition 

pending before a prescribed authority and transfer it for trial to another 

prescribed authority; and upon such transfer, that prescribed authority shall 

proceed with the trial from the stage at which it was withdrawn:   

Provided that such authority may, if it thinks fit, recall and re-examine 

any of the witnesses already examined.   

40. Procedure before the prescribed authority.- (1) Subject to the 

provisions of this Act and of any rules made thereunder, every election 

petition shall be tried by the prescribed authority, as nearly as may be, in 

accordance with the procedure applicable, under the Code of Civil 

Procedure, 1908 (5 of 1908), to the trial of suits:   

Provided that the prescribed authority shall have the discretion to 

refuse for reasons to be recorded to examine any witness, or witnesses, if it is 

of the opinion that their evidence is not material for the decision of the 

petition or that the party tendering such witness or witnesses is doing so on 

frivolous grounds or with a view to delay the proceedings.   



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 16

(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), 

shall, subject to the provisions of this Act, be deemed to apply in all respects 

to the trial of election petition.   

41. Appearance before the prescribed authority.- Any appearance, 

application or act before the prescribed authority may be made or done by the 

party in person or by a pleader duly appointed to act on his behalf:  

Provided that it shall be open to the prescribed authority to direct any 

party to appear in person whenever the prescribed authority considers it 

necessary.  

42. Powers of the prescribed authority.- The prescribed authority 

shall have the powers which are vested in a court under the Code of Civil 

Procedure, 1908 (5 of 1908), when trying a suit in respect of following 

matters:-  

(a)  discovery and inspection;  

(b)  enforcing the attendance of witnesses;  

(c)  requiring the deposit of their expenses;  

(d)  examining witnesses on oath;  

(e)  granting adjournments;  

(f)  reception of evidence taken on affidavit;  

(g)  issuing commission for the examination of witnesses; and  

(h)  compelling the production of documents;   

and may summon and examine suo moto any person whose evidence 

appears to it to be material; and shall be deemed to be a civil court within the 

meaning of sections 345(1) and 346 of the Code of Criminal Procedure, 1973 

(2 of 1974).   

Explanation.- For the purpose of enforcing the attendance of 

witnesses the local limits of the jurisdiction of the prescribed authority shall 

be the limits of the State of Himachal Pradesh.   

43. Documentary evidence.- Notwithstanding anything in any 

enactment to the contrary, no document shall be inadmissible in evidence at 

the trial of an election petition on the ground that it is not duly stamped or 

registered.  

44. Secrecy of voting not to be infringed.- No witness or other 

person shall be required to state for whom he has voted at an election.   

45. Answering of incriminating questions and certificate of 

indemnity.- (1) No witness shall be excused from answering any question as 

to any matter relevant to a matter in issue in the trial of an election petition 

on the ground that the answer to such question may incriminate him or may 

tend to incriminate him, or that it may expose or may tend to expose him to 

any penalty or forfeiture:   



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 17

Provided that -          

(a)  a witness who answers truly all questions which he is 

required to answer shall be entitled to receive a certificate of 

indemnity from the prescribed authority; and  

(b)  an answer given by a witness to a question put by or before 

the prescribed authority shall not, except in the case of any 

criminal proceeding for perjury in respect of the evidence, be 

admissible in evidence against him in any civil or criminal 

proceeding.  

(2) When a certificate of indemnity has been granted to any witness it 

may be pleaded by him in any court and shall be a full and complete defence 

to or upon any charge under Chapter `IX-A' of Indian Penal Code (45 of 

1860), arising out of the matter to which such certificate relates, but it shall 

not be deemed to relieve him from any disqualification in connection with 

any election imposed by this Act or any other law.   

46. Expenses of witnesses.- The reasonable expenses incurred by any 

person in attending to give evidence may be allowed by the prescribed 

authority to such person, and shall, unless the prescribed authority otherwise 

directs, be deemed to be part of the costs.   

