The Tamil Nadu Homoeopathy System of Medicine and Practitioners of Homoeopathy Act, 1971
Chapter IV PENALTIES
Health197139 sections5 chapters
Chapter IV PENALTIES
26. Prohibition of practice of homoeopathy by persons not registered
Statutory text
- (1) Notwithstanding anything contained in any other law for the time being in force-
- (a) no person other than a practitioner registered or deemed to be registered under clause
- (a) or clause
- (b) of sub-section
- (1) of section 15 or registered under clause
- (c) of that sub-section shall practise homoeopathy in the State of Tamil Nadu ;
- (b) no registered practitioner unless authorised 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 required by any law or rule to be signed or authenticated by a duly qualified medical practitioner ; or
- (ii) give evidence at any inquest, or in a court of law as an expert under section 45 of the Indian Evidence Act, 1872 (Central Act I of 1872), on any matter relating to medicine, surgery or midwifery; or
- (c) except with the special sanction of the Government, no person other than a practitioner registered or deemed to be registered under clause
- (a) of sub-section
- (1) of section 15 shall hold any appointment as physician, surgeon, or other medical officer in any hospital, asylum, infirmary, dispensary, lying-in-hospital, sanatorium or other similar institution of homoeopathy only or of both homoeopathy and modern medicine, whether supported entirely by voluntary contributions or not. Explanation.-For the purposes of this sub-section, a person who-
- (i) mechanically fits or sells lenses, artificial eyes, limbs or other apparatus or appliances; or
- (ii) is engaged in the mechanical examination of eyes for the purposes of constructing or adjusting spectacles, eye-glasses or lenses; or
- (iii) practises physio-therapy or electro-theraphy or chiropody or naturopathy or hydropathy or yogic healing; or
- (iv) does domestic administration of family remedies; or
- (v) being registered under the Dentists Act, 1948 (Central Act XVI of 1948), limits his practice to the art of dentistry; or
- (vi) being a nurse, midwife, health visitor, or auxiliary nurse-midwife registered under the Tamil Nadu Nurses and Midwives Act, 1926 (Tamil Nadu Act III of 1926), or a dhai, attends on a case of labour, shall not be deemed to practise homoeopathy.
- (2) Any person who contravenes sub-section
- (1) shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.
Chapter IV PENALTIES
27. Conferring, granting or issuing colourable imitation of degrees, diplomas, etc., to be an offence
Statutory text
- (1) No person other than-
- (a) a University ; or
- (b) an institution established by, or affiliated to, the council; or
- (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 practise homoeopathy, shall confer, grant or issue or hold himself out 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 or an institution or authority referred to in clauses
- (b) and
- (c) and purports to entitle the holder thereof to practise homoeopathy.
- (2) Any person who contravenes sub-section
- (1) shall be punishable-
- (i) for the first offence, with fine which may extend to one thousand 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 two thousand rupees, or with both.
Chapter IV PENALTIES
28. Prohibition against addition of any title, description, etc., to name of any person unless authorised to do so
Statutory text
- (1) No person shall add to his name any title, description, letter or abbreviation which implies that he holds a degree, diploma, licence, certificate or any other like award as his qualification to practise homoeopathy unless-
- (a) he actually holds such degree, diploma, licence, certificate or any other like award; and
- (b) such degree, diploma, licence, 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 by a University or an institution or authority referred to in clauses
- (b) and
- (c) of sub-section
- (1) of section 27.
- (2) Any person who contravenes 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.
Chapter IV PENALTIES
29. Penalty for falsely pretending to be a registered practitioner
Statutory text
Any person who falsely pretends to be a registered practitioner shall, whether any person is actually deceived by such pretence or not, 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 one year or with fine which may extend to one thousand rupees, or with both.
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