GOVERNMENT OF TAMIL NADU

TAMIL. NADU GOVERNMENT GAZETTE EXTRAORDINARY

No. 269, CHENNAI MONDAY, MAY. 12, 1997
Chithirai 29, Isvara Thiruvlallur Aandu - 2028
Part IV — Section 2

Tamil Nadu Act and Ordinances.

• No. 34 of 1997-Town Nadu Siddha System of Medicine

(Development Registration of Practitioners) 109-124
The following Act of the Tamil Nadu Legislative Assembly received
the assent of the Governor on the 10th May 1997 and is hereby
published for general information :-
ACT No. 34 OF 1997.
An Act to provide for the development of the Siddha system of
medicine and for the registration of practitioners of Siddha medicine in
the State of Tamil Nadu and for matters connected therewith and
incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil
Nadu in the Forty-eighth Year of the Republic of India as follows :—
CHAPTER I.
PRELIMINARY
1. (1) This Act may be called the Tamil Nadu Siddha System of Short title extent and
Medicine (Development and Registration of Practitioners) Act, commencement.
1997.
(2) It extends to the whole of the State of Tamil Nadu.

(3) it shall come into force on such date as the Government may, by
notification, appoint and different dates may be appointed for
different provisions of this Act.

2, In this Act, unless the context otherwise requires, — Definitions

(1) “commencement of this Act”, in relation to any provision of this
Act, means the date of the coming into force of that provision;

(2) “Council” means the Tamil Nadu Siddha Medical Council

established under section 4;

(3) “Government” means the State Government ;

(4) “hospital”, “asylum”, “infirmary”, “dispensary”, “lying-in-hospital”

or “sanatorium” means an institution where the methods of
treatment is carried on in Siddha medicine and which are
approved by the Council ;

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 (5) “member” “means a member of the Council and includes the
President ;

(6) “modern medicine” means modern scientific medicine

commonly known as allopathic medicine in all its branches
and includes surgery and obstetrics but does not include
veterinary medicine and surgery ;

(7) “practitioner” means any person engaged in the practice of

Siddha medicine ;
(8) “President” means the President of the Council nominated
under sub- section (1) of section 6 ;
(9) “register” means the register of practitioners maintained
under sub-section (1) of section 19 ;
(10) “registered practitioner” means a practitioner whose name
is for the time being entered in the register ;

(11) “Registrar’’ means the Registrar of the Council appointed

under sub- section (1) of section 15 ;

(12) “regulations’’ means the regulations made by the Council

under this Act ;

(13) “rules” means the rules mace by the Government under this
Act :

(14) “Schedule” means the Schedule to this Act ;

15) “Siddha medical institution” means any college or institution

providing courses of study or training in Siddha system of
medicine for admission to the examinations for degrees,
diplomas, titles or certificates specified in the Schedule ;
(16) “Siddha medicine” means the system of medicine founded by
Siddhars ;
(17) “University” means any University in India established by
law and having a faculty of Siddha medicine.

CHAPTER II.
ESTABLISHMENT OF SIDDHA MEDICAL INSTITUTION.

New Siddha medical institution 3. (1) No person shall establish any Siddha medical institution
not to be established without except with the prior approval of the Council and the
approval of Council and Government:
Government. Provided that the approval of the Government under this
sub-section shall be given only after the Council has given its
approval.
(2) Nothing contained in sub-section (1) shall apply to the
Siddha medical institution established by the Government.

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(3) (a) Every application for approval of the Council under sub-section (1)
shall be made in such form, with such particulars and in such
manner as may be prescribed in the regulations.
(b) Every application for approval of the Government under sub-
section (1) shall be made in such form, with such particulars and in
such manner as may be prescribed.

(4) Notwithstanding anything contained in sub-section (1), any Siddha

medical institution established before the date or commencement of
this Act and is in existence on the date of such commencement shall be
deemed to have been approved by the Council and by the Government
under this section.
CHAPTER III.
ESTABLISHMENT OF COUNCIL
4. (1) The Government shall, by notification, establish for the State of Tamil Establishment of
Nadu a Council called the Tamil Nadu Siddha Medical Council. Council
(2) The Council shall be a body corporate,. shall have perpetual
succession and a common seal, shall have power to acquire, hold and
dispose of property (both movable and immovable) and to contract
and shall sue and be sued by the said name.
5. (1) The Council shall consist of the following members, namely :— Constitution of
Council
(a) the Secretary to Government in-charge of Health and Family
Welfare, ex-officio ;
(b) the Director of Indian Medicine and Homoeopathy, ex-officio;
(c) the Heads of the Government Siddha Medical Colleges, ex-
officio;
(d) the Head of the Central Research Institute (Siddha), Chennai,
ex-officio;
(e) one member elected from among themselves by the registered
practitioners who possess any of the qualifications specified in
Part 1 of the Schedule;
(f) two members elected from among themselves by the
registered practitioners who possess any of the qualifications
specified in Part II of the Schedule ;
(g) four members elected from among themselves by the
registered practitioners who, possess any of the qualifications
specified in Part III of the Schedule ;
(h) six members elected from among themselves by the registered
practitioners who possess the qualification specified in Part IV
of the Schedule ;
(I) one member elected from among themselves by the _
registered practitioners who possess the qualification
specified in Part V of the Schedule ;

