TAMIL
NADU SIDDHA SYSTEM OF MEDICINE (DEVELOPMENT AND REGISTRATION OF PRACTITIONERS)
ACT, 1997 THE TAMIL NADU SIDDHA
SYSTEM OF MEDICINE (DEVELOPMENT AND REGISTRATION OF PRACTITIONERS) ACT, 1997 [Act No. 34 of 1997] [10th May,
1997] An Act to provide for
the development of the Siddha system of medicine and of the registration of
practitioners of Siddha medicine in the State of Tamil Nadu and for matters
connected therewith and incidental thereto. BE
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-eighth Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Siddha System
of Medicine (Development and Registration of Practitioners) Act 1997. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the
Government may, by notification, appoint and different dates may be appointed
for different provisions of this Act. Notes.--There
will be no difficulty in holding that the State Legislature enacting the Tamil
Nadu Siddha System of Medicine (Development and Registration of Practitioners)
Act for the purpose of providing development of Siddha System of medicine and
regulating the practitioners of Siddha medicine in the State of Tamil Nadu and
for establishing the Tamil Nadu Siddha Medical Council including providing for
a State Register containing the names of siddha practitioners as valid.
However, the Court declared that sections 2(15), 3(1), 3(2), 13(1), 18(1)(a),
19(2), 25(1), 25(2), 26(1), 27 and 34 of the Tamil Nadu Siddha Medicine
(Development and Registration of Practitioners) Act, 1947 are unconstitutional
and ultra vires of the Indian Medicine Central Council Act, 1970 (Central Act
48 of 1970). In respect of the provisions which are held to be
unconstitutional, the Central Act 48 of 1970 will have to be followed by the
State Government. In other respects, the Tamil Nadu Siddha Act is valid and
constitutional. [Indian Siddha Medical Association v. Tamil Nadu Siddha Medical
Council, 2009 (2) LW 31 (SN): 2009 Writ LR 359] In
this Act, unless the context otherwise requires,-- (1) "commencement of this Act", in relation
to any provision of this Act, means the date of the coming into force of that
provision; (2) "Council" means the Tamil Nadu Siddha
Medical Council established under section 4; (3) "Government" means the State Government; (4) "hospital", "asylum",
"infirmary", "dispensary", "lying-in-hospital" or
"sanatorium" means an institution where the methods of treatment is
carried on in Siddha medicine and which are approved by the Council; (5) "member" means a member of the Council
and includes the President; (6) "modern medicine" means modern scientific
medicine commonly known as allopathic medicine in all its branches and includes
surgery and obstetrics, but does not include veterinary medicine and surgery; (7) "practitioner" means any person engaged
in the practice of Siddha medicine; (8) "President" means the President of the
Council nominated under sub-section (1) of section 6; (9) "register" means the register of
practitioners maintained under sub-section (1) of section 19; (10) ?"registered
practitioner" means a practitioner whose name is for the time being
entered in the register; (11) ?"Registrar" means the Registrar of
the Council appointed under sub-section (1) of section 15; (12) "regulations" means the regulations made
by the Council under this Act; (13) ?"rules" means the rules made by the
Government under this Act; (14) "Schedule" means the Schedule of this
Act; (15) ?"Siddha
medicine institution" means any college or institution providing courses
or study or training in Siddha system of medicine for admission to the
examinations for degrees, diplomas, titles or certificates specified in the
Schedule; (16) ?"Siddha
medicine" means the system of medicine founded by Saddlers; (17) "University" means any University in
India established by law and having a faculty of Siddha medicine. (1) No person shall establish any Siddha medical
institution except with the prior approval of the Council and the Government: Provided
that the approval of the Government under this subsection shall be given only
after the Council has given its approval. (2) ?Nothing
contained in sub-section (1) shall apply to the Siddha medical institution
established by the Government. (3) (a) Every application for
approval of the Council under subsection (1) shall be made in such form, with
such particulars and in such manner as may be prescribed in the regulations. (b) Every application for approval of the
Government under sub-section (1) shall be made in such form, with such
particulars and in such manner as may be prescribed. (4) Notwithstanding anything contained in sub-section
(1), any Siddha medical institution established before the date of commencement
of this Act and is in existence on the date of such commencement shall be
deemed to have been approved by the Council and by the Government under this
section. (1) The Government shall, by notification, establish
for the State of Tamil Nadu a Council called the Tamil Nadu Siddha Medical
Council. (2) The Council shall be a body corporate, shall have
perpetual succession and a common seal, shall have power to acquire, hold and
dispose of property (both movable and immovable) and to contract and shall sue
and be sued by the said name. (1) The Council shall consist of the following members,
namely:-- (a) the Secretary to Government in-charge of Health and
Family Welfare, ex-officio; (b) the Director of Indian Medicine and Homeopathy,
ex-officio; (c) the Heads of the Government Siddha Medical College,
