Tamil Nadu act 027 of 1956 : The Tamil Nadu Registration of Practitioners of Integrated Medicine Act, 1956

Department
  • Department of Health and Family Welfare Department, Government of Tamil Nadu

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Keyword(s):

Indigenous Medicine, Integrated Medicine, Modern Medicine, Practitioner

1

632 Regi$lf~tibn of $ra(ilit loners [ ~956( k.@. Act avn

of hategriiled Medicine. l[TAN11, NADU] ACT NO. XKVII OF 19561 FHB '[TAMIL NADU] REGISTRATION OF PRACTIT~ONBBS 08 ~NTBGRATBD MEDICINE ACT, 1956.1 (aeeeived the assent of the President on the 20th November 1956; jirstpublishedinthe FortSt.Creorge Caatte ott the 28th November 1956.)

Act to provide for the registration of practitioners of integrated medicine in the '[State of lamil Nadu]. W w it is expedient to provide for the registration of ractitioners of integrated medicine in t he %[State of Tamil &it enacted inthe Seventh Year of the Republicof as follows f-

' .&&titb 1. (1) This Act niay be called ths l[Tarnif Nadul, Registration of Practitioners o f Integrated Medicine A&

1956.

(2) It extends to the whoti: of the 'L[State of Tamil Nadu].

Dt6ioftkuns. a. In this A ct unless the context other wise requiteg-

(a) "Board" means t he #[Do?.rd of Integrated Medi-

I cine, Tamil Nadu], constituted under this Act ;

(6) "G(3 ver m e n t" meam i he Sta t c Government g

I - - W__C

~Thesewwdsw:r.:substitutedforthoword"Madras"bytho .

Tamil Nadu Adaptation .of Laws Order, 1969, as am-ed b the Tamil Nadu Adaptatton of Lsws (Second Amendment) Order, 4k 1 9, Wor Statement of Objects and Reasons, see Fort St. George

I Gazette, Part IV-A, Extraordinary, dated the 1st October 1956, p a p

207,

This Act was extended to the Kimyakumari district and the Shmcottah taluk oft he Tirunelveli district by section 3 of, the First Schedule to, the Tamil Nadu (Transferred Territory) mtension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), remalioa tire:

corresponding law in force in that territory, 8This expression Wdr ru bst it ut ed for t b expression "State of Madras" by the Tamil Nddu Aduptat ion ol. Lawa Order, 1969, as amended by t h ~ 'brnil N ~ d u Adapt dt ion of Laws (Second Amendr nient) Order, 1969,

4This cxpmssioi? ~ . t s nubstitutcd &,r i],e cxpl.essioo *'Board d I d m a t e d Mediche, hl:jdras" by p;tragr;y,h 3(1) of, alid the schedule the Tu...'' %ildu Anaptation of Laws Order, 1970, which dwm* to have come iuto force on the 14th January 1969,

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2

:-,* 7 y * --- -* - &-?:: -. "- -. ,--,- &-% -- - - - - - ,.-.-A- y" :

. ! " , hbk: *.$. Act #m] ~eg&fia t fon

&&, =- . P .- :4: : * : - . . "4""

p ,*.

'* ,

i $ 3 -

[c) " l[intiigbnou s medicine or 1x1

[$,I - .

k- ~6Ir 'ns one or all of the threee systems ~ f : me I '

db, $ $ .

is, . ?Aylirveda, . Siddha and Umni system o

. [ti) integrated medi~ini?~ means a CQ

"

$ . k

trai&ng and practice in indigenous" medicine

med icine; 8 -

(e) "modern medicine" means moder n scienf i fic . medicine includ in,g surgery and obstetrics ;

(f) "praaitioner" means a pr~ctitioner of inte- grated medicine :

(g) '!register'' means the register of praditiciners, maintained under this Act ; ,

(h) ''registered practitioner" means a practitioner.

whose name is for the time being entered in the register.

3. (1) The Government shall, by ncjtifiw.t ion, constitute Constitution

a Board to be called ''Thef$[Board of Integrated Medicine, of Board.

Tamil Nadm 1".

(2) The Board shall be a body corporate, sball have perpetual succession and e common seal and shR11, by die

said name, sue and be sued.

(3) The Board shall consist of-

(a) four members elected from among themselves by the registered practitioners holding the diploma of

Ciraduete of the Cdtege of Integrated Medicine granted by the Bbard of Examiners in Integrated Medicine ;

(b) four members zlected from among themselves by the registered practitioners holiing the diploma of Licentiate in Integrated Medicine granted by the Board of Examiners in Integrated Medicine ; I

(c) one member elected from among themselves

by such members of the staff of the College of Integrated Medicine as are registered practitioners ; -- -...-.--

* W e words were substituted foi the words"iindigenousmedtcine" by- section 2 of the Tamil Nadu Registration of Practitioners of Integrated Medicine (Amendment) Act, 1971 (Tamil Nadu Act 36 of 1971), which was deemed to haw come into force on the 28th bTovember 1956.