(j) one member elected from among themselves by the teaching

staff of the Siddha Medical Institution who are registered
practitioners ;

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 (k) three members nominated by the Government from among
the registered practitioners ; and
(l) one member nominated by the Government from among the
eminent Tamil Scholars Who have rendered service for the
development of Siddha system of medicine.

(2) Save as otherwise provided in this Act, the term of office of

the elected and nominated members shall be five years from
the date of his election or nomination, as the case may be
and shall be eligible for re-election or re-nomination.

(3) If for any reason, the Secretary to Government in-charge of

Health and Family Welfare or the Director of Indian
Medicine and Homeopathy, is unable to attend any meeting
of the Council, he may depute any officer of his department
not lower in rank than that of Deputy Secretary to
Government or, as the case may be, Medical Officer to
attend such meeting. The Officer so deputed shall have the
right to take part in the proceedings of the Council and shall
have the right to vote.

President 6. (1) There shall be a President for the Council who shall be
nominated by the Government from among the members
of the Council.

(2) The President shall hold office so long as he continues to

be a member of the Council.
(3) The President shall exercise such powers and perform
such duties as may be prescribed.

Constitution of first Council 7. Notwithstanding anything contained in this Chapter, the

by Government by Government shall constitute the first Council by nominating
nomination. its members including the President and the Council so
constituted shall hold office for such period not exceeding one
year from the date of its constitution as may be specified by
the Government:
Provided that the first Council constituted under this section
shall cease to function as soon as a Council is constituted in
accordance with the provisions of’ this Act and the rules.

Disqualification for 8. No person shall be eligible for being elected or nominated as a

membership member if he—
(1) Is not ordinarily a resident in the State of Tamil Nadu.
(2) is not a registered practitioner, except in the case falling
under clause (1) of sub-section (1) of section 5;
(3) is an applicant to be adjudicated as an insolvent or is an
discharged insolvent ; ‘
(4) is of unsound mind and Stands so declared by a competent
court ;
(5) has been sentenced by a criminal court to imprisonment for
any offence involving moral turpitude;

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(6) is a paid employee of the Council ; or
(7) has not completed twenty-five years of age.

9. A member shall be deemed to have vacated his office, — Cessation of membership

(1) on sending his resignation in writing to the President; -
(2) on his absence, without excuse sufficient in the opinion of the
Council, from three consecutive meetings of the Council ;
(3) on his ceasing to ordinarily reside in the State of Tamil Nadu
for twelve consecutive months;
(4) on removal of his name from the register;

(5) on his applying to be adjudicated, or on his being adjudicated,

as an Insolvent;:
(6) on his being declared to be of unsound mind by a competent
court;
(7) on the expiry of the term of office mentioned in sub-section
(2) of section 5;
(8) on-his being sentenced by a criminal court to imprisonment
for any offence involving moral turpitude; or
(9) on his becoming a paid employee of the Council.
10. (1) The Government may, by order in writing , remove any Removal of member
member if , in the opinion of the Government, such
member is guilty of gross misconduct in any respect,
professional or otherwise, which renders him unfit to be a
member,
(2) No member shall be removed under sub-section (1) without
being given an opportunity of making his representation. A
copy of the order removing him shall be communicated to
him.
11. (1) Any casual vacancy in the office, of an elected or a Filling up of casual
nominated member shall be filled up by election or vacancies
nomination, as the case may be, in accordance with the
provisions of section 5:
Provided that no casual vacancy in the office of an
elected member occurring within six months before the date
of the expiry of the term of office of the member shall be
filled except with the previous sanction of the Government :
Provided further that any casual vacancy in the office of
a nominated member occurring within six months before the
date of the expiry of the office of the member may, if the
Government deem fit, be kept unfilled,
(2) A member filling a casual vacancy shall hold office so long as
the member in whose place he is elected or nominated would
have been entitled to hold office if the vacancy had not
occurred.
12. (1) There shall be an Executive Committee of the Council Executive Committee
consisting of—
(a) the President, ex-officio; and

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 (b) Four members elected from among themselves by the
members of the Council at the first meeting of the Council,
in the manner prescribed.
(2) Every member of the Executive Committee shall hold
office so along as be continues to be a member of the
Council.
(3) Any casual vacancy in the office of a member of the
Executive Committee shall be filled up by the Council by
electing a member of the Council and the member so
elected in the casual vacancy shall hold office for the
residue of the term for which the person in whose place
he is elected would have been a member of the Executive
Committee.

