THE UTTAR PRADESH HOMOEOPATHIC MEDICAL COLLEGES (ACQISITION & MISCELLANEOUS PROVISIONS) ACT, 1981

English — official source version

english_21_of_1981.pdf.txt

  

740 

 THE UTTAR PRADESH HOMOEOPATHIC MEDICAL COLLEGES 

(ACQUISITION AND MISCELLANEOUS PROVISIONS) 

ACT, 19811 

[ U. P. ACT NO. 21 of 1981 ] 

 Amended by 

U. P. Act no. 7 of 2001 

 [Passed in Hindi by the Uttar Pradesh Legislative Assembly 

on September 17, 1981 and by the Uttar Pradesh Legislative 

Council on September 21, 1981. 

Received the assent of the President on October 23, 1981 

under Article 201 of the Constitution of India and was published in 

the Uttar Pradesh Gazette Extraordinary, dated October 24, 1981. ] 

 AN 

ACT 

to provide for acquisition and management of certain non-

government homoeopathic medical colleges and to provincialize 

the education in the medical science of homeopathy and for 

matters connected therewith or incidental thereto.   

 WHEREAS the students of non-government homeopathic medical 

colleges in the State have been agitating for the provincialisation of such 

colleges for a long time ;  

 AND, WHEREAS, the standard of education, equipment and facility 

for studies obtaining in these colleges are not up to the mark ; 

AND, WHEREAS, a large number of colleges than necessary are 

operating in the State with mercenary motives, and with a view to 

provincialise and properly organise the medical education in 

homeopathic science and to improve the standard of education and 

treatment in such science and to prevent recurrence of such evils, it is 

necessary to acquire those colleges which are more useful and to close 

down the rest ;   

 NOW, THEREFORE, it is hereby enacted in the Thirty-second Year 

of the Republic of India as follows :— 

CHAPTER – I 

Preliminary 

Short title  
and commen-
cement 

1. (1) This Act may be called the Uttar Pradesh Homeopathic 

Medical Colleges (Acquisition and Miscellaneous Provisions) Act, 1981. 

(2) It shall come into force on such date as the State Government 

may, by notification2, appoint in this behalf.  

—————————————————————————————————————————— 
1.  For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated July 18, 1981. 

2.  The Act has been enforced w. e. f. December 11, 1981 vide notification no. 7867-sec-9/V-81—1019-80, 
dated December 11, 1981.  



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Definitions 2. In this Act — 

(a) “appointed day” means the date notified under sub-section 

(2) of section 1 ; 

(b) “Homeopathy” shall have the meaning assigned to it in the 

Uttar Pradesh Homeopathic Medicine Act, 1951 ;  

 
1 [ (bb) “National Homeopathic Medical College” means the 

National Homeopathic Medical College, Lucknow together with the 

hospital and dispensary attached thereto or used in connection 

therewith, and includes all lecture rooms, laboratories, libraries, 

hostels and boarding houses used in connection with or as accessories 

to, or adjuncts of such college ; ] 

 (c) “Scheduled College” means a homeopathic medical college 

specified in the Schedule together with the hospitals and dispensaries 

attached thereto or used in connection therewith and includes all 

lecture-rooms laboratories, libraries, hostels and boarding house used 

in conception with or as accessories to, or adjuncts of such college ;     

 (d) “Society” in relation to a Scheduled College means the 

society, trustee or other person or body in which the ownership, 

management and control of the affairs of such colleges are vested.  

 CHAPTER – II 

Acquisition of Scheduled Colleges  

Vesting of 
Scheduled 
colleges in the 

State 
Government  

3. (1) On and from the appointed day, every Scheduled College, 

together with —  

(a) all lands on which such college stands and all other land 

appurtenant thereto, and all buildings, erections and fixtures on such 

lands,  

 (b) all furniture, equipments, stores, apparatuses, instruments, 

appliances, drugs, medicines, works, workshops, projects, automobiles, 

books, moneys and other assets of such college ; 

 (c) all other properties, movable and immovable including farms, 

leases and all rights, powers authorities, privileges, reserve funds, 

investments, book-debts, and all other rights and interests in or in 

relation to or arising out of such property as were immediately before 

the appointed day, in the ownership, possession, power or control of 

the day, in the ownership, possession, power or control of the 

Administrator or any other person, society or body in charge of the 

management of the affairs of such college ;     

 shall stand transferred to and vest absolutely in the State 

Government and shall be applied for the purpose of such college.   

