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The Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act, 1997

Chapter IV REGISTRATION OF PRACTITIONERS

Health199740 sections6 chapters

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18. Registration of Practitioners

Statutory text

(1) Subject to the other provisions of this Act,-
- (a) every person who possesses any of the qualifications specified in the Schedule; or
- (b) every person who does not possess any of the qualifications specified in the Schedule but possesses any of the qualifications recognised by the Council, shall be entitled to have his name entered in the register maintained under sub-section
(1) of section 19.
(2) Every application for registration under this Act shall be sent to the Registrar together with such fee not exceeding two hundred and fifty rupees as may be prescribed in the rules and with such proof of qualification for registration as may be prescribed by the Council by regulations.
(3) Notwithstanding anything contained in sub-section (1), the Council may refuse to register any person who has been convicted of any offence which, in the opinion of the Council, implies a defect of character disentitling him to be registered or who, after an inquiry at which opportunity has been given to him to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect.
(4) Every registration under sub-section
(1) shall be in force for a period of five years and may, subject to the provisions of sub-section (5), be renewed for a period of five years at a time.
(5) Every application for renewal of registration under sub-section
(4) shall be made within such time and with such fee, not exceeding twenty five rupees, as may be prescribed and the provisions of this Act shall, as far as may be, apply in relation to the renewal of a registration as they apply in relation to registration.

Chapter IV REGISTRATION OF PRACTITIONERS

19. Register of practitioners and its maintenance

Statutory text

(1) There shall be maintained a register in separate Parts for each of the following Classes of practitioners, namely:-
- (i) practitioners who possess any of the qualifications specified in Part I of the Schedule and registered under this Act;
- (ii) practitioners who possess any of the qualifications specified in Part II of the Schedule and registered under this Act;
- (iii) practitioners who possess any of the qualifications specified in Part III of the Schedule and registered under this Act;
- (iv) practitioners who possess the qualification specified in Part IV of the Schedule and registered under this Act;
- (v) practitioners who possess the qualification specified in Part V of the Schedule and registered under this Act; and
- (vi) practitioners who possess any of the qualifications specified in Part VI of the Schedule and registered under this Act.
(2) The register maintained under sub-section
(1) shall be in such form and shall contain such particulars as may be prescribed.
(3) The Registrar shall keep and maintain the register referred to in sub-section
(1) in accordance with the provisions of this Act and the rules and the order of the Council and to revise the register from time to time and publish it in such manner as may be prescribed.
(4) The register maintained under sub-section
(1) shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872.

Chapter IV REGISTRATION OF PRACTITIONERS

20. Alteration of register

Statutory text

(1) Any registered practitioner may apply to the Registrar in such manner and with such fee, not exceeding one hundred rupees, as may be prescribed, for registration under a new name or in respect of any additional qualification obtained subsequent to the registration under this Act.
(2) Every application under sub-section
(1) shall be considered in such manner as may be prescribed and the entry made in the register in respect of the applicant shall be amended or, as the case may be, cancelled and new entry made in the appropriate Part of the register.

Chapter IV REGISTRATION OF PRACTITIONERS

21. Certificate of registration

Statutory text

(1) Every person whose name has been entered in the register shall be issued a certificate of registration in such form as may be prescribed.
(2) Where it is shown to the satisfaction of the Registrar that the certificate of registration issued under sub-section
(1) has been lost, destroyed or mutilated, the Registrar may, on payment of such fee, not exceeding fifty rupees, as may be prescribed, issue a duplicate certificate thereof.

Chapter IV REGISTRATION OF PRACTITIONERS

22. ILLEGIBLE]

Statutory text

(1) The Council may, if it is satisfied that any entry in the register has been made fraudulently or incorrectly, after such notice to the person concerned and after hearing his objections, if any, order that such entry in the register be cancelled or amended, as the case may be. (2)
- (a) The Council may, after giving the registered practitioner an opportunity of making his representation, direct the removal, altogether or for a specified period, from the register, of the name of the registered practitioner if—
  - (i) he has been convicted of any offence which implies in the opinion of the Council a defect of character; or
  - (ii) he has been held by the Council to have been guilty of infamous conduct in any professional respect; or
- (b) The Council may, subject to the rules, direct that any name so removed shall be restored on application from the person concerned. (3)
- (a) The Council may, subject to the rules, direct the deletion from the register of the name of any registered practitioner if—
  - (i) the registered practitioner is dead: Provided that the information regarding the death is furnished by such officer, in such form, and in such manner, as may be prescribed:
  - (ii) the registered practitioner has made an application for the deletion of his name from the register.
- (b) Any practitioner whose name has been deleted from the register under clause (a)
  - (ii) may apply for fresh registration under sub-section
(1) of section 18.
(4) Whenever the name of any registered practitioner is directed to be removed or deleted from the register by the Council, it may publish or cause to be published the fact of such removal or deletion in such manner as it deems fit.

Chapter IV REGISTRATION OF PRACTITIONERS

23. Appeal

Statutory text

(1) Any person aggrieved by the order of the Council under sub-section
(3) of section 18 or under section 22 may appeal to the Government.
(2) Every appeal under sub-section
(1) shall be preferred within three months from the date of the receipt of the order appealed against: Provided that the Government may allow further time not exceeding three months for preferring any appeal, if they are satisfied that the appellant had sufficient cause for not preferring the appeal in time.
(4) The order of the Government in such appeal shall be final.

Chapter IV REGISTRATION OF PRACTITIONERS

24. Procedure for inquiries

Statutory text

(1) Any inquiry under sub-section
(3) of section 18 may be held by the Council or by a Committee consisting of three members of the Council elected from among its members for the purpose. The Council or the Committee, as the case may be, may, at its discretion, hold such inquiry in-camera. When the inquiry is held by a Committee, it shall make a report to the Council which shall pass orders under subsection
(3) of section 18.
(2) For the purpose of any inquiry under section 18, the Council or the Committee referred to in sub-section
(1) shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 and shall exercise all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 and such inquiries shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 10 of the Public Servants-(Inquiries) Act, 1850.

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