\Y 4 Tamilnadu Siddha Medical Council,Chemai, From Fo Dr.K.Palanichany,B.I.M. The secretary, Registrar, Central Council of Indiar Tamilnadu Siddha Medical Medicine, Institutional Council ,Chennai-600 106, Janakpuri, Area, New Delhi'- 110 058, K, DiseNo.79/TNSMC/2000 dated 1-3-2000 o sir, ilmadu Siddha Medical Council, Chennai- pply of State act regulating the registra tion and practice in Siddha system of Medi- cine - Regarding. Ref: Your Lr. Ref. F.No.22-27/98-s4 dated 23-2-2000, Sub: 7, with reference to your letter cited above, I am sending herewith two copies of the State act, which provides registration ‘to Siddha practitioners of Siddha system of Medicine. Tne schedule of qualifications regulating the regietration and practice in Tamil Wadu State is appended in the act. Yours faithfully, GLa Encl: 2 copies of state act.A Bill to provide for the evelopment of the Siddha systom of, medining and ut the registration of practitioners of Siddha medicine in the Stata of Tamil Nadu und for matters connected therewith and incidental thereto. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-Bighth Year of the Republic of India as follows -— CHAPTER |. PRELIMINARY. 1, (1) This Act may be called the Tamil Nadu Siddha Sys'm of Medicine Short title, exteat (Development and Registration of Practitioners) Act, 1997. ‘and commencz~ ment. Q) It extends 'to the whole of the State of Tamil Nadu, @) It shall come into foree on such date as the Government may, by noti cation, appcint and different dates may be appointed for different provisions of this Act, Detinitions. 2, 1a unis Act, unless the context otherwise requires, — (1) “commencement of mis Act”, in rekation to any provision of this Act, means the date of the coming into force of that provision: * 1 Council establishes (2) “Council” means the Tamil Nadu Siddha Mectis under section {A Group) 89/15—i Cae2 (3)" Government” means the State Government 5 (4) hospital”, “asylum”, “infirmary”, “dispensary”, “lying-in-hospita or “si ratorium’ means an institution wheré the niethods of treatment is carri ©: in Siddha medicine ané which are approved by the Council ; (3) member" mcansa momber of the Counc snd includes the President : (4) “madern medivine” means modern scientific medicine commonly known a5 ellowathic mecicine in all its branches and imetuules surgery and obstetrics. but oes not inchede verterinary mesicine and surgery _ (1) “practitioner” means any person engaged im the practice of Sideliva mevicire 5 (2) “President” mens the President of the Couneil aoninated under subs. section (1) of section & : (8) regis” means the register of practitioners section (1) of section 19 wed unger sure (10) “registered practitioner” means x prsetitioner whose name is for the time being entered in the register ; (1D “Registrae™ means the Registrar of the Counc! section (1) of section 1S pointed) under sub- (12) regulations” — means the reulations mule by the Couneil under this Acts 413) “rales 1s the rules male by the Government under this Act § (14) “Schedule” means the Schedule to this Act (15) “Sid ba medical insticution” means any College or institution providing courses of study or intiring in Sicdha system af modieire for axbmission to the exuminations for- egcces éiplomas, titles or cerliticales specilied in the Sehouulle + (1G) “Sica medigine™ mers the system of mesising founted by Siedhaars 5 (1)“U ivatsity’® means any University in Inc i establishes by fw and, having @ faculty of Sidha meicine CHAPTER It ESTABLISHMENT OF SIDDHA MEDICAL. INSTITUTION. 3. (0) Noverson shall establish any Siddha medical institution except with the New Siddha prior approval of the Council ava the Government medical “ institution not Provider: thet the approval of the Government urder this subsscetion shall to Be established ‘be given only after the Council has given its approval. without approval of (2) Nor’ irg, contaired in sub-section (1) shall apply to the Siddha medical Council and institution established by the Government Government. 8) (@) Every application for approval of the Council uncer sub-section (1) shall be mace in such form, with such particulars ard in such manversynzy be prescribed in the regulations, (b) Excry application for approval of the Governare:t ut Cer subsection , () shall Be meds in such Form, with such particulers ar4 in such merner:s ny be prescribed (@) Notwithstendine anything cortaires in subsection ey medical isstitutio cstzblisbec before te cate oF Commencsiie existerce 0° the date oF such commencement shall be ice e approvel by the Couecil and by the Governmert un ert3 CHAPTER It. ESTABLISHMENT OF COUNCIL 4. (1) The Government sill, by notification, establish for the State of Tamil Establishment ‘Nadu'a Couneil called the Tamil Nadu Siddho Medical Council of Council. @).The Cours shall 3e a bouy corporate, shall_have perpetual succession sd a comsmon seal, shall have vower to acquite, holé and dispose ol property (both smovable and immovable) and to contract and shall sue ana be sued! by tie sald name, 5. (1) The Council shall consist of the following members, namely;— gastuton ot ~ unc, {a} the Secretary to Government in-charge of Ffealth sind Family