LexThe KERALA STATE MEDICAL PRACTITIONERS ACT, 2021
Kerala · state statute
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[Translation in English of “2021-ലലെ കകേരള സനസക്കാന ലമഡേവികല് പ്രക്കാകതീഷകണഴഗ
ആകഗ ” published under the authority of the Governor.]
ACT 36 OF 2021
THE KERALA STATE MEDICAL PRACTITIONERS ACT, 2021
An Act to unify the existing enactments to regulate the qualification and to
provide for the registration of practitioners of Modern Medicine, Indian Systems
of Medicine and Homoeopathic Medicine in the State of Kerala and for matters
connected therewith or incidental thereto.
Preamble.— WHEREAS, it is expedient to unify the existing enactments
to regulate the qualification and for the registration of practitioners of Modern
Medicine, Indian Systems of Medicine and Homoeopathic Medicine in the State
of Kerala and to provide for matters connected therewith or incidental thereto;
BE it enacted in the in the Seventy-second Year of the Republic of India, as
follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Kerala
State Medical Practitioners Act, 2021.
(2) It shall be deemed to have come into force on 24 th day of
February, 2021.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Council” means, in relation to matters pertaining to Modern
Medicine, the Council of Modern Medicine, in relation to matters pertaining to
Indian Systems of Medicine, the Council of Indian Systems of Medicine and in
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relation to matters pertaining to Homoeopathic Medicine, the Council of
Homoeopathic Medicine, constituted under section 3 and the first Council starts
from the date of the first meeting of each Council constituted under this Act;
(b) “Government” means the Government of Kerala;
(c) “Homoeopathy” means the system of Medicine founded by
Dr. Hahnemann and the expression “Homoeopathic” shall be construed
accordingly;
(d) “Hospitals” including Medical College Hospitals, other recognized
Teaching Hospitals, “Dispensaries”, “Clinics”, “Sanatorium”, “Nursing homes”,
“Panchakarma Hospitals”, “Ayurvedic Treatment Centres”, “Unani Rejumental
Therapy Centres”, “Siddha Therapy Centres”, “Verma/Merma Therapy Centres”
and other cognate expressions means, institutions where the method of
treatments are carried on and are those approved by the appropriate Council;
(e) “Indian Systems of Medicine” means the Ayurvedic Medicine, the
Siddha Medicine, the Unani Tibbi Medicine, Yoga and Naturopathy and such
other types of medicines as the Council of Indian Systems of Medicine may,
from time to time, recognize;
(f) “Medical Institution or Medical College” means, any recognized and
approved institution where teaching or training are imparted in the art and
science of healing of human ailments according to Modern Medicine,
Homoeopathic Medicine or Indian Systems of Medicine;
(g) “Modern Medicine” means modern scientific system of medicine
including surgery and obstetrics;
(h) “Naturopathy” means a drugless, non-invasive system of therapy
including the use of natural materials in its treatments based on the theory of
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vitality, the theory of toxemia, the theory of the self healing capacity of the body
and the principles of healthy living;
(i) “Naturopathy Institution” means any recognized and approved,—
(i) Educational institution conducting the Bachelor of Naturopathy
and Yoga Sciences (BNYS); or
(ii) Naturopathy hospitals with outpatient department and inpatient
department; or
(iii) Naturopathy Clinic with outpatient department;
(j) “practitioner” means any person practising in the Modern Medicine or
the Indian Systems of Medicine or the Homoeopathic Medicine, as the case may
be, with a valid registration from the Kerala State Medical Councils;
(k) “President” means the president of the Council concerned;
(l) “qualified practitioner” means practitioner holding recognised
qualification;
(m) “recognised qualifications” mean the qualifications enumerated in
the Schedule;
(n) “register” means a register of practitioners maintained under this Act;
(o) “registered practitioner” means a practitioner whose name is entered
in the register maintained under this Act from time to time;
(p) “Registrar” means the Registrar appointed under section 19;
(q) “regulations” mean the regulations made by the respective Council
under this Act;
(r) “rules” mean the rules made by the Government under this Act;
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(s) “Schedule” means the schedule to this Act;
(t) “State” means the State of Kerala.
CHAPTER 2
ESTABLISHMENT OF COUNCILS
3. Establishment, incorporation and constitution of Councils.— (1) The
Government shall, by notification in the Gazette, establish the following three
Councils, commonly known as Kerala State Medical Councils, namely:—
(a) the Council of Modern Medicine;
(b) the Council of Indian Systems of Medicine;
(c) the Council of Homoeopathic Medicine.
(2) Each such Council shall be a body corporate having perpetual
succession and a common seal and shall, by the said name sue and be sued:
Provided that the Councils function at the time of coming into force of
this Act shall be deemed to have established under this Act and continue as such
till Councils under this Act are constituted.