47. Decision of the prescribed authority.-(1) When an election 

petition has not been dismissed under section 38, the prescribed authority 

shall inquire into the election petition and at the conclusion of the enquiry 

shall make an order-  

(a)  dismissing the election petition; or   

(b) setting aside the election.   

(2) At the time of making an order under sub-section (1) the 

prescribed authority shall also make an order -  

(a) where any charge is made in the petition of any corrupt 

practice having been committed at the election, recording- .  

(i) a finding whether any corrupt practice has or has not 

been proved to have been committed at the election and 

the nature of that corrupt practice; and .  

(ii)  the names of all persons, if any, who have been proved 

at the trial to have been guilty of any corrupt practice 

and the nature of that practice; and  

(b)  fixing the total amount of cost payable, and specifying the 

persons by and to whom costs shall be paid:   

Provided that a person who is not a party to the petition shall not be 

named in the order under sub-clause (ii) of clause (a) unless-  

(i)  he has been given notice to appear before the prescribed 

authority and to show cause why he should not be so named; 

and  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 18

(ii) if he appears in pursuance of the notice, he has been given an 

opportunity of cross-examining any witness who has already 

been examined by the prescribed authority and has given 

evidence against him, of calling evidence in his defence and 

of being heard.  

48. Grounds for setting aside election.- (1) If the prescribed 

authority is of the opinion-  

(a)  that on the date of his election the elected person was not 

qualified, or was disqualified, to be elected under this Act; or  

(b)  that any corrupt practice has been committed by the elected 

person or his agent or by any other person with the consent of 

the elected person or his agent; or  

(c)  that any nomination has been improperly rejected; or  

(d)  that the result of the election, in so far as it concerns the 

elected person, has been materially affected-  

(i)  by the improper acceptance of any nomination; or  

(ii) by the improper reception, refusal or rejection of any 

vote or the reception of any vote which is void; or  

(iii) by any non-compliance with the provisions of this Act 

or of any rules made under this Act;   

it shall set aside the election of the elected person.   

(2) When an election has been set aside under sub-section (1), a fresh 

election shall be held.   

49. Abatement of election petition.- An election petition shall abate 

only on the death of a sole petitioner or of the survivor of several petitioners.  

50. Costs and payment thereof out of security deposits and return 

of such deposits.- (1) Costs including pleader's fee shall be in the discretion 

of the prescribed authority.   

(2) If in any order as to costs under the provisions of this part there is 

a direction for payment of costs by any party to any person, such costs shall, 

if they have not been already paid, be paid in full, or so far as possible, out of 

the security deposit made by such party under this part, on an application, 

made in writing in that behalf within a period of one year from the date of 

such order to such authority as may be empowered in this behalf by the 

Government, by the person in whose favour the costs have been awarded.  

(3) If there is any balance left of the security deposit under this part 

after payment under sub-section (2) of the costs referred to in that sub-

section, such balance, or where no costs have been awarded or no application 

as aforesaid has been made within the said period of one year, the whole of 

the said security deposit may, on an application made in that behalf in 

writing to the authority referred to in sub-section (2) by the person by whom 

the security has been deposited, or if such person dies after making such 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 19

deposit, by the legal representatives of such person, be returned to the said 

person or to his legal representatives, as the case may be.   

51. Execution of orders as to costs.- Any orders as to costs under the 

provisions of this part may be produced before the principal civil court 

within the local limits of whose jurisdiction any person directed by such 

order to pay any sum of money has a place of residence or business and such 

court shall execute the order or cause the same to be executed in the same 

manner and by the same procedure as if it were a decree for the payment of 

money made by itself in a suit:   

Provided that where any such cost or any portion thereof may be 

recovered by an application made under sub-section (2) of section 50, no 

application shall lie under this section within a period of one year form the 

date of such order unless it is for the recovery of the balance of any costs 

which has been left unrealised after an application has been made under that 

sub-section owing to the insufficiency of the amount of the security deposit 

referred to in that sub-section.     