ex-officio; (d) the Head of the Central Research Institute
(Siddha), Chennai, ex -officio;' (e) one member elected from among themselves by the
registered practitioners who possess any of the qualification specified in Part
I of the Schedule; (f) ?two members
elected from among themselves by the registered practitioners who possess any
of the qualifications specified in Part II of the Schedule; (g) ( four members elected from among themselves by the
registered practitioners who possess any of the qualification specified in Part
III of the Schedule; (h) ?six members
elected from among themselves by the registered practitioners who possess the
qualification specified in Part IV of the Schedule; (i) ?one member
from among themselves by the registered practitioners who possess the
qualification specified in Part V of the Schedule; (j) ?one member
elected from among themselves by the teaching staff of the Siddha Medical
Institution who are registered practitioners; (k) ?three
members nominated by the Government from among the registered practitioners;
and (1) one member nominated by the Government from among
the eminent Tamil scholars who have rendered service for the development of
Siddha system of medicine. (2) Save as otherwise provided in this Act, the term of
office of the elected and nominated members shall be five years from the date
of his election or nomination, as the case may be, and shall be eligible for
re-election or renomination. (3) If for any reason, the Secretary to Government
in-charge of Health and Family Welfare or the Director of Indian Medicine and
Homeopathy, is unable to attend any meeting of the Council, he may depute any
officer of his department not lower in rank than that of Deputy Secretary to
Government or, as the case may be, Medical Officer to attend such meeting. The
officer so deputed shall have the right to take part in the proceedings of the
Council and shall have the right to vote. (1) There shall be a President for the Council who
shall be nominated by the Government from among the members of the Council. (2) The President shall hold office so long as he
continues to be a member of the Council. (3) The President shall exercise such powers and
perform such duties as may be prescribed. Notwithstanding
anything contained in this Chapter, the Government shall constitute the first
Council by nominating its members including the President and the Council so
constituted shall hold office for such period not exceeding one year from the
date of its constitution as may be specified by the Government: Provided
that the first Council constituted under this section shall cease to function
as soon as a Council is constituted in accordance with the provisions of this
Act and the rules. No
person shall be eligible for being elected or nominated as a member, if he-- (1) is not ordinarily a resident in the State of Tamil Nadu; (2) is not a registered practitioner, except in the
case falling under clause (1) of sub-section (1) of section 5; (3) is an applicant to be adjudicated as an insolvent
or is an undischarged insolvent; (4) is of unsound mind and stands so declared by a competent
Court; (5) ?has been
sentenced by a criminal Court to imprisonment for any offence involving moral
turpitude; (6) is a paid employee of the Council; or (7) has not completed twenty-five years of age. A
member shall be deemed to have vacated his office-- (1) on sending his resignation in writing to the
President; (2) on his absence, without excuse sufficient in the
opinion of the Council, from three consecutive meetings of the Council; (3) on his ceasing to ordinarily reside in the State of
Tamil Nadu for twelve consecutive months; (4) on removal of his name from the register; (5) on his applying to be adjudicated, or on his being
adjudicated, as an insolvent; (6) on his being declared to be of unsound mind by a
competent Court; (7) on expiry of the term of office mentioned in
sub-section (2) of section 5; (8) on his being sentenced by a criminal Court to
imprisonment for any offence involving moral turpitude; or (9) on his becoming a paid employee of the Council. (1) The Government may, by order in writing, remove any
member if, in the opinion of the Government, such member is guilty of gross
misconduct in any respect, professional or otherwise, which renders him unfit
to be a member. (2) No member shall be removed under sub-section (1)
without being given an opportunity of making his representation. A copy of the
order removing him shall be communicated to him. (1) Any casual vacancy in the office of an elected or a
nominated member shall be filled up by election or nomination, as the case may
be, in accordance with the provisions of section 5: Provided
that no casual vacancy in the office of an elected member occurring within six
months before the date of the expiry of the term of office of the member shall
be filled except with the previous sanction of the Government: Provided
further that any casual vacancy in the office of a nominated member occurring
within six months before the date of the expiry of the office of the member
may, if the Government deem fit, be kept unfilled. (2) A member filling a casual vacancy shall hold so
long as the member in whose place he is elected or nominated would have been
entitled to hold office if the vacancy had not occurred. (1) There shall be an Executive Committee of the
Council consisting of? (a) the President, ex-officio; and (b) four members elected from among themselves by the