(4) The Council may, in accordance with the rules and with
the previous sanction of the Government, delegate any of
its powers or functions to the Executive Committee.

Powers of Council 13. (1) The Council may –

(a) establish Siddha medical institution with the approval of
the Government ;
(b) give approval to establish Siddha medical institution
and to withdraw such approval with the previous
approval of the Government ;
(c) grant aid to Siddha medical institution ;
(d) direct the governing body or the authority in-charge of
any Siddha medical institution, the establishment of
which has been approved by the Council, to furnish within
such period as may be specified in such direction, such
reports, returns or other information as the Council may
require to judge the efficiency of such institution ;
(e) inspect Siddha medical institution and also hospitals and
dispensaries, asylum, infirmary, lying-in-hospital and
sanatorium ;
(f) recommend to Government the opening of new hospitals
and dispensaries ;
(g) prescribe and publish text books for the courses provided
by the Siddha medical institution ;
(h) evolve norms for standardization of Siddha medicine;
(i) make regulations for the manufacture and sale of Siddha
Medicine ;
(j) unearth various Siddha medicine and formulations kept
secret by hereditary practitioners and popularize them ;

(k) formulate the aims and patterns of research on Scientific

lines in Siddha medicine;

(l) undertake any research or research oriented programme;

(m) propagate the research activities and their results in

Siddha medicine both at national and international levels ;

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(n) procure rare and esoeteric cudgeon leaf literature, old
manuscripts and rare printed books in Siddha medicine
and undertake their publications and documentation ;
(o) make, regulations for the conduct of its Meetings ;
(p) suggest new courses of study and to make regulations for
such courses ;
(q) receive grants, donations, gifts and endowments:
(r) incur such expenditure, adopt such measures and do such
acts as may be necessary for the furtherance of the
powers and functions mentioned in this section ;
(s) prescribe by regulations the standards of professional
conduct and etiquttes and code of ethics to be observed
by a registered practitioner; and
(t) promote activities and research in the development of
medicinal herbs and minerals.
(2) The Council shall perform such other functions as the
Government may direct for carrying out the purposes of
this Act.
14. (1) The Council and the Executive Committee shall meet at Meetings of Council and
such time and place, and every meeting of the Council Executive Committee.
or the Executive Committee 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 meeting of the
Council or the Executive Committee at such time and
place as he may deem expedient by Letter addressed to
each member of the Council or of the Executive
Committee.
(2) All questions at any meeting of the Council or the
Executive Committee shall be decided by a majority of the
members present and voting and in the case of equality of
votes, the President or the member presiding shall have
and exercise a second or casting vote :
Provided that in the case of equality of votes at an
election, the choice shall be by casting lots.
(3) The members of the Council and the members of the
Executive Committee shall be paid such daily and
travelling allowances as may be -prescribed.
15. (1) (a) The Council shall appoint a Registrar who shall Officers and other servants of
be,— Council
(I) the Secretary to the Council ;
(ii) the Treasurer to the Council unless the Council appoints
another person as Treasurer; and
(iii) the Secretary to the Executive Committee ;

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 (b) The Council may, at any time, remove the Registrar from office
by a resolution passed at a special meeting convened for the
purpose and by a majority of not less than two-thirds of the
members present and voting :
Provided that before taking any action under this clause
to remove the Registrar, he shall be given an opportunity of
making his representation ;
(c) The appointment of Registrar under clause (a) or his removal
from office under clause (b) shall be subject to the approval of
the Government and shall not take effect until such approval
has been given.

(2) When any temporary vacancy occurs in the office of the

Registrar or if the Registrar is, by reason of absence, illness or
for any other reason, unable to exercise the powers and
perform the duties of his office, his powers and duties shall be
exercised and performed by such person and in such manner
and for such period, not exceeding three months, as the
President may direct.
(3) The Council may also appoint such other officers and servants
as it may deem necessary for the performance of its function
under this Act.
(4) The remuneration and other conditions of service of the
Registrar and other officers and servants of the Council shall
be such as may be specified by regulations.

