Chapter III ESTABLISHMENT OF COUNCIL

1. (1) The Government shall, by notification, establish for the State of Tamil Nadu a Council called the Tamil Nadu Siddha Medical Council.
2. (3) The Council shall be a body corporate, shall have perpetual succession and a common seal, shall have power to acquire, hold and dispose of property (both movable and immovable) and to contract and shall sue and be sued by the said name.

1. (1) The Council shall consist of the following members, narne1y:-
   • (a) the Secretary tc Government in-charge of Health and Family Welfare, ex-ojicio;
   • (b) the Director of Indian Medicilie and Homoeopathy, ex-ojicio;
   • (c) the Heads of the Government Siddha Medial Colleges, tx-offic :ej
   • (d) the Head of the Central liesearch Tnstitute (Siddlia), Ghsnnai, hx-ofJicio;
   • (f) two members elected from among themselves by the regislered practi- tioners who possess any

of the quslifications specified in Part I1 of the Schedule ;

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four members elected from among themselves by the registered rac-

ritioners who~possesr any of the qualifications specified in Part 111 of tho ~chelule :

1. (h) six members elected from among themselves by the registered prac- titioners who possess the qualification specified in Part IV of the Schedule ; ti) one member elected from among themselves by the registered practi- tioners wl~o possess the qualification specified in Part V of the Schedule ; (j)

one member elected from among themselves by the teaching staff

of the Siddha Medical Institution who are registered practitioners ; (k) three members nomint.ted by the Government frcm cmong the regis- tered ; and

1. (1) There shall be a President for the Council who shall be nominated by the Government from among the members of the Council.
2. (2) The President shall hold office so long as he continues to be a member of the Council.
3. (3) The President shall exercise such powers and perform such duties as may be:

Disqualification for membership

1. (1) is not ordinarily a resident in the State of Tamil Nadu;
2. (2) is not a registered practitioner, except in the case falling under clause
   • (i) of sub-section
3. (1) of section 5;
4. (4) is of unsound mind and stands so declared by a competent court;
5. (5) has been sentenced by a criminal court to imprisonment for any offence involving moral turpitude;
6. (6) is a paid employee of the Council; or
7. (7) has not completed twenty-five years of age.

A member shall be deemed to have vacated his office,—

1. (1) on sending his resignation in writing to the President;
2. (2) on his absence, without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council;
3. (3) on his ceasing to ordinarily reside in the State of Tamil Nadu for twelve consecutive months;
4. (4) on removal of his name from the register;
5. (5) on his applying to be adjudicated, or on his being adjudicated, as an insolvent;
6. (6) on his being declared to be of unsound mind by a competent court;
7. (7) on the expiry of the term of office mentioned in sub-section
8. (2) of section 5;
9. (8) on his being sentenced by a criminal court to imprisonment for any offence involving moral turpitude; or
10. (9) on his becoming a paid employee of the Council.

1. (1) The Government may, by order in writing, remove any member if, in the opinion of the Government, such member is guilty of gross misconduct in any respect, professional or otherwise, which renders him unfit to be a member.
2. (2) No member shall be removed under sub-section
3. (1) without being an opportunity of making his representation.

Filling up of casual vacancy

1. (1) Any casual vacancy in the office of an elected or a nominated member shall be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5: Provided that no casual vacancy in the office of an elected member occurring within six months before the date of the expiry of the term of office of the member shall be filled except with the previous sanction of the Government: Provided further that any casual vacancy in the office of a nominated member occurring within six months before the date of the expiry of the office of the member may, if the Government deem fit, be kept unfilled.
2. (2) A member filling a casual vacancy shall hold office so long as the member in whose place he is elected or nominated would have been entitled to hold office if the vacancy had not occurred.

1. (1) There shall be an Executive Committee of the Council consisting of—
   • (a) the President, ex-officio; and
   • (b) four members elected from among themselves by the members of the Council at the first meeting of the Council, in the manner prescribed.
2. (3) Any casual vacancy in the office of a member of the Executive Committee shall be filled up by the Council by electing a member of the Council and the member so elected in the casual vacancy shall hold office for the residue of the term for which the person in whose place he is elected would have been a member of the Executive Committee.
3. (4) The Council may, in accordance with the rules and with the previous sanction of the Government, delegate any of its powers or functions to the Executive Committee.