members of the council at the first meeting of the Council, in the manner
prescribed. (2) ?Every member
of the Executive Committee shall hold office so along as he continuous to be a
member of the Council. (3) ?Any casual
vacancy in the office of a member of the Executive Committee shall be filled up
by the Council by electing a member of the Council and the member so elected in
the casual vacancy shall hold office for the residue of the term for which the
person in whose place he is elected would have been a member of the Executive
Committee. (4) ?The Council
may, in accordance with the rules and with the previous sanction of the
Government, delegate any of its powers or functions to the Executive Committee. (1) The Council may,-- (a) establish Siddha medical institution with the
approval of the Government; (b) give approval to establish Siddha medical
institution and to withdraw such approval with the previous approval of the Government; (c) grant aid to Siddha medical institution; (d) direct the governing body or the authority
in-charge of any Siddha medical institution, the establishment of which has
been approved by the Council, to furnish within such period as may be specified
in such direction, such reports, returns or other information as the Council
may required to judge the efficiency of such institution; (e) inspect Siddha medical institution and also
hospitals, dispensaries, asylum, infirmary, lying-in-hospital and sanatorium; (f) recommend to Government the opening of new
hospitals and dispensaries; (g) prescribe and publish text books for the courses
provided by the Siddha medical institution; (h) evolve norms for standardization of Siddha
medicine; (i) make regulations for the manufacture and sale of
Siddha medicine; (j) ?unearth
various Siddha medicine and formulations kept secret by hereditary
practitioners and popularize them; (k) ?formulate
the aims and patterns of research on scientific lines in Siddha medicine; (l) undertake any research or research oriented
programme; (m) ?propagate
the research activities and their results in Siddha medicine both at national
and international levels; (n) ?procure rare
and esoteric dudgeon leaf literature, old manuscripts and rare printed books in
Siddha medicine and undertake their publications and documentation; (o) ?make
regulations for the conduct of its meetings; (p) ?suggest new
courses of study and to make regulations for such courses; (q) receive grants, donations, gifts and endowments; (r) incur such expenditure, adopt such measures and do
such acts as may be necessary for the furtherance of the powers and functions
mentioned in this section; (s) ?prescribe by
regulations the standards of professional conduct and etiquettes and code of
ethics to be observed by a registered practitioner; and (t) promote activities and research in the development
of medicinal herbs and minerals. (2) The Council shall perform such other functions as
the Government may direct for carrying out the purposes of this Act. (1) The Council and the Executive Committee shall meet
at such time and place, and every meeting of the Council or the Executive
Committee shall be summoned by such person and in such manner as may be
prescribed by the regulations: Provided
that until such regulations are made, it shall be lawful for the President to
summon a meeting of the Council or the Executive Committee at such time and
place as he may deem expedient by letter addressed to each member of the
Council or of the Executive Committee. (2) ?All
questions at any meeting of the Council or the Executive Committee shall be
decided by a majority of the members present and voting and in the case of
equality of votes, the President or the member presiding shall have and
exercise a second or casting vote: Provided
that in the case of equality of votes at an election, the choice shall be by
casting lots. (3) The members of the Council and the members of the
Executive Committee shall be paid such daily and traveling allowances as may be
prescribed. (1) ?(a) The
Council shall appoint a Registrar who shall be,-- (i) the Secretary to the Council; (ii) the Treasurer to the Council unless the Council
appoints another person as Treasurer; and (iii) the Secretary to the Executive Committee. (b) The Council may, at any time, remove the
Registrar from office by a resolution passed at a special meeting convened for
the purpose and by a majority of not less than two-thirds of the members
present and voting: Provided
that before taking any action under clause (a) or his removal from office under
clause (b) shall be subject to the approval of the Government and shall not
take effect until such approval has been given. (c) The appointment of Registrar under clause (a)
or his removal from office under clause (b) shall be subject to the approval of
the Government and shall not take effect until such approval has been given. (2) ?When any
temporary vacancy occurs in the office of the Registrar or if the Registrar is,
by reason of absence, illness or for any other reason, unable to exercise the
powers and perform the duties of his office, his powers and duties shall be
exercised and performed by such person and in such manner and for such period,
not exceeding three months, as the President may direct. (3) ?The Council
may also appoint such other officers and servants as it may deem necessary for
the performance of its function under this Act. (4) The remuneration and other conditions of service of
