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The Bangladesh Homoeopathic Practitioners Ordinance, 1983

( Ordinance NO. XLI OF 1983 )

এই আইন বাংলাদেশ হোমিওপ্যাথিক চিকিৎসা শিক্ষা আইন, ২০২৩ (২০২৩ সনের ৬৩ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter II

CONSTITUTION AND FUNCTIONS OF THE BOARD

Composition of the Board
4. (1) The Board shall consist of-
 
 
 
 
(a) a Chairman to be nominated by the Government;
 
 
 
 
(b) one member from each administrative division to be elected by the teachers of recognised teaching institutions of Homoeopathy of the division concerned from amongst themselves;
 
 
 
 
(c) one member from each administrative division to be nominated by the Government from amongst the registered practitioners of Homoeopathy and listed Homoeopaths;
 
 
 
 
(d) two women members to be nominated by the Government.
 
 
 
 
(2) The members under sub section (1)(b) shall be elected in such manner as may be prescribed by rules.
 
 
 
 
(3) Notwithstanding anything contained in sub section (1), for the purpose of constituting the Board for the first time, the members required to be elected under sub section (1)(b) shall be nominated by the Government.
Terms of office of Chairman and members
5. (1) The Chairman and a member of the Board shall, subject to other provisions of this Ordinance and the rules made thereunder, hold office for a term of three years from the date of his election or nomination as Chairman or member, as the case may be, or until his successor shall have been duly elected or nominated, whichever period is longer.
 
 
 
 
(2) A member elected under section 4(1)(b) shall be deemed to have vacated his seat if he ceases to be teacher of any teaching institution of Homoeopathy.
 
 
 
 
(3) A casual vacancy in the Board shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
 
 
 
 
(4) Where the said term of three years is about to expire in respect of any member or members, a successor or successors may be elected or nominated, as the case may be, at any time within three months before the said term expires but the member or members so elected or nominated shall not assume office until the said term has expired.
Publication of names, etc.
6. The Government shall publish in the official Gazette the names of the Chairman and the members of the Board together with the dates on which such members are elected or nominated.
Vacancies not to invalidate proceedings of the Board
7. No act or proceedings of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of the Board.
Resignation from membership
8. The Chairman may resign his office by letter addressed to the Government and a member may resign his office by letter addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Government or the Chairman, as the case may be.
Power of Government to nominate members in certain circumstances
9. If the electors referred to in section 4(1)(b) fail to elect a member within the prescribed period, the Government shall fill up the office of such member by nomination of a person qualified to be elected by such electors; and any person so nominated by the Government shall be deemed to have been duly elected by such electors.
Declaration of vacancies
10. If any member-
 
 
 
 
(a) dies; or
 
 
 
 
(b) absents himself, without such reasons as may in the opinion of the Board be sufficient, from three consecutive ordinary meetings of the Board; or
 
 
 
 
(c) becomes subject to any of the disqualifications mentioned in section 11;
 
 
 
 
the Board shall declare his office vacant.
Disqualification of members
11. No person shall be a member of the Board, if-
 
 
 
 
(a) he is not a citizen of Bangladesh;
 
 
 
 
(b) he is an undischarged insolvent;
 
 
 
 
(c) he has been adjudicated by a competent Court to be of unsound mind;
 
 
(d) he has at any time been convicted of an offence which in the opinion of the Government involves moral turpitude;
 
 
 
 
(e) he has been dismissed from the service of the Government or a local authority on a charge of gross misconduct or an offence involving moral turpitude; or
 
 
 
 
(f) he is less than 25 years of age.
Control over the Board
12. If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Board is not in conformity with the provisions of this Ordinance or is in any way against public interest, the Government may, by order,-
 
 
 
 
(a) quash the proceedings;
 
 
 
 
(b) suspend the execution of any resolution passed or order made by the Board;
 
 
 
 
(c) prohibit the doing of anything proposed to be done; or
 
 
 
 
(d) require the Board to take such action as may be specified.
Functions of the Board
13. The following shall be the functions of the Board, namely:-
 
 
 
