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Advocate.   L.VICTORIA GOWRI, Msc., B.L.
                      Legal Advisor,
 Tamilnadu Siddha Graduates Association, Kanyakumari Chapter
           Before the Hon’ble District Collector of
                    Kanyakumari District
     A humble appeal from The Tamilnadu Siddha Graduates Association,
     Kanyakumari Chapter.
     In view of the,
1.   Representation from Joint Action Committee of Siddha and Homoeopathy
     Medical Graduates before the District Collector.
2.     Roc.No:VI/14686/2010 dated 28.04.10 official communication from the
     District Collector to arrange for a meet of Siddha and Homoeopathy doctors.
3.   Letter No:360/A1/2010 dated 10.5.2010 from District Siddha Medical officer.
4.    Consent letter dated 19.5.2010 from Joint Action Committee to District
     Siddha Medical Officer.
5.    Requisition letter dated 20.5.2010 to permit the legal advisor of the Joint
     Action Committee for Siddha and Homoeopathy Practitioner, in the joint
     meet to be scheduled by the District Collector’s office,
     We humbly submit The provisions of law and the relevant explanations to
     uphold the nobleness and dignitty of our profession.
     Kindly appreciate our submissions.
  TAMILNADU MEDICAL REGISTRATION ACT 1914
            Persons who may be registered :

    13. Subject to the provisions of section 14, every
                      persons who
is possessed of any of the qualifications described in the Scheduled
shall be entitled to be registered on furnishing to the registrar proof of
such registration or qualification whether or not such person practices
or intends to practices the allopathic or any
 other system of medicine;

Provided that the State Government may, after consulting the Council,
permit the registration of any person who shall furnish to the registrar
proof that he is possessed of a medical degree, diploma or certificate of
any University, medical college or school approved by the Council,
other than those described in the Schedule.
   The Indian Medical Degrees Act, 1916

Short title and definitions.

  Whereas it is expedient to regulate the grant of
  titles, the grant of title implying qualification in
  western medical science and the assumption and
  use by unqualified persons of such titles, it is
  hereby enacted as follows:-

  1. This Act may be called the Indian Medical
  Degrees Act.1916.
      The Indian Medical Degrees (Madras Amendment ) Act, 1940.
                      (Madras Act No.XX of 1940)
   The following Act received the assent of the Governor-General on the 11th January 1941 and
              was published in the Fort St.George Gazette on the 20th January 1941.
    An Act to amend the Indian Medical Degrees Act, 1961 in its application to the province of
                                   Madras for certain purpose


   WHEREAS it is expedient to amend the Indian Medical Degrees Act, 1916, in its application to the
   province of Madras for the purpose hereinafter appearing

4. It is hereby enacted as follows:-
Short title
  1. This Act may be called the Indian Medical Degrees (Madras Amendment) Act. 1940.
Amendment of long title and preamble of Central Act, VII of 1916.
  2. In the long title and in the preamble to the Indian Medical Degrees Act. 1916 (hereinafter
  referred to as the said Act), for the words of :such title”, the words titles or such and of titles
  implying qualifications in other systems of medicine’ shall be substituted
Insertion of New section 6-A in the Central Act Vil of 1916
  3. After Section 6 of the said Act, the following section shall be inserted, namely:-
  “6-A (i) No person shall add to his name any titles description letters of abbreviation which
   imply that he holds a degree, diploma, licence or certificate as his qualification to practice
   any system of medicine unless-
Penalty for an authorized of titles, e.t.c., implying medical qualification.
   (a) he actually holds such degree, diploma, licence or certificate; and
   (b) such degree, diploma, licence or certificate-
   (c) Is recognized by any law for the time being inforce in 5(India) or if any part thereof
      Drugs And Cosmetics Rules, 1945
Definition
2(ee) “Registered medical practitioner” means a person-
   (i) holding a qualification granted by an authority specified or
   notified under Section 3 of the Indian Medical Degrees Act, 1916 (7
   of 1916), or specified in the Schedules to the Indian Medical Council
   Act, 1956 (102 of 1956); or
   (ii) registered or eligible for registration in a medical register of a
   State for the registration of persons practicing the modern scientific
   system of medicine [excluding the Homoeopathic system of
   medicine]; or
   (iii) registered in a medical register [other than a register for the
   registration of Homoeopathic practitioners] of a State, who although
   not falling within sub-clause (i) or sub-clause (ii) is declared by a
   general or special order made by the State Government in this
   behalf as a person practicing the modern scientific system of
   medicine for the purposes of this Act; or
 The Indian Medical Council Act (102 of 1956)