the Registrar and other officers and servants of the Council shall be such as
may be specified by regulations. (5) ?All officers
and servants of the Council including the Registrar appointed under this
section shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code (Central Act XLV of 1860). If,
at any time, it appears to the Government that the Council has neglected to
exercise or has exceeded or abused any power conferred upon it by or under this
Act or has neglected to perform any duty imposed upon it by or under this Act,
they may notify the particulars of such neglect, excess or abuse to the Council
and issue such directions as may be specified in this behalf. If the Council
fails to rectify such neglect, excess or abuse within the time specified, the
Government may, for the purpose of rectifying such neglect, excess or abuse,
cause any of the powers and duties of the Council to be exercised and performed
by such person or authority for such period as the Government may deem fit. (1) Notwithstanding anything contained in section 16,
the Government may appoint a Special Officer, who is, or has been, or is
qualified to be appointed as a District Judge, to inquire any neglect, excess
or abuse referred to in section 16 and refer to him the particulars of such
neglect, excess or abuse for inquiry. The Special Officer shall conduct the
inquiry in a summary manner and report to the Government as to the truth of the
particulars referred to him and in case of any such neglect, excess or abuse
being found by the Special Officer to have been established, the Special
Officer shall recommend the remedial measures which are in his opinion
necessary. (2) The Government may direct the Council to carry out
the remedial measures recommended by the Special Officer within such time as
may be specified in the direction. If the Council fails to comply with any such
direction, the Government may pass such orders to take such action as they deem
necessary to give effect to the recommendation of the Special Officer. (3) The Special Officer shall have power to administer
oaths and to enforce the attendance to witnesses and the production of
documents and such other powers as are necessary for the purpose of any inquiry
to be conducted by him, as are exercised by a Civil Court under the Code of
Civil Procedure, 1908 (Central Act V of 1908). (1) Subject to the other provisions of this Act,-- (a) every person who possess any of the qualifications
specified in the Schedule; or (b) every person who does not possess any of the
qualifications specified in the Schedule, but possess any of the qualifications
recognized by the Council, shall be entitled to have his name entered in the
register maintained under sub-section (1) of section 19. (2) Every application for registration under this Act
shall be sent to the Registrar together with such fee not exceeding two hundred
and fifty rupees as may be prescribing in the rules and with such proof of
qualification for registration as may be prescribed by the Council by
regulations. (3) Notwithstanding anything contained in sub-section
(1), the Council may refuse to register any person who has been convicted of
any offence which, in the opinion of the Council, implies a defect of character
disentitling him to be registered or who, after an inquiry at which opportunity
has been given to him to be heard in person or by pleader, has been held by the
Council to have been guilty of infamous conduct in any professional respect. (4) ?Every
registration under sub-section (1) shall be in force for a period of five years
and may, subject to the provisions of subsection (5), be renewed for a period
of five years at a time. (5) Every application for renewal of registration under
subsection (4) shall be made within such time and with such fee, not exceeding
twenty-five rupees, as may be prescribed and the provisions of this Act shall,
as far as may be, apply in relation to the renewal of a registration as they
apply in relation to registration. (1) There shall be maintained a register in separate
Parts for each of the following Classes of practitioners, namely:-- (i) practitioners who possess any of the qualifications
specified in Part I of the Schedule and registered under this Act; (ii) practitioners who possess any of the qualifications
specified in Part II of the Schedule and registered under this Act; (iii) practitioners who possess any of the qualification
specified in Part III of the Schedule and registered under this Act; (iv) practitioners who possess the qualification
specified in Part IV of the Schedule and registered under this Act; (v) practitioners who posses, the qualification
specified in Part V of the Schedule and registered under this Act; and (vi) practitioners who possess any of the qualifications
specified in Part VI of the Schedule and registered under this Act. (2) The register maintained under sub-section (1) shall
be in such form and shall contain such particulars as may be prescribed. (3) The Register shall keep and maintain the register referred
to in sub-section (1) in accordance with the provisions of this Act and the
rules and the order of the Council and to revise the register, from time to
time, and publish it in such manner as may be prescribed. (4) ?The register
maintained under sub-section (1) shall be deemed to be a public document within
the meaning of the Indian Evidence Act, 1872 (Central Act I of 1872). (1) Any registered practitioner may apply to the