Welfare, —— , exofivie: “F's tye Ditto of tian Medicine and Homotopathy, exofiie (c) the Heads of the Goverment Siddha Medical Colleges, cxofficios ue (d) the Head of the Central Research Institute (Siddha), Ohsnnai, exaffci (©) one member elected from among themselves by the registered practitioners wito possess any of the quslifcitions specified in Part | of the 4 Sshedule, mE j (f) two members elected from ayong themselves by the registered practic tioners who possess any of the suclifeations specified in Part IV of the Schedule s (@ four members clecied trom among themselves hy the rgistered peac- tivioners who postess any of te quilifeations speciticd in Part It of the Schedule + (h) six. mémbers elected rom among themselves. by the registered prac- titioners who possess the quallijeation specified in Part TV of the Schedule ; {@ one member elested from among themselves by the registered practi tioners who possess the qualification specifed in. Part’ V of the Schedule : (one member elected from among themselves by the te of the Siddha Medical institution who ate registered practitioners : ng Stall (k) three members nominated by the Government from among the negis+ tered practitioners and (1), one member nosniuated by the Government from among. the emigent ‘Tamil Scholars. who have rendered service for the development of Siddha system of medicine (2) Save asotherwise provided in this Act, the term of office of . the cf eieeted ‘and nominated members shall be five years from the date of his lection fof nemination, us the case may be and shall be eligible for re-election or te-nomie nation. G) Itfor any reason, the Soxtetary to Government in-charge of Frealth and Family Welfare o€ the Ditectot of Indian Medicine and Homceopatiy, is unable to attend any meeting of the Counell, he may depute any officer of his department net lower in conk than thet of Deputy Secretary to Government or, as the case may be, sedieal OMfeer to attend Such meeting. The Otteot ss deputed shal have {the Fight o take patt inthe procecdings of the Council and shall have the right fo vote 4 (1) ‘There shail be 4 President for tne Corneil who shall be nominated. Presidet. by we Government from among the members of the Council ‘ (2), The President shall hold office so. lonzas ne continues to be a raember™ * fof the Couns @)_ The President shall cxsrviss suck powers end perform such duties as aaay be presotibed. (A Group) 89-15—la >‘4 7. Notwithstanding anything contained in this Chapter, the Goverument Constitution shall constitute the first Council by nominating its members including the Presi- of first Council ent and the Coune'l so constituted shall hold office for such period not_exece- by Govern ing one year {rom thedate of its constitution as may be specified by the Govern ment by nomi ment! nation. Provided that the first Council constituted wider this section shall cease to function a8 soon as a Council is constituted in accordance with the provisions of ‘this Act and the rules. & No porsou shall be eligible for being elected oF nominated as a member Disqualifi- if he— cation fot rmemborship (1). is not ordinarily «1 resident in the State of Tamil Nadu ¢ nota regis'ered practi cr, oxeptin the ste falling under cise (i) of seation a * G) isan | ipplicant to be adjedicated asain insolvent or is tn undischarged ‘insolvent (4) is of unsound mind and stands se declareo by a competent court ; (3) has bi offence invol sn sentenced by a crimintl court to imprisonment for any moral turpitule (@) isa paid employee of the Council - oF (has not onmpleted twenty-five years 0 9, Amemb'rshall bedeemed t have vaeated Ms office — Cessation of membership, (1) on sending his resignation in writing to the President ; 2). ombisabsence, withoutexcuse sufiicient_ in theopinion of the Council, from three consecutive meetings of the Council; @)__ onhis ccasing to ord twelve consecutive months; ‘ily reside in the State of Tamil Nadu. for (4) on removal of his name from the register; () onhis applying to be adjudicated, or on his being adjudicated, #8 ‘en insolvent; . . (© onhisbeingdeclared to beofunsound mind by a competent court; (pon. theerpiy oftheterm ofofiice mentioned in sub-section(2) ot section 5; (8) _on bis being sentenced by a criminal court to imprisonment for any effence invelving moral turpitude; or (9) omhis becoming 2 paid employee of the Council. _ 10, (1), The Government may, by order in writing , remove. any member Removal ef it, inthe opinionof the Government, such membcris guilty of gross misconduct in any member, respect, profess onal or otherwise, which renders him unfit to be a member, @)_No member shall be removed tinder suy-czetion (1) without being given ‘an opportu ty of making his represtutation. A copy of the erder removing ‘im shall be communicated to him. .5 LL, ()Any casual vacancy in the office of a8 elected or a nominated niember Billing upot stole “Allsdup By. election or nomination, asthe ease may be, in accerdance casual with the provisions af section 5 ‘vacancies, Provided that no casual veeancy in the offloe of an elected member occuring within sic months before the date ofthe expiry of the term of cfilee of the member snall be filled