52. Corrupt practices entailing disqualification.- The corrupt 

practices specified in Schedule-II shall entail disqualification for membership 

of the Council for a period of five years counting from the date on which the 

finding of the prescribed authority as to such practice has been given:   

Provided that the Government may, for reasons to be recorded, 

remove the disqualification or reduce the period thereof.  

PART-IV  

MISCELLANEOUS  

53. Power to make rules.- (1) The Government may, by notification 

and after previous publication, make rules to carry out all or any of the 

purposes of this Act.  

(2) In particular, and without prejudice to the generality of the 

foregoing power, the Government may make rules for all or any of the 

following matter, namely:-  

(a)  the time at which and the place and manner in which election 

shall be held under section 4;  

(b) the salary, allowances and other conditions of service of the 

Registrar under section 14;  

(c)  the form of the register and the particulars to be entered 

therein under section 15;  

(d) the fees chargeable for registration, registration certificate, re-

entries of a removed name and alteration of entries in the 

register;  

(e)  the manner in which appeals against the decision of the 

Registrar shall be heard by the Council under section 17;  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 20

(f)  the travelling and other allowances payable to members under 

section 24;  

(g) the application of fees under section 25;  

(h) the furtherance of any of the objects of the Council;  

(i)  the form of the certificates of registration mentioning therein 

the part in which the registered practitioner is registered;  

(j)  the amount of security to be furnished and the manner in 

which it is to be furnished as required by sub-section (1) of 

section 36;  

(k) the authority to whom election petitions may be presented and 

by whom such petitions may be inquired into and decided 

under Part III; 

(l)  the form of affidavit required to accompany the petition under 

sub-section (1) of section 37; and  

(m) any other matter which may be prescribed.   

54. Regulations.- (1) The Council may, with the previous sanction of 

the Government, make regulations not inconsistent with this Act or the rules 

made under section 53 for all or any of the following matters, namely:-  

(a)  the time and place at which the Council shall hold its 

meetings under section 12;  

(b) the salary, allowances and other conditions of service of 

officers and servants of the Council, other than Registrar, 

under section 14;  

(c)  the conditions for registration referred to in sub-sections (1) 

and (2) of section 16;  

(d) the course of study for training and qualifying and other 

examinations;  

(e) the admission of students to the bodies or institutions 

authorised under section 21;  

(f)  the language in which the examinations shall be conducted 

and instructions shall be imparted;  

(g) the conditions under which students shall be admitted to the 

degree, diploma or certificate course and to the qualifying and 

prior examinations;  

(h) the conditions of appointment of examiners and the conduct 

of examinations; and  

(i)  all other matters which may be necessary for the purposes of 

carrying out the objects of this Act. 

(2)  All regulations shall be published in the Official Gazette. 

(3)  The Government may by notification cancel any regulation: 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 21

Provided that in submitting regulations under clauses (d) and (h) for 

sanction of the Government under this section, the Council shall send a copy 

of its proceedings relating to the passing of such regulations and shall state 

the number of its members who have voted for or against such regulations or 

not voted in respect of such regulations:   

Provided further that in sanctioning the regulations due consideration 

shall be given to the opinion of the members as expressed in the said 

proceedings.   

55. Rules and regulations to be laid before State Legislature.- 

Every rule or regulation made under this Act shall be laid, as soon as may be 

after it is made, before the Legislative Assembly while it is in session for a 

total period of not less than fourteen days, which may be comprised in one 

session or in two or more successive sessions, and if, before the expiry of the 

session in which it is so laid or the session immediately following, the 

Assembly makes any modification in the rule or regulation, as the case may 

be, or decides that the rule or regulation should not be made, the rule or 

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 an 

annulment shall be without prejudice to the validly of anything previously 

done under that rule or regulation.  