 (2) Every deed of gift, endowment, bequest, trust or other 

document  in  relation to  all or any of the properties and assets referred  

—————————————————————————————————————————— 
1.  Ins.  by sec. 2 of U. P. Act 7 of 2001.   



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744 

 to in sub-section (1) shall, as from the appointed day, be construed as 

if it were made or executed in favour of the State Government. 

 (3) Subject to the provisions of this Act, every property and 

assets referred to in this section, which by virtue of sub-section (1) 

has vested in the State Government shall, by force of such vesting, be 

freed and discharged from any debt, obligation, mortgage, charge or 

lien and other encumbrances affecting it, and every attachment, 

injunction, decree or order of any court or tribunal restricting the use 

of such property in any manner shall be deemed to have been 

withdrawn.  

 (4) Subject to the provisions of this Act, any proceeding or 

cause of action pending or existing immediately before the appointed 

day, by or against the society may, as from the appointed day, be 

continued and enforced by or against the State Government as if 

might have been continued or enforced by or against such society if 

this Act had not come into force.  

Administration 
of Scheduled 

Colleges  

4. (1) On and from the appointed day, every Schedules College 

shall be administered by the State Government in such manner, as 

the State Government may, from time to time, direct.  

(2) Without prejudice to the generality of the provisions of sub-

section (1), the State Government may direct that — 

 (a) one or more of the scheduled colleges shall be closed down ; 

(b) two or more of such colleges shall be combined or 

amalgamated ;  

 1 [(bb) any of the scheduled colleges and the National 

Homeopathic Medical College shall be combined or amalgamated ; ] 

 2[(c) students of one or more scheduled colleges or National 

Homeopathic Medical College shall be transferred from one college to 

another or absorbed in any other such college ; 

(d) teachers or other employees of any scheduled college or 

National Homeopathic Medical College shall be transferred from one 

college to another ;  

 (e) any post of teachers or other employees of any scheduled 

college or National Homeopathic Medical College shall be transferred 

from one college to another ; ] 

 3[(3) The inter se seniority of each category of employees other 

than teachers of the colleges combined or amalgamated under clause 

(b) or clause (bb) of sub-section (2) shall be determined from the date 

of their substantive appointment in their respective cadre. If the date 

of substantive appointment of two or more such employees is the 

same, the employee senior in age shall be senior. 

—————————————————————————————————————————— 
1.  Ins.  by sec. 3 (a) of U. P. Act 7 of 2001. 

2.  Subs.  by sec. 3 (b) of U. P. Act 7 of 2001.   

3.  Ins.  by sec. 3 (c) of U. P. Act 7 of 2001.   



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(4) It shall be lawful for the State Government to abolish, leave 

unfilled, or hold in abeyance, any vacant post of teachers or other 

employees of any scheduled college or National Homeopathic Medical 

College or colleges combined or amalgamated under clause (b) or clause 

(bb) of sub-section (2) and no person shall be entitled to claim any 

appointment in such post.]1 

Duty to 
deliver 

possession  

5. (1) Every person having possession, custody or control of any 

property or assets referred to in section 3 on the appointed day shall 

deliver forthwith such property or asset to the Collector or to such other 

officer as may be authorised by the State Government in this behalf, and 

the Collector or such other officer as aforesaid may use such force as 

may be necessary for obtaining such delivery.  

 (2) Any person who on the appointed day, has in his possession, 

custody or control any books, papers or other documents relating to any 

property referred to in section 3 shall be liable to account for the same 

to the Collector or to such other officer as may be authorized by the 

State Government in this behalf.  

 (3) Without prejudice to the other provisions contained in this 

Act, it shall be lawful for the State Government to take all necessary 

steps for taking possession of all properties and assets which have been 

transferred to and vested in it under this Act.  

