West Bengal State Homoeopathic Health Service Act, 2002
No: 10 Dated: Aug, 01 2002
THE WEST BENGAL STATE HOMOEOPATHIC HEALTH SERVICE ACT, 2002
West Bengal Act X of 2002
An Act to provide for the regulation of the recruitment, and conditions of service of persons appointed, to the State Homoeopathic Health Service.
Whereas it is expedient, in the public interest, to regulate the recruitment, and the conditions of service of persons appointed, to the State Homoeopathic Health Service;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the West Bengal State Homoeopathic Health Service Act, 2002.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "cadre" has the same meaning as in clause (a) of section 2 of the West Bengal State Health Service Act, 1990;
(b) "notification" means a notification published in the Official Gazette;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "service" means the State Homoeopathic Health Service;
(e) "State Homoeopathic Health Service" means the West Bengal Homoeopathic Education Service, or the West Bengal Homoeopathic Health Service, as constituted under section 3.
3. Constitution of State Homoeopathic Health Service. - With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the following State Homoeopathic Health Service and different dates may be appointed for different Service, namely :-
(1) the West Bengal Homoeopathic Education Service;
(2) the West Bengal Homoeopathic Health Service.
4. Transfer from one service to another. - (1) No person appointed to the West Bengal Homoeopathic Education Service shall be transferred to the West Bengal Homoeopathic Health Service:
Provided that any person holding a teaching post in the basic level in the West Bengal Homoeopathic Education Service may exercise an option for the West Bengal Homoeopathic Health Service on such terms and conditions as may be prescribed.
(2) No person appointed to the West Bengal Homoeopathic Health Service shall be transferred to the West Bengal Homoeopathic Education Service.
(3) Any person appointed in the administrative job having the minimum qualification as prescribed for the posts of the West Bengal Homoeopathic Health Service shall be included in the said service cadre.
(4) Subject to the foregoing provisions of this section and the rules made thereunder, the State Government shall have the right to transfer any person from one post to another post within the same cadre:
Provided that except on account of inefficiency or misbehaviour or on his written request, no person shall be transferred to a post carrying less pay than the pay of the post held by him for the time being.
5. Combination of appointment. - Subject to the provisions of this Act, the State Government may appoint any person to hold two or more separate posts in the same cadre as and when necessary on such terms and conditions as may be prescribed.
6. Homoeopathic Medical Colleges to be non-practising institutions. - (1) The State Government may, by notification, declare any undergraduate or post-graduate Homoeopathic Medical College or other homoeopathic teaching institution together with the Hospital, if any, attached to such Homoeopathic Medical College or homoeopathic teaching institution to be a non-practising institution with effect from such date as may be specified in the notification.
(2) Upon such declaration, no person, holding any post on terms and conditions for practice in such Homoeopathic Medical College or other homoeopathic teaching institution or the Hospital attached thereto, shall be allowed to hold such post on terms and conditions for practice:
Provided that any person holding a non-teaching post in such Homoeopathic Medical College or other homoeopathic institution or the Hospital attached thereto on terms and conditions for practice may exercise an option for practice or non-practice without any change of post or designation within a period of ninety days from the date of coming into force of this Act or within such extended period as the State Government may by notification specify:
Provided further that any such person who exercises option for non-practice shall be allowed time, not exceeding six months from the date of exercise of such option, for winding up practice:
Provided also that if any such person does not exercise any option or exercises option for practice, he shall, within a period of one year from the date of coming into force of this Act, be transferred to a post in any other Hospital on terms and conditions for practice.
7. Cadre of West Bengal Homoeopathic Education Service. - The cadre of the West Bengal Homoeopathic Education Service shall consist of such teaching posts on such pattern and on such terms and conditions as may be prescribed following the guidelines of the Central Council of Homoeopathy as contained in [the Homoeopathy Central Council (Minimum Standards Requirement of Homoeopathic Colleges and Attached Hospitals) Regulations, 2013] and shall include such teaching administrative posts as may be notified by the State Government in this behalf:
Provided that such terms and conditions may include the condition of management and supervision of admission to beds, and treatment, of patients in such undergraduate or post-graduate Homoeopathic Medical College or other homoeopathic teaching institution together with the Hospital, if any, attached to such Homoeopathic Medical College or institution by such persons appointed to the West Bengal Homoeopathic Education Service or appointed on such terms and conditions as the State Government may determine, excluding all other persons appointed to the West Bengal Homoeopathic health Service:
Provided further that notwithstanding anything contained elsewhere in this Act, any person holding a teaching administrative post included in the cadre of the West Bengal homoeopathic Education Service shall be deemed to be a person holding a teaching post in the West Bengal Homoeopathic Education Service.
8. Cadre of West Bengal Homoeopathic Health Service. - The cadre of the West Bengal Homoeopathic Health Service shall consist of such nonteaching posts as may be prescribed.
9. Posts in cadre of West Bengal Homoeopathic Education Service to be non-practising. - (1) The posts included in the cadre of the West Bengal Homoeopathic Education Service shall be non-practising.
(2) Any person appointed to a post included in the cadre of the West Bengal Homoeopathic Education Service may be granted such non-practising allowance as may be prescribed.
10. Persons appointed in West Bengal General Service as Homoeopathic Medical Officers be included in the West Bengal Homoeopathic Health Service. - Any person of the West Bengal General Service appointed to the post of Homoeopathic Medical Officer, including those who are in Administrative posts, other than a post included in the cadre of the West Bengal Homoeopathic Education Service shall be included in the cadre of the West Bengal Homoeopathic Health Service.