~Tbis expression was substituted for the expression "Board +of htegrated Medicirle, Madras" by paragraph 3(1) of, and . the Schedule to, the Tamil S~C~J. A apSrrtion af Laws Order, $1970, @hioh was deemed to have come into foxce on the l4t h fanuaty 1969. "

3

. - - & - - & g z ' $ ? p T Z x B

% - - - .-- - ..I. I ,-,,-- ZaPI.. aE:1 A A V & & , d Medic ine,

(d) six members nominated by the Government 8

' Provided that pen6 ing the prepars!ir 41 of registers, the Government may nominate to the first Board members

r efcrred to in cl-iu ses (a) , (b) and (c) above out nr pcrsc. as who areleligible fcr rcgisiraiion in t he i*ospec;iivc rcgistcrs, an3 su~hpmsons hall tiold office for such pxiod ssihe '

Governmen! mey, be uot i fiwt ion, appoint.

(4) In the cvcnt of L he requisite numbs c ~ f mcmbcrs not being eleoieti und:r :my oft he clauws (a), (b) gtnd (c) cf sub-seciion (31, th.3 (;Jv~:'TI:.:;*I' m a y fill UP the vc.ca ncies by noluimci ng thz required uu mber c;f~-cgist ercd

p:actitioners. Evcr y practiticncr so n o n l i n ~ t ~ d shall be deemed to be a melilbcr ciu ly elecied .

(5 ) Nomin2t ions u otlcr sub-sec; ion (4). or clause (d)

of sub-section (3) sfliill be so mi:clr: irs to givc, i ts for a~ possiblc, proper scpl-osc o:;!iion to r 11c J ifLro.1 sydcms of integrated 111cclicinc.

(6) Thc Pi~r.s:dc~~l of I he Bond shall be elected hy , the mcmbers of' L hc BG: ~ r d from among themselves i n the

I prescribed manner :

Provided i hat for a periucl of foul years from t he dirt e of L he constitution of I Ire Board uader t 11; s Aci , t he Presi -

dent shall be a person lmmi nated by t he Government and if he is not already a member of rhe Board, shall be ex- Oflcio member of 4 he Board i n add ili 011 1 0 t he members specified i n subseci i on (3) :

Prov.;ded further that the President so nomi nalcd shall not be removed froul o a ~ e except by or under the orders of the Government.

Privileges of 4. (A) Notwit hs!andi II~any$ hi ne t o the con1 rary con-

Registered t ajned in any enactment , rule, by-law or any other provi- Medical sion of law---

Praci i-

tioners.

(a) A certific.rt a l-equ ; red by l i~w i o be give11 by a medical practif ioner shall be valid if it is sig~ied by a regis* tered practitioner ; and

(b) The expressiori '61egally qualified medial .

praciitioner" or "du Jy qu~ilified mcdic-1 l practitioner" or any word or expression importing reference to a person A rq~gnized by law as 3 medical praciitio~aer or as

4

- - - - ---I- - - -- =----_ ._.__ _ _ _ _

f - I_.. _ - - -_- - -- . - - * - - -- - __ - -- A-. - - __Ad- -- - _ ___.c. _- - I- --I_)Y

>-I* 1956 T.N. Act XX vII] Registration of ~rh!ctiioners 635 of Integrated Medicine. -

s member of the medical profess1 on sl~all, i n liall Tamil Nadu Acts] and i n all Central Acts in their appli- cation to the 2[Ftate of Tamil Nadu] in so f2r as such Acts relate to any of i he matters specified in Lisl I1 or List

3 1 ' I11 ia the Ssventh Schedule to i he Constitution, be deemed. to include a regi :fiered practl t i onc ;.

(2) Bxcept with the sanct on of i he Governmen*, no one other ihan a regi st ered practiti O~LI. shall be competent t o hold any appointment as physician, surgeon or other medical officer in any hospital, dispensary, asylum, infirmary or 1 yi ng-in-hospi. a1 of i ndigenous or i ni egrat ed medicine, .

mai nt d ned or aided by the Government or a local autho-

rit y or' both and not supported entirely by volunj ary

contributions.

