Section 35 of The National Commission for Homoeopathy Act, 2020.
- (1)The medical qualifications in Homoeopathy at undergraduate or postgraduate or super-speciality level granted by any University or medical institution in India shall be listed and maintained by the Homoeopathy Education Board, in such manner as may be specified by regulations and such medical qualification shall be a recognised qualification for the purposes of this Act.
- (2)Any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality qualification in Homoeopathy not included in the list maintained by the Homoeopathy Education Board, may apply to that Board for granting recognition to such qualification.
- (3)The Homoeopathy Education Board shall examine the application for grant of recognition within period of six mnths in such manner as may be specified by regulations.
- (4)Where the Homoeopathy Education Board decides to grant recognition to the qualification in Homoeopathy, it shall include such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the concerned University or medical institution.
- (5)The aggrieved University or the medical institution may prefer an appeal to the Commission within a period of sixty days from the date of communication of the decision of Homoeopathy Education Board in such manner as may be specified by regulations.
- (6)The Commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the concerned Board to include such qualification in the list maintained by that Board in such manner as may be specified by regulations.
- (7)Where the Commission decides not to grant recognition under sub-section (6) or fails to decide within the specified period, the aggrieved University or medical institution concerned may prefer a second appeal to the Central Government within a period of thirty days of the communication of such decision or lapse ofspecified period, asthe case may be.
- (8)All medical qualifications which have been recognised before the date of commencement of this Act and are included in the Second Schedule to the Homoeopathy Central Council Act, 1973 (59 of 1973),shall also be listed and maintained by the Homoeopathy Education Board, in such manner as may be specified by regulations.
Summary
- The Homoeopathy Education Board creates and updates a list of recognized homoeopathy degrees granted by universities and medical institutions inside India.
- If a university offers a degree that is not on the list, it can apply to the Board to get it recognized. The Board has six months to evaluate the application and make a decision.
- If the Board rejects the application, the university has sixty days to appeal the decision to the Commission, which then has two months to review it.
- If the Commission also rejects it or takes too long, the university can make a second appeal to the Central Government within thirty days.
- Any degree that was already legally recognized under the older 1973 Act is automatically recognized and added to the new list by the Board.
Practical examples
FAQ
1. How long does the Homoeopathy Education Board have to process a degree recognition application?
The Board must examine the application and decide within a period of six months.
2. What can a college do if the Board refuses to recognize their new degree?
The college can appeal to the higher Commission within sixty days of getting the refusal notice.
3. Are older degrees from before this 2020 Act still valid?
Yes, all qualifications recognized under the old 1973 Act remain recognized and will be maintained on the new list.
Test yourself
Q1.Under Section 35 of The National Commission for Homoeopathy Act, 2020., how long does the Homoeopathy Education Board have to examine an application for the grant of recognition of a qualification?
Q2.Under Section 35 of The National Commission for Homoeopathy Act, 2020., what is the deadline for an aggrieved university to appeal to the Commission after the Board refuses to grant recognition?
Q3.Under Section 35 of The National Commission for Homoeopathy Act, 2020., if the Commission receives an appeal from a university regarding a unrecognized degree, what is the Commission's time limit to examine that appeal?
Q4.Under Section 35 of The National Commission for Homoeopathy Act, 2020., what happens to a university if the Commission decides not to grant recognition after an appeal?