Chapter IV MEDICAL PRACTITIONERS GENERALLY

No person other than (i) a registered practitioner or (ii) a practitioner whose name is entered in the list of practitioners published under section 30 or (iii) a practitioner whose name is entered in the list mentioned in section 26 shall practise or hold himself out, whether directly or by implication, as practising Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine, Siddha Medicine or Unani Tibbi medicine, Yoga and Naturopathy or hold any post including teaching posts in any of the medical institutions in Government, public or private sector and no person who is not a registered practitioner of any such medicine shall practise any other branch of medicine unless he is also a registered practitioner of that medicine.

1. (1) Any person who acts in contravention of section 36 shall, on conviction be punishable with fine which may extend to two lakh rupees for the first offence and five lakh rupees for each subsequent offence after his conviction for such first offence.
2. (2) Any qualified person without a valid registration under this Act who practises in the branch of his qualification or other branches and any death or invalidity to a human life causes, he shall be liable on conviction for a penalty of rupees five lakh or imprisonment for a term of one year or both.
3. (3) Any person without qualification or valid registration practises in any system of medicine and his practice causes death or permanent invalidity, on conviction, he shall be liable for a fine of rupees five lakh or imprisonment for a term of two years or both and on subsequent offence double the fine and term of imprisonment and also the offences affecting human body under Chapter XVI of Indian Penal Code, 1860 (Act 45 of 1860) shall, appropriately be applicable, according to the nature of gravity affected human body by such an unlawful activity.

The right of conferring, granting or issuing

in the State of Kerala degrees, diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient thereof, is qualified to practice Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine, Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, as the case may be, shall be on the authority approved by the State Government or Central Government.

1. (1) Save as provided by section 38, no person shall confer, grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, license, certificate or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine, Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, as the case may be.
2. (2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punishable with fine which may extend to two lakh rupees and if the person, so contravenes is an association or organization, every member of such association or organization who knowingly or willfully authorises or permits the contravention shall on conviction, be punishable with fine which may extend to five lakh rupees.

1. (1) No person shall add to his name any title, letters or abbreviations which imply that he holds a degree, diploma, license or certificate as his qualification to practice Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine, Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, or any other kind of treatment unless,—
   • (a) he actually holds a registered degree, diploma, license or certificate under this Act, and
   • (b) such degree, diploma, license or certificate,—
     • (i) is recognized by any law for the time being in force in the State of Kerala;
     • (ii) has been conferred, granted or issued by an authority referred to in the Schedule; and
     • (iii) has been recognized by the National Medical Commission, Central Council of Indian Systems of Medicine and Central Council of Homoeopathy, as the case may be.
2. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable, in the case of a first conviction, with fine, which may extend to two lakh rupees and in the case of a subsequent conviction, with fine which may extend to five lakh rupees.

Whoever

willfully and falsely assumes or uses any title or description or any addition to his name implying that he holds a degree, diploma, license or certificate conferred, granted or issued by any authority referred to in section 38 or recognized by the National Medical Commission, the Central Council of Indian Medicine and Central Council of Homoeopathy or that he is qualified to practice Modern Medicine, Homoeopathic Medicine, Indian System of Medicine, Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, shall be punishable with fine which may extend to two lakh rupees for the first offence and to fine which may extend to five lakh rupees for each subsequent offence.

Whenever a Council is of the opinion that the

prosecution against any person for breaches of any of the provisions of this Act is necessary, such Council may, by resolution, decide the institution of such criminal procedure.

1. (1) No court shall take cognizance of any offence under this Act except on a complaint in writing of an officer authorized by the Council in this behalf.
2. (2) No court inferior to that of Judicial Magistrate of the First Class shall try any offence punishable under this Act.

No suit, prosecution, penal

action or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done under this Act or any rule or regulations made thereunder.

The provisions of this Act and any rules and

regulations made thereunder shall have effect, notwithstanding anything contained in any other law for the time being in force, in the matter of registration of medical practitioner in the State.

1. (1) The Government may, by notification in the Gazette, make rules to carry out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules,—
   • (a) with reference to the elections of President and Vice-President or members including election petitions, deposits to be made by candidates contesting for election as members and the conditions under which such deposits may be forfeited: Provided that the deposit required shall not exceed ten thousand rupees;
   • (b) as to the manner in which vacancies shall be filled under section 9;
   • (c) as to the fees and other allowances payable to the President, Vice-President and the other members of each Council under section 17;
   • (d) as to the form and contents of the registers and the particulars to be entered therein under sub-section (3) of section 20;
   • (e) method of appointment of officers and employees under sub- section 3 of section 20;.
   • (f) as to the powers of the Registrar to punish, dismiss, discharge and remove any such of the officers appointed or employed under sub-section (3) of section 21;
   • (g) as to the application fees and other amounts received under this Act;
   • (h) as to the application form and fee under sub-section (2) of section 25;
     • (i) as to the form of the certificate to be issued under sub-section
3. (6) of section 25 and the particulars which it shall contain;
   • (j) procedure for renewal of registration under sub-section (9) of section 25;
   • (k) as to the procedure relating to appeal to the Government from the decisions of each Council under section 35;
   • (l) all other matters which may be necessary for the purpose of carrying out the objects of this Act;
4. (3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, if the Legislative Assembly, makes any modification in the rule or decides that the rule should not be made, the rule 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.

1. (1) Each Council may, with the previous sanction of the Government, make regulations not inconsistent with this Act or the rules made thereunder, for all or any of the following matters, namely:-
   • (a) the time and place at which the Council shall hold its meetings and the manner in which such meeting shall be convened and held under section 15;
   • (b) the procedure relating to appeals against the action of the Registrar under section 33;
   • (c) all other matters which may be necessary for the purpose of carrying out the objects of this Act.
2. (2) All regulations made under this section and duly confirmed by the Government shall be notified.
3. (3) The Government may, by notification in the Gazette, cancel any such regulations.

1. (1) The Travancore-Cochin Medical Practitioners Act, 1953 (Act IX of 1953) and Kerala State Medical Practitioners Ordinance, 2021 (115 of 2021) are hereby repealed: Provided that such repeal shall not affect,—
   • (a) the previous operations of the said enactments or anything duly done or suffered thereunder; or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred or Registration certificate obtained under the said enactments; or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
   • (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, liability, forfeiture or punishment as aforesaid may be initiated, continued or enforced and any such penalty, forfeiture, or punishment may be imposed as if this enactment has not been passed; or
   • (e) any appointment or rules, bye laws or regulation made, any notification, notice, order, declaration or direction issued under the repealed enactments to the extent they are not inconsistent with the provisions of this Act.
2. (2) The Madras Medical Registration Act, 1914 (Act No. IV of 1914) exist in force in the Malabar District referred in the State Reorganisation Act,1956 ( Act No. 37 of 1956) shall cease to operate in the said area.
3. (3) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the the TravancoreCochin Medical Practitioners Act, 1953 (Act IX of 1953), The Madras Medical Registration Act, 1914 (Act IV of 1914) exist in force in the Malabar District referred in the States Reorganisation Act,1956 ( Act No.37 of 1956) and the Kerala State Medical Practitioners Ordinance, 2021 (115 of 2021) shall be deemed to have been done or taken under this Act.