Central Act XLV of 1860 (5) All officers and servants of the Council including the Registrar
appointed under this section shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal
Code.
16. If at any time it appears to the Government that the
Control by Government
Council has neglected to exercise or has as exceeded or abused
any power conferred upon it by or under this Act or has
neglected to perform any duty imposed upon it by or under
this Act, they may notify the particulars of such neglect, excess
or abuse to the Council and issue such directions as may be
necessary to rectify such neglect, excess or abuse, within such
time as may be specified in this behalf. If the Council fails to
rectify such neglect, excess or abuse within the time specified,
the Government may, for the purpose of rectifying such
neglect, excess or abuse, cause any of the powers and duties of
the Council to be exercised and performed by such person or
authority for such period as the Government may deem fit.
Inquiry by Special 17. (1) Notwithstanding anything contained in section 16, the
Officers. Government may appoint a Special officer, who is, or has been,
or is qualified to be appointed as a District Judge, to inquire any
neglect, excess or abuse referred to in section 16 and refer to
him the particulars of such neglect, excess or abuse for inquiry.
The Special Officer shall conduct the inquiry in a summary
manner and report to the Government as to the truth of the
particulars referred to him and in case of any such neglect,

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 excess or abuse being found by the Special Officer to have been
established, the Special Officer shall recommend the remedial
measures which are in his opinion necessary.
(2) The Government may direct the Council to carry out the remedial
measures recommended by the Special Officer within such time as
may be specified in the direction. If the Council fails to comply with
any such direction, the Government may pass such orders or take
such action as they deem necessary ‘to give effect to the
recommendation of the Special Officer.
(3) The Special Officer shall have power to administer oaths and to
Central Act V of
enforce the attendance of witnesses and the production of
1908
documents and such other powers as are necessary for the purpose
of any inquiry to be conducted by him, as are exercised by a civil
court under the Code of Civil Procedure, 1908.
CHAPTER IV
REGISTRATION: OF PRACTITIONERS.
18. (1) Subject to the other provisions of this Act,—
Registration of
(a) every person who possesses any of the qualifications specified in the Practitioners
Schedule ; or
(b) every person who does not possess any of the qualifications
specified in the Schedule, but possesses any of the qualifications
recognized by the Council, shall be entitled to have his name entered
in the register maintained under sub-section (1) of section 19.
(2) Every application for registration under this Act shall be sent to the
Registrar together with such fee not exceeding two hundred and fifty
rupees as may be prescribed in the rules and with such proof of
qualification for registration as may be prescribed by the Council by
regulations.
(3) Notwithstanding anything contained in sub-section (i), the Council
may refuse to register any person who has been convicted of any
offence which, in the opinion of the Council, implies a defect of
character disentitling him to be registered or who, after an inquiry at
which opportunity has been given to him to be heard in person or by
pleader, has been held by the Council to have been guilty of infamous
conduct in any professional respect.
(4) Every registration under sub-section (1) shall be inforce for a period
of five years and may, subject to the provisions of sub-section (5), be
renewed for a period of five years at a time.
(5) Every application for renewal of registration under sub-section (4)
shall be made within such time and with such fee, not exceeding
twenty five rupees, as may be prescribed and the provisions of this
Act shall, as far as may be, apply in relation to the renewal of a
registration as they apply in relation to registration.
19, (1) There shall be maintained a register in separate Parts for each of Register of
the following Classes of practitioners, namely :— practitioners and its
maintenance.
(i) practitioners who possess any of the qualifications specified in
Part I of the Schedule and registered under this Act ;

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 (ii) practitioners who possess any of the qualifications specified
in Part II of the Schedule and registered under this Act ;
(iii) practitioners who possess any of the qualifications
specified in Part III of the Schedule and registered under
this Act;
(iv) practitioners who possess, the qualification specified in Part
IV of the Schedule and registered under this Act;
(v) practitioners who possess the qualification specified in Part
V of the Schedule and registered under this Act; and
(vi) practitioners who possess any of the qualifications specified
in Part VI of the Schedule and registered under this Act.
(2) The register maintained under sub-section (1) shall be in such form
and shall contain such particulars as may be prescribed.
(3) The Registrar shall Keep and maintain the register referred to in sub-
section (1) in accordance with the provisions of this Act and the rules
and the order of the Council and to revise the register from time to
time and publish it in such manner as may be prescribed.
(4) The register maintained under sub-section (1) shall be deemed to be a
public document within the meaning of the Indian Evidence Act, 1872.
20. (1) Any registered practitioner may apply to the Registrar in such Alteration of register
manner and with such fee, not exceeding one hundred rupees, as
may be prescribed, for registration under a new name or in respect
of any additional qualification obtained subsequent to the
registration under this Act.
(2) Every application under sub-section (1) shall be considered in such
manner as may be prescribed and the entry made in the register in
respect of the applicant shall be amended or, as the case may be,
cancelled and new entry made in the appropriate Part of the
register.
21. (1) Every person whose time has been entered in the register shall be Certification of
issued a certificate of registration in such form as may be registration
prescribed,
(2) Where it is Shown to the satisfaction of the registrar that the
certificate of Registration issued under sub-section (I) has been list
destroyed or Mutilated, the Registrar may, on Payment of such fee,
not exceeding fifty rupees, as may be prescribed, issue a duplicate
certificate thereof.
22. (1) The Council may, subject to the rules, if it is satisfied that any entry
in the register has been made fraudulently or incorrectly, after
giving notice to the person concerned and after hearing his
objections, if any, order that such entry in the register be cancelled
or amended, as the case may be.
(2) (a) The council may, after giving the registered practitioner an
opportunity of making his representation, direct the removal,
altogether or for a specified period, from the register, of the name
of the registered practitioner if -