(3) The Council of Modern Medicine consists of the following fifteen
members, namely:—
(a) the Director, Medical Education Department (ex-officio);
(b) the Director, Health Services Department (ex-officio);
(c) one member having not less than fifteen years teaching
experience elected by the faculty members of Modern Medicine, Kerala
University of Health Sciences from among themselves;
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(d) one member nominated by the Government from among the
Principals of the Government Medical Colleges in the State, affiliated to the
Kerala University of Health Sciences;
(e) one member having not less than fifteen years teaching
experience elected by the Principals of the Private/Self Financing Medical
Colleges in the State, affiliated to the Kerala University of Health Sciences from
among themselves;
(f) Five members having not less than fifteen years experience,
elected by the registered practitioners of Modern Medicine in the State, from
among themselves;
(g) Four members having not less than fifteen years experience,
nominated by the Government from the medical practitioners of Modern
Medicine in the State, of whom,—
(i) one shall be a member of the scheduled caste or
scheduled tribe; and
(ii) one shall be a woman.
(h) The Registrar of the Kerala University of Health Sciences
(ex-officio).
(4) The Council of Indian Systems of Medicine consists of the
following fifteen members, namely:—
(a) the Director, Ayurveda Medical Education Department
(ex-officio);
(b) the Director, Indian Systems of Medicine Department
(ex-officio);
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(c) one member elected by the faculty members of Ayurveda,
Siddha, Unani, Yoga and Naturopathy affiliated to the Kerala University of
Health Sciences, from among themselves;
(d) one member nominated by the Government from among the
Principals of the Government Ayurveda Medical Colleges in the State, affiliated
to the Kerala University of Health Sciences;
(e) one member elected by the Principals of the Private/
Aided/Self Financing Medical Colleges of Ayurveda/Siddha/Unani and Yoga and
Naturopathy institutions in the State, affiliated to the Kerala University of Health
Sciences from among themselves ;
(f) one member elected by the registered practitioners of
Ayurvedic Medicine in the State, from among themselves;
(g) one member elected by the registered practitioners in the
Siddha Medicine in the State, from among themselves;
(h) one member elected by the registered practitioners of Unani
Tibbi Medicine in the State, from among themselves;
(i) one member elected by the registered practitioners of Yoga
and Naturopathy in the State, from among themselves;
(j) Five members nominated by the Government from among the
registered practitioners of Indian Systems of Medicine, of whom,—
(i) One each shall be from Siddha, Unani and Yoga and
Naturopathy;
(ii) One shall be a member of the scheduled caste or
scheduled tribe; and
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(iii) One shall be a woman.
(k) The Registrar of Kerala University of Health Sciences
(ex-officio).
(5) The Council of Homoeopathic Medicine consists of the following
twelve members, namely:—
(a) the Principal and Controlling Officer, Homoeopathic Medical
Education (ex-officio);
(b) the Director, Homoeopathic Department (ex-officio);
(c) one member elected by the faculty members of Homoeopathic
Medicine, Kerala University of Health Sciences, from among themselves;
(d) one member nominated by the Government from among the
Principals of the Government Homoeopathic Medical Colleges in the State,
affiliated to the Kerala University of Health Sciences;
(e) one member elected by the Principals of the Private/
Aided/Self Financing Homoeopathic Medical Colleges in the State, affiliated to
the Kerala University of Health Sciences from among themselves ;
(f) three members elected by the registered practitioners of
Homoeopathic Medicine in the State, from among themselves;
(g) three members nominated by the Government from the
registered practitioners of Homoeopathic Medicine in the State, of whom,—
(i) one shall be a member of the scheduled caste or
scheduled tribe; and
(ii) one shall be a woman.
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(h) The Registrar of Kerala University of Health Sciences
(ex-officio).
4. Nomination of members in default of election.— If any of the members
mentioned in clause (c), (e) or (f) of sub-section (3) or clause (c), (e), (f), (g), (h)
or (i) of sub-section (4) or clause (c), (e) or (f) of sub-section (5) of section 3 is
not elected within six months, the Government may nominate such qualified
registered practitioners as the case may be, and the practitioners so nominated
shall, for the purposes of this Act, be deemed to have been duly elected under
clause (c), (e) or (f) of sub-section (3) or clause (c), (e), (f), (g), (h) or (i) of
sub-section (4) or clause (c), (e) or (f) of sub-section (5) of section 3, as the case
may be.
5. Qualification of members.— Every member of a Council shall be a
registered practitioner and holder of a recognized qualification.
6. Nomination of members of first Councils.— Notwithstanding anything
contained in sections 3 and 4, in the case of the first Councils, all the members
other than the ex-officio member shall be nominated by the Government:
Provided that the members so nominated shall be registered
practitioners and holders of recognized qualifications.
7. Term of office of members.— (1) Save as otherwise provided in this Act,
the term of office of the members other than the ex-officio members shall be for
a period of five years from the date on which the first meeting of such Council is
held.
(2) An outgoing member on completion of term, shall continue in
office until his successor is elected or nominated, as the case may be.
(3) An outgoing member on completion of term, shall be eligible for
re-election or renomination one more time, if otherwise qualified.
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8. President and Vice-President.— (1) Each Council shall elect one of its
members to be its President and another member to be its Vice-President:
Provided that the President and Vice-President of the first Council
shall be nominated by the Government.
(2) The President shall be deemed to have vacated his office on
resignation or on the expiry of his term of office as a member or on his otherwise
ceasing to be a member.