56. Repeal and savings.- (1) The Punjab Homoeopathic Practitioners 

Act, 1965 (16 of 1965), as in force in the areas added to Himachal Pradesh 

under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) is 

hereby repealed:   

Provided that the repeal of any such enactment shall not affect-  

(a)  the previous operation of such enactment or anything duly 

done or suffered thereunder, or  

(b) any right, privilege, obligation or liability acquired, accrued 

or incurred under such enactment, or  

(c)  any penalty, forfeiture or punishment incurred in respect of 

any offence committed against such enactment, or  

(d) any investigation, legal proceeding or remedy in respect of 

any such right, privilege, obligation, liability, penalty, 

forfeiture or punishment as aforesaid; and any such 

investigation, legal proceeding or remedy may be instituted, 

continued or enforced, and any such penalty, forfeiture or 

punishment may be imposed as if this Act had not been 

passed.   

(2) Subject to the proviso to sub-section (1), anything done or any 

action taken (including any appointment or delegation made, notification, 

order, instruction or direction issued, rules and regulations framed) under the 

enactment repealed by sub-section (1) shall, in so far as it is not inconsistent 

with this Act, be deemed to have been done or taken under the corresponding 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 22

provisions of this Act and shall continue to be in force accordingly, unless 

and until superseded by anything done or any action taken under this Act.  

(3) Without prejudice to the general application of the provisions of 

sub-sections (1) and (2), the assets and liabilities immediately before the 1st 

November, 1966, of the Council constituted under section 3 of the Punjab 

Homoeopathic Practitioners Act, 1965 (16 of 1965), which by virtue of any 

agreement or otherwise under the Punjab Re-organisation Act, 1966 (31 of 

1966), may devolve on the Union, shall, if the Government so directs, 

become the assets and liabilities of the Council.   

57. Power to remove difficulty.- If any difficulty arises in giving 

effect to the provisions of this Act, the Government may by order published 

in the Official Gazette, make such provisions or give such directions not 

inconsistent with the provisions of this Act, as may appear to it to be 

necessary or expedient for the removal of such difficulty.  

SCHEDULE -I  

[See sections 3(3) and (5), 16(1), 21(1)(a) and 33]  

Persons who are entitled to have their names entered in Part `A' of the 

register of the practitioners of homoeopathic system of medicines:-  

(1) Homoeopaths who have passed the final examinations held by the 

Council of the Homoeopathic System of Medicines, Himachal Pradesh. 

(2) Homoeopaths who have passed an examination from the 

recognised homoeopathic institution in Himachal Pradesh or have got 

diploma, degree from the institutions situated outside Himachal Pradesh; 

provided such diploma and degree is recognised by the Council.  

(3) Homoeopaths who have been registered by the State Council or 

Board of Homoeopathic System of Medicines established by law any where 

in the Indian Union by virtue of their having passed qualifying examination 

from any of the recognised institutions of such Council or Board.  

SCHEDULE-II  

[See sections 34 (c) and 52]  

The following shall be deemed to be corrupt practices for the 

purposes of section 52:-  

(1) bribery, that is to say-  

(A) any gift, offer or promise by a candidate or his agent or by 

any other person with the consent of a candidate or his agent 

of any gratification, to any person whomsoever with the 

object, directly or indirectly of inducing-  

(a) a person to stand or not to stand as, or to withdraw from 

being, a candidate at an election; or  

(b) a voter to vote or refrain from voting at an election or as 

a reward to-  



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 23

(i) a person for having so stood or not stood, or for 

having withdrawn his candidature; or  

(ii) a voter for having voted or refrained from voting;  

(B) the receipt of or, agreement to receive, any gratification 

whether as a motive or a reward-  

(a) by a person for standing or not standing as, or, for 

withdrawing from being a candidate; or  

(b) by any person whomsoever for himself or any other 

person for voting or refraining from voting, or inducing 

or attempting to induce any voter to vote or refrain from 

voting, or any candidate to withdraw his candidature. 

