Chapter VI MISCELLANEOUS

1. (1) No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by the Registrar or any officer authorised by him in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

No order passed, decision or action taken or direction issued under this Act or the rules or regulations by the Council or by any committee, officer or servant thereof or by the Government or by any officer subordinate to them shall be liable to be called in question in any civil court.

1. (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who, at the time the offence was committed, was in-charge of and was responsible to, the company for the conduct of the business of the company as well as the company 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 had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any such offence 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, society or other association of individuals; and
   • (b) "director" in relation to-
     • (i) a firm, means a partner in the firm,
     • (ii) a society or other association of individuals, means the persons who is entrusted under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.

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 invalid 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 qualified or continuing in office by reason of any disqualification or any defect in his election or nomination, as the case may be; 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 examination prescribed by any University or an institution or authority referred to in sub-section

1. (1) of section 27 conferring, granting or issuing any degree, diploma, licence, certificate or any other like award -
2. (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 practise of Siddha medicine, or
3. (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,

1. (1) The Government may, by notification, 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) the form in which, the particulars with which and the manner in which, an application for the approval of the Government for establishment of a Siddha medical institution shall be made;
   • (b) the powers and duties of the President;
   • (c) the election and nomination of members including the President of the Council;
   • (d) the manner in which the members of the Executive Committee shall be elected;
   • (e) the delegation of powers or functions of the Council to the Executive Committee;
   • (f) the daily and travelling allowances payable to the members of the Council and the Executive Committee;
   • (g) the fees for registration under this Act;
   • (h) the time within which an application for renewal of registration shall be made and the fees therefor;
     • (i) the form of the register to be maintained under sub-section
3. (1) of section 19 and the particulars to be contained therein and the manner in which the register shall be published;
   • (j) the fees for registration under a new name or in respect of any additional qualification obtained subsequent to the registration under this Act and the manner in which an application for registration shall be considered;
   • (k) the form in which a certificate of registration shall be issued and the fees for the issue of duplicate certificate of registration;
   • (l) all matters expressly required or allowed by this Act to be prescribed. (3)
   • (a) All rules made 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.
   • (b) 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.
4. (4) 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 the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or, the Assembly declares 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 previous sanction of the Government, by notification, make regulations, not inconsistent with the provisions of this Act and the rules, 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 form in which, the particulars with which and the manner in which, an application for the approval of the Council for establishment of a Siddha Medical Institution shall be made;
   • (b) the manufacture and sale of Siddha medicine;
   • (c) the convening of the meetings of the Council and the Executive Committee and the conduct of business at such meetings;
   • (d) the standards of professional conduct and etiquettes and the code of ethics to be observed by a practitioner;
   • (e) the remuneration and other conditions of service of the Registrar and other officers and servants of the Council;
   • (f) the proof of qualification to be sent along with the application for registration under this Act;
   • (g) any other matter for which provision is to be or may be made in regulations.

Notwithstanding anything contained in this Act, any person who has registered his name under the rules for the registration of practitioners of Indian Medicine issued with G.O.Ms. No. 1568, Health, Indian Medicine, Homoeopathy and Family Welfare Department, dated the 31st October 1990 and practising Siddha medicine immediately before the commencement of this Act shall be entitled to continue such practice for a period of six months, if he has made an application for registration under this Act within the said period, and until the disposal of the application by the Council.

The Council may reserve for the decision of the Government any proposal in any matter which in its opinion is of such importance as to be reserved for such decision and no action shall be taken by the Council in respect of such proposal until it is decided by the Government.

The Government may, from time to time, issue such directions, not inconsistent with the provisions of this Act, as they may consider necessary in regard to the exercise and performance of the powers and functions of the Council in matters involving substantial public interest and in like manner may vary or annul any such direction.

Protection of action in good faith No suit, prosecution or other legal proceeding shall lie against the Government or any authority or officer of the Government, or the Council or any committee thereof or any officer or servant of the Council, for anything which is, in good faith, done or intended to be done in pursuance of this Act or any rule or order or regulation made under this Act.

1. (1) The Government may, by notification, delegate to any authority or officer the powers conferred on them by or under this Act.
2. (2) The exercise or any power delegated under sub-section
3. (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject to control and revision by the Government.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion requires, by order, not inconsistent with the provisions of this Act, do anything which appear to them to be necessary or expedient for the purpose of removing the difficulty: Provided that, no order under this sub-section shall be made after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as possible after it is made, be placed on the Table of the Legislative Assembly.