. ? i; &.it 3 , % . ., hi -,.a - \ , ; Cr; <.=@*' (3) Not wi thstandj ng anythi ng contained i n subseciion , - ,q$

(2) ofsectipn 4 of the a[Tamil Nadu] Medical Registmion , :*%?

Act, 1914 (a[Tam~l Nadu] Act l V of 1914), all registered, : . practitioners shall be competent to hold any appoi ntment ;- as physician, surgeon or 0'1 her mediccl c ~ E c e ~ in-cin~t.itu- .

ti ons of mod t rn mr dicine or as Medical Officer of- Healt hi,

which are open to registered practitioners as 9 defiq@$,

i n t he Tam. 1 NaGu Medical Registra i on.Act, 1914 (a[Tanli'l ' r3 Nadu Act IV of .1914), and subject ro such condiliones as - . * may e prescribed.

5. (1) No aci of the Board or of any person acii ng' ab President or member of 'L he Board shall be decmed I o be

illvalid by reason only of any defect in the cons'it u! ion of the Board or on .t 11e ground r hat I he Presid enSi or member

L -- ..-- ----

IThese words wen: substitutcd , for the words "all Acts ,of the' ]Legislature of thc State of Tamil Pladu" by paragraph 3(1) of, and

the Schedule to, the Tamil Nadu Adaptation of Laws Order; l,WO,' which was deemed to have come illto force on thy 14th January 1969. The expression "State of Tamil N a d ~ " having bcon earlier substituted

for the expression "State of Madras" by the Tamil N a d ~ Adaptation of Laws Order, 1969, as amended by thr Tamil Nadu Adaptation

cf b w s (Second Amendment) Order, 1969. 2Thib expresion was substitttod for the exgr~3sion "State of Madras " by the Tamil Nadu Adaptation UP Laws Order, 1969, as amended by the Tamil Nadu Adaptation of h w s (Second Amend- ment) Order, 1969.

8These words were substitutcd for the WOI d "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by !:-:

Tamil Nadu Adaptation of Laws (Second Amendment) C . -lor, 1969,

5

636 ~ e ~ i s t ratioi~ of i'rutit ioneu [I956 1 . N . Act %tfl of ?at egrai ed A'A~~,~L i t

of the Board 1 /as not entitled to hold or continue in such oface by reason of any ~iisqualificalion or% by

reason of ally irregularity or illegality in his nomina- tion or election, or by reason of such act having been done' during the period of any vacmcy in the

oflice of President or member of the Board.

(2) Every meeting of the Board 1 he minutes of the proceedings at which have beell signed as laid dowlli nthe

rules and by-laws nlad e under sect, on 15 sllnll be deemed t o have been duly convened and I o bc Srec fi.0111 all defects and i rregularit y.

~{cgisttrar 6. (1) The Board shall appoinl n Registrar who shr.11I I

anti other act as Secretary of the Board. and who shall also act as

oflm*tieasurer unless the Board appoints another person as i

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I

treasurer. i

(2) The Board may also appoint such other officers and sei ,.--ts as i t may deem necessary for i he purposes of ;his Act.

(3) The Registrar or any other officer or servant appointed undert his ?ec: ion shall be decrncd t o be a public servant within the meardllg of sec:io~i 21 of the Indian

. Penal Code (Cenl ral Act XLV of 1860).

,~eg&ter. 7. (1) It shall be the duty of the Registrar ro keep a -

register of registered pract;tioners and, from time to time, to revise the register and .publish it in the preshibed

manner,

(2) The register shail be deemed to be a public docu- ment within the meaning oft he Indian Evidence Act, 1872 (Central Act I of 1872).

(3) The name of any registered pracf itioner who is

dead or whose name i g directed to be removed from the register under sec ti on 10 shall be removeci from the regi st er; For this purpose, i nformation regarding t he death of regi

tered practitioners shall be furnished to the Registrar by such of8cers, in suc5 form a* in such manner, as may be preaori bed.

_̂------

.-e. - . m . _ . . - - - .- - - -- <

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. - -- - ---. -- ----_<-__

L._ _ _ _.__ _ _ .)r

- US6 i EN. Act XXVn] Regtstratim of Practit toner4 637 of Integrated Medicbe

J

8. Every person who possesses t he diploma ,f i centi ate Rewration. .in Integrated Medici lie or the diploma of Graduate of the

Collep of Xnt egrat ed Medicine, grallt ed by the Board of ' Exminers i n Iniegrat ed Medi cine, sha 11, on payment of a

fee of fifteen rupees and onfurni shi ng t o t he Registrar proof

of his qualification for registration, bc entitled to have his

mme registered in the register:

Provided that the Board may refuse to permit the regis- - tration of any pgson who hqs bsen col~victed of any offence

which, in the opinion of. the Board, implies a defect cf i character discntitling him to be registered or who, after anI inquiry at which opportunity has been givzn to-the candi-

,

date to bp heard in person or by pleader, has been held by

the Board to havc bzen guilty of professional misconduct..