25. Provisional Registration

  (2) A person who has passed the qualifying examination
  of any University or medical institution in India for the
  grant of a recognized medical qualification shall be
  entitled to be registered provisionally in a State Medical
  Register for the purpose of enabling him to be engaged
  in employment in a resident medical capacity in any
  approved institution, or in the Medical Service of the
  Armed Forces of the Union, and for no other purpose, on
  production of proper evidence that he has been selected
  for such employment.
The Indian Medicine Central Council Act, 1970

2(1)(e)“Indian Medicine” means the system of Indian medicine commonly
known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or
not by such modern advances as the Central Council may declare by
notification from time to time.

17.Rights of persons possessing qualifications included in Second, Third
and Forth Scheduled to be enrolled

(2) Save as provided in section 28, no person other than that a practitioner of
Indian medicine who possesses a recognized medical qualification and is
enrolled on a Sate Register or the Central Register of Indian Medicine
    (a) Shall hold office as Vaid, Siddha Hakim or physician or any other office
(by whatever designation called) in Government or in any institution maintained
by a local or other authority;

(3) Nothing contained in sub-section (2) shall affect-
    (b) the privileges (including the right to practice any system of medicine)
conferred by or under any law relating to registration of practitioner of Indian
medicine enrolled on a State Register of Indian Medicine.
               The Tamilnadu Siddha System of Medicine 1997
                                                  Registration of Practitioners:
18. (1) Subject to the other provisions of this Act-
     (a) every person who possess any of the qualifications specified in the schedule or
     (b) every person who posses any of the qualifications specified in the schedule but posses 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.

                                           Privileges of registered Practitioners:
25.Notwithstanding anything contained in any law for the time being in force-
    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 provisional Act as defined in clause (46) of section 3 of the General Clauses Act
    1987 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.

                   Prohibition of Practice in Siddha Medicine by person not registered:
26.(1) Notwithstanding anything contained in any law for the time being in force,-
       (a) no person other that a person registered under section 18 shall 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 death Certificate or a medical or a physical fitness certificate required by any
            law to be signed or authenticated by a duly qualified 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 that 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
The Tamilnadu Siddha System of Medicine 1997

Jurisdiction of Criminal Courts
  30 (1) No court shall take cognizance of any
  offence punishable under this act except on
  compliant in writing made by the Registrar or
  any officer authorized by him in this behalf
  (2) No court inferior to that of a metropolitan
  magistrate or a Judicial magistrate of the first
  clause shall try any offence punishable under
  this act.
       (1998) 7 Supreme Court Cases 579
        (Before M.M.Punchhi,C.J. And K.T.Thomas And S.S.M.Quadri,J.J.)
              Dr.Mukhtiar Chand and others           …Appellants;
                                      Versus
              State of Punjab And others            …Respondents
48.the right to practice a system of medicine is derived from the Act under
   which a medical practitioner is registered.
49. The upshot of the above discussion is that Rule 2(ee)(iii) as effected from
   14.5.1960 is valid and does not suffer from the vice of want of legislative
   competence and the notifications issued by the State Government
   thereunder are not ultra vires the said Rule and are legal. However, after
   sub-section (2) in Section 15 of the 1956 Act occupied the field vide Central
   Act 24 of 1964 with effect from 16.6.1964, the benefit of the said Rule and
   the notifications issued thereunder would be available only in those States
   where the privilege of such right to practice any system of medicine is
   conferred by the State law under which practitioners of Indian
   medicine are registered in the State, which is for the time being in
   force. The position with regard to medical practitioners of Indian medicine
   holding degrees in integrated courses is on the same plane inasmuch as if
   any State Act recognize their qualification as sufficient for registration in the
   State Medical Registrar, the prohibition contained in Section 15(2)(b) of the
   1956 Act will not apply.
Tamilnadu Medical Council Regulations, 2003

 Legislations and court decisions may also influence
 medical ethics.
 Hence medical practitioners must be familiar with
 the various Acts, Rules and Regulations that are in
 force which have enacted by the Central and the
 State Government, Statutory bodies, Tamilnadu
 Medical Council and the Indian Medical Council.
 Unless he is familiar with all the relevant laws and
 regulations he may find himself inadvertently
 contravening these and courting trouble.
          Central Council of Indian Medicine Institutional Area,
                     Janakpuri New Delhi 110058
                                          Notification
      F.No:28-5/2004-Ay.(MM)                                             Dated:19.5.2004