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(i) he has been convicted of any offence which implies in the opinion of
the Council a defect of character ; or
(ii) he has been held by the Council to have been guilty of infamous
conduct in any professional respect ; or
(iii) he has not renewed his registration under sub-section (4) of section
18.
(b) The Council may, subject to the rules, direct that any name so
removed shall be restored on application from the person concerned.

3) (a) The Council may, subject to the rules, direct the deletion from the
register of the name of any registered practitioner if -
(i) the registered practitioner is dead ;
Provided that the information regarding. the death is furnished by
such officer, in such form; and in such manner, as may be prescribed ;
(ii) the registered practitioner has made an application for the deletion of
his name from the register.
(b) Any practitioner whose name has been deleted from the register under
clause (a) (ii) may apply for fresh registration under sub-section (1)
of section 18.
(4) Whenever the name of any registered practitioner is directed to be
removed or deleted from the register by the Council, it may publish or
cause to be published the fact of such removal or deletion in such
manner as it deems fit.
23. (1) Any person aggrieved by an order of the Council under sub-section Appeal
(3) of section 18 or under section 22 may appeal to the Government.
(2) Every appeal under sub-section (1) shall be preferred within
three months from the date of the receipt of the order appealed
against ;
Provided that the Government may allow further time not exceeding
three months for preferring any appeal, if they are satisfied that the
appellant had sufficient cause for not preferring the appeal in time.
(3) In disposing of an appeal under this section, the Government
may, after giving the Appellant an opportunity of making his
representation, pass such order thereon as they may deem fit.
(4) The order of the Government on such appeal shall be final.
(5) The Government may, pending the exercise of their powers
under this section, pass such interlocutory order as they may
deem fit.
24. (1) Any inquiry under sub-section (3) of section 18 may be held by the Procedure for
Council or by a Committee consisting or three members of the Council inquiries
elected from among its members for the purpose. The Council or the
Committee, as the case may be, may at its discretion, hold such inquiry
in-camera. When the inquiry is held by a Committee, it shall make a
report to the Council which shall pass orders under sub-section (3) of
section 18.

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Central Act of 1872 (2) For the purpose of any inquiry under section 18, the Council or the
Committee referred to in sub-section (1) shall be deemed to be a court
Central Act XXVI 1850 within the meaning of the Indian Evidence Act, 1872 and shall exercise
Central Act XXVI 1850 all the powers of a Commissioner appointed under the Public Servants
(Inquiries) Act, 1850 and such inquiries shall be conducted, as far as
may be, in accordance with the provisions of section 5 and 8 to 20 of
the Public Servants (Inquiries) Act, 1850.
25. Notwithstanding anything contained in any law for the time being in Privileges of
force — registered
(1) a certificate required by law to be given by a medical practitioner shall practitioners
be valid, if it is signed by any registered practitioner belonging to such
class of registered practitioners as may be specified by the
Government from time to time and

Central Act X of 1897 (2) the expression “legally qualified medical practitioner” or “ duly
qualified medical practitioner “ or any word or expression importing
reference to a person recognized by law as a medical practitioner, or
as a member of the medical profession, shall, in any provincial Act as
defined in clause (46) of section 3 of the General Clauses Act, 1897 or
in any State Act as defined in clause (59) of the said section 3 or in any
Central Act in its application to the State of Tamil Nadu, in so far as any
such Act relates to any of the matters specified in List II or List III in
the seventh Schedule to the Constitution, be deemed to include a
practitioner registered under section 18.
CHAPTER V
PENALTIES
26. (1) Notwithstanding anything contained in any law for the time being in Prohibition of practice
force – in Siddha Medicine by
(a) no person other than a person registered under section 18 shall person not registered.
practice Siddha medicine ;
Explanation— For the purpose of this clause—
(i) (A) a person who holds himself out as being able to, or who by any
advertisement, demonstration, exhibition or teaching offers or
undertakes, by any means or method whatsoever, to diagnose, treat
or operate according to Siddha medicine, or to give Siddha medicine
for any ailment, disease, injury, pain, deformity or physical condition
or prescribes Siddha medicine or other remedy according to Siddha
system of medicine shall be deemed to practise Siddha medicine;
(B) “advertisement” includes any word, letter, notice, circular, picture,
illustration, model, sign play board and board or other document any
announcement made orally or by any means of producing or
transmitting light, sound, smoke or other audible or visible
representation ;
(ii) a person who –
(A) mechanically fits or sells lenses, artificial eyes, limbs or other
apparatus of appliances ; or
(B) is engaged in the mechanical examination of eyes for the purpose of
constructing or adjusting spectacles, eye-glasses or lenses; or