) .

9. *A registered practitioner shall, on payment of a fee ~rrtrp of

. 'of rupees five, be entitled to have entered in the register additional

any further diplomgs or degrees in intrgrat which be may obtain.

s*flO. (1) The Board may, if it sees fit and after giving Alt due notice to thf: pxson concerned and inquiring into.his objections, if any, order that any entry in the regista ,

Which shall be proved to the -satisfaction of the Boaid

to have been fraudlently or incorrectly made or brought '8bout, be canc:elled or amhded .

, (2) (i) The Board may direct the r

or for a speoified period fro& the reg

of; s ny registered practitioner, for the

rwhicb registration map be refused by

s&ion 8 and the proviso theieto shall appl

under +this section: . I : -.

p - ? : t . - , .. *.I ,

prbv-iddd thatthe name- of. a register :shall no$ be removed from theiregister on his association ni ~ n y professionrl' re h l i f i d .practidmet of any other oys - qu, ',, **th & unregistered praotitione~ if

i .+ * r ..I 4. .. 1 practitioner- ' , . , . / q:e+l L ~ : ~ . ~

; ! -< , sr=*- , '*? h tr_ . (a) p&kssd the .iu iiifications nece

as a r egstered . ~actitionm 1 and

7

I

638 Registration oj' Prtrctitioners of [I956 : T.N. Act XXMl Integrated ki~dicipxe

(6) is not s pxson wlwsc immc the Board has

refused to register 11 nder the proviso to sectio118 or whO& name the Bomd h9.s ~~cmovzd from t ha register under this sub-section.

BxpIaization.-Th- expression "quslified pr;..ctitioncrS'

sh211, for the pilrposc of this proviso, mean a pract'b tionw qualified t u ~ d cr rules made hjt t hc Government in t his b e b If.

(ii) The Board m?.y also direct t b t any name so ' removed shall b,: restored.

(3) Nothing ig sub-section (2) shqll relieve s regis-

tered prcctitiona of any oblig3tions or code of ethics which m,y b~ imposed upon registered practitioners

generally by the Board.

(4) Any registered practitioner may make an ap&

cation to the Board for the deletion of his name from the ' register and t ht Board may, on S I L G ~ application and su ~ j e o t

r . . . to such rules as may be mAde by the Government, direct

. a * , I * . such deletion. Any such prfictilioner m ~ y apply for fresh

. . I < E registration under section 8. 1[10-A (1) Notwithstanding anything contained in this

Act, the Board may, by order in writing amand the regis-

. /,?x '.. , $er by deleting therefrom the name of any pason who

-: <-al a by reason of the alteration of boundaries under the Andha wovisiGfdr .; Pradesh and MRdras (Alteration of Boundirries) Act, amending the

', . regrster., 1959 Act 56 of1959), has ceased to reside or prac- tise. in the SIState of Tamil Nadu] :

. Provided t hat the Board may, before passing an order, make such inquiry as it deems necessary.

(2) Any person aggrieved by an order under s t ~ b

section (I) may appeal to such authority and within such time, as may b~ specified in thts belt?If by the Government and such authmity shall pass SUch order on the appesl

. as it thinks fit.

(3) An order of the Board under sub-seotion

(I), or where an aml has been preferred against it under

sub-seotion (2), the or$rr of the appellate autho~ity,

sb.U be anal. :* -.- --r-, -- --

AThis faction was inserted by paragraph 3 o f , and. ttle Schedule to, the Madras Adaptation of Laws Order, 1961, which was dsemcd to have come into force ,311 t h ~ j 1st April 1960,

a~his expression was substituted for thc: expredsioll *'State of Madras " by the Tamil Nadu Adaptation of Larvs Order, 1969, as amended by the Tmi l Nadu Adaptation of Laws (S@mnd bmondmeat) Order, 1%9,

w-

8

I

. ) * - . ' ' 1956; ''T.N. ~ct.?&YlI] ~dg.istrcition o f Practitio of Integrated Me

i' . * (4) The 'pro.visions of this scction shall beas& to - be i n force from such date as t h c may,: by ' notification, appoint]. *

. r= n . , 4. r

. 11.. Any person 'who possesses the diploma of Licentiate in Indigenous Medicine, or a diploma of Graduate of the

:Y CoUege..of Indigenous Medicine. :granted by the Board of ggz

Examiners in Indigenous Medicine . or a diploma A t of demed ,O . :

Licentiate in Indian Medicine, or a dip *I oma of Graduate be equivalmt->:

of the College of Indian Medicine granted by the Board of to Diploma .' ') Examiners in Indian Medicine] shall be deemed to possess of Intesated '- . - the.dip1oma of Licentiate in Integrated Medicine or, as Medicine].

the case may be, the diploma of Graduate of the College of Integrated Medicine granted by thz Roard of Examiners

. in Integrated Medicine for all the purposes of - this Act.