Explanation.- For the purpose of this clause,-   

(1)  The term "gratification" is not restricted to pecuniary gratification 

or gratifications estimable in money and it includes all forms of 

entertainment and all forms of employment for reward, but it does not 

include the payment of any expenses bona fide incurred at, or for the purpose 

of any election.   

(2)  "undue influence" that is to say, any direct or indirect interference 

or attempt to interfere on the part of the candidate or his agent, or of any 

other person with the consent of the candidate or his agent, with the free 

exercise of any electoral right:   

Provided that-  

(a) without prejudice to the generality of the provisions of this 

clause, any such person as is referred to therein who-  

(i) threatens any candidate or a voter or any person in whom 

a candidate or such voter is interested, with injury of any 

kind and including social ostracism and ex-

communication or expulsion from any caste or 

community ;or  

(ii) induces or attempts to induce a candidate or a voter to 

believe that he, or any person in whom he is interested, 

will become or will be rendered an object of divine 

displeasure or spiritual censure;   

shall be deemed to interfere with free exercise of the 

electoral right of such candidate or a voter within the meaning of 

this clause;  

(b)  a declaration of public policy, or a promise of publication or 

the mere exercise of legal right without intent to interfere with 

an electoral right shall not be deemed to be interference 

within the meaning of this clause.   

(3) The appeal by a candidate or his agent or by any other person with 

the consent of a candidate or his agent to vote or refrain from voting for any 



THE HIMACHAL PRADESH HOMOEOPATHIC PRACTITIONERS ACT, 1979 24

person on the ground of his religion, race, caste, community or language or 

the use of, or appeal to, religious symbols or the use of, or appeal to, national 

symbols, such as the national flag or the national emblem for the furtherance 

of the prospects of the election of that candidate or for prejudicially affecting 

the election of any candidate.   

(4) The promotion of, or attempt to promote, feelings of enmity or 

hatred between different classes of the citizens of India on grounds of 

religion, race caste, community or language by a candidate or his agent or 

any other person with the consent of a candidate or his agent for the 

furtherance of the prospects of the elections of that candidate or for 

prejudicially affecting the election of any candidate.   

(5) The publication by candidate or his agent or by any other person 

with the consent of a candidate or his agent, of any statement of fact which is 

false, and which he either believes to be false or does not believe to be true, 

in relation to the personal character or conduct of any candidate or in relation 

to the candidature or withdrawal of any candidate, being a statement 

reasonably calculated to prejudice the prospects of that candidate's election.  

(6) The hiring or procuring whether on payment or otherwise of any 

vehicle by a candidate or his agent or by any other person with the consent of 

a candidate or his agent for the conveyance of any voter (other than the 

candidate himself, the member of his family or his agent) to or from any 

polling station provided or a place fixed for the poll:   

Provided that the hiring of vehicle by a voter or by several voters at 

their joint costs for the purpose of conveying him or them to and from any 

such polling station or place fixed for the poll shall not be deemed to be a 

corrupt practice under this clause, if the vehicle so hired is a vehicle not 

propelled by mechanical power:   

Provided further that the use of any public transport vehicle by any 

voter at his own cost for the purpose of going to or coming from any such 

polling station or place fixed for the poll shall not be deemed to be a corrupt 

practice under this clause.   

Explanation.- In this clause, the expression "vehicle" means any 

vehicle used or capable of being used for the purpose of road transport, 

whether propelled by mechanical power or otherwise and whether used for 

drawing other vehicles or otherwise.   

(7) The obtaining or procuring or abetting or attempting to obtain or 

procure by a candidate or his agent, or, by any other person with the consent 

of a candidate or his agent, any assistance (other than the giving of vote) for 

the furtherance of the prospects of that candidate's election, from any person 

in the service of the Government, the Government of India or the 

Government of any other State or a local authority.   

________________