Homoeopathy Act, No. 7 of 1970
The Homoeopathy Act, No. 7 of 1970 was enacted to provide for the registration and regulation of homoeopathic practitioners in Sri Lanka. It established the Homoeopathic Council as a body corporate, created a registration framework with a grandfather clause for existing practitioners, and set up a dedicated Homoeopathic Fund.
This Act was repealed in its entirety by Section 50 of the Homoeopathy Act, No. 10 of 2016. The 1970 Act was never amended during its 46-year lifespan — it was replaced wholesale by the 2016 Act, which established a new Homoeopathic Council under modernized governance provisions. All information below describes the repealed framework.
Full text: Homoeopathy Act No. 7 of 1970 (HTML — Lanka Law) | Replacement: Homoeopathy Act No. 10 of 2016 (PDF — documents.gov.lk) | ~50 sections. No amendments. Repealed 2016.
Act Structure
| Sections | Topic | Summary |
|---|---|---|
| S.2-26 | Homoeopathic Council | Establishes the Council as a body corporate; composition, powers, meetings, staff |
| S.22-23 | Examinations & Diplomas | Council may conduct qualifying examinations and grant diplomas |
| S.27-34 | Registration of Practitioners | Registration requirements, qualifications, register maintenance, grandfather clause |
| S.35-37 | Discipline & Privileges | Exclusive privileges for registered practitioners (S.35); disciplinary inquiries, removal from register |
| S.39 | Homoeopathic Fund | Dedicated fund: registration fees, fines, government grants |
| S.40+ | General Provisions | Offences, penalties, regulations, interpretation |
Key Sections
| Section | Topic | Summary |
|---|---|---|
| 2 | Council established | Creates the Homoeopathic Council as a body corporate with perpetual succession |
| 3-4 | Composition | Council membership and chairperson |
| 22-23 | Examinations | Council may conduct examinations and grant diplomas for homoeopathic practice |
| 27 | Registration | Qualifications required for registration as a homoeopathic practitioner |
| 29 | Grandfather clause | Practitioners practising before the Act's commencement eligible for registration |
| 35 | Exclusive privileges | Only registered practitioners may practise homoeopathy and use the title |
| 37 | Disciplinary control | Council may remove practitioners from register after inquiry |
| 39 | Homoeopathic Fund | Dedicated fund for the Council's operations |
Statutory Bodies
Homoeopathic Council (S.2-26)
Established by Section 2 as a body corporate with perpetual succession and a common seal. The Council was the sole statutory body under the Act, responsible for all regulatory functions related to homoeopathic practice.
Key functions:
- Registration of homoeopathic practitioners (S.27+)
- Conducting qualifying examinations and granting diplomas (S.22-23)
- Maintaining the register of practitioners (S.27-34)
- Disciplinary inquiries and removal from register (S.35-37)
- Prescribing qualifications for registration
- Administering the Homoeopathic Fund (S.39)
Administrative Collapse: The Council reportedly experienced significant governance difficulties over the decades, eventually becoming defunct. Its functions were managed by interim committees appointed by the Minister, undermining the institutional framework and motivating the decision to replace the entire Act in 2016 rather than simply amending it.
The Homoeopathic Council established under this Act has been superseded by the new Council established under the Homoeopathy Act, No. 10 of 2016. Practitioners registered under the 1970 Act were protected by transitional provisions in the 2016 Act.
Registration Framework
The Act established a registration system for homoeopathic practitioners with three pathways to registration:
| Pathway | Section | Requirement |
|---|---|---|
| Qualifying examination | S.27 | Pass Council examination and hold recognized qualifications |
| Recognized degree | S.27 | Hold a degree from a recognized institution |
| Grandfather clause | S.29 | Practising homoeopathy before the Act commenced |
Exclusive Privileges (S.35)
Section 35 granted registered practitioners exclusive rights:
- Only registered practitioners could practise homoeopathy
- Only registered practitioners could use the title "homoeopathic practitioner" or equivalent
- Practising without registration was an offence under the Act
Disciplinary Provisions (S.35-37)
The Council had power to:
- Conduct disciplinary inquiries into professional misconduct
- Remove practitioners from the register
- Hear appeals from practitioners aggrieved by registration decisions
Homoeopathic Fund (S.39)
Section 39 established a dedicated Homoeopathic Fund to finance the Council's operations. Revenue sources included:
- Registration fees paid by practitioners
- Fines imposed under the Act
- Government grants and donations
- Any other moneys lawfully received by the Council
The Repeal — Act No. 10 of 2016
After 46 years without any amendments, the Homoeopathy Act of 1970 was repealed in its entirety by Section 50 of the Homoeopathy Act, No. 10 of 2016. This is a rare approach in Sri Lankan legislative practice — most acts are amended incrementally rather than replaced wholesale.
Why replacement rather than amendment?
- The original Council had become administratively defunct
- Governance was being managed by interim committees, not the statutory Council
- The 1970 framework was fundamentally outdated after 46 years
- Comprehensive modernization was needed rather than piecemeal fixes
Key changes in the 2016 Act:
| Feature | 1970 Act | 2016 Act |
|---|---|---|
| Council governance | Original provisions; became defunct | Modernized governance structure |
| Registration | Basic framework | Updated requirements and categories |
| Oversight | Limited ministerial oversight | Enhanced accountability provisions |
| Transitional | — | Protects rights of practitioners registered under 1970 Act |
The 1970 Homoeopathy Act's repeal-and-replace pattern contrasts with the Ayurveda Act (No. 31 of 1961), which took the opposite approach — three incremental amendments over 62 years (1969, 1977, 2023) rather than wholesale replacement. Both Acts regulate traditional medicine under the same Ministry, but their legislative evolution diverged significantly.
Amendment Timeline
No amendments. The Act was repealed in its entirety by Act No. 10 of 2016 after 46 years without any amendments.
Entity Relationships & Governance
Governance Hierarchy (1952 Design)
Current Replacement Structure (Post-1989)
Data Confidence
Cross-References
| Related Act | Relationship |
|---|---|
| Ayurveda Act, No. 31 of 1961 | Parallel traditional medicine regulation; the 1970 Homoeopathy Act filled a gap for homoeopathic practice not covered by the Ayurveda Act |
| Homoeopathy Act, No. 10 of 2016 | Replacement Act — repealed the 1970 Act in its entirety under Section 50; established new Homoeopathic Council |
Research Gaps
- Council composition: exact number of members, quorum, and term length require access to the original 1970 Act text (partially accessible via Lanka Law HTML)
- Administrative collapse timeline: exact dates and circumstances of the Council becoming defunct are not publicly documented — available only through ministerial records
- Practitioner statistics: number of practitioners registered under the 1970 Act at the time of repeal is not confirmed
- Homoeopathic Fund: financial records and accounts of the Fund are not publicly accessible
- 1980 Regulations: gazette reference for subsidiary regulations made under the Act is not confirmed
- 2016 transitional provisions: full details of how practitioners were transferred to the new register require the complete text of the 2016 Act
- Data confidence: legislative framework is rated "medium" (limited access to original Act), historical details are rated "low" (administrative history not publicly documented), current operational status is rated "high" (repeal is confirmed)