Vidhi Codex

section 38

Repeals and savings

The Tamil Nadu Homoeopathy System of Medicine and Practitioners of Homoeopathy Act, 1971
Health197139 sections5 chapters
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Chapter V Chapter V

Statutory text
  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section referred to as the corresponding law), shall, in so far as the corresponding law relates to homoeopathy, stand repealed on such commencement.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be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act.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).

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