except with the previous sanetion of the Government;: Provided furtiver that any casual vacancy in the effice ofa nominated member occuring within six months before the date ot the expiry of the cfflce ofthe member my, if the Government deem Fit, be kept uated, 2) Athember Sings crs vecciney shel hold offer so longas the member in whose place he's elected or nominated ‘Would have: been ented to hold fics ifthe weaney had not ceurred, ive Committee of the Council consisting of Executive 12. (1) There shall bean Execy (8) the President, ex-officio: and (b) tour members elected from among themselves by the members of the | Council at the srst meeting of the Council, in the manner prescribed, Q) Every member of the Executive Committee shall hold office so flong as | he continuous to be a member of the Council ‘Commities (4) The Council may, in accordance with the rules and with the previous ‘sanction of the Government, del powers or functions to the Executive Committee, 13, (1) The Councit may, Powers of (@) establish Siddha medical institution with the approval of the Govern tent; (®) give approval to establish Siddha medical institution and to withdraw Such approval with the previous approval of the Government ; (© grant aid to Siddha medical institution + (@) ditect 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 petiod as may be specified in such direction, such reports, feturns or other information as the Couns may requite to judge the eiciency of * such institution (c) inspect Siddha medical institution and also hospitals, dispensaries, Asylum, infirmary, tying-in-hospital and sunatosium ; (© recommend (© Government the opening of new hospitals and dispen ssaries ; (8) prescribe and publish ‘ext books for the cwurses provided by the Siddha amnedical institution , th) evolve norms for standardisation of Siddha medicine : (@ make regulations for the manufacture and sule of Siddha medicine ; G) unearth variony Si tha. medicine and formulations kept secret by hebe« itary. practitioners and popularise: them. 6 (&) formulate the aims and patterns of research on scientific lin madioine : in Siddha ()) undertake any research or research oriented programme, (an) propagate the research activities and theic results in Siddha medicine both at national and intermational levels (n) procure rare and esoeteric cudgeon eat literature, old manuscripts and rare” printed books in Siddha medicine and undertake their publications and documentation ; (0) mike segulations 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. + (2) incur such expenditure, adopt such measures and do such ets as may be necessanry for the furtheraence oF the powers :uid functions mentioned in this ection (8) prescribe by regulations the standards of professional conduet and cetiquites and code of ets to be observed by a registered pruciitiones ; and (1) promote activities and research in the development of medicinal herbs and minerals 2) The Councit shall perform such other lunetions as the Government may direct for carrying out the purposes of this Act. 14, (1) The Council and the Executive Committee shall meet at svch time and place, tat every meeting ofthe Councilor the Executive Committee shall besummoned $y such person and in such manner 8s may be prescribed by regulations : Provided that until such regulations are made, it shall be awful for the President to summon a meeting of the Council or the Executive Committe at such time and place as le may deem expedient by letter addressed to each member of the Council for 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 nvembers present and voting and in the case of equality of votes. the President or the member presiding shall have and exercise @ second or casting vole 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 travelling allowances as may be proscribed. 15, 41) (a) The Council shall appoint a Registrar who shall be,— () the Secretary to the Council i) the Treasurer to the Cauneil unless the Council appoints another person as Treasurer} and Gi) the Secretary to the Executive Committee ; (b) The Council may, at any time, remove the Registrar ftom office by a resolution passed at a special meeting convened for the purpose and by a majority OF not less than tworthirds of the members present and voting : Provided that before taking any action vnder this clause to remove the Registrar, he shall be given an opportunity of making his representation, Meetings of Council and Executive Committers, Officers and other servant. of CounciCentral Act XLV aati of 1860.” Gentral Act V of 1908, ee : 7 (©) The appointment of Registrar underclause (@).