THE TRAVANCORE-COCHIN MEDICAL PRACTITIONERS ACT, 1953
Preamble:- whereas it is expedient to regulate the qualifications and provide for the registration of practitioners of modem medicine, homeopathic
medicine and indigenous medicine a view of encourage the study and spread of such medicines and to enact a law relating to medical practitioners generally in the State of Travancore - Cochin:
It is hereby enacted as follows:¬
PART-I
PRELIMINARY
1. Short title, extent and commencement:-
(1) This Act may be called the Travancore-Cochin Medical Practitioners
Act, 1953.
(2) It extends to the whole of the State of Travancore-Cochin.
(3) This section shall come in to force at once; and the remaining
provisions of this Act shall come into force on such date
of dates as the Government may, by notification in the Gazette
appoint.
2. Definitions:- In this Act, unless there is anything
repugnant in the subject or contcxt,
(a). "Council" means, in relation to matters peliaining to
modern medicine, the Council of Modern Medicine, in relation
to matter peliaining to Homeopathic medicine, the Council
of Homeopathic Medicine, and in relation to matter pertaining
to indigenous medicine the Council of Indigenous Medicine,
established under Section 3;
(b). "Homeopathy" means the system of medicine, founded by
Dr. Hahenmann and the expression "Homeopathic" shall be construed
accordingly;
(c). "Hospital", "asylums", "infirmaries", "dispensaries",
"clinics", "surgeries", "lying-in hospital", "sanatoria",
"nursing homes", vaidyasalas", "dharmasalas", and other cognate
expressions means institutions where the methods of treatment
carried on are those which are approved by the appropriate
Council;
(d). "indigenous medicine" means the Ayurvedic medicine, the
Siddha medicine and the Unani Tibbi medicine whether supplemented
or not by such modern advances as the Council of Indigenous
Medicine may, from time to time, recognize;
(e). "medical school or college" means any institution where
teaching or training in the art and science of healing for
human ailments according to modem medicine, homeopathic medicine
or indigenous medicine is imparted;
(t). "modern medicine" means the allopathic system of medicine.
(g). "practitioner" means any person, ordinarily engaged in
the practice of modem medicine or indigenous medicine, as
the case may be;
(h). "president" means the president of the appropriate council;
(i). "qualified practitioner" means a practitioner holding
a recognized qualification;
(j). "recognized qualification" means qualification enumerated
in the schedule;
(k). "register" means a register of practitioner maintained
under this Act'
(1). "registered practitioner" means a practitionr whose name
is for the time being entered in a register;
(m). "registrar" means the Registrar of the appropriate council appointed under Section 19;
(n). "regulation" means regulations made by the appropriate
council appointed under Section 19;
(0). "rules" means the rules made by the Government under this
Act;
(p). "Schedule" means the Schedule to this Act.
PART-II
ESTABLISHMENT OF COUNCILS
3. Establishment, incorporation and constitution of councils:-
(1 ) The Government shall by notification in the Gazette,
establish the following three councils:
(a). The Council of Modern Medicine.
(b). The Council of Homeopathic Medicine; and
(c). The Council of Indigenous Medicine.
Each such council shall be a body corporate, and have perpetual
succession and common seal and shall by the said name sue
and be sued.
(2). (i). The Council of Modem Medicine shall consist of the
following nine members:¬
(a). The Surgeon-General, ex-officio member;
(b). One member elected by the Faculty of Medicine, University
of Travancore, from among themselves;
(c). One member elected by the teachers of the Medical college,
Trivandrum from among themselves;
(d). Four members, one from each Revenue district, elected
by the registered practitioners of modern medicine of that
district from' among themselves; and
(e). Two members nominated by the Government.
(ii). In making nominations under clause (I) (e), the Government
shall have due regard to the claims of women, of medical mission
and of other groups of practitioners, representatives of whom
have not been elected by the electorates referred to in clauses(I)
(b) (I) (c) and ( d).
(3). The council of Homeopathic Medicine shall consist of
the following five members:
(a). Four members, one from each Revenue district, elected
by the registered practitioners of Homeopathic Medicine of
that district from among themselves; and
(b). One member nominated by the Government.
(4). The Council of Indigenous Medicine shall consist of the
following
(a). One member elected by the Faculty of Ayurveda, University
of Travancore, from among themselves;
(b). One member elected from among themselves by the teachers
of
(i). The Ayurveda College, Thiruvananthapuram
(ii). The Ayurveda Bhooshana Section of the Sanskrit College,
Tripunithura; and
(iii). The Madhava Ayurveda College Ernakulam
( c). Four members, one from each Revenue district elected
by the registered practitioners of Ayurvedic medicine of that
district from among themselves;
(d). One member elected by the registered practitioners of
the Ayurvedic grant-in-vaidyans from among themselves;
(e). Two members elected by the registered practitioners of
Siddha medicine from among themselves;
(f). One member elected by the registered practitioners of
Unani Tibbi medicine from among themselves;
(g). One member nominated by the goyemment from among the
registered practitioners of Indigenous medicine;
Provided that, if there are not at least twenty-five registered
practitioners in the Ayurvedic medicine of the Siddha medicine
or the Unani Tibbi medicine, the Government shall nominated
a member in respect of that medicine from among the registered
practitioners of that medicine and the member so nominated
shall, for the purposes of this Sub-Section, be deemed to
have been duly elected.