In exercise of the power conferred by 2(1) (e) of the Indian Medicine Central Council Act, 1970
hereby Central Council of Indian Medicine notify that:-

To clarify the word “Modern Advances” the Council at its meeting held on 23rd March 2003 has
passed the resolution and defined Indian Medicine as under:-

“This meeting of the Central Council hereby unanimously resolved that in clause (e) of Sub-
section 2(1) of the IMCC Act, 1970, the word ‘Modern Advances’ be read as advances made in
the various branches of Modern Scientific medicine in all its branches of internal medicine,
surgery, gynecology and obstetrics, anesthesiology, diagnostic procedures and other
technological innovation made from time to time and declare that the courses and curriculum
conducted and recognized by the Central Council of Indian
 Medicine are supplemented with such modern advances.”

The Institutionally qualified practitioners of Ayurveda, Siddha, Unani Tibb are eligible to practice
respective systems with modern Scientific medicine including Surgery and Gynecology obstetrics,
Anesthesiology, ENT, ophthalmology etc., based on the training and teaching.

                                                                             (PR.SHARMA)
                                                                             SECRETARY
  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         Dated : 23.2.2010
                  Writ Petition No: 30259 of 2008

Indian Medical Association,
Rep.by Dr.K.Prakasam Chairman,
TMA Quackery Eradication Committee,
Tamilnadu Stae Branch, Chennai                       …Petitioner
                                   Versus
1. State of Tamilnadu,
   Rep. by its Secretary to Government,
   Department of Health and Family Welfare,
   Fort St. George, Chennai-9
2. The Director General of Police,
   Chennai-4.
3. The Director,
   Public Health and preventive Medicine,
   DMS Complex,
   Teynampet, Chennai-18.                           …Respondents
                                 Prayer                                 :

Petition filed under Article 226 of the Constitution of India praying for
a writ of mandamus directing the respondents 1 to 3 herein to
consider the representations dated 15.5.2008 and 14.6.2008 and
initiate appropriate criminal prosecution under the law against the
Paramedical Technicians, Paramedical practitioners and
Physiotherapist who are prescribing allopathic medicine and
administering allopathic treatment and using the prefix Doctor (Dr.)
before their names in prescriptions and advertisements within the
State of Tamilnadu.
                                 Order
Similarly, the petitioner herein may also furnish the names of such
persons who, according to them, are prescribing allopathic
medicine, administering allopathic treatment and using the prefix
Doctor (Dr.) before their names in prescriptions and advertisements,
to the Superintendent of police as well as the District Medical officer
concerned will take necessary steps in accordance with law. The
writ petition is thus disposed of. There shall be no order as to costs.
Consequently, M.P.No:1 of 2008 is closed.
   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                               Dated : 5.1.2010
                        Writ Petition No: 22155 of 2009

  The Chairman,
  Formely Legal Advisory Committee,
  Indian Medical Association
  (Registration XXI No.325/1934),
  Tamilnadu Branch, Kattathurai,
  Kanyakumari District.                                   …Petitioner
                                        Versus
1. The State of Tamilnadu,
    Rep. by its Secretary,
    Home Department,
    Fort St. George, Chennai-9.
2. The State of Tamilnadu,
    Rep. by its Secretary,
    Health and Family Welfare Department,
    Fort St. George, Chennai-9
3. The Secretary to Government,
    Law Department,
    Fort St. George,
    Chennai-9                                             …Respondents
                            Prayer
Petition filed under Article 226 of the Constitution of India
praying for a writ of mandamus directing the respondents to
consider the petitioner Association’s representation dated
19.12.2008.
                             Order

