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State of Maharashtra - Section

Section 46 in Maharashtra Homoeopathic Practitioners' Act, 1960

46. [ Amendment of certain enactment. - The enactments mentioned in column 2 of the Second Schedule shall be amended in the manner, and to the extent, specified in column 3 of the said Schedule.] [This section was substituted by Maharashtra 16 of 1988, Section 42.]

First Schedule[Deleted by Maharashtra 19 of 1988, Section 28][Second Schedule] [This Schedule was Substituted by Maharashtra 16 of 1988, Section 44.](See section 46)
Number and year of the Act Short title of the Act Amendments
1 2 3
Maharashtra XXVIII of 1961. The Maharashtra Medical Practitioners' Act, 1961. 1. In section 20,—(a) insub-section (2), in clause (b), the words "or list" andthe words "or the said list" shall be deleted;(b) insub-section (3), the words "or the list, as the case maybe," and the words "or the said list" shall bedeleted.2. In section 33, in sub-section(1), in clause (ii), the words "or the list" shall bedeleted.3. In section 33A, in sub-section(1), for the words "that section" the word and figures"section 33" shall be substituted.4. In section 35, in sub-section (1), clause (d), for thewords "Court of Examiners" the words "Council"shall be substituted.
Maharashtra XLVI of 1965. The Maharashtra Medical Council Act, 1965. In Section 22,—(a) in sub-section (1), in theExplanation, for the words and figures "Code of CriminalProcedure, 1898," in both the places where they occur, thewords and figures "Code of Criminal Procedure, 1973"shall be substituted;(b) in sub-section (2),-(i) in clause(a), the words "of the list" shall be deleted;(ii) in clause(b), the words "or the list" shall be deleted;(iii) thewords "or the said list" shall be deleted;(c) in sub-section (3), the words "or the list, as thecase may be," and the words "or the said list"shall be deleted.
NotificationsG. N., U. D. & P. H. D., No. BHP. 1063/70363-H, dated 29th August, 1964 (M.G., Part IV-B, Pages 1122) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1963 (Maharashtra XXXI of 1963), the Government of Maharashtra hereby appoints the 1st day of September 1964 to be the date on which the said Act shall come into force.G. N., U. D. & P. H. D., No. BHP-1068/66390-H, dated 4th February, 1975 (M. G., Part IV-B, Pages 296) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Homoeopathic and Biochemic Practitioners' (Amendment) Act, 1974 (Maharashtra XXXIX of 1974), the Government of Maharashtra hereby appoints the 5th day of February 1975 to be the date on which the said Act shall come into force.G.N., U.D. & P.H.D., No, BHP., 1059(a)-Unification, dated 26th October, 1961 (M. G., Part IV-B, Pages 1017) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bombay XII of 1960), the Government of Maharashtra hereby appoints the 27th day of October 1961 to be the day on which the said Act shall come into force.G. N., U. D. & P. H. D., No. BHP-1076/1329(459)-PH-10, dated 5th June, 1976 (M. G., Part IV-B, Pages 736) - In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 3 of the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bombay XII of 1960), the Government of Maharashtra hereby constitutes the Board of Homoeopathic and Biochemic Systems of Medicine, Bombay, as follows, namely-G. N., M. E., & D. D., No. MHC-1091/2063/CR-151/ACT, dated 10th June, 1993 (M.G., Part. IV-B, Pages 886) - In exercise of the powers conferred by section 3(1)(a) of the Bombay Homoeopathic Practitioners' Act, 1959 (Bombay Act No. XII of 1960), the Government of Maharashtra hereby constitutes the Maharashtra Council of Homoeopathy under section 3A(1) of the said Act and publishes the names of the Members of the Council so constituted, as follows:-
1. The Deputy Director of Homoeopathy, Office of the Directorateof Ayurved, State of Maharashtra, Khanna Construction Building,Dr. Thadani Marg, Worli, Bombay 400 018. Ex-officio Member as per section 3A(1)(a)
2. Dr. Babubali H. Shah, G.C.E.H., Subhash Chowk, Baramati 413102, District Pune Member nominated by the State Government under Section3A(1)(b).
3. Dr. (Smt.) Rajani Section Indurkar, L.C.E.H., B.H.M.S.,1/11, AjayApartment, Senapati Bapat Marg, Pune. Member nominated by the State Government under section3A(1)(b).
4. Dr. (Smt.) Pramodini Page, L.C.E.H., 131, Purnanand,Banganga,Malbar Hill, Bombay 400 006. Member nominated by the State Government under section3A(1)(b).
5. Dr. Dinesh Motiram Bachhav, L.C.E.H. Dhanvantari Hospital.78/1, Peth Road, Panchavati, Nashik 422 003. Member nominated by the State Government under section3A(1)(b).
6. Dr. D.K. Patil, G.C. E.H., Bhagyashri, 128, Shivaji Nagar,Karad, District Satara. Member elected as per section 3A(1)(c).
7. Dr. R.M. Chincholkar, D.H.B, Ramdas Peth, Akola Member elected as per section 3A(1)(c).
8. Dr. P.M. Zambad, D.H.M.S., Zambad Niwas, Gulmandi, Aurangabad. Member elected as per section 3A(1)(c).
9. Dr. V.R. Kavishwar, D.H.B., Yugantar, Tilak Nagar, Khamgaon,District Buldhana. Member elected as per section 3A(1)(d)(ii).
10. Dr. C.D. Ghorpade, G.C.E.H., 1618, B-Ward, Mangalwar Peth,Kolhapur. Member elected as per section 3A(1)(d)(ii).
11. Dr. R. D. Latkar, D.H.M.S., C/50, Mauli, Bhagyanagar,Aurangabad. Member elected as per section 3A(1)(d)(ii).