(5). Notwithstanding anything contained in Sub-Section 94,
the Government may, by notification in the Gazette, direct
that the Council of Indigenous Medicine shall consists of
less than eleven members if there are to qualified registered
practitioners in the Ayurvedic medicine or the Siddha medicine
or the Unani medicine Tibbi medicine to be elected from among
them.
4. Nomination of members in default of election- If
any of the members
mentioned in clause (I) (b), (I) (c) or (I) (d), of sub-section
(2) or in clause (a) of sub-section (3) or in clause (a),
(b), (c), (d), (e), or (f) of sub-section (4) of Section 3
is not elected, the Government may nominate such qualified
registered practitioner as they may deem fit; and the practitioners
so nominated shall, for
the purpose of this A~ deemed to have been duly elected under
clause (I) (b), (I) (C), or (I) (d) of sub-section (2) or
clause (a) of sub-section (3) or clause (a), (b), (c ), (d),
(e) or (f) of sub-section (4) of Section 3 as the case may
be.
5. Qualification of members - Every member of a council
shall be a registered practitioner and the holder of a recognized
qualification.
6. Nomination of members of first councils - Notwithstanding
anything contained in Sections 3, 4 and 5 in the case of the
first councils, all the members other than the ex-officio
member shall be nominated by the Government: Provided that
the members so nominated shall be holders of recognized qualifications.
7. Disqualifications for membership - A person shall
be disqualified for . being elected or nominated as, and for
being a member of council,
a. If he has not attained the age of maturity;
b.If he is an undischarged insolvent;
c.If he is of unsound mind and stands so declared by competent
court, a deaf mute or leper;
d.If he has been. punished by the appropriate councilor by
the Travancore Medical Council in any manner for infamous
conduct in the profession or if he is dismissed from service
under arty Government;
e.If his name has been removed from the appropriate register
maintained under this Act and has not been reinstated;
f. If having been elected under clause (I) (b) of Sub-Section
(2) of Section 3, he ceases to be a member of the Faculty
of Medicine, University of Travancore;
g. If having been elected under clause (I) (c) of Sub-Section
(2) of Section 3, he ceases to be a teacher of the Medical
College, Trivandrum;
h. If having been elected under clause (a) of Sub-Section
(4) of Section 3, he ceases to be a member of the Faculty
of Medicine, University of Travancore;
i. If having been elected under clause (b) of Sub-Section
(4) of Section (3) he ceases to be a member of the teaching
staff to the Ayurveda College, Trivandrum or of the Ayurveda
Bhushana Section of the Sanskrit College, Tripunithura or
of the Madhava Ayurvada Collee, Ernakulam;
j. If having been elected under clause (d) of Sub-Section
(4) of Section 3, he ceases to be an Ayurvedic grant-in-vaidyan.
8. Term of office of member:- (1) Save as
otherwise provided in this Act, the term of office of the
members other than the ex-officio member shall
(a). In the case of the first council, be for a period of
two years commencing from the date on which the first meeting
of such council is held; and
(b). In the case of any council other than the first council,
be for a
period of five years fr~he date on which the first meeting
of such
council is held.
(2). An outgoing member shall continue in office until the
elected
or nomination, as the case may be, of his successor.
(3). An outgoing member shall be eligible for re-election,
if otherwise qualified.
9. President and Vice-President:- (1)
Each Council shall elect one of its members to be its President
and also another member to be its VicePresident:
(2). The president shall be deemed to have vacated his office
on resignation or on the expiry of term of office as -a member
or on .his.otherwise ceasing to be member.
(3).The Vice-President shall be deemed to have vacated his
office
(a). On resignation or on the expiry- of his term of office
as a member or on his otherwise ceasing to be member; and
(b).On his election as a President.
(4).When the office of the President is vacant, the Vice-President
shall exercise the functions of the President until a new
President assumes office.
(5). When the office of the President is vacant or the President
is incapacitated and there is either a vacancy in the office
the Vice-President ofVice-President is incapacitated, the
Registrar shall after giving notice of not less than seven
clear day to the members in that office, and until a new President
or Vice-President is elected and assumes office, or either
the President of the VicePresident recovers from his
incapacity, as the case may be, the surgeon-General shall,
notwithstanding anything contained in this Act, be ex-officio
member and President of the council.
(6). An outgoing President or Vice-President is eligible for
reelection if otherwise qualified.
Explanation- A new president or Vice-President shall
be deemed to have assumed office on his being declared elected
as such.
10. Vacancies:- If a vacancy occurs in the office
of a member of a council through death, resignation, removal
or disability of such member of otherwise, previous to the
expiry of the term of his office, the vacancy shall be filled
in the manner prescribed by rule. Any person elected or nominated
to fill the vacancy shall, notwithstanding anything contained
in Section 8. hold office only so long as the member in whose
vacancy he is elected or nominated would have held office
if the vacancy has not occurred:
Provided that it shall be lawful for a council to exercise
its powers under this Act, notwithstanding such vacancy.