12. No act done in the exercise of any power conferred Jurisdiction

by or under this Act on the Govern;nent or the Board or oi civil

' the Registrar shall be questioned in any Civil Court. . Courts. . , . .

13. If at any time it shall appear to the Government Control by

that the Board has neglected to exercise or has exceeded or ~ov2rnment*

abused any power conferred upon it under this Act, or has neglected to perform any duty imposed upon it by this Act, the Government may notify the partic.ulars of such nt&lect. excess .qr abuse to the Bo.3,rd and, if the BoaJ fails to remedy such negloci, excess ot' abuse, within such time as

may be fixed by the Goverr ment i n this behalf, the GoveInment may, for the purpose of remedying such negtect, excess or abuse, cituso any or all of the powers' and , duties of the Board to be exercised and pel f a me& 'by such agency and fcr such period as .the Gover ilmen t may think 'fit, a

-14. Every person who falsely pretecds to be a registered PeDalty for . practitioner, whether any person is actually deceived by falsely

such pretence or not, shall, on conviction, be liable to be gretmdjng to

be a registered punished with fine* which may extend to three hundred ionere

rupees..I,. . - --

i This marginal heading was suhstituted for the original ~ ~ a ~ g i ; , , i heading by section 3(1) of the Tamil Nadu Registration of Practi- tioners of Integrated Medicine (Amendnlent) Act, 1971 (Tamil Nadu ~ c t 3.6 of 1971), which was deemed to have corne into force on the 28th November 1956.

2 These words were inserted by section 3(2) of the Tamil Nadu Registration of Practitioners of Integrated h4edicine (Amendment) ~ c t , 1971 (Tamil Nadu Act 36 c f 1971), which was aeemed to have come into force on the 28th Novembr 1956.

9

640 Registration of Prcrctitioners [I956 : T.N. Act X XVPI of Integrated Medicine

Powlr to 15. (1) The Government may make rules for the purpose mzkz rules of carrying out the psovisions of this Act. or by-laws.

(L;) In particular and without prejudice to the genera-

-1ity of the foregoing provision such rules may provide-

(a) for the qualifications of the mcmbers of the Board ;

(b) for the election of members to the Board ;

(c) for the term of office of the elected and nominab .,ed members of the Board ;

(d) for the circumstances in which il member of t h ~ , I f 8 & * .

Board shall be deemed to have vacated his fieat; I i . .> . . -, ' (e) for the procedt~re to be followed for filling up a

. .

vacancy when the seat of any member of the Board

* t 6 _ . Jmornes vacant ;

Cf) for the election of the President of the Board or of any other person peesiding over the Board and the term

-of office of the Pre iident ;

(g) for the procedure at meet i ilgs of the Board ;

(h) for the institution, hearing and disposal of appeals, for the authorities competent to hold enquiries

and hear appeals and the procedure to be followed i

' such inquiries ;

s, . *

. . ( i ) for the compilation and publication of the

Y 1

, .I . register 8 . ; i 7 " '

> i

? +. -&i *@! -% + . 0) for the disposal of the fws rtcaived under this . . I . c a t q r : : , ~ , JAct, ;

f:"f.i:e":.',, r

, :** , ,

(k) for all matters expressly required or allowed by this Act to be prescribed.

(3) The Board may, with the previous sanction of the aovernment, make bylaws--

(a) for the convel~tn~ of meeting of the Board ;

( b ) for the conduct of business at such meeting ;

(c) for the appointment and control and the fixation of pay and allowances'of the officers and s e r v a n t s q r s f w .* to in section 6 . -.

10

19% : T.N. Act. XXVD] Registratiori of Prdctifioners #i 0fbtegrrrt tdMedicine .

(4) The power to make rules ugdrr this Act shall be subject to the condition of previous pvblication.

*

(5) All rules indde under fhis Act shall, as soon as

possible atier they are illade, se placed on the. table of .

both' the Houses of the Legislature and shall be subject to such modifications whether by way of repeal or amena- . merit as the Legislative Assembly may make within four- teen days , on which the Legislative Assembly actually sits either in the same session or in more thau :onla - , .

session.

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