 
(a) to consider applications for recognition under this Ordinance made by institutions imparting or desiring to impart instruction in Homoeopathy;
 
 
 
 
(b) to ensure the maintenance of an adequate standard of efficiency in recognised institutions;
 
 
 
 
(c) to appoint committees and sub-committees for carrying out the purposes of this Ordinance;
 
 
 
 
(d) to regulate academic and teaching standard of Homoeopathy and to upgrade the professional practice thereof;
 
 
 
 
(e) to hold seminars and arrange for refresher courses on Homoeopathy;
 
 
 
 
(f) to arrange, from time to time, for short courses of study for upgrading the standard of the registered Homoeopaths and to grant certificates to those attending the courses on passing the examinations;
 
 
(g) to hold examinations and confer certificates, diplomas and degrees in Homoeopathic medicine and surgery;
 
 
 
 
(h) to make arrangement for the registration of duly qualified persons in accordance with the provisions of this Ordinance;
 
 
 
 
(i) to provide for research in Homoeopathy;
 
 
 
 
(j) to arrange for the writing of text-books on Homoeopathy;
 
 
 
 
(k) to publish journals, bulletins and other literatures on Homoeopathy;
 
 
 
 
(l) to grant scholarships, stipends, prizes and medals to meritorious and deserving students of recognised institutions and to arrange research or special study on Homoeopathy by students of recognised institutions in Bangladesh or abroad;
 
 
 
 
(m) to supervise the arrangements made by the recognised institutions in respect of residence, health and general welfare of their students;
 
 
 
 
(n) to establish, manage and control Homoeopathic colleges, hospitals and charitable dispensaries and sanction grants to charitable Homoeopathic dispensaries;
 
 
 
 
(o) to establish and manage a Homoeopathic medical store for supplying medicines and other accessories to the Homoeopathic hospitals and dispensaries attached to the recognised Homoeopathic medical colleges and to Homoeopathic hospital and dispensaries established and managed by it or on private initiative;
 
 
 
 
(p) to prepare Bangladesh Homoeopathic Pharmacopoeia on the basis of principles of Homoeopathy;
 
 
 
 
(q) to do such other acts and things as it may be empowered or required to do by this Ordinance or the rules made thereunder.
Meetings of the Board
14. (1) The Board shall meet at such time and place, and every meeting of the Board shall be summoned in such manner, as may be prescribed by regulations:
 
 
Provided that, until such regulations are made, the Chairman may, by notice addressed to each member, summon a meeting of the Board at such time and place as he may deem expedient.
 
 
 
 
(2) The Chairman shall preside at every meeting of the Board, and in his absence, the members present shall elect a member from amongst themselves to preside.
 
 
 
 
(3) Except as hereinafter provided, all questions at a meeting of the Board shall be decided by majority of the votes of the members present.
 
 
 
 
(4) At a meeting of the Board four members shall form a quorum.
 
 
 
 
(5) At every meeting of the Board, the Chairman for the time being shall, in addition to his vote as a member of the Board, have a second or casting vote in case of an equality of votes.
Officers of the Board and their terms and conditions of service
15. (1) The Board shall, with the previous approval in writing of the Government, appoint a Registrar on such terms and conditions as may be prescribed by rules.
 
 
 
 
(2) If the office of the Registrar is vacant or if the Registrar is unable to perform functions of his office on account of absence, illness or any other cause, the Board may, with the previous approval of the Government, appoint any officer of the Board to act as Registrar until a new Registrar is appointed or until the Registrar resumes the functions of his office, as the case may be.
 
 
 
 
(3) The Board may appoint such other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed by regulations.
 
 
 
 
(4) The Registrar shall be the Secretary to the Board and shall exercise such powers and perform such duties as may be prescribed by regulations.
 
 
(5) The Registrar may, in the event of an urgency, appoint for the efficient performance of the functions of the Board, such employees as he considers necessary on the terms and conditions prescribed by regulations:
 
 
 
 
Provided that every appointment under this sub-section shall be reported to the Board forthwith and no such appointment shall continue beyond six months unless approved by the Board.
 
 

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Ministry of Law, Justice and Parliamentary Affairs