11. Appointment to be notified in the Gazette-
All election, nominations and appointments of the President,
Vice-President, members, of each council 'and the Registrar
shall. be notified in the Gazette
12. Cessation of membership:-
A member of a council shall be deemed to have vacated
his seat. a. On the expiry of the term of office:
b. On resignation
c. On absence with out excuse sufficient in the opinion of
the appropriate council from three consecutive meetings of
such council; or
d. On becoming subject to any of the disqualifications mentioned
in section 7.
13. Resignation of Membership:- Any
member or Vice-President may at any time resign his office
by giving notice in writing to the President; the President
may resign his office by giving notice in writing to the appropriate
council. Such resignation shall take effect in the case of
a member or Vice-President from the date on which it is received
by the President and in the case of the President from the
date on which it is placed before the council.
14. Validity of Proceeding - (I). No disqualification
of or defect in the election or nomination of any person acting
as a member of a councilor as president or Vice-President
or presiding member of a meeting shall be deemed to invalidate
any act or proceedings of such council in which such person
has taken part.
(2). No Act done by a council shall be deemed to be invalid
in the ground merely of the existence of any vacancy in or
any defect in the constitution of such council.
15. Time and place of meeting of council:-
Each council shall meet at such time and place and every
meeting of such council shall be summoned by such person and
in such manner as may be prescribed by regulations:
Provided that until such regulations are made, it shall be
lawful for the President to summon a meting of such council
time and place as be may deem expedient by letter addressed
to each member.
16.President at meetings of council and procedure there
at:-
(1). Every meeting of a council shall be prescribed over by
the President: his absence by the Vice-President; and in the
absence of both the President and the VicePresident,
by a member chosen by the meeting to preside for the occasion.
(2). The President shall preserve order and shall decide all'
po.ints of . order, at or in convection with meetings. There
shall be no discussion on any, point of order and the decision
of the President on any point of order shall be final.
(3). The Vice-President or member presiding for the occasion
shall, for that meeting and during the period that he presides
over it, have all the powers of the President.
(4). All questions at a meeting of a counci] shall be decided by the votes of the majority of the members present and voting at the meeting. Five members shall form a quorum except in the case of Council of Homeopathic Medicine for which the quorum shall be three. If within half an hour from the time appointed for the meeting there is no quorum, the meeting shall stand adjourned to the some day in the following week at the same time and place, and it at the adjourned meeting half an hour from the time appointed for the meeting, the members present shall form a quorum.
(5). At every meeting of the council, the president shall,
in addition to his vote as a member of the council, have a
second casting vote in case of an equality of votes.
17. Payment of fees and allowances:-
There shall be paid to the President, Vice-President
and other member of such fees and allowances for attendance
in connection with the meetings of the councilor of any committee
thereof and such traveling allowances as shall, from time
to time, be proscribed by rules.
18. Executive Committee:- Each
council shall have power to appoint an Executive Committee
and other Committees from among its members and to delegate
to such committee such of the powers and duties vested in
the council ad the council may deem fit, other than those
provided by Section 19 and 21.
19. Registrar:-
(1). The Government shall after consulting each council appoint
a Registrar who shall be the Secretary to such council. He
shall also be the Secretary to the committee appointed under
Sub-Section (1) of Section 21. The Registrar shall receive
such salary and allowances as may be prescribed by rules.
The Government may grant him leave and may appoint a per son
to act in his place.
(2). Subject to such rules as may be prescribed each council
shall have
power to punish the Registrar. Any order of such council punishing
the Registrar shall not take effect without the previous approval
of the Government.
(3). Each council may appoint or employ such other officers
and servant as it may deem necessary for the purposes of.
this Act:
Provided that the number and designations of such officers
and servants. and their salaries and allowances shall be subject
to the previous approval of the Government.
(4). The method of recruitment and the conditions of service
such as pay, allowances, promotions, leave, pension, gratuity
and provident fund relating to the officers and servants appointed
or employed under Sub-Section (3) shall be governed by the
rules applicable to officers and servants of the Government
of similar class.
(5). All officer and servants appointed or employee under
Sub-Section (3) shall be under the direct control and supervision
of the Registrar. The powers of the Registrar to punish, dismiss,
discharge and remove any such officer or servant shall be
governed by such rules as may be framed by the Government
in this behalf.
9 (6). All officers and servants appointed or employed under
Sub-Section (1) and (3) shall be deemed to be public servants
within the meaning of Section 21 of the Indian Penal Code.
20. Duties of Registrar:- (1). Subject to the
provisions of this Act and subject to any general or special
order of the appropriate council, it shall be the duty of
the Registrar to keep the registers.
(2). There shall be separate registers for modern medicine,
homeopathic medicine, Ayurvedic medicine, Siddha medicine
and Unani Tibbi medicine. The registers shall be in such form
and shall contain such particulars as may be prescribed by
rules. Each register shall be decided into two Parts, A and
B; A containing the names of practitioners holding recognized
qualifications and the names of practitioners holding appointments
under the Government at the commencement of this Act, and
Part B containing the names of those registered by virtue
of clause (ii) of Sub-Section 23.