G.N., M.E. and D.D., No. MHC. 1098/2099/52/98-ACT, Dated 29th July, 1998 (M.G. Part IV-B, Pages 2633). - Whereas, by Government Notification, Medical Education and Drugs Department, No. MHC. 1091/2063/CR-151/ACT, dated the 10th June 1993, the Maharashtra Council of Homoeopathy (hereinafter referred to as "the said Council") has been constituted under sub-section (1) of section 3A of the Bombay Homoeopathic Practitioners' Act, 1959 (Bombay XII of 1960) (hereinafter referred to as "the said Act");And whereas, the term of the office of the Members of the said Council has been expired on the 16th June, 1998;And whereas, Government has received complaints of mis-managements and irregularities of said Council; and therefore it appears to Government that it is not desirable to continue the said Council for a further period after expiry of its period of five years;And whereas, for the completion of holding elections to the said Council as per procedure, a considerable period is required;And whereas, the Government of Maharashtra considers it expedient to appoint and Administrator on the said Council, till the elections are to be held;And whereas, the Government of Maharashtra has decided to appoint Vaidya Section M. Sathe, Dean, Poddar Ayurved College, Mumbai, to be the person as Administrator, to exercise all the powers and perform all the duties of the said Council during the interim period for the smooth working;Now, therefore, in exercise of th-t powers conferred by clause (a) of sub-section (2) of section 3, read with section 5, 6 and 36 of the Bombay Homoeopathic Practitioner' Act, 1959 and all the other powers enabling it in that behalf, the Government of Maharashtra hereby appoints Vaidya, S.M, Sathe, Dean, Poddar Ayurved College, Mumbai to be a person as Administrator to exercise all the powers and perform all the duties of the said Council for a period of one year or till the new Council is duly constituted, whichever is earlier.G. N.., U. D. & P. H. D.,'No. BHP-1375/4341/PH-7, dated 26th April, 1977 (M.G., Part IV-B, Pages 386) - Whereas, it appears to the Government of Maharashtra that the courses of study and examinations prescribed by certain institutions conferring awards not entered in the First Schedule to the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bombay XII of 1960) (hereinafter referred to as "the said Act"), are such as to secure the possession by persons obtaining such awards of the requisite knowledge and skill for the efficient practice of the Homoeopathic or the Biochemic System of Medicine;Now, therefore, in exercise of the powers conferred by sub-section (1) of section 32 of the said Act, and of all other powers enabling it in that behalf the Government of Maharashtra hereby directs the medical qualifications granted by the Universities Boards and other medical Institutions in India and Outside included in the Second and Third Schedules to the Homoeopathy Central Council Act. 1973 (59 of 1973), be included in the First Schedule to the said Act; and for that purpose amends that Schedule as follows, namely:-In the First Schedule to the said Act, after entry 9, the following entry shall be added, namely:-"10. All qualifications included, from time to- time in the Second and Third Schedules to the Homoeopathy Central Council Act, 1973 (59 of 1973), but not included in any of the above entries in this Schedule".G. N., U. D., P. H. & H.D., No. BHA-1072/38822-H, dated 7th June, 1973 (M.G., Part IV-B, Pages 1285) - Whereas, the term of office of the members of the Board of Homoeopathic and Biochemic Systems of Medicine, Bombay (hereinafter referred to as "the Board"), as constituted under the Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 Bombay XII of 1960) (hereinafter referred to as "the said Act"), has expired on the 1st March 1973;And whereas, under section 4 of the said Act, read with rule 4 of the Board and Court of Examiners of Homoeopathic and Biochemic Systems of Medicine (Election) Rules, 1961, the Registrar, who is the Returning Officer, has to fix the election programme in such a manner as to complete the whole election, as far as possible, before the expiry of the term of the members and, at least three months before the date fixed for the election, the Registrar must cause to be printed and published a correct list of these names and qualifications of all practitioners for the time being entered in the register and the dates when such qualifications were required;And whereas, it appears to the Government of Maharashtra that the Board has failed to exercise the powers and to perform the duties conferred on it by or under the said Act, for causing the list of the names and qualifications of all practitioners to be printed and published and the election to be held by the Registrar as aforesaid and to report to Government the names of elected members to enable Government to constitute a new Board in time;And whereas, the Government of Maharashtra, considering such failure to be of a serious character, called upon the Board to remedy such failure within a specified time, but the Board has failed to remedy the failure within that time;Now, therefore, in exercise of the powers conferred by sub-section (1) of section 36 of the said Act, the Government of Maharashtra hereby dissolves the Board and appoints Shri S.Section Hate; Deputy Secretary to the Government of Maharashtra, Urban Development, Public Health and Housing Department, to be the person to exercise and perform all the powers and duties of the Board, for a period of two years, from the date of publication of this notification in the Official Gazette.G. N., U. D., P. H. D., No. BHP-1059(d)-Unification, dated 26th October, 1961 (M.G., Part IV-B, pages 1019) - In exercise of the powers conferred by sub-section (3) of section 38 of file Bombay Homoeopathic and Biochemic Practitioners' Act, 1959 (Bombay XII of 1960), the Government of Maharashtra hereby specifies-
(a)the Bombay Homoeopathic Court of Examiners' Rules, 1952 (excluding rules 3, 4, 5, 14 and 15),
(b)the Bombay Homoeopathic Rules, 1956 [excluding rules 3 to 14 (both inclusive) and rules 30 and 31], and
(c)regulations made under sub-section (1) of section 38 of the Bombay Homoeopathic Act, 1951 (Bombay XLVIII of 1951) and published in Government Notification, Local Self-Government and Public Health Department, No. BHP. 1157-H, dated the 8th December 1958 (excluding regulations 9 and 10 thereof), for the purposes of sub-section (3) of the said section 38.