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 Re; if the Registrar is, by reason of absence, illness or for any other reason, unable to exercise the powers tind perform the duties of his office, lnis powers and duties shall bbe exercised aand 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 necessity 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 speciGed by regulations. aoe (5) _ All officers and servants of the Council including the Registear appoint- ed under this section shail be deemed to be public servants within the meaning of section 21 of the Indian Penat Code. 16. Ifat any time it appears to the Government that the Council bas neglect- ed to exercise or has as exceeded or abused any power conferred upon it by or under this Act or has neglcctedco 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 necessary to rectily such neglect, excess or abuse, within such time as may be spoeilied in this belt HM the Council fails to rectify such neglect, excess or abuse within the time specitied, the Government may, for the purpose of rectifying such neglect, excess or abuse, cause any of the powers and Guties of the Council to be exercised and performed by such person or authority for such period as the Government may deem it, 17 (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 10 in section 16 and refer to him the particutars of such’ neglect, excess or abuse for inquiry. ‘The Special Officer shall conduct the inquiry in a'summary manner and. report to the Governaent as to he truth of the particulars referred to him and in case of ny 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 he specified in the direction, if the Council fails to comply with any such direction, the Govern- ment may pass such orders or take such action as they deem necessary to give eect. to the recommendation of the Special Officer. Q)_The Special Officer shall have po werto atminister oatas an to enforce the atte Warce of wit esses an’ tie production of documents and such other powers as are necessary fort ¢ purpose of any ingu'to be conducted by him, as ate exercised! by a civil court uncer the Code of Civil Procedure, 19C8, ‘Gontro! by ‘Government. Inquiry by Oficor.. 8 CHAPTER IV. REGISTRATION OF PRACTITIONERS. 18. (i) Subject to the otser provisions af tis Act,— Registeat g 7 ‘of practl. (2) every aerson wo possesses any of the qualifications specifed in tones. ‘the Schedule = or (b)_ every person wi0 does not possess any of the qualifications speci« fed in the Scie-ule Dut possesses any of the qualifications recognised by the Council, § all be entitled to have his name euterce in the register maintained ral ¢ . subsection (1) of section 19. Q) Every anplicatio.s for registeation uncer this Act siall be seit to. the Registrar toget-er wit such fee not excees!ing two hundred and fifty rupees as nay be prescribed ja te rulesay” wit. sucn proof of qualification for registrstion fas may be preserihs., by the Cow eil by rexul -Uots. ©) Notwit sta icing ryt ving conta'ned in sub-section (I), the Council may refuse to register any person w 0 hasbee: convicted of tay offence which, inthe opiaio" oe Coun nies aera of sharactr eer ng kim 4 be registered oF wi 0, aiteran inguiry at wale’ opportunity has been. lve to him to near’ ‘n poeson or fy pleads, tas bees helt by te Couneilto. have een guilty of infamous cori/uet in any professional respect. (4). Brory renistration under sub-section (1) shall be inforce for «period of five years and may, subject to the provisiors of sub-section (5), be renewed for SB pariod of five years.ata time, (5) Bvery application for renewal of registration under sub-section (4) hall be made within such time and with such ee, not exceeding twenty fve rupees, 28 may be prescribed and the provisions of this Act shall, as far as may be, apply {in elation tothe conewal of a registation as they apply in relation to cegistration, 19. (1) There shall be maiutained a register in separate Partsforecah of the Register of following Classes of practitioners, namely :— practitioners and its main (@_ practitioners who possess any of the qualifications specified in Part I tenance, of the Scvedule ard registered under this Act ; Gi). practitioners who possess any of the qualifications specified in Part Tl of the Schedule and rozistered under this Act ; i)_practitioners who possess any of tie quulifcations specified in Part 1 of the Schedule and registered under this Act ; (iv) practitioners who possess the qualification specified in Part 1 of the Schelule and registersd under this Act; (¥) practitioners wito possess the qualification spocifiet in Part V of the Schodule an rogistered under this Act; ancl (vi) practitioners who possess any of the qualifications specified in Part VI of the Schedule anc registered uncier this Act (2) The register maintained under sub-section (1) shall be in such form and shall contaia such particulars as may be prescribe: (2) The Register shall keep aud maintain the sepster refered to 19 aus- section (1 in accordance with the provisions ofthis Actand the rulesand the onder . Of the Council ancl (0 revise the register from tune to time and publish it in such manner as may be presribed. Cergeat act (4) THe register maining er sub-sstion (1) shall be alee. to he a OC! of 1812 public dooument ‘within the meaning of the Indian Ivisence Act, 187: ,- 9 20. (L) Any registered practitioner may apply to the Registrar in such manner Altration of and with such fee, not ‘exceeding one hundred rupees, as may be prescribed, for register. registration undera new name or in esatet GTi ssiditional qualification obtained subsequent to the registration under this Act. (2) Exery application wider sub-seetion (1) shall be considered in such manner as may be prescribed! and the entry matic in the registor in respect of the applicant shall be amended or, as the case may bo, cancelled and new entry made in the appropriate Part of the register. 