(3). The Registrar shall keep the registers correct in accordance
with the Provisions of this Act and the rules and regulations
made thereunder, and shall remove from the registers the names
of registered practitioners who are dead or whose names are
directed to be removed from the registers under Section 28,
33 and 34.
(4). For the purpose of this section, the Registrar may write
by registered post to any registered practitioner at the address
which is entered in the register to enquire whether he has
ceased to practice or has changed his residence, and if no
answer is received to the said letter within six months, the
Registrar may remove the name of the said practitioner from
the register;
Provided that the appropriate council may, on 'the application
of the said practitioner, direct that his name be re-entered
in the register, if it is satisfied that the said practitioner
has not ceased to practice.
(5). The registers shall be deemed to be public documents
under Section 74 of the Indian Evidence Act.
21.Framing of regulations and procedure for amendment
thereof'- (1). As soon as the first council
is formed, the council of Modern Medicine and the Council
of Indigenous Medicine shall each appoint a committee of five
members and the Council of Homeopathic Medicine shall appoint
a committee of three members. The Registrar and the Secretary
to Government in charge of the Health Section shall be ex-officio
members of each committee. Three members shall form the quorum
for each committee. (2). The Committee shall draw up
the regulations under this Act. All regulations framed by
the committee shall. be placed before the appropriate council
for its consideration and with the modifications, if any,
made by such council, shall be submitted to the Government
for approval.
(3). It shall be competent to each council to delete, add to, modify or after all or any of the regulations. A proposal for such deletion, addition, modification or alteration shall not be taken into consideration unless twenty ¬five or more registered practitioners petition such council and demand the same. Such changes shall not be deemed to have been effected by such council unless not less than seventy-five percent of the members present at the meeting of such council vote in favor of the same.
22. Default of Council:- (I). If at any time it shall appear to the Government that a council has failed to exercise or has exceeded or abused any of the powers, confined on it by or under this Act, the Government may, if it considers such failure, excess or abuse to be of a serious character notify the particulars thereof to such council and if such council fails to remedy such default, excess or abuse, within such time as the Government may fix in this behalf, the Government may dissolve such council and cause all or any cause all or any of the power and duties of such council to be exercised and performed by such person and for such period as it may think fit and thereupon the funds and property of such council shall vest. in the Government for the purpose of this Act until a new council shall have been constituted under section 3.
(2). When the Government have dissolved a council under Sub-Section
(1), it shall take steps as soon as may be to constitute a
new council under Section 3; and thereupon the property and
funds referred to in Sub-Section (1) shall vest in the council
so constituted.
REGISTRATION
23. Eligibility for registration:- (1).
Subject to the provisions of Sub-Section
(2) and (5),
(i). Every holder of a recognized qualification and every
practitioner holding appointment under the Government at the
commencement of this Act, and
(ii). Every person who, within the period of one year or such other longer period as may be fixed by the Government from
the date on which this Act come into force, prove to the satisfaction
of the appropriate council that he has been in regular practice
as a practitioner for a period of not less than five years
preceding the first day of April 1953.
Shall be eligible for registration under this Act.
Provided however that no practitioner shall be registered
under clause (ii) after the expiration of one year, or such
other longer period as may be fixed by the Government, from
the date on which this Act comes in to force.
(2). Application for registration under clause (ii) of Sub-Section
(1) shall produce a certificate in Form-I as set forth in
the schedule. The certificate shall be from an office or the
Revenue Department not below the rank of a Tahsildar of any
other person authorized by the Government in this behalf.
(3 ). "The Government may, after consulting the appropriate
council,permit the registration of any person who shall furnish to such council proof that he is possessed of a medical degree,
diploma or certificate of any University, medical school or
college approved by such council other those mentioned in
the schedule .
(4). The Government shall have power to direct the registration
of any practitioner who, at the time of registration under
this section, is employed in a hospital, asylum, infirmary,
clinic, surgery, lying-in-hospital, sanatorium, nursing home,
dispensary vaidyasala or dharmasala managed by any. corporate
body.
Provided however that no such practitioner shall be registered
under this Sub-Section after the expiration of one year, or
such other longer period as may be fixed by the Government,
from the date on which this Act comes into force.
(5). No person shall be eligible for registration under Sub-Section
(1), Sub-Section (3) or Sub-Section (4) if he is subject to
any of the disqualifications mentioned in clause ( a) to (e)
of Section- 7.
24. Registration fee:- (1). An application
for registration under this Act shall in Form-II as shall
in Form-II as set forth in the schedule accompanied by a fee
of Rupees 20.
(2). Every registered practitioner who applies to the Registrar
for registration in respect of any additional recognized qualification
shall pay a fee of Rupees 5.
(3) If the appropriate council directs the registration of the applicant the Registrar shall enter the name of the applicant in the appropriate register and issue his certificate in such form and containing such particulars as may be prescribed by rules.
