Chapter V Chapter V

1. (1) No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by the registrar in this behalf.
2. (2) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.

No act done in the exercise of any power conferred by or under this Act on the Government or the council or any committee thereof or the registrar shall be questioned in any court of law.

1. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence 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 his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act 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 offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section—
   • (a) "company" means any body corporate, and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm, means a partner in the firm.

No act of the council or any committee thereof or of any person acting as president or as member of the council or of the committee shall be deemed to be invalidated merely on the ground of—

1. (a) any vacancy or defect in the constitution of the council or of the committee ;
2. (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 irregularity or illegality in his election or nomination ; or
3. (c) any defect or irregularity in such act not affecting the merits of the case.

The Government may, if they are satisfied on the report of the council or otherwise, that the course of study and examinations prescribed by any University, medical college, school or any other institution conferring, granting or issuing any degree, diploma, licence, certificate or any other like award—

1. (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 practice of homoeopathy, or
2. (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 any such notification, the Schedule shall be deemed to have been amended accordingly.

1. (1) The Government may make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
   • (a) all matters expressly required or allowed by this Act to be prescribed ;
   • (b) the election of members to the council ;
   • (c) the election and term of office of the president of the council ;
   • (d) the notification of election or nomination to, or any vacancy in the office of the president or member of the council ;
   • (e) the powers and duties of the president ;
   • (f) the election of members of the executive committee of the council ;
   • (g) the number of members necessary to constitute a quorum for meetings of the council and its executive committee ;
   • (h) the procedure at any inquiry held under section 15 or section 19 ;
     • (i) the particulars to be stated in, and the proof of qualifications to be sent along with, applications for registration under this Act ;
   • (j) the institution, hearing and disposal of appeals under section 20 ;
   • (k) the fees to be paid for applications and appeals under this Act ;
   • (l) the compilation and of the registers referred to in sub-section
3. (2) of section 16 ;
   • (m) the allowances of non-official members of the council ;
   • (n) the disposal of fees received under this Act ;
   • (o) the qualifications and conditions required for any registered practitioner performing surgery and post-mortem in any approved institution.

1. (1) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
2. (2) 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.
3. (3) 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 both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any rule or notification or both Houses agree 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.

1. (1) The council may, with the previous sanction of the Government, by notification, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-
   • (a) the convening of meetings of the council and its executive committee ;
   • (b) the conduct of business at such meetings ;
   • (c) the delegation of powers or duties of the council to its president ;
   • (d) the appointment, control, remuneration and other conditions of service of the officers and servants of the council referred to in section 14 ;
   • (e) the place and time at which the written test referred to in sub-clause
     • (iii) of clause
   • (c) of sub-section
3. (1) of section 15 shall be conducted and the syllabus for the test.

1. (1) Any law corresponding to this Act in force in the added territories immediately before the commencement of this Act including the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (Andhra Act XXVI of 1956) (hereafter in this section referred to as the corresponding law), shall, in so far as the corresponding law relates to homoeopathy, stand repealed on such commencement.
2. (2) The repeal by sub-section
3. (1) of the corresponding law shall not affect-
   • (i) the previous operation of the corresponding law or anything duly done or suffered thereunder ; or
   • (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law ; or
   • (iii) any fine, penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law ; or
   • (iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine, penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
4. (3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, or any rule, regulation or form framed, certificate granted or registration effected, under the corresponding law shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act.
5. (4) For the purpose of facilitating the application of this Act in the added territories any court or other authority may construe this Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.
6. (5) Any reference to the corresponding law in any law which continues to be in force in the added territories after the commencement of this Act shall, in relation to those territories, be construed as a reference to this Act.
7. (6) After the commencement of this Act, every practitioner in the added territories who-
   • (a) possesses any of the qualifications specified in the Schedule and who is registered under the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (Andhra Act XXVI of 1956) as in force in the added territories immediately before the commencement of this Act, shall be deemed to be a practitioner registered under clause
   • (a) of sub-section
8. (1) of section 15 ; and
   • (b) does not possess any of the qualifications referred to in clause (a), but who is registered under the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (Andhra Act XXVI of 1956), as in force in the added territories immediately before the commencement of this Act, by virtue of his practice in homoeopathy for the period specified in that Act, shall be deemed to be a practitioner registered under clause
   • (b) of sub-section
9. (1) of section 15.
10. (7) The registrar shall on receipt of an application made in this behalf in the prescribed manner by any such practitioner as is referred to in sub-section
11. (6) and after making such inquiry as he deems fit, enter in the relevant register maintained under sub-section
12. (2) of section 16 the name of such practitioner. No fee shall be payable for making any such entry.
13. (8) Notwithstanding anything contained in this Act or in any other law for the time being in force, all persons possessing any of the qualifications specified in the Schedule who at the commencement of this Act are practising both homoeopathy and modern medicine shall be entitled to continue such practice. Explanation.-For the purpose of this section, the expression "added territories" shall mean the territories specified in the Second Schedule to the Andhra Pradesh and Tamil Nadu (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959).