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(C) practices physiotherapy or electrotherapy or chiropody or
naturopathy or hydropathy or Yogic healing; or
(D) does domestic administration of family remedies ; or
(E) being registered under the Dentists Act, 1948 limits his practice to the
act of dentistry : or
(F) being a nurse, midwife, health visitor, or auxiliary nurse-midwife
registered under the Tamil Nadu Nurses and Midwives Act, 1926, or a
dhai attending to labour cases, shall not be deemed to practice Siddha
medicine.
(b) no person other than a registered practitioner, unless authorized by
the Government in this behalf, shall be entitled to—
(i) sign or authenticate a birth or a death Certificate or a medical or a
physical fitness certificate or any other certificate required by any
law to be signed or authenticated by a duly qualified medical
practitioner;
(ii) give evidence at any inquest or in any court of law as an expert
under section 45 of the Indian Evidence Act, 1872 on any matter
relating to medicine surgery or midwifery;
(c) except with the special sanction of the Government, no person other
than a registered practitioner shall hold any appointment as
physician, surgeon or any other office (by whatever designation
called) in any hospital, asylum, infirmary, dispensary, lying-in-
hospital, sanatorium or other similar institution dealing with Siddha
medicine or with Siddha and modern medicines.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to one
year jail with fine which wav extend to one thousand rupees or with
both.
27. (1) No person other than—
Conferring granting
(a) a University; or or issuing colourable
imitation of degrees,
(b) an institution established by the Council : or diplomas, etc., to be
an offence.
(c) an authority empowered or recognised as competent by the
Government to confer, grant or issue any degree, diploma, licence,
certificate, or any other like award entitling the holder thereof to
practice Siddha medicine,
shall confer, grant or issue or hold himself as entitled to confer,
grant or issue any degree, diploma, licence, certificate or any other
like award which is identical with, or is a colourable imitation of,
any degree, diploma, licence, certificate or award conferred,
granted or issued by a University, an institution or an authority
referred to in clauses (a), (b) or (c) and purports to entitle the
holder thereof to practice Siddha medicine.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable— ;

(I) for the first offence, with fine which. may extend to one thousand
rupees; and

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 (II) for the second or any subsequent offence, with imprisonment for a
term which may extend to six months or with fine which may extend
to two thousand rupees or with both.
Prohibition against 28. (1) No person shall add to his name any title, description, letter or
addition of any title abbreviation which implies that he holds a degree, diploma, licence or
description, etc., to certificate or any other like award as his qualification to practice
name of any person Siddha medicine unless -
(a) he actually holds such degree, diploma, licence, certificate or any other
like award; and
(b) such degree, diploma, licence or certificate or any other like award –
(i) is recognised by any law for the time being in force in India or in any
part thereof; or
(ii) has been conferred, granted or issued under sub-section (1) of
section 27.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable—
(i) for the first offence, with fine which may extend to five hundred
rupees ; and

(ii) for the second or any subsequent offence with, imprisonment for a
term which may extend to six months or with fine which may extend
to one thousand rupees, or with both.
Penalty for falsely 29. Any person who falsely pretend to be a registered practitioner
pretending to be shall, whether any person is actually deceived by such pretence or
registered not, be punishable—
practitioner
(i) for the first offence, with fine which may extend to three hundred
rupees; and
(ii) for the second or any subsequent offence, with imprisonment for a
term, which may extend to six months or with fine which may extend
to one thousand rupees, or with both.
CHAPTER VI
MISCELLANEOUS

Jurisdiction of 30 (1) No court shall take cognizance of any offence punishable under this
criminal courts Act except on complaint in writing made by the Registrar or any
officer authorized by him in this behalf.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class shall try any offence punishable under this
Act.

Bar of jurisdiction of 31. No order passed, decision or action taken or direction issued under
civil courts. this Act or the rules or regulations by the Council or by any
committee, officer or servant thereof or by the Government or by any
officer subordinate to them shall be liable to be called in question in
any civil court.