(4) Nothing in sub-section (1) or sub-section (2) shall be
deemed to apply to any person whose name has been registered
for the primary or additional recognized qualification, as
the case may be under any enactment for the registration of
practitioners in any State in India, if the said enactment
provides for the registration of persons registered under
this Act without payment of any fee or on payment of a smaller
fee for the primary or additional recognized qualification,
as the case may be.
(5) Any practitioner not register under this Act or to whom
sub-section (4) does not apply but registered in any other
State in India shall obtain the previous permission of the
appropriate council for practicing as a medical practitioner
in the State on payment of such fee as may be prescribed by
rules.
25. List of practitioners as on 1 st April 1953. The
registrar shall prepare and keep a list called list of persons
in practice on the first day of April 1953.
(2) Every person not being a person qualified for or entitled
to registration under this Act who within a period of one
year, or such other longer period as may be fixed by the government,
from the commencement of this Act, proves to the satisfaction
of the Registrar, that he has been in regular practice in
the State on the first day of April 1953 of modern medicine,
homeopathic medicine, Ayurvedic medicine, Siddha medicine
or Unani Tibbi medicine shall be entitled to have his name
entered in the aforesaid list on payment of Rs. 10:
Provided however that any person whose name has been removed
from the registers maintained under the Travancore Medical
Practitioner Act, 19 or the registers maintained under any
Act, of a State Legislature in India of the registrar of any
country where he was formerly practicing for in famous conduct
in a professional respect, shall not be entitled to have his
name entered in the list.
(3). The provisions of sub-sections (3) and (4) of section20,
section 27 and section 33 shall mutatis mutandis apply to
the list referred to in sub-section (1)
26. Practitioners registered under the. Travancore
Medical Practitioners Act,19
(1) Every practitioner registered under the Travancore Medical
Practitioners Act, 19 shall be deemed to be a practitioner
registered under this Act if at the commencement of this Act,
his name stands entered in the appropriate register maintained
under the said Act, and every certificate of registration
issued to every such practitioner shall be deemed to be a
certificate of registration issued under his this Act.
(2) The Registrar shall, as soon as may be after the commencement
of this Act, enter in the appropriate registers the names
of such practitioner as are referred to in sub-section (1)
without an application and without payment of any fee.
27.Application for registration (1) All application
for registration under section 23 shall be sent direct to
the Registrar
(2)The Registrar shall place all application under this section
before the committee of the appropriate council appointed
for the purpose for its report.
(3)The report of the committee under sub-section (2) shall
be placed before the appropriate council for its decision.
28. Removal from registers by council (1) The name.
of any person who become subject to any of the disqualification
mentioned in clause (b) to (d) of section 7 shall be liable
to the removed altogether Or for a specified period from'
the register:
Provided that the appropriate council may, on sufficient cause
being shown, direct that the name of the practitioner so removed
shall be re-entered in the register.
(2) The name of no practitioner shall be removed from the
register on the ground of' his association in any professional
respect with an unregistered practitioner for consultation
if such unregistered practitioner is possessed of any recognized
qualification.
29. Removal from registers on application:- (I) Any
practitioner registered under this Act, may make an application
to the appropriate council for the removal of his name from
the register of practitioners and the council may on such
application direct such removal.
Provided that no application from such practitioner for the
removal of his name from the register shall be considered
during the pendency of any disciplinary proceedings against
him or incase any disciplinary proceedings are contemplated
against him, until such proceedings are dropped or commenced
and concluded:
(2) A practitioner whose name has been removed from the register
under subsection (1) may, on application being made and
on payment of such fee as may be prescribed by rules, get
himself re-registered, if he is at that time eligible for
registration under this Act.
30. Annual list of practitioners:- (1) The Register
shall in every year on or before the date to the fixed by the
appropriate council, cause to be published in the Gazette
a full or appointers list of the names and
qualifications of all practitioner registered under this Act,
and the dates when such qualifications were acquired.
(2) The Registrar shall, from time to time cause to be published
in the gazette the names of such practitioners which have
been duly removed under any of the provisions of this Act.
(3) In any proceeding it shall be presumed that every
person whose name is entered in the list published under sub-section
(1) is a registered practitioner and that any person whose
name is not so entered is not a registered practitioner.
Provided fact in case of a person whose name has been entered in the" register after the publication of the list a certified copy signed by the Registrar of the entry of the name of such person in the register shall be evidence that such person is registered under this Act, Such certificate shall be issued free of charge.
31. Disability:- (1) No practitioner registered, other
than a qualified registered practitioner, who has not undergone
a course of practical training in surgery of obstetrics under
modern medicine to the satisfaction of the appropriate council
shall practice surgery or obstetrics.
(2)No practitioner registered shall follow any other profession
without the sanction of the appropriate council so long as
his name continues in the register.
32. Privileges.( 1) Notwithstanding anything contained
in any law for the time being in force.
(i) The words "legally qualified medical practitioner"
or duly qualified medical practitioner" or any word or
words imparting a person recognized by law as a medical practitioner
or member of the medical profession when used in any enactment
for the time being in forcer in the State shall be construed
to mean a qualified registered practitioner.