Registrar in such manner and with such fee, not exceeding one hundred rupees,
as may be prescribed, for registration under a new name or in respect of any
additional qualification obtained subsequent to the registration under this
Act. (2) Every application under sub-section (1) shall be
considered in such manner as may be prescribed and the entry made in the
register in respect of the applicant shall be amended or, as the case may be,
cancelled and a new entry made in the appropriate Part of the register. (1) Every person whose name has been entered in the
register shall be issued a certificate of registration in such form as may be
prescribed. (2) Where it is shown to the satisfaction of the
Registrar that the certificate of registration issued under sub-section (1) has
been destroyed or mutilated, the Registrar may, on payment of such fee, not
exceeding fifty rupees, as may be prescribed, issue a duplicate certificate
thereof. (1) The Council may, if it is satisfied that any entry
in the register has been made fraudulently or incorrectly, after giving notice
to the person concerned and after hearing his objections, if any, order that
such entry in the register be cancelled or amended, as the case may be. (2) (a) The Council may, after giving the registered
practitioner an opportunity of making his representation, direct the removal,
altogether or for a specified period, from the register, of the name of the
registered practitioner, if? (i) he has been convicted of any offence which implies
in the opinion of the Council a defect of character; or (ii) he has been held by the Council to have been guilty
of infamous conduct in any professional respect; or (iii) he has not renewed his registration under
sub-section (4) of section 18. (b) The Council may, subject to the rules, direct
that any name so removed shall be restored on application from the person
concerned. (3) (a) The Council may, subject to the rules, direct
the deletion from the register of the name of any registered practitioner, if? (i) the registered practitioner is dead: Provided
that the information regarding the death is furnished by such officer, in such
form, and in such manner, as may be prescribed; (ii) the registered practitioner has made an application
for the deletion of his name from the register. (b) Any practitioner whose name has been deleted
from the register under clause (a) (ii) may apply for fresh registration under
sub-section (1) of section 18. (4) Whenever the name of any registered practitioner is
directed to be removed or deleted from the register by the Council, it may
publish or cause to be published the fact of such removal or deletion in such
manner as it deems fit. (1) Any person aggrieved by an order of the Council
under sub-section (3) of section 18 or under section 22 may appeal to the
Government. (2) Every appeal under sub-section (1) shall be
preferred within three months from the date of the receipt of the order
appealed against: Provided
that the Government may allow further time not exceeding three months for
preferring any appeal, if they are satisfied that the appellant had sufficient
cause for not preferring the appeal in time. (3) ?In disposing
of an appeal under this section, the Government may, after giving the appellant
an opportunity of making his representation, pass such order thereon as they
may deem fit. (4) The order of the Government on such appeal shall be
final. (5) The Government may, pending the exercise of their
powers under this section, pass such interlocutory order as they may deem fit. (1) Any inquiry under subsection (3) of section 18 may
be held by the Council or by a Committee consisting of three members of the
Council elected from among its members for the purpose. The Council or the
Committee, as the case may be, may, at its discretion, hold such inquiry
in-camera. When the inquiry is held by a Committee, it shall make a report to
the Council which shall pass orders under sub-section (3) of section 18. (2) For the purpose of any inquiry under section 18,
the Council or the Committee referred to in sub-section (1) shall be deemed to
be a Court within the meaning of the Indian Evidence Act, 1872 (Central Act I
of 1872) and shall exercise all the powers of a Commissioner, appointed under
the Public Servants (Inquiries) Act, 1850 (Central Act 37 of 1850) and such
inquiries shall be conducted, as far as may be, in accordance with the
provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries)
Act, 1850 (Central Act 37 of 1850). Notwithstanding
anything contained in any law for the time being in force-- (1) a certificate required by law to be given by a
medical practitioner shall be valid, if it is signed by any registered
practitioner belonging to such class of registered practitioners as may be
specified by the Government, from time to time, and (2) the expression "legally qualified medical
practitioner" or "duly qualified medical practitioner" or any
word or expression importing reference to a person recognized by law as a
medical practitioner, or as a member of the medical profession, shall, in any
provincial Act as defined in clause (46) of section 3 of the General Clauses
Act 1897 (Central Act I of 1897) or in any State Act as defined in clause (59)
of the said section 3 or in any Central Act in its application to the State of
Tamil Nadu, in so far as any such Act relates to any of the matters specified
in List II or List III in the Seventh Schedule to the Constitution, be deemed