Teachers and 

other 
employees to 
become 
employees of 

State 
Government  

6. (1) Subject to the provisions of section 7, every teacher or 

other employee who, immediately before the appointed day is employed 

in, or in connection with the affairs of any scheduled college shall 

become, as from the appointed day, a teacher or other employee, as the 

case may be, of the State Government and shall hold his office by the 

same tenure, at the same remuneration and upon the same terms and 

conditions and with the same rights and privileges as to pension, 

gratuity and other matters as he would have held, if this Act had not 

come into force, and shall continue to do so unless and until his 

employment is duly terminated or until his remuneration, terms and 

conditions are duly altered by the State Government ;  

 Provided that if such transfer is not acceptable to any such 

teacher or other employee, he may intimate to the State Government to 

that effect within one month from the appointed day and thereupon his 

employment shall stand terminated with effect from the appointed day; 

 Provided further that if the employment of teacher or other 

employee is terminated in accordance with the preceding proviso such 

teacher or employee shall, subject to the provisions of sub-section (2), be 

entitled — 

 (a) to an amount equivalent to three months’ salary in the case of 

permanent employee, and one month’s salary in the case of any other 

employee ; and  

 (b) to other benefits which could have accrued to him because of 

his past services in such college, had his employment not been so 

terminated.   

—————————————————————————————————————————— 
1. Ins. by sec. 3(c) of U.P. Act No. 7 of 2001. 



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(2) The transfer or termination of the services of any teacher, or 

other employee under sub-section (1) shall not entitle him to any 

compensation under the U. P. Industrial Disputes Act, 1947 or any 

other law for the time being in force, and no such claim shall be 

entertained by any court, tribunal or other authority.  

 
(3) If any vacancy occurs in the post of a teacher or other 

employee in any scheduled college at any time after the commencement 

of this Act, and a teacher or other employee serving in any homeopathic 

medical college (other than a scheduled college) on the date immediately 

preceding the date of such commencement applies for appointment to 

any such post carrying the same rank or grade, then such teacher or 

employee shall be entitled to a preference over other applicants provided 

he fulfills the minimum qualifications prescribed therefor.  

Review of 
certain 

appoint-
ments, etc.  

7. (1) Notwithstanding anything contained in this Act, the State 

Government may nominate any officer or appoint a committee to review 

the genuineness of all appointments made or increments of salary given 

to the teachers or other employees of a scheduled college within the 

period of two years immediately preceding the appointed day, and if after 

considering the report of such officer or committee and representations 

that may be received in that behalf from the teachers or other employees 

affected, an appointment made or increment given does not appear to 

the State Government to be genuine, it may terminate the services of 

such teacher or employee or cancel the increment, as the case may be, 

and the provision of sub-section (2) of section 6 shall apply to every such 

termination.     

 
(2) Every contract entered into by a Society in relation to any 

property or asset owned by it, which is vested in the State Government 

under section 3, for any service, scale or supply and in force 

immediately before the appointed day, shall, on and from the expiry of a 

period of one hundred and eighty days from the appointed day cease to 

have effect, unless such contract is, before the expiry of that period, 

ratified in writing by the State Government and in ratifying such 

contract the State Government may make such alteration or 

modification as it may think fit : 

 
Provided that the State Government shall not omit to ratify a 

contract and shall not make any alteration or modification therein — 

(a) unless it is satisfied that such contract is unduly onerous or 

has been entered into in bad faith or is detrimental to the interests of 

the State Government ; and  

 
(b) except after giving the parties to the contract a reasonable 

opportunity of being heard and except after recording in writing its 

reasons for refusal to ratify the contract or for making any alteration or 

modification therein.  

 

 



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CHAPTER – III 

Prohibition of opening of new colleges  

New 
homeopathic 

colleges not to 
be established  

8. Subject to the provisions of Article 30 of the Constitution no 

person other than a person authorised by the Central Government or 

the State Government shall, on or after the appointed day — 

(a) open, organise, maintain or manage or cause to be opened, 

organised, maintained or managed any college professing to undertake, 

conduct, provide or offer any instruction in homeopathy ;   

 (b) admit or offer admission on payment of fee or without such 

payment, to any course of instruction in homeopathy ; 

(c) receive any donation, subscription or fee (by whatever name 

called) in respect of any institution imparting instructions in 

homeopathy ; 

 (d) make any arrangement or hold out that arrangements have 

been made for lecture, coaching or tuition or for experiments in, any 

laboratory with a view to imparting instructions in homeopathy.  

Penalty for 
contravenetion 
of section 8 

9. Every person who contravenes the provision of section 8 shall 

be punishable with imprisonment for a period which may extend to 

three years or with fine which may extend to two thousand rupees or 

with both.  