(ii) No certificate required by law to be given by a medical
practitioner shall be valid unless it is signed by a practitioner
registered in Part A of the register;
(iii) No person other than qualified registered practitioner
shall be eligible to hold after one from the commencement
of this Act, any appointment as a physician, surgeon, vaidyan
or other medical officer in any dispensary, hospital, infirmary,
clinic, surgery; lying-hospital, sanatorium, nursing home,
vaidyasala, dharmasala or other similar institution.
Provided that this clause shall not been deemed to operate
against a register practitioner no being the holder of
a recognized qualification, who at the commencement
of this Act holds any such appointment.
(2)Any person who, not being eligible to hold any appointment
referred to in clause (iii) of sub-section (1) holds any such
appointment shall, on conviction be punishable with fine which
may extend to fifty rupees.
(3) Whoever, after having been convicted under sub-section
(2) continues to hold any such appointment shall, on conviction
be punished for each day after the previous date on conviction
during which be continues to hold the appointment with fine
which may extend to twenty rupees.
33. Appeal to the council from the action of the Registrar:-
(I) Any person aggrieved by the action of the Registrar regarding
any entry n the register may' register may appeal to the appropriate
council.
(2) Such appeal shall be heard and decided by the council
in the manner prescribed by regulations.
(3) The appropriate council, may of its own motion, or on
the application of any person, after such inquiries as the
council may deem fit to make and after giving an opportunity
to the person concerned of being heard, cancel or alter any
entry in the register, if in the opinion of the council, such
entry was fraudulently or incorrectly made.
34. Acieration of register by Government:- The Government
may, after giving due notice to the person concerned and to
the appropriate council and after inquiry into his objections,
if any, order that any centre in the register which shall
be proved to the satisfaction of the Government to have been
fraudulently or incorrectly made or brought about be cancelled
or amended.
35.Appeal to Government from the decision of the council:-An
appeal shall lie to the Government from every decision of
a council under sections 24,27,28 and 33. Such appeal shall
be preferred within three months from the date on which notice
of the order of the council was issued in such manner and
subject to such conditions as may be prescribed by rules.
36. Rules:- (1) The Government may, after previous
publication, make rules to carry out all or any of the purposes
of this Act. Not inconsistent therewith
(2) In particular and without prejudice to the generality
of the foregoing power, the Government may make rules
(a) With reference to all matters expressly required or allowed
by this Act
to be prescribed by rules:
(b) With reference to the elections of President and Vice-president
or members including election petitions and deposits to be
made by candidates standing for election as members and the
conditions under which such deposits may be forfeited
Provided that the deposit required shall not exceed fifty
rupees. .
(c) As to the manner in which vacancies shall be filled
under section 10.
(d) As to the fees and other allowances' payable to the President, Vice¬ President and the other members of
each council under section 17.
(e) AS to the salary, allowances and other conditions
of service of the' Registrar under section 19.
(f) AS to the powers of the Registrar to punish the
officers and servants appointed or employed under section
19. .
(g) As to the form of the registers and the particulars
to be entered therein under section 20.
(h) As to the application of the fees and other amounts
received under this Act.
(i) As to the form of the certificate to be issued under
section 24 and the particulars which it shall contain.
(J) As to the procedure relating to appeal to the Government from the decision of each council under section 35.
(k) As to the furtherance of any of the objects of each
council.
(L) All rules made under this section shall be published in the Gazette.
37. Regulations. (1) Each council may, with
the previous sanction of the Government make regulations not
inconsistent with this Act or the rules made there under for
all or any of the following matters, namely.
(a) The time and place at which the council shall hold
its meetings and the manner in which such meeting shall be convened and held.
(b) The procedure relating to appeals against the action
of the Registrar under section 33 .
(c) All other matters which may be necessary for the
purposes of carrying out the objects of this Act.
(2) All regulations made under this section and duly
confirmed by the Government shall be published in the Gazette.
(3) The Government may, by notification in the Gazette,
cancel any such regulations
PART III
MEDICAL PRACTITIONERS GENERALLY
38. Persons not registered under this Act, etc.
not to practice. No person other than (i) a registered practitioner
or (ii) a practitioner whose name is entered in the list or
practitioners published under Section 30 or (iii) a practitioner
whose name is entered in the list mentioned in Section 25
shall practice or hold himself out, whether directly or by
implication, as practicing modern medicine, homeopathic medicine or ayurvedic medicine, siddha medicine or unani tibbi and
no persons who is not a registered practitioner of any such
medicine shall practice any other medicine unless he is also
a registered practitioner of that medicine.
Provided that the Govell1ment may, by notification in the
Gazette, direct that this section shall not apply to any person
or 'class or persons or. to any' specified area in the State
where none of the three classes of practitioner mentioned
above carries on medical practice.
Provided further that this section shall not apply to a practitioner
eligible for registration under this Act, who, after having
filed the application for registration, is awaiting the decision
of the appropriate council or of the Government in case of
appeal.
Provided also that this section shall not apply to a practitioner
eligible for registration under this Act until the period
prescribed for application under Section 23 expires.