to include a practitioner registered under section 18. (1) Notwithstanding anything contained in any law for
the time being in force,-- (a) no person other than a person registered under
section 18 shall practice Siddha medicine. Explanation.--For
the purpose of this clause,-- (i) (A) a person who holds himself out as being able
to, or who by any advertisement, demonstration, exhibition or teaching offers
or undertakes, by any means or method whatsoever, to diagnose, treat or operate
according to Siddha medicine, or to give Siddha medicine for any ailment,
disease, injury, pain, deformity or physical condition or prescribes Siddha
medicine or other remedy according to Siddha system of medicine shall be deemed
to practise Siddha medicine; (B) "advertisement" includes any word,
letter, notice, circular, picture, illustration, model, sign play board and
board or other document, any announcement made orally or by any means of
producing or transmitting light, sound, smoke or other audible or visible
representation; (ii) a person who-- (A) mechanically fits or sells lenses, artificial eyes,
limbs or other apparatus or appliances; or (B) is engaged in the mechanical examination of eyes
for the purpose of constructing or adjusting spectacles, eye-glasses or lenses;
or (C) practices physiotherapy or electrotherapy or
chiropody or naturopathy or hydropathy or Yogic healing; or (D) does domestic administration of family remedies; or (E) being registered under the Dentists Act, 1948
(Central Act 16 of 1948) limits his practice to the act of dentistry; or (F) being a nurse, midwife, health visitor, or
auxiliary nurse-midwife registered under the Tamil Nadu Nurses and Midwives
Act, 1926 (Tamil Nadu Act II of 1926), or a dhai attending to labour cases,
shall not be deemed to practise Siddha medicine. (b) no person other than a registered practitioner,
unless authorized by the Government in this behalf, shall be entitled to-- (i) ?sign or
authenticate a birth or a death Certificate or a medical or a physical fitness
certificate or any other certificate required by any law to be signed or
authenticated by a duly qualified medical practitioner; (ii) ?give
evidence at any inquest or in any Court of law as an expert under section 45 of
the Indian Evidence Act, 1872 (Central Act I of 1872) on any matter relating to
medicine surgery or midwifery; (c)
except with the special sanction of the Government, no person other than a
registered practitioner shall hold any appointment as physician, surgeon or any
other office (by whatever designation called) in any hospital, asylum,
infirmary, dispensary, lying-in-hospital, sanatorium or other similar
institution dealing with Siddha medicine or with Siddha and modern medicines. (2) Whoever contravenes the provisions of sub-section
(1) shall be punishable with imprisonment for a term which may extend to one
year with fine which may extend to one thousand rupees or with both. (1) No person other than? (a) a University; or (b) an institution established by the Council; or (c) an authority empowered or recognized as competent,
by the Government to confer, grant or issue any degree, diploma, licence,
certificate, or any other like award entitling the holder thereof to practise
Siddha medicine, shall confer, grant or issue or hold himself as entitled to
confer, grant or issue any degree, diploma, licence, certificate or any other
like award which is identical with, or is a colourable imitating of, any
degree, diploma, licence, certificate or award conferred, granted or issued by
a University, an institution or an authority referred to in clauses (a), (b) or
(c) and purports to entitle the holder thereof to practice Siddha medicine. (2) Whoever contravenes the provisions of sub-section
(1) shall be punishable-- (i) ?for the
first offence, with fine which may extend to one thousand rupees; and (ii) ?for the
second or any subsequent offence, with imprisonment for a term which may extend
to six months or with fine which may extend to two thousand rupees or with
both. (1) No person shall add to his name any title,
description, letter or abbreviation which implies that he holds a degree,
diploma, licence or certificate or any other like award as his qualification to
practise Siddha medicine unless? (a) he actually holds such degree, diploma, licence,
certificate or any other like award; and (b) such degree, diploma, licence or certificate or any
other like award? (i) is recognized by any law for the time being in
force in India or in any part thereof; or (ii) has been conferred, granted or issued under
subsection (1) of section 27. (2) Whoever contravenes the provisions of sub-section
(1) shall be punishable-- (i) for the first offence, with fine which may extend
to five hundred rupees; and (ii) for the second or any subsequent offence with,
imprisonment for a term which may extend to six months or with fine which may
extend to one thousand rupees, or with both. Any
person who falsely pretends to be a registered practitioner shall, whether any
person is actually deceived by such pretence or not, be punishable-- (i) for the first offence, with fine which may extend
to three hundred rupees, and (ii) for the second or any subsequent offence, with
imprisonment for a term, which may extend to six months or with fine which may
extend to one thousand rupees, or with both. (1) No Court shall take cognizance of any offence
punishable under this Act except on compliant in writing made by the Registrar