 CHAPTER – IV 

Miscellaneous  

Provisions of 
the Act to 
have 
overriding 

effect.  

10. The provisions of this Act shall have effect, notwithstanding 

anything inconsistent therewith contained in any other law for the time 

being in force, or any instrument having effect by virtue of any law other 

than this Act or any decree or order of any court, tribunal or authority.  

Penalties   11. Every person who — 

(a) having in his possession, custody or control any property or 

assets held for the purposes of a scheduled college wrongfully withholds 

such property or asset in contravention of sub-section (1) of section 5 ; 

or   

 (b) wrongfully obtains possession of or retains any property or 

asset held for the purposes of any scheduled college ; or  

(c) willfully withholds or fails to account for any book, paper or 

other document in his possession, custody or control relating to a  

scheduled college, in contravention of sub-section (2) of section 5 ; or  

 (d) wrongfully uses, removes or destroys any property held for 

the purposes of a scheduled college ;  

shall be punishable with imprisonment for a term which may extend to 

two years or with fine which may extend to three thousand rupees or 

with both.  

Offences by 
companies  

12. (1) Where any offence under this Act is committed by a 

company,  every  person  who, at the time of the offence was committed,  

 



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752 

 
was incharge of, and was responsible to the company for the conduct of 

the business of the company, as well as the company shall be deemed to 

be guilty of the offence, and shall be liable to be proceeded against and 

punished accordingly ; 

 
Provided that nothing contained in this sub-section shall render 

any such person liable to any punishment, if he proves that the offence 

was committed without his knowledge or that he exercised all due 

diligence to prevent the commission of such offence.  

 
(2) Notwithstanding anything contained in sub-section (1) where 

any offence under this Act has been committed by a company, and it is 

proved that the offence has been committed with the consent or 

connivance of, or is attributable to any neglect on the part of any 

director, manager, secretary or other officer of the company, such 

director, manager, secretary or other officer shall be deemed to be guilty 

of that offence and shall be liable to be proceeded against and punished 

accordingly.  

 
Explanation — For the purposes of this section — 

(a) “Company” means anybody corporate and includes a firm, 

society or other association of individuals ; and  

(b) “Director” in relation to a firm means a partner in the firm.   

Protection of 
action taken 

in good faith  

13. No suit, prosecution or other legal proceeding shall lie 

against the State Government or any of its officers or other employees for 

anything which is in good faith done or intended to be done under  

this Act.   

Cognizance 

of offences 
14. Notwithstanding anything contained in the Code of Criminal 

Procedure, 1973, no court shall take cognizance of any offence under 

this Act, except on a complaint in writing made by the State Government 

or any officer authorised in this behalf, by that Government.   

Savings in 
respect of 
minority 
institutions  

15. Nothing in this Act shall affect the right of any minority, 

referred to in Article 30 of the Constitution to establish and administer 

educational institutions of their choice for imparting instructions in 

homeopathy subject to any law for the time being in force.  

Power to 
make rules  

16. The State Government may, by notification, make rules for 

carrying out the purposes of this Act.  

Repeal and 

savings 
17. (1) The Uttar Pradesh Homeopathic Medical College, (Taking 

over of Management) Act, 1979 is hereby repealed.  

(2) Notwithstanding such repeal, anything done or any action 

taken under the enactment repealed by sub-section (1) shall continue to 

be valid as if this Act has not come into force.  

 

 

 



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THE SCHEDULE 

[See section 2(c)] 

 
Serial No.                               Name of the colleges 

      1.           Ghazipur Homeopathic Medical College, Ghazipur.  

      2.           Kanpur Homeopathic Medical College, Kanpur.  

      3.           Mohan Homeopathic Medical College, Lucknow.  

      4.           Sri Durgaji Homeopathic Medical College, Chandesar,  

                    Azamgarh. 

 
      5.           Sri Brijkishore Homeopathic Medical College, Faizabad. 

      6.           K. G. K. Homeopathic Medical College, Moradabad.  

      7.           T. D. Homeopathic Medical College, Jaunpur.  

      8.           Lal Bahadur Shastri Homeopathic Medical College,  

                    Allahabad.  

      9.           Homeopathic Medical College, Tigri Mankawala, Nagina,  

                    Bijnor.