39. Penalty:- Any person who acts in contravention
of section 38 shall, on conviction, be punishable with fine
which may extend to Rs. 100 for the first offence, and to
Rs. 500 for every subsequent offence after his conviction
for such first offence.
40. Authority to confer title:- The right of conferring, granting or issuing in the State of Travancore Cochin degrees, diplomas, licenses, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice modern medicine homeopathic medicine or ayurvedic medicine, siddha medicine or unani tibbi medicine shall be exercisable only by an authority, body or institution mentioned in the Schedule.
41.Prohibition of conferment, etc., of degree etc. -
(1) Save as provided by Section 40, no person shall confergrant
or issue or hold himself out as entitled to confer, grant,
or issue any degree, diploma, license, certificate or other
document stating or implying that the holder grantee or recipient
thereof is qualified to practice modem medicine, homeopathic
medicine, ayurvedic medicine, siddha medicine or unani tibbi
medicine.
(2) Whoever contravenes the provisions of sub-section (1)
shall on conviction be punishable with fine which may extend
to Rs. 1,000 and if the person so contravenes is an association,
every member of such association who knowingly or willfully
authorizes or permits the contravention shall, on conviction
be punishable with fine which may extend to Rs. 100
42. Penalty for unauthorized use of titles etc., implying
medical qualifications:- (1) No person shall add to his name any title, letters or abbreviations which imply that he holds a degree, diploma, license or certificate as his qualification to practice modem medicine, homeopathic medicine, ayurvedic medicine, siddha medicine or unani tlbbi medicine, unless.
He actually holds such degree, diploma, license or certificate and .
(b) Such degree, diploma, license or certificate
(i) Is recognized by any law for the time being in force in
the State of Travancore-Cochin.
(ii) Has been conferred, granted or issued by an authority
referred to in
Schedule or
(iii) Has been recognized by the Medical Council of India.
(2) Whoever contravenes the provisions of sub-section (1)
shall be punishable, in the case of a first conviction with
fine, which may extend to Rs. 250, and in case of a subsequent
conv.iction, with fine which may extend to Rs. 500.
43. Penalty for falsely assuring or using medical titles:- Whoever will fully and falsely assumes or uses any title
or description or any addition to his name implying that he
holds a degree, diploma, license or certificate conferred,
granted or issued by any authority referred to in section
40 or recognized by the Medical Council of India or that he
is qualified to practice modern medicine,homeopathic medicine,
ayurvedic medicine, siddha medicine or unani tibbi medicine
shall be punishable with fine which may extend to Rs. 250
for the first offence and to fine which may extend to Rs.
500 for ever subsequent offense.
44. Prosecution:- Whenever a council is of the opinion
that the prosecution of any person for breaches of any of
the provisions of this Act is necessary, such council may,
by resolution recommend to the Government the institution
of such prosecution, and the Government may thereupon authorize
in writing any officer to initiate such prosecution.
45. Jurisdiction of Magistrate:- (1) No court inferior
to that of a Magistrate of the First Class shall try any offence
punishable under this Act.
(2) No court shall take cognizance of any offence under this
Act, except on a complaint in writing of an officer empowered by the Government in this behalf.
46.Jurisdiction of civil courts barred:- No Act due
in exercise of any power
conferred by or under this Act on the Government a council,
the executive committees, or the Registrar shall be questioned
in any civil court.
PART IV
MISCELLANEOUS
Alteration of list of recognized qualification mentioned in the Schedule: If it shall appear to the Government
on the report of the appropriate councilor otherwise, that
the course of study and examinations prescribed by any of
the medical schools or colleges or bodies conferring the qualification
described in the schedule are not such as to secure the possession
by persons obtaining such qualifications of the requisite
knowledge and skill for the effect practice of their profession,
or if it shall appear to the Government, on the report of
the appropriate councilor otherwise, that the course of study
and examinations prescribed by any medical school or college
or body conferring a qualification not entered in the schedule
are such as to secure the possession by persons obtaining
such qualification of the requisite knowledge and skill for
the efficient practice of their profession, it shall be lawful
for the Government from time to time by notification in the
Gazette, to direct that the possession of any qualification
entered in the Schedule shall not entitle any person to registration
under this Act, 01: to direct that the possession of any qualification
not entered in the Schedule shall subject to the provision
of this Act, entitle a person to the registered, as the case
may be, and the Schedule shall thereupon be deemed for all
purposes to be altered accordingly
47 A. Medical Practitioner registered under the Madras Medical
Registration Act, 1914 to be deemed registered under this
Act. - Notwithstanding anything contained in this Act any
person.
(i) registered under the Madras Medical Registration Act,
1914 and holding any appointment or practicing in the district
of Malabar or the Kasargod Taluk immediately before the first
day of November, 1956;or
(ii) registered on or after the first day of November 1956
under the said Act as applied to the district of Malabar.
Shall so long as such registration continues in force, be
deemed to be registered in Part A of the Register
for Modern medicine maintained under this Act.