or any officer authorized by him in this behalf. (2) No Court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any offence
punishable under this Act. No
order passed, decision or action taken or direction issued under this Act or
the rules or regulations by the Council or by any committee, officer or servant
thereof or by the Government or by any officer subordinate to them shall
be liable to be called in question in any civil Court. (1) Where an offence against any of the provisions of
this Act or any rule made thereunder has been committed by a company, every
person who, at the time the offence was committed, was in-charge of, and was
responsible to, the company for the conduct of the business of the company as
well as the company shall be deemed to be guilty of the offence and shall be
liable to be preceded against and punished accordingly: Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the commission
of such offence. (2) Notwithstanding anything contained in sub-section
(1), where any such offence has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly. ExplanationFor
the purposes of this section,-- (a) "company" means any body corporate, and
includes, a firm, society or other association of individuals; and (b) "director" in relation to? (i) a firm, means a partner in the firm, (ii) a society or other association of individuals,
means the persons who is entrusted under the rules of the society or other
association, with the management of the affairs of the society or other
association, as the case may be. No
act of the Council or any committee thereof or of any person acting as
President or as member of the Council or of the Committee shall be deemed to be
invalid merely on the ground of-- (a) any vacancy or defect in the constitution of the
Council or of the Committee; (b) the President or any member of the Council or
Committee not being entitled to hold or continue in office by reason of any
disqualification or any defect or irregularity in his election or nomination,
as the case may be; or (c) any defect or irregularity in such act not
affecting the merits of the case. The
Government may, if they are satisfied on the report of the Council or otherwise
that the course of study and examination prescribed by any University or an
institution or authority referred to in sub-section (1) of section 27
conferring, granting or issuing any degree, diploma, licence, certificate or
any other like award-- (1) included in the Schedule are not such as to secure
the possession by persons obtaining such degree, diploma, licence, certificate
or any other like award of the requisite knowledge and skill for the efficient
practise of Siddha medicine, or (2) not included in the Schedule are such as to secure
the possession by the persons aforesaid of such knowledge and skill by
notification direct that such degree, diploma, licence, certificate or any
other like award? (a) in a case falling unde r clause (1), be removed from the Schedule, or (b) in a case falling under clause (2), be included in
the Schedule, and upon the issue of such notification, the Schedule shall be
deemed to have been amended accordingly. (1) The Government may, by notification, make rules to
carry out the purposes of this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for? (a) the form in which, the particulars with which and
the manner in which, an application for the approval of the Government for
establishment of a Siddha medical institution shall be made; (b) the powers and duties of the President; (c) the election and nomination of members including
the President of the Council; (d) the manner in which the members of the Executive
Committee shall be elected; (e) the delegation of powers or functions of the
Council to the Executive Committee; (f) the daily and travelling allowances payable to the
members of the Council and the Executive Committee; (g) the fees for registration under this Act; (h) the time within which an application for renewal of
registration shall be made and the fees therefor; (i) the form of the register to be maintained under
subsection (1) of section 19 and the particulars to be contained therein and
the manner in which the said register shall be published; (j) the fees for registration under a new name or in
respect of any additional qualification obtained subsequent to the registration
under this Act and the manner in which an applicant for such registration shall
be considered; (k) the form in which a certificate of registration
shall be issued and the fees for the issue of duplicate certificate of
registration; (l) all matters expressly required or allowed by this
Act to be prescribed. (3) (a) All rules made under this Act shall, unless
they are expressed to come into force on a particular day, come into force on
the day on which they are published. (b) All notifications issued under this Act shall,
unless they are expressed to come into force on a particular day, come into
force on the day on which they are published. (4) Every rule made under this Act and every
notification issued and under section 34 shall, as soon as possible after it is
made or issued, be placed on the table of the Legislative Assembly and if,
before the expiry of the session in which it is so placed or the next session,
the Assembly makes any modification in any such rule or notification or, the
Assembly decides that the rule or notification should not be made or issued,
the rule or notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification. (1) The Council may, with the previous sanction of the