 It is well known that the menace of quacks is a continuing
  faced throughout the state and this court cannot issue a
 direction to the respondents to take action against all such
 persons. The petitioner-Association should furnish to
 the respondents, the names of such persons who are
    allegedly practicing without any valid licence. We
     expect the respondents to take immediate action
        against such persons on receiving any such
      information from the petitioner-Association.
                                              Submissions
Section 2(ee)(iii) of the Drugs and Cosmetics Rule, 1945
Registered medical practitioner” means a person-
(iii) registered in a medical register [other than a register for the registration of Homoeopathic practitioners] of a State, who
although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the State
Government in this behalf as a person practicing the modern scientific system of medicine for the purposes of this Act;
The Government of Tamilnadu has enacted a law for the purposes of Siddha graduates namely Tamilnadu Siddha System of
Medicine (Development and Registration Of Practitioners) Act 1997.
Section 25 of the Tamilnadu Siddha System of Medicine (Development and Registration Of Practitioners) Act 1997 which
speaks of the privileges of registered practitioner declares that Siddha graduates are “legally qualified medical
practitioners”.
25.Notwithstanding anything contained in any law for the time being in force-
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 provisional Act as defined in clause (46) of section 3 of the General Clauses Act 1987 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 Tamilnadu, 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.
The Government of Tamilnadu declared that the registered practitioners who are registered in the register of Tamilnadu Siddha
Medical Council could be deemed to be legally qualified medical practitioners under section 25 of the Tamilnadu Siddha System
of Medicine (Development and Registration Of Practitioners) Act 1997.
The Government of Tamilnadu declared that the registered practitioners who are registered in the register of Tamilnadu Siddha
Medical Council are persons practicing the Modern Scientific System of Medicine also under section 26 (1)(b) stating that-
(1) Notwithstanding anything contained in any law for the time being in force,-
  (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 death Certificate or a medical or a physical fitness certificate required by any law to be
        signed or authenticated by a duly qualified 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 that 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
                                              Submissions
On behalf of the Tamilnadu Siddha Graduates Association, Kanyakumari Chapter, we submit our whole hearted
happiness to contribute and take part in the district level quackery eradication committee.
The order in writ petition No:30259 of 2008 of the Hon’ble High Court of Judicature at Madras directs (1) The Secretary
of the Department of Family Welfare (2) The DGP, Chennai (3) The Director, Public Health and Preventive Medicine to
initiate appropriate criminal prosecution under the law against the Paramedical Technicians, Paramedical practitioners
and Physiotherapist who are prescribing allopathic medicine and administering allopathic treatment and using the
prefix Doctor (Dr.) before their names in prescriptions and advertisements within the State of Tamilnadu.
The order in writ petition 22155 of 2009 of the Hon’ble High Court of Judicature at Madras directs (1) The Secretary of
the Department of Family Welfare (2) The DGP, Chennai (3) The Director, Public Health and Preventive Medicine to
initiate appropriate criminal prosecution under the law against those persons who are allegedly practicing medicine
without any valid licence and whose names are furnished by the Chairman, formerly Legal Advisory Committee, Indian
Medical Association.
It came as a big shock and surprise when the names of a few registered practitioners who had registered their names
in the Tamilnadu Siddha Medical Council were also included in the list of names furnished by the Joint Action
Committee for grievance, all IMA branches and Govt. Doctors Association dated 5.4.2010
It is an irony and against the principles of natural justice and rules of law, to include register practitioners holding
valid licences under the Tamilnadu Siddha System of Medicine (Development and Registration Of Practitioners) Act
1997.
The attitude of the above said representation dated 5.4.2010 has a hidden agenda to harrass the registered
practitioners under the Tamilnadu Siddha System of Medicine (Development and Registration Of Practitioners) Act
1997, and its also contrary to the orders in W.P.No:30259/2008 and 22155/2009. The damages which could be caused
to the professional goodwill and reputation of those Siddha Doctors whose names has been included in the impugned
list dated 5.4.2010 furnished by the Joint Action Committee for grievance, all IMA branches and Govt. Doctors
Association could never be compensated.
In view of the honour and constitutional validity of The Tamilnadu Siddha System of Medicine (Development and
Registration Of Practitioners) Act 1997, we humbly request the respectable district administration to delete the names
of the registered practitioners under the Tamilnadu Siddha System of Medicine (Development and Registration Of
Practitioners) Act 1997 whose names has been included in the impugned list dated 5.4.2010 furnished by the Joint
Action Committee for grievance, all IMA branches and Govt. Doctors Association.
We also humbly request to include a few representative from our Association to contribute towards the goals of the
district level quackery eradication committee.
        A Power Point Presentation by

Advocate.   L.VICTORIA GOWRI, Msc., B.L.
                      Legal Advisor,
 Tamilnadu Siddha Graduates Association, Kanyakumari Chapter

				
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