1. (1) The Council may,—
   • (a) establish Siddha medical institution with the approval of the Government;
   • (b) give approval to establish Siddha medical institution and to withdraw such approval with the previous approval of the Government;
   • (c) grant aid to Siddha medical institution;
   • (d) direct the governing body or the authority in-charge of any Siddha medical institution, the establishment of which has been approved by the Council, to furnish within such period as may be specified in such direction, such reports, returns or other information as the Council may require to judge the efficiency of such institution;
   • (e) inspect Siddha medical institution and also hospitals, dispensaries, asylum, infirmary, lying-in-hospital and sanatorium;
   • (f) recommend to Government the opening of new hospitals and dispensaries;
   • (g) prescribe and publish text books for the courses provided by the Siddha medical institution;
   • (h) evolve norms for standardisation of Siddha medicine;
     • (i) make regulations for the manufacture and sale of Siddha medicine;
   • (j) unearth various Siddha medicine and formulations kept secret by hereditary practitioners and popularise them;
   • (k) formulate the aims and patterns of research on scientific lines in Siddha medicine;
   • (l) undertake any research or research oriented programme;
   • (m) propagate the research activities and their results in Siddha medicine both at national and international levels;
   • (n) procure rare and esoteric cudgeon leaf literature, old manuscripts and rare printed books in Siddha medicine and undertake their publications and documentation;
   • (o) make regulations for the conduct of its meetings;
   • (q) receive grants, donations, gifts and endowments;
   • (r) incur such expenditure, adopt such measures and do such acts as may be necessary for the furtherance of the powers and functions mentioned in this section; prescribe by regulations the standards of professional conduct and etiquettes and code of ethics to be observed by a registered practitioner; and
   • (t) promote activities and research in the development of medicinal herbs and minerals.
2. (2) The Council shall perform such other functions as the Government may direct for carrying out the purposes of this Act.

1. (1) The Council and the Executive Committee shall meet at such time and place, and every meeting of the Council or the Executive Committee shall be summoned by such person and in such manner as may be prescribed by regulations: Provided that until such regulations are made, it shall be lawful for the President to summon a meeting of the Council or the Executive Committee at such time and place as he may deem expedient by letter addressed to each member of the Council or of the Executive Committee.
2. (2) All questions at a meeting of the Council or the Executive Committee shall be decided by a majority of the members present and voting and in the case of an equality of votes, the President or the member presiding shall have a second or casting vote: Provided that in the case of equality of votes at an election, the choice shall be by casting lots.
3. (3) The members of the Council and the members of the Executive Committee shall be paid such daily and travelling allowances as may be prescribed.

(1)

1. (a) The Council shall appoint a Registrar who shall be,-
   • (i) the Secretary to the Council;
   • (ii) the Treasurer to the Council unless the Council appoints another person as Treasurer; and
   • (iii) the Secretary to the Executive Committee;
2. (b) The Council may, at any time, remove the Registrar from office by resolution passed at a special meeting convened for the purpose and by a majority of not less than two-thirds of the members present and voting: Provided that before taking any action under this clause to remove the Registrar, he shall be given an opportunity of making his representation.
3. (c) The appointment of Registrar under clause
4. (a) or his removal from office under clause
5. (b) shall be subject to the approval of the Government and shall not take effect until such approval has been given.

1. (2) Where any temporary vacancy occurs in the office of the Registrar or if the Registrar is, by reason of absence, illness or for any other reason, unable to exercise the powers and perform the duties of his office, his powers and duties shall be exercised and performed by such person and in such manner and for such period, not exceeding three months, as the President may direct.
2. (3) The Council may also appoint such other officers and servants as it may deem necessary for the performance of its function under this Act.
3. (4) The remuneration and other conditions of service of the Registrar and other officers and servants of the Council shall be such as may be specified by regulations.
4. (5) All officers and servants of the Council including the Registrar appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

If at any time it appears to the Government that the Council has neglected to exercise or has as exceeded or abused any power conferred upon it by or under this Act or has neglected to perform any duty imposed upon it by or under this Act, they may notify the particulars of such neglect, excess or abuse to the Council and issue such directions as may be necessary to rectify such neglect, excess or abuse, within such time as may be specified in this behalf. If the Council fails to rectify such neglect, excess or abuse within the time specified, the Government may, for the purpose of rectifying such neglect, excess or abuse, cause any of the powers and duties of the Council to be exercised and performed by such person or authority for such period as the Government may deem fit.

1. (1) Notwithstanding anything contained in section 16, the Government may appoint a Special Officer, who is, or has been, or is qualified to be appointed as a District Judge, to inquiry any neglect, excess or abuse referred to in section 16 and refer to him the particulars of such neglect, excess or abuse for inquiry. The Special Officer shall conduct the inquiry in a summary manner and report to the Government as to the truth of the particulars referred to him and in case of any such neglect, excess or abuse being found by the Special Officer to have been established, the Special Officer shall recommend the remedial measures which are in his opinion necessary.
2. (2) The Government may direct the Council to carry out the remedial measures recommended by the Special Officer within such time as may be specified in the direction. If the Council fails to comply with any such direction, the Government may pass such orders or take such action as they deem necessary to give effect to the recommendation of the Special Officer.