Section 54 of The National Commission for Homoeopathy Act, 2020.
- (1)The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2)In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council under clause (b) of sub-section (4) of section 4;
- (b)the manner of appointing members under clause (c) of sub-section (4) of section 4;
- (c)the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5;
- (d)the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and Members under sub-section (4) of section 6;
- (e)the form and the manner of making declaration under sub-section (6) of section 6;
- (f)the qualifications and experience to be possessed by Secretary under sub-section (2) of section 8;
- (g)the salaries and allowances payable to, and other terms and conditions of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8;
- (h)the other powers to be exercised and other functions to be performed by the Commission under clause (j) of sub-section (1) of section 10;
- (i)the salary and allowances payable to, and other terms and conditions of service of, the President and Members of an Autonomous Board under sub-section (2) of section 21;
- (j)the other factors under clause (d) of section 30;
- (k)the manner of submitting list of practitioners under the first proviso to sub-section (1) of section 34;
- (l)the form for preparing annualstatement of accounts undersub-section (1) of section 41;
- (m)the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 42;
- (n)the form and the time for preparing annual report under sub-section (2) of section 42;
- (o)the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 58;
- (p)any other matter in respect of which provision is to be made by rules.
Summary
- The Central Government has the authority to make detailed rules to help carry out the goals of the Act.
- These rules must be officially announced by publishing them in a document called the Official Gazette.
- The rules govern specific details like how certain part-time members and experts are appointed to the Commission and its committees.
- The rules also dictate the salaries, allowances, and working conditions for the Chairperson, Members, the Secretary, and other employees.
- The rules determine the forms and timelines for various official reports, financial accounts, and declarations required by the Act.
Practical examples
FAQ
1. Who creates the rules under this section?
The Central Government makes the rules.
2. How does the public find out about these new rules?
The rules are published through a notification in the Official Gazette.
3. Do these rules cover how much the Commission members get paid?
Yes, the rules dictate the salary and allowances for the Chairperson, Members, and staff.
4. Do these rules change the length of a member's term?
No, the rules manage the conditions of service, but they must follow the hard limits (like the maximum four-year term) already set in the Act itself.
Test yourself
Q1.Under Section 54 of The National Commission for Homoeopathy Act, 2020., how are the rules made by the Central Government officially communicated?
Q2.Under Section 54 of The National Commission for Homoeopathy Act, 2020., the Central Government makes rules on how to appoint ten part-time Members. According to Section 4 (which establishes the composition of the Commission), where must these ten Members be selected from before these rules can govern their appointment?
Q3.Under Section 54 of The National Commission for Homoeopathy Act, 2020., the Central Government can make rules detailing the salary and terms of service of the Commission's Chairperson. However, according to Section 6, what fundamental condition of service cannot be altered by these new rules because it is already hardcoded into the Act?
Q4.Under Section 54 of The National Commission for Homoeopathy Act, 2020., rules dictate the manner of nominating one expert to the Search Committee. According to Section 5 (which creates the Search Committee), what group is this specific expert nominated from?