21, (2) Eyery person whose mame has been ‘entered in the register shall be Certification issued a Certificate of registration in sueh form as may be prescribed. of registration, (2) Where itisshown to the satistaction of the Registrar that the $Cectificate of Registration issued under sub-section (1) has been lost, lesiraye t or mutilate, the Registrar may, on payment of such fee, not exceoding fifty rupees, as may be prescribed, issue ‘a duplicate certificate thersof. = we 22. (1) The Council may, if itis satislicd that any entry in tho register has Removal been made franduleatly or incocrectly, after giving notice to the person, concemed of neme from and alter.hearing his objections, i? auy, OEGer that such entry in the ‘regisler be register. cancelled oramended, asthe case my be, @) (ay The Couscit may, alter yving the rite practitioner an oppor- tunity of making his ropresortation, inet the removal, aloetbes Ur fora spec ied Terod, from the roster, bg img ol Ve roster (® he has oor owvieiet of & foitence which implies in the opinion of the Comieil # dgfest of charter ; or (i) he. Tris boon lok by the Council to have been guilty. of infamous conduct in any Professions! respect ; or i seotion 18. he has not renewed his registettion *. under subrsection (4) fof ®) ‘The Council may, subject to the rules, direct that any name 30 semoved siall be restored on application from the person. concerned (3) (@) Tne Council may, subjoct to the rules, ditect the elation from the register of the name of any registered practitioner if— (i) te iegistored practitioner is dead : Provides that the inforvuation rezarding the death fs fusnished by such ‘officer, in such foxm, and in sticn manner, as may be prescribed i) the registered practitioner has made an application for the deletion of his name from the register. (2) Any practitioner whose name has been deleted from the register under clause (@) (U) may apply for Sresh registration under sub-section (1) of section 18, (4) Whenever the name of any registered practitioner is direcled to be removed or deleted from the register by the Couneit, it may publ’sh or enuse to be published the fact of such removal or deletion in such manner as it deems lit 23, (1) Any person aggrieved by an order of the Council under sub-section (3) Appeal, of section 18 or under section 22 may appeal to the Government. 2) Every appeal under sub-section (1) shall be preferred within tree months from the date of the receipt of the order appealed Provided that the Government may allow further time not exceeding Harve, months for preferring any appeal it they arc satisfied uhat the appellant bad sufficient cause for not prelerring the appeal in Hime, ‘AiGroup) 89-15-—2Central Act Lof 1872. Central Act XXXVI of 1850 Contral Act XXXVI of 1850, Central Act X4 of 1897. 10. (Q) 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 lit, (4) The onder of tie Government on such appeal shall be final. (5) The Government may, pending the exereise of their powers under this section, pass such interiucutory order as they may deem fit. 24, (1) Any inquiry under sub-s ction (3) of section 18 may be held by the Procedure for Council or by a Committee consisting of three members of the Council elected inguries. from among its members for tie purpor. “The Council or the Committee, as the case may be. nay, at its discretion, hold such inquiry imeamera. When the inquiry is held by a Committee, it shai sort to the Couneil whieh shall pass orders under sub-scevion (3) oF sect @ For the purpose of any inquiry under section 18, the Council or the Committee referred io ir: sub-section (1) shall be deemed to be & court within the meaning of the Indian {vidence Act, 1'3/2 and shall exercise all the powers of a Commissioner uppoiutssi tinder tie Public Servants (inquiries) Act, 1850 and such inquiries shall be conducted, as fur as may be, in accordance with the provisions of section 5 and sections $ to 20 of the Public Servants (Inquiries) Act, 1850. 25, Notwithstanding anything contained in any law for the time being in torce— Privileges of re- Wlstered practi (1) acertiticate required by law to ue given by # medical practitioner ~ toners. shall be valid, if itis signed by any registered practitioner belonging to such class of registered practitioners 1s may bs specified by the Government romftime to, time: and 2) the expression “legally qualified medical practitioner” or “duly quali~ fied medical practitioner” or any word or expression importing reference t0 @ pet son recognised by law as a medical practitioner, or asa member of the medical profession, shall, in any provincial Act as defined in clause (46) of section 3 of the ‘General Ciauses Act, 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 Ul or List I in the Seventh Schedule to the Constitution, be decmed to include a practitioner regis tered under section 18,Gentral Act eV of 1948. ‘Tamil Nadu Act IIT of 1926. Sentral Act I of 372. «the act of dent i CHAPTER Vv. PENALTIES. 