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A Power Point Presentation by Advocate. L.VICTORIA GOWRI, Msc., B.L. Legal Advisor, Tamilnadu Siddha Graduates Association, Kanyakumari Chapter.

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Presentation on theme: "A Power Point Presentation by Advocate. L.VICTORIA GOWRI, Msc., B.L. Legal Advisor, Tamilnadu Siddha Graduates Association, Kanyakumari Chapter."— Presentation transcript:

1 A Power Point Presentation by Advocate. L.VICTORIA GOWRI, Msc., B.L. Legal Advisor, Tamilnadu Siddha Graduates Association, Kanyakumari Chapter

2 Before the Honble 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 official communication from the District Collector to arrange for a meet of Siddha and Homoeopathy doctors. 3. Letter No:360/A1/2010dated from District Siddha Medical officer. 4. Consent letter dated from Joint Action Committee to District Siddha Medical Officer. 5. Requisition letter dated 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 Collectors 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.

3 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. TAMILNADU MEDICAL REGISTRATION ACT 1914 Persons who may be registered :

4 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.

5 The Indian Medical Degrees (Madras Amendment ) Act, (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 An Act to amend the Indian Medical Degrees Act, 1961 in its application to the province of Madras for certain purpose 4. It is hereby enacted as follows:- Short title 1. This Act may be called the Indian Medical Degrees (Madras Amendment) Act Amendment of long title and preamble of Central Act, VII of In the long title and in the preamble to the Indian Medical Degrees Act (hereinafter referred to as the said Act), for the words of :such title, the words titles or such and of titles 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 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 implying qualifications in other systems of medicine shall be substituted Insertion of New section 6-A in the Central Act Vil of 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 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 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 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

6 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

7 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.

8 The Indian Medicine Central Council Act, 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. 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.

9 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; (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 (b) no person other than a registered practitioner, unless authorized by the Government in this behalf, shall be entitled to- 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; (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; (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 (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

10 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.

11 (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 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 , 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.

12 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.

13 Central Council of Indian Medicine Institutional Area, Janakpuri New Delhi Notification F.No:28-5/2004-Ay.(MM)Dated: 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. 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

14 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : Writ Petition No: 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, Rep. by its Secretary to Government, Department of Health and Family Welfare, Department of Health and Family Welfare, Fort St. George, Chennai-9 Fort St. George, Chennai-9 2. The Director General of Police, Chennai-4. Chennai The Director, Public Health and preventive Medicine, Public Health and preventive Medicine, DMS Complex, DMS Complex, Teynampet, Chennai-18. …Respondents Teynampet, Chennai-18. …Respondents

15 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 and 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. 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 and 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.

16 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : Writ Petition No: of 2009 The Chairman, The Chairman, Formely Legal Advisory Committee, Formely Legal Advisory Committee, Indian Medical Association Indian Medical Association (Registration XXI No.325/1934), (Registration XXI No.325/1934), Tamilnadu Branch, Kattathurai, Tamilnadu Branch, Kattathurai, Kanyakumari District.…Petitioner Kanyakumari District.…PetitionerVersus 1. The State of Tamilnadu, Rep. by its Secretary, Rep. by its Secretary, Home Department, Home Department, Fort St. George, Chennai-9. Fort St. George, Chennai The State of Tamilnadu, Rep. by its Secretary, Rep. by its Secretary, Health and Family Welfare Department, Health and Family Welfare Department, Fort St. George, Chennai-9 Fort St. George, Chennai-9 3. The Secretary to Government, Law Department, Law Department, Fort St. George, Fort St. George, Chennai-9…Respondents Chennai-9…Respondents

17 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. Prayer Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the petitioner Associations representation dated

18 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 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 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 (b) no person other than a registered practitioner, unless authorized by the Government in this behalf, shall be entitled to- 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; (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; (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 (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

19 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 Honble 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 of 2009 of the Honble 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 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 The attitude of the above said representation dated 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 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 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.

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21 A Power Point Presentation by Advocate. L.VICTORIA GOWRI, Msc., B.L. Legal Advisor, Tamilnadu Siddha Graduates Association, Kanyakumari Chapter


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