Section 59 of The National Commission for Homoeopathy Act, 2020.
- (1)The Commission shall be the successor in interest to the Central Council of Homoeopathy including its subsidiaries or owned trusts and all the assets and liabilities of the Central Council of Homoeopathy shall be deemed to have been transferred to the Commission.
- (2)Notwithstanding the repeal of the Homoeopathy Central Council Act 1973, the educational and medical standards, requirements and other provisions of the Homoeopathy Central Council Act, 1973 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder: Provided that anything done or any action taken as regards the educational and medical standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this Act.
- (3)The Central Government may take such measures, as may be necessary, for the smooth transition of the dissolved Central Council of Homoeopathy to the corresponding to new Commission under this Act.
Summary
- The new National Commission for Homoeopathy takes over all the property, assets, and debts of the old Central Council of Homoeopathy.
- All the medical and educational standards from the old 1973 Act remain active and enforceable.
- These old standards will keep running until the new Commission creates and publishes new, updated standards.
- Actions taken under the old rules are legally treated as if they were taken under the new Act.
- The Central Government is allowed to take any necessary steps to ensure a smooth transition between the old Council and the new Commission.
Practical examples
FAQ
1. Who takes ownership of the old Central Council's property?
The new Commission is the successor in interest and takes over all assets and liabilities.
2. If the old Council approved a standard, does the new Commission recognize it?
Yes, anything done under the old standards is deemed to have been done under the corresponding provision of the new Act.
3. Who handles the actual changeover process?
The Central Government may take necessary measures for the smooth transition of the dissolved Council to the new Commission.
Test yourself
Q1.Under Section 59 of The National Commission for Homoeopathy Act, 2020., what happens to the assets and liabilities of the dissolved Central Council of Homoeopathy?
Q2.Under Section 59 of The National Commission for Homoeopathy Act, 2020., how long do the educational standards from the repealed 1973 Act remain in legal effect?
Q3.Under Section 59 of The National Commission for Homoeopathy Act, 2020., who has the formal authority to take measures necessary for the smooth transition to the new Commission?
Q4.Under Section 59 of The National Commission for Homoeopathy Act, 2020., if an official action regarding medical requirements was previously taken under the repealed 1973 Act, how is it legally treated now?