26(1) Notwithstanding anything contained in any law for the time being in fores.— Prohibition of person rogistered under section 18 shalt prac~ ‘ae trees omer han Bh ot registered. ZExplanation——For the purpose of this clause— (A) a person who holds himself out as being ible to, of who by any advertisement, demonstration, exhibition of teaching olfers or undestakes, by any means or method whatsoever, to diagnoise, treat of operate according to” Siddha medicine, or to give Siddlaa medicine for any ailment, disense, injury, pain, deformity Or physical condition or prescribes Siddha medicine or other remedy. wccording to Sida system oF medicine shall be deemed to practise Siddha medicines (B) “advertisement” includes any word, letter, notice, circular, picture, illustration, model, sign playboard and board or other” document — any Aonouncement made oraily of by any means of producing oF wansmitting, Ii Sound, smoke or other audible or visible representation: Ga person who— (A) mcchanically fits or sells tenses, artificial eyes, limbs or other apparatus or appliances; or . (B) ‘sengaged in the mechsnical examination of eyes for the purpose of “ ses oF I constructing or adjusting spestucles, ey (©) prictices physiotheraphy or electrotheraphy or ehiropody or maturo— pathy or hydropathy or Yogic healings or @) docs domestic administration of fumily remedies: or stistered under the Dentists Act, 1948 limits his practice to (Eybeing ny (F) being a nurse, midwife, health visitor, or auxiliary nurse-midwile regis— tered under the Tamil Nadu Nurses and Midwives Act, 1926, 2x. dhai attending fo labour cases, Siddha medicine, shail not ‘be “ deeinéd to prai |, (0), no person otker than.a repistered practitioner, unless authérised By the GoiclniseatTn iis behalf, shall be cated to ve “ "@) digh oF authenticate a birth or a death Certificate or a medical or a physleal tess certificate oF any other cextlicate reaiced by any Taw to be signed Br qupbenticatcd, by a duly” qualified medica ? practitions “Gi give evidence at any’ inquest or in avy court of law ‘as an expert * under section 43 of the Indian Evidence Act, 1872 om any matter relating to. medicine surgery or midwifery © except with the special sanction of the Government, ao person other than a cogittered practitioner shail hold any appointment as physician, surgeon or any other office (by whatever designation calles) in any hospital. asylum, intimary, ‘ dispensary, lying in-hospital, sanatorium or other similar’ institution -dealing. wi Siddha micdicine or wih Siddha and acdera medicines, @ Whoever contravenss. che provisions of sub-section (1) shall te punisha~ bie with Maprisonaient fora erin Which ay oxtoud to one yeas or with ike which Way"cxtend to one thousand supees or wiih both. (A Group) 89 15—2aee 27, (1) No person other than— Conferring, anting oF (@) a University; of issuing colowra- ; bie imitation of (b) an instutition established by the Council: or degrees, dip- fomas, etc., to ‘be an offence, (© an authority empowered o¢ recognised as competent, by the Govern— meat, to confer, grant of issue any degree, diploma, licence, certificate, or any other Tike award entitling the holder thereot to practice Siddha medicine, are published.Bith |, ) Every rule made under this Act and every notification issued 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 itis 30. placed or the next session, the Assembly makes any modification in any such rule or noti- fication or, the Assembly decides that the rale or notification should not be made cor issued, the rule or notification sball thereafter have effect only in such modified form or be of no eet, as the case may be, fo, however, that any such modifcaton ‘or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.ne 45 36, () Phe Councit nay, with previous sanction of the Goverament, by agtifi: Power to-make cating ere Gaintonst not consistant witn Lie provisions of this Act and the regulations, Haeetor Gaubiiee it to perform its Tunctions under tis Act. i @) In particular and without preiudice to the generality of the foregoing. power, such regulations say provide for— h, the particulars with which and the manner in which, a) te Form nw f nroval of the Council for cstablishment of a Siddiva an application for tie & Med geal Tasetuen shall be made {o) the manufacture and site of Siddha me ‘ fey the convening of tho meetings of the Council and the Executive Committee and thdondact of business a such meetings; ’ = “dy the standards of professional conchict ax; etiquettes and the code Sr ethics fo be observed by "A" practitionrs (S the remuneration and! other conditions of service of the Registear 3&4 other Sitcers nd servants of the Councils 7 @ the proof of qualifleation to be sent along with the application “For regigtraion under this Act; ia) ay other matter for which provision is to be or may be made in regula. tions, 37. Notwithstanding anything contained in this Savings Aci, any person who Soy has registered Hig name tender the rules for tho registration of practitioners “of Pe ee Tediciag issued with G.O-Ms, No, 1868, Health, Indian Medicine, Homoe- InGhy and Family Welfare Department, dated the 31st October 1990 add prac PARRY Sliana imcdieine unmediately before tne commencement of this Act shall Be tEtimed to continue such practice for a period of six months, if he has made an Be Situation for registration under this Act within the stid period, andi nti the des- posal of the application by the Council sion of the Geverament any proposal Council may \ce as to be reserved for such reserve. 