Government, by notification, make regulations, not inconsistent with the
provisions of this Act and the rules, for enabling it to perform its functions
under this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for? (a) the form in which, the particulars with which and
the manner in which, an application for the approval of the Council for
establishment of a Siddha Medical Institution shall be made; (b) the manufacture and sale of Siddha medicine; (c) the convening of the meetings of the Council and
the Executive Committee and the conduct of business at such meetings; (d) the standards of professional conduct and
etiquettes and the code of ethics to be observed by a practitioner; (e) the remuneration and other conditions of service of
the Registrar and other officers and servants of the Council; (f) the proof of qualification to be sent along with
the application for registration under this Act; (g) any other matter for which provision is to be or
may be made in regulations. Notwithstanding
anything contained in this Act, any person who has registered his name under
the rules for the registration of practitioners of Indian Medicine issued with
G. O. Ms. No. 1868, Health, Indian Medicine, Homeopathy and Family Welfare
Department, dated the 31st October 1990 and practicing Siddha medicine immediately
before the commencement of this Act shall be entitled to continue such practice
for a period of six months, if he has made an application for registration
under this Act within the said period, and until the disposal of the
application by the Council. The
Council may reserve for the decision of the Government any proposal in any
matter which in its opinion is of such importance as to be reserved for such
decision and no action shall be taken by the Council in respect of such
proposal until it is decided by the Government. The
Government may, from time to time, issue such directions, not inconsistent with
the provisions of this Act, as they may consider necessary in regard to the
exercise and performance of the powers and functions of the Council in matters
involving substantial public interest and in like manner may vary or annual any
such direction. The Council shall duly comply with and give immediate effect to
the directions so issued. No
suit, prosecution or other legal proceeding shall lie against the Government or
any authority or officer of the Government, or the Council or any Committee
thereof or any other officer or servant of the Council, for anything which is,
in good faith, done or intended to be done in pursuance of this Act or any rule
or order or regulation made under this Act. (1) The Government may, by notification, delegate to
any authority or officer the powers conferred on them by or under this Act. (2) The exercise of any power delegated under
sub-section (1) shall be subject to such restrictions and conditions as may be
specified in the notification and subject to control and revision by the
Government. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, as occasion requires, by order, not
inconsistent with the provisions of this Act, do anything which appear to them
to be necessary or expedient for the purpose of removing the difficulty: Provided
that, no order under this sub-section shall be made after the expiry of two
years from the date of commencement of this Act. (2) Every order made under this section shall, as soon
as possible after it is made, be placed on the Table of the Legislative
Assembly. SCHEDULE QUALIFICATIONS IN
SIDDHA MEDICINE (See sections 2(14)
and 34) Sl. No. Name of the
University, Board or Medical Institution. Recognized
Medical Qualification. Abbreviation
for Registration. (1) (2) (3) (4) Part I. 1. Board of
Examiners in Indian/Indigenous/Integrated Medicine, Tamil Nadu. Licentiate
in Indian/Indigenous/Integrated Medicine. L.I.M. Higher
Proficiency in Indian/Indigenous/Integrated Medicine. H.P.I.M. Part II. 2. Government
College of Indian/Indigenous/Integrated Medicine, Chennai. Graduate
of the College of Indian/Indigenous/Integrated Medicine. G.C.I.M Part III. 3. (a)
University of Chennai. Bachelor
of Indian Medicine (Siddha) . B.I.M. (b)
Madurai-Kamaraj University, Madurai. Bachelor
of Indian Medicine (Siddha). B.I.M. Do. Doctor of
Medicine (Siddha). M.D
(Siddha) Do. Bachelor
of Siddha Medicine and Surgery. BSM&S. (c) Tamil
Nadu Dr. M.G.R. Medical University, Chennai. Bachelor
of Siddha Medicine and Surgery. BSM&S. Part IV. 4. Central
Board of Indigenous Medicine, Chennai or Tamil Nadu Board of Indian Medicine. Certificate
granted to traditionally trained or hereditary practitioners of Indian
Medicine and Enlisted Siddha Medicine Practitioners. R.S.M.P. E.S.M.P. Part V. 5. Board of
Examiners in Indigenous Medicine, Tamil Nadu. Village
Vaidya Certificate. V.V.C. Part VI. (Qualifications
granted by Medical Institutions in countries with which there is a Scheme of
reciprocity). 6. Government
College of Indigenous Medicine, Colombo, Sri Lanka. Diploma in
Indigenous Medicine and Surgery (Siddha). D.I.M.S. Diploma in
Ayurvedic Medicine and Surgery, (Siddha). D.I.M.S. 7. Institute
of Indigenous Medicine, University of Colombo, Sri Lanka. Diploma in
Ayurvedic Medicine and Surgery (Siddha). D.A.M.S. 8. University
of Jaffna, Sri-Lanka, and Surgery Diploma in
Ayurvedic Medicine (Siddha) D.A.M.S.
Preamble - TAMIL NADU SIDDHA SYSTEM OF
MEDICINE (DEVELOPMENT AND REGISTRATION OF PRACTITIONERS) ACT, 1997PREAMBLE