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32. (1) Where an offence against any of the provisions of this Act or any
rule made thereunder has been committed by a company, every
person who, at the time the offence was committed, was in-charge of
and was responsible to he company for the conduct of the business
of the company as well as the company shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without this knowledge or that he had exercised all due
deligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any
such offence has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or
is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that Conferring granting
offence and shall be liable to be proceeded against and punished or issuing colourable
accordingly. imitation of degrees,
diplomas, etc., to be
Explanation --- For the purposes of this section --- an offence.

(a) “company” means any body corporate, and includes a firm, society
or other association of individuals; and
(b) “director” in relation to ----
(i) a firm, means a partner in the firm,
(ii) a society, or other association of individuals, means the persons who is
entrusted under the rules of the society or other association, with the
management of the affairs of the society or other association, as the
case may be.
33. No act of the Council, or any committee thereof or of any person acting Acts of Council,
as President or as member of the Council or of the Committee shall be committee, etc., not
deemed to be invalid merely on the ground of -- to be invalidated by
certain defects
any vacancy or defect in the constitution of the Council or of the
committee;
(b) the President or any member of the Council or Committee not being
entitled to hold or continue in office by reason of any disqualification
or any defect or irregularity in his election or nomination, as the case
may be: or
(c) any defect or irregularity in such act not affecting the merits of the
case.
34. The Government may, if they are satisfied on the report of the Council Alteration in the list
or otherwise that the course of study and examination prescribed by of qualification
any University or an institution or authority referred to in sub-section mentioned in
(1) of section 27 conferring, granting or issuing any degree, diploma, schedule.
licence, certificate or any other like award ---

15
(1) included in the Schedule are not such as to secure the possession by
persons obtaining such degree, diploma, licence, certificate or any
other like award of the requisite knowledge and skill for the efficient
practise of Siddha medicine, or
(2) not included in the Schedule are such as to secure the possession by
the persons aforesaid of such knowledge and skill
by notification direct that such degree, diploma, licence, certificate or
any other like award—
(a) in a case falling under clause (1), be removed from the Schedule, or
(b) in a case falling under clause (2) be included in the Schedule;
and upon the issue of such notification, the Schedule shall be deemed
to have been amended accordingly.
35. (1) The Government may, by notification, make rules to carry out the Power to make rules
purposes of this Act.
(2) In particular and without prejudice to the generally of the
foregoing power, such rules may provide for –
(a) the form in which, the particulars with which and the manner in
which, an application for the approval of the Government for
establishment of a Siddha medical institution shall be made :
(b) the powers and duties of the President :
(c) the election and nomination of members including the President of
the Council :
(d) the manner in which the members of the Executive Committee shall
be elected :
(e) the delegation of powers or functions of the Council to the Executive
Committee.
(f) the daily and travelling allowances payable to the members of the
Council and the Executive Committee :
(g) the fees for registration under this Act :
(h) the time within which an application for renewal of registration shall
be made and the fees there for ;
(i) the form of the register to be maintained under sub-section (1) of
section 19 and the particulars to be contained therein and the manner
in which the said register shall be published ;
(j) the fees for registration under a new name or in respect of any
additional qualification obtained subsequent to the registration under
this Act and the manner in which an application for such registration
shall be considered,
(k) the form in which a certificate of registration shall be issued and the
fees for the issue of duplicate certificate of registration ;
(l) all matters expressly required or allowed by this Act to be prescribed.

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(3) (a) All rules made under this Act shall, unless they are expressed to
come into force on a particular day, come into force on the day on
which they are published.
(b) All notifications issued under this Act shall, unless they are expressed
to come into force on a particular day, come into force on the day on
which they are published.
(4) Every rule made under this Act and every notification issued under
section 34 shall, as soon as possible after it is made or issued, be placed
on the table of the Legislative Assembly and if, before the expiry of the
session in which it is so placed or the next session, the Assembly makes
any modification in any such rule or notification or, the Assembly
decides that the rule or notification should not be made or issued, the
rule or notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification.
(36) (1) The Council may, with previous sanction of the Government, by Power to make
notification, make regulations, not inconsistent with the regulations
provisions of this Act and the rules, the enabling it to perform its
functions under this Act,
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may provide for ---
(a) the form in which, the particulars with which and the manner in
which an application for the approval of the Council for
establishment of a Siddha Medical institution shall be made:
(b) the manufacture and sale of Siddha medicine :
(c) the convening of the meetings of the Council and the Executive
Committee and the conduct of business at such meetings :
(d) the standards of professional conduct and etiquettes and the code
of ethics to be observed by a practitioner ;
(e) the remuneration and other conditions of service of the Registrar
and other officers and servants of the Council.
(f) the proof of qualification to be sent along with the application for
registration under this Act :
(g) any other matter for which provision is to be or may be made in
regulations.
37. Notwithstanding anything contained in this Savings Act, any person
Savings
who has registered his name under the rules for the registration of
practitioners of Indian Medicine issued with G. O. (Ms) No. 1868, Health,
Indian Medicine, Homoeopathy and Family Welfare Department, dated the
31st October 1990 and practicing Siddha medicine immediately before the
commencement of this Act shall be entitled to continue such practice for a
period of six months, if he has made an application for registration under
this Act within the said period, and until the disposal of the application by
the Council.