38. The Council nay roverve foe Ce | jn any matter wiles 4s fle opinfon fs of suc Inport Bee nee eclon sill be titer by fe Soa weil sa tes2ect oP sea proposal until proposal for "84.0. itis desided by the Government. ‘decisions 439. The Government may, from time te time, issue such directions, not in- Directions | by conshtent with the provisions olthis Act, as they may consider necessary in regard Government, fothv exercise and perrormance of the powers and functions of the Couneilin matters foaefag substantia public interest and fn like manner may vary of annul any seeiinection. The Council shall duly comply with and give immediate effect to, Ng: directions so. issued. me se Bret fe 40. No suit, prosesution of other legal proceeding shall lie against the Govera-__ Protection of mont or day authority of officer of tae Govern neat, or the Council or any Committee action taken fn ene ny er otficss oF sctvant of txe Council, For aaything waich is, in good faith, — good faith. doneorintended to be donein pursuance of this Act or any rule or order or regulation wade angler this Act. 5 21. (1) The -Governmont may, by notification, delegate to any authority or Delegatlon omect powers eontenced on them by or tndgethiwAg. fv ints | OF powers (2) The oxercise of any power delegated wider subsection (i) shall be . : subject fo sch restriations and conditions ts may be specified in the notrfication __ apd subjeat fo oontrol and revision by the Government. 42. (1) Cf any dimoulty arisos in giving offost to the provisions of this, Act, the Govecnmant may, a3 eceision requires, by order, not ineonsistont with the favision® of this Aci, do anything which appaar to Thom fo bs nocassary OF expe fiat tor the purpose of removing the difflaulty Provided. that, no ordur undor this sub-ssction shall be made after the exoiry of two yours fram the date of commengamsne of this Act. jon aha (2), Every order, und gr this see is made, be placed on the Tt! ©16. ‘THE SCHEDULE QUALIFICATIONS IN SIDDHA MEDICINE, (Soo seations 2(14) and 34.) BINo. Nano ofthe Univarity, Board or Medi- Reooprined Motiont Quatifcation, “Abbreviation for eal mstitution, ogistration. ” @ ® @ PART 1 1 Board of Examiners in Indian/{ ndigenous/~Liconti \afIndigonous /Imogeated LIM. Medi Tatograted Medicine. ‘Tamil Nadu ‘Higher Proficiency in tndian/tndigenous/ B.PLM. Vategrated Medicin.. PART IT 2 Government Gollege of Indian/indi- Graduate of the College of Jndian/Indigencus! G-C.1.M, (gonous Integrated Modioino, Cheenai. I ntogratad Medicine.~ PART fr 3 (a) Univossity of Madras Bachelor of {ndian Medicine (Siddha)- BALM. (6) Madurai-Kamaraj University, Madurai Bachelor of Indian Modiaine (Sidahe)» BLM. Do. Doeter of Madicine (Sidého). M.D. (Siddia De. Bachelor of Siddha Medicina and Surgery BLS.M.& 8. (@ Tamil Nadu Dr. MG.R. Medical Bachelor of Siddha Medicine and Surgery BSM, & ‘University, Chennai PART IV 4 Central Board of Indigenous Medicine, Cortifieata granted to traditionally trained or _* ‘Gheanai or Tamil Nadi Board of Indian hareditary practitioners of Indian Medici ‘Modicine and Enlisted Siddha Medical Practitioners PART V f Examinasrs in Indigenous Village Vaidya Cortifiea ine, Tamil Nadu . 2 PART WI {Qualifications granted by Medical Lnstitutions in countries with which thera is @ Sokemo of reeiprocity.): 6 Government College of Indigenous Madi- Diploma in Indigenous Modicine and Surgery> DEMS. ‘ine, Colombo, Sri-Lanka.: (Siddha). Diploma in Aytirvadio Medicine and Surgery.” D-A.MS, Biddha). \ 7, Institute of Indigenous Medicine, Diploma in Ayuryedic Medicine DAMS 4 ‘University of Colombo, Sri-Lanke. rand Surgery (Siddha). D 8 University of Jaffna, Sri-Lanka. Diploma in Ayurvedic Medicine and Surgery D.AUM.S. (Siddhe)- >e 17st . STATEMENT: OF: OBJECTS ANS REASONS. » At present thore i¢’no law to provids for the dev 2idpnaay of , the Siddhy, at pedsbies and for the regulation of the pracritionars of the” ’ Siddha’ Ma gh metheme srg toi Radu: it has bean considered necassary | to develop, data Seach of medicine and to register the practitioners Of Siddha. Modicing Se stitial Te bas abo been aonsidcrad. necessary to gatablfah a Counc] called hei Hamil biadu Siddha Medioal Gounell for the Purpose, neon 2. The BIN secka to aohiove the above objects. pair 0 oe Ae MRCOT Ne VERRASARY POR eco wainisten fow-Healthe and“We, FINANGIAL MEMORANDUM: © 'i° Clauses 4 and 15 of the Bill seek to establish a Council, by the name “the-Tamil Nadu Siddha Medical Council". to provide for the development of the Siddha System , OF Medicine and for the registration of. practitioners of Siddha . Medicine fn the “ State of Tamil Nadu and for matters connected therewith and incidental: thereto, and for appointment of officers and servants necessary for the performance of “ the functions of the said Council, rospeatively. : The; Bill}. when