48. Appeal:- The Travancore Medical Practitioners Act. 19 (VII of 19) is
hereby
hereby
THE SCHEDULE RECOGNIZED QUALIFICATIONS
A.Qualification for Modem Medicine
1.Any medical degree or diploma granted by:
(i) The University of Travancore or the University of Kerala
(ii) University established by an Act of Parliament.
(iii)Any other University in India recognized by the Government
(iv)State Medical Faculty of Bengal
(v)College of Physicians and Surgeons of Bombay.
(vi)Board of Examiners, Medical College, Madras
2.All qualification recognized under Indian Medical Council
Act, 1956
3.D.M.S. Kerala
B. Qualification for Homoeopathic Medicine
1. Certificate or Diploma granted by:
(i) The Calcutta Homeopathic Collage and Hospital
(ii) The Bengal Allen Homeopathic Medical Collage and Hospital
(iii) Pratap Chandran Memorial Homeopathic Collage and Hospital
(iv) The Dunham Homeopathic Medical Collage and Hospital
(v) Hen'ing Homeopathic Medical Collage and Hospital (upto
1943)
(vi) The Regular Homeopathic Medical Collage (upto 1943)
(vii) The Standard Homeopathic Medical Collage (upto 1943)
(viii) The Central Homeopathic college (upto 1943)
2.All qualification which maybe recognized by this Government
or the Government of any State in India for purposes of registration.
3.Diploma granted by General Council and state Faculty of
Homoeopathic Medicine West Bengal.
4.L.M & S. (M) of type College of Physicians and Surgeons,
Calcutta (up to 1920)
5.Diploma awarded by the Board of Examiners in Homoeopathic
Medicine (D.H.M.) Kerala.
6.L.R.C.H.P. of the Royal College of Homoeopathic Physicians,
Ernakulam from 1952-53 to 1966-67.
C.Qualification for Ayurveda and Sidda Medicine
1.Certificate or diploma granted by:
(i) The University of Travancore or the University of Kerala
(ii) His Highness the Maharaja's Ayurvedic College, Trivandrum,
or the Government of Travancore-Cochin
(iii) The Government Ayurveda College, Tripunithura.
(iv) The Benares Hindu University, Benares
(v) The Mysore Government Ayurvedic Vidyalaya, Mysore
(vi) The Madhava Ayurveda College Ernakulam.
2.The L.I.M. Diploma in Ayurveda granted by the School of
Indian Medicine Madras.
3.The qualification Ayurveda Siromani awarded by the University
of Madras.
4.The Ayurveda Bhooshana Certificate granted by the Board
of Public Examinations of the erstwhile State of Cochin from
1114 M.E onwards.
5.The Vaidya Padam Diploma granted by the Kerala Ayurveda Mahapatasala Shorannur
6.The Arya Vaidya Diploma granted by the Arya Vaidya Patasala, Kottakkal.
7.The Vaidya Vibhooshanom Diploma granted by the Madhava Memorial
Ayurveda College, Cannanore.
8.The certificate High Proficiency in Ayurveda (H.P.A) granted
by the Post Graduate Training Center in Ayurveda Jamnagar.
9.The Certificate Visha Vaidya Training, grante~ by the erstwhile
Government of Cochin.
10.The Certificate 'Sastra Bhooshana-Ayurveda of the Government
Ayurveda College Tripunithurn.'
.
11.The D.I.M. & S. Diploma granted by to Board of Indigenous
Medicine constituted by the Government of Ceylon.
12.Diploma or certificate in Siddha Medicine recognized by
the Government of Madras.
13.Diploma or certificate in Siddha Medicine granted by the
All Travancore Siddha Vaidya Sanghom, Munchira up to the last
day of may, 1947.
14.Certificate of competence- Visha Vaidya awarded by the
Government of Kerala.
D.Qualifications for Unani Tibbi Medicine.
Certificate or Diploma in Unani Tibbi Medicine (i) Government
of Madras
(ii) The Tibbi College, Delhi
(ii) The Tibbi college Delhi
(iii) The Aligarh University
FORMS |
FORMS-1 |
CERTIFICATE OF FIVE YEARS PRACTICE REFERRED TO IN SECTION 23 (2) |
Office of the -----------------------
Dated------------------------------- |
On the basis of the records in this Office or facts known after due inquiry.
I Certify that Sri----------------------------- -----has been shown or proved as following the occupation of a practitioner of the-------------------------------- medicine for not less than five years as shown below: |
(a) |
At 1 |
(b) |
from----------------to--------------------- |
| |
2 |
|
from----------------to--------------------- |
| |
3 |
|
from----------------to--------------------- |
|
1.The date of birth of the applicant
2. Present occupation of the applicant
3. Father's name and occupation
4. Other occupations (if any) of the applicant. |
Signature
Designation |
(a) Here enter the name or names of the place or places where
the applicant is shown of practicing of having practiced.
(b) Here enter the dates showing the beginning and termination
of practice in each place
N.B. (1) The certificate should bear the date stamp of the
office of issue, if any
(2) The printed wording in the certificate should not be altered.
(3) Other occupations to be noted in this column are other
occupations followed during the periods of practice noted
above. |
|
|