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 38. The Council may reserve for the decision of the Government any Council may reserve
proposal in any matter which in its opinion is of such importance as to proposal to
be reserved for such decision and no action shall be taken by the Government
Council in respect of such proposal until it is decided by the decision.
Government.
39. The Government may, from time to time, issue such directions, not Directions by
inconsistent with the provisions of this Act, as they may consider Government
necessary in regard to the exercise and performance of the powers
and functions of the Council in matters involving substantial public
interest and in like manner may vary or annul any such direction. The
Council shall duly comply with and give immediate effect to the
directions so issued.
40. No suit, prosecution or other legal proceeding shall lie against the Protection of action
Government or any authority or officer of the Government, or the taken in good faith.
Council or any Committee thereof or any officer or servant of the
Council, for anything which is, in good faith, done or intended to be
done in pursuance of this Act or any rule or order or regulation made
under this Act.
41. (1) The Government may, by notification, delegate to any authority or Delegation of
officer the powers conferred on them by or under this Act. powers.
(2) The exercise or any power delegated under sub-section (1) shall
be subject to such restrictions and conditions as may be
specified in the notification and subject to control and revision
by the Government.
42. (1) If any difficulty arises in giving effect to the provisions of this Act, Power to remove
the Government may, as occasion requires, by order, not difficulties.
inconsistent with the provisions of this Act, do anything which
appear to them to be necessary or expedient for the purpose of
removing the difficulty :
Provided that, no order under this sub-section shall be made after
the expiry to two years from the date of commencement of this
Act.
(2) Every order made under this section shall, as soon as possible after
it is made, be placed on the Table of the Legislative Assembly.

THE SCHEDULE
QUALIFICATIONS IN SIDDHA MEDICINE
(see sections 2(14) and 34)

Serial number Name of the University, Board on Recognised Medical Qualifications Abbreviation for
Medical institution Registration.

(1) (2) (3) (4)

PART I

1. Board of Examiners in Indian / Licentiate in Indian / Indigenous / L.I.M.

Indigenous / Integrated Medicine,
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 Tamilnadu Integrated Medicine

Higher Proficiency in Indian / H.P.I.M.

Indigenous / Integrated Medicine

PART II

2. Government College of Indian / Graduate of the College of Indian / G.C.I.M.

Indigenous / Integrated Medicine, Indigenous / Integrated Medicine
Chennai

PART III

3. (a) University in Chennai Bachelor of Indian Medicine (Siddha) B.I.M.

(a) Madurai Kamaraj University Bachelor of Indian Medicine (Siddha) B.I.M.

Madurai Kamaraj University Doctor of Medicine (Siddha) M.D.(Siddha)

Madurai Kamaraj University Bachelor of Siddha Medicine and B. S. M. & S.

Surgery

(c) Tamilnadu Dr. M. G. R. Medical Bachelor of Siddha Medicine and B. S. M. & S.

University, Chennai Surgery

PART IV

4. Central Board of Indigenous Medicine, Certificate granted to traditionally R. S. M. P.,

Chennai or Tamilnadu Board of Indian trained or hereditary practitioners of
Medicine Indian Medicine and Enlisted Siddha E. S. M. P.
Medical Practitioners

PART V

(1) (2) (3) (4)

5. Board of Examiners in Village Vaidya Certificate V.V.C.

Indigenous Medicine, Tamilnadu

PART VI

(Qualifications granted by Medical Institutions in countries with which there is a Scheme of reciprocity)

6. Government College of Diploma in Indigenous Medicine and D.I.M.S.

Indigenous Medicine, Colombo, Surgery (Siddha)
Sri-lanka

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 Diploma in Ayurvedic Medicine and D.A.M.S.
Surgery (Siddha)

7. Institute of Indigenous Medicine, Diploma in Ayurvedic Medicine and D.A.M.S.

University of Colombo, Sri-Lanka Surgery (Siddha)

8. University of Jaffna, Sri-Lanka Diploma in Ayurvedic Medicine and D.A.M.S.

Surgery (Siddha)

(By order of the Governor)

A. K. RAJAN,
Secretary to Government,
Law Department.

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