Law:

Section:

Unani, Ayurvedic and Homeopathic Practitioners Act (II of 1965)--- ----Ss. 13 & 28---National Council for Homeopathy---Disqualification of Member of such Council or removal of name of Homeopath Practitioner from register/list---Powers of Council and Federal Government---Scope---Action against Homeopath Practitioner could be taken by such Council, while action against such Member could be taken by Federal Government---Principles. Section 13 Unani Ayurvedic and Homeopathic Practitioners Act, 1965 empowers the Federal Government to take action against a Member of the Council. And section 28 confers jurisdiction on the Council to take action against the Homeopath Practitioner. Under section 13 of the Act at any time it appears to the Federal Government that a Member of the Council has failed to exercise or has exceeded or abused any power conferred upon him as a Member of a Council, the Federal Government after due notice and on being satisfied that such failure, excess or abuse has adversely affected the efficient conduct of such Member in achieving the objectives of this Act, may disqualify such delinquent from membership of the Council or the Committee or Examining Body as the case may be. Whereas under section 28, it is prerogative and domain of the Council to direct removal of the name of the Homeopathic Practitioner from the Register or list of the Homeopath Practitioners, who is (i) either convicted of a cognizable offence or (ii) who after due inquiry, if necessary, has been found guilty of misconduct or in the opinion of the Council offence or misconduct discloses moral turpitude such as to render him unfit for the practice of his profession. JUDGMENT MUSHIR ALAM, C.J.---Petitioner has impugned show-cause notice dated 14-3-2009 issued oft the ground, inter alia; You being Member of the Council got matric arts students enrolled for DHMS course from NCH on the basis of forged matriculation certificates (copy of forged certificates attached). 2. The petitioner was directed to reply to show cause as to why he may not be disqualified from the membership of the National Council for Homoeopathy under the provision of section 13(2) of Unani, Ayurvedic and…

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