enacted : and: gbtovelt into force, would involve expanditurs from thé Consolidated Bund of the tate, p a ta? J‘ i wR s+ ‘2e1t is not, however, possible to estimate at this stage, with any decree ef Accuracy, the expenditure to be incurred as a resuit of the proposed Act.19" MEMORANDUM REGARDING DELEGATED LEGISLATION: Clauses 1(3),4, 6, 7, 34,35, 39, 41 and 42 of the Bill authorise the Govem ment to iste Notilication, deders or direction or tomate rules, asthe caso nay be, for the purposes specified therein and clause 36 of tao Bill authorises the tear Nadu Siddha Medical Couell to make regulations forthe purposes spedlied therein. a ot 2, The powers delegated are normal and not of anexceptional character NOTES ON CLAUSES WITH REFERENCE TO.THE PROVISIONS OF THE BILL. 235 , uch ve Seto Chiuse 1. It gives the short ttle to the Act and indicate the extent and the commencement of the Act. Clause 2... It gives definitions for various expressions. ‘Clause 3! .. It gives: poviers to thie Government and to the Council ‘for giving * prior approval for tho establishment of new Siddha Medical Institutions. : ‘Clause 4 ., The Government by Notification establish a Tathil Nadu Siddha Madical Council for tho State of Tamil Nadu. ‘Clauso 5 .. Explains the constitution of the Tamil Nadu Siddha Medical Council, Clause 6 .. Tho Government will nominate the President of the Council, Clrse 7 .. The Government will constitute the first Tamil Nadu Siddha . Medical Council by nominating its members. cause 8 .. Explains the disqualification of a person who cannot be .clectod alsa member of the Council. Glause 9 .. Explains the circumstances under which a member can-bo deemed to have vacated his office in the Council, Clause 10... Explains the circumstances under which the'Government can Temove & member of the Council. Clause 11... Explains the way of fling up of a vacancy in'the Council. ‘Clause 12 .. - Explains the constitution of an Executive Committee of the Council, Clause 13 . Empowers the Tamil Nadu Siddha Medical Council to establish ‘Siddha Medical Institution, ff s Clause 14... Explains the details. of the mestings.of the Council and the Exe> cutive Committee. Clouse 15... Empowers the Council for appointing supporting staff for the functioning, of the Council. Clause 16... Empowers the Government to, control over the Coun Clause 17 1» Empowers the Government to appoint a Special Officer for inquity purpose. . Clause 18!.. Explains who .can register their names as per the provisions ‘of this Act, \ Clause 19... Explains the maintenance of 8 register for those who register thelr ‘ames. 7 Clause 20}.. Explains,how alteration can-be made in the Register.“2091 : ? Clapse 21.17 i Explains the'isstisinée ‘of 4 ‘céntification wo: ne eenties their names inithe register. Basti a af sai Ghibe 22°. Explains the citcamstaca unvior which a naine 6 1 Trai as From the Registers © ek enn Clause 23° .." Explaing thé appeal’ provision of an aggrieved miomber ofthe: | Council. ctause 24. ‘Explains the procedure for inquities by the Couneil or bya : Gommitter: 1: (Penk II AO SATOH \ Clause 25... Explains tho privileges of the repistorod Practioners who have regi inoroy OPSA thes, mamesas erence isions: ofisthisiAct. wi Feat Clause 26 . Prohibits persons who have not fegisterod their names as per the Proviipns alti Art.ta: practise Siddha, Medicine, © csi Clause 27. oy, Explains, that issyagre. -oftdeares.or/dinlome by anyother tata nk: Paton fr ala sett Beseeveus 30R crit Clause 28 .. Prohibits any. person to add any title, description to hisyname other hse wind VuEhSN AOS Fee ee, Mister non D git. yeh vie Hraeh elionitiy 9 Ragisat Ctauso 29 .. Gives’ penalty provision for shicating by peéiending to be repistered Morro 3 Levibshs aaRCbometiaet aie). uy tate raid +. @ seuatD ChUs9 8D.» Fploing the jurisdiction. of Criminal.Caurts ofthe Couneiiiuid Chuee 33 cx... Puplpins sho.bap,of visdictign, of Givi Comte et wank er beng buries Clause 32 .. Explains the punishment to bé given for ths offences committed os r.by. the companies against iproyisions.of this Act... & vival Clause 33... Explains tho acts of Couscl and Comimitice not to Aeon ok ot pac. va AY SOBER GCP ERES is pe said Clause 34 .. Explaine’the ‘afteration in nthe list of atialitcation mentioned in ‘thy, Schedule. oars " bi ‘i Ki! Resuua™ 1 2''e egrits'ts & Vor Clause 35... ape ta oni ‘ako rules to ciery out the purposes sUspiots QRTRR ARE to ce uk Te yaw yes oniaiias a. IE kanal IAW AGiae: Empowers kbaCouscil to make, xegwlations. with previous waction - ‘of the Government: tines 37” Expaing the saving’ Clans5, 38,42 | Empowers the, Goungil to, resacya,: any, Proposal: for. the decision. the Governimeat. Wolfie Diss GHaUGH 39. n- ,, BxPlaing, the directions to ibe issued. by. he Gaverament fon.the ‘exercise, of the Council,» yalinnioaglt Clause 49) Explains how.the Goyecnment it protactak fromclegsl sctionwhan acted in good faith. ‘ salupni aot tatiO laisee® ¢ tuignor o trermnszof) ed: exsivoqmnit’ “i. $V aguald Re ae ee ti Sei ateat tS aeleaate? Dove to ay authority. Clayse 42,..., Emoowers the Government to make, order toremave any didioultice a SERIES BGP SRT eae ant torminere ilgst “2. 02 aunt