(3) The Vice-President shall be deemed to have vacated his office,—
(a) on resignation or on the expiry of his term of office as a
member or on his otherwise ceasing to be a member; or
(b) on his election as President.
(4) When the office of the President is vacant, the Vice-President shall
exercise the functions of the President, until a new President assumes office.
(5) When the office of the President is vacant, or the President is
incapacitated and at the same time, there is a vacancy in the office of the Vice-
President or the Vice-President is incapacitated, the Registrar shall, after giving
notice of not less than seven clear days to the members of the Council, convene a
meeting for the election of a President, if there is a vacancy in that office. Until
a new President is elected and assumes office, or either the President recovers
from his incapacity, Director of Medical Education, Director of Ayurveda
Medical Education, Principal and Controlling Officer of Homoeopathic Medical
Education, as the case may be, shall, notwithstanding anything contained in this
Act, be ex-officio member and President of the respective Council.
(6) An outgoing President or Vice-President is eligible for re-election if
otherwise qualified.
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Explanation:- A new President or Vice-President shall be deemed to
have assumed office on his being declared elected as such.
9. Vacancies.— If any vacancy occurs in the office of a member of a
Council through death, resignation, removal or disqualification of such member
or otherwise, prior to the expiry of the term of his office, the vacancy shall be
filled in the manner prescribed by rule. Any person elected or nominated to fill
the vacancy shall, notwithstanding anything contained in section 8, hold office
only so long as the member in whose vacancy he is elected or nominated would
have held office if the vacancy had not occurred:
Provided that it shall be lawful for the Council to exercise its powers
under this Act, notwithstanding such vacancy.
10. Appointments to be notified in the Gazette.— All elections, nominations
and the appointments of the President, Vice-President, members of each Council
and the Registrar shall be notified in the Official Gazette by the Government.
11. Disqualifications for membership.— A person shall be disqualified for
being a member, or for being elected or nominated as a member of a Council,—
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he has been punished by the Council concerned in any manner
for infamous conduct in the profession or if he is dismissed from service under
any Government;
(d) if his name has been removed from the register concerned
maintained under this Act and has not been reinstated under this Act;
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(e) if having been elected under clause (c) of sub-section (3), clause (c)
of sub-section (4) or clause (c) of sub-section (5) of section 3, he ceases to be a
member of the Faculty of Modern Medicine, Homoeopathic Medicine or Indian
Systems of Medicine of Kerala University of Health Sciences, as the case may
be;
(f) if having been nominated under clause (d) of sub-section (3), clause
(d) of sub-section (4) or clause (d) of sub-section (5) of section 3, he ceases to be
a Principal of the Government Medical College, Government Homoeopathic
Medical College or Government Ayurveda Medical College in the State, as the
case may be; or
(g) if having been elected under clause (e) of sub-section (3), clause (e)
of sub-section (4) or clause (e) of sub-section (5) of section 3, he ceases to be the
Principal of Private Medical College or Private/Aided/Self Financing Medical
College of Ayurveda/Siddha/Unani/Yoga and Naturopathy Institution or
Private/Aided/Self Financing Homoeopathic Medical College in the State, as the
case may be.
12. Cessation of membership.— A member of a Council shall be deemed to
have vacated his seat,—
(a) on the expiry of the term of office;
(b) on resignation;
(c) on being absent without sufficient cause in the opinion of the
Council concerned from three consecutive meetings of such Council; or
(d) on becoming subject to any of the disqualifications
mentioned in section 11.
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13. Resignation of Membership.— Any member or Vice-President of a
Council may at any time resign his office by giving notice in writing to the
President. The President may resign his office by giving notice in writing to the
Council concerned. Such resignation shall take effect in the case of a member,
or Vice-President from the date on which it is received by the President and in
the case of the President from the date on which it is placed before the Council.
14. Validity of Proceedings.— (1) No disqualification or defect in the
election or nomination of any person acting as a member of a Council or as
President or Vice-President or presiding member of a meeting shall be deemed to
invalidate any act or proceedings of such Council in which such person has taken
part.
(2) No act done by a Council shall be deemed to be invalid on the
ground merely of the existence of any vacancy in or any defect in the
constitution of such Council.
15. Time and place of meeting of Council.— Each Council shall meet at
such time and place and every meeting of the Council 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 at such time and place as he may deem expedient
by notice addressed to each member.
16. Presidency at meetings of Council and procedure thereto.— (1) Every
meeting of a Council shall be presided over by the President, in his absence by
the Vice-President and in the absence the President and the Vice-President, by a
member chosen by the meeting to preside for the occasion.
(2) The President shall preserve order and shall decide all points of
order at or in connection with meetings. After the explanation of the member on
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the point of order, the President can take the decision and the said decision shall
be final.
(3) The Vice-President or the member presiding for the occasion shall,
for that meeting and during the period in which he presides over it, have all the
powers of the President.
(4) The matters which are to be decided by voting in a meeting of a
Council shall be decided by the votes of the majority of the members present and
voting at the meeting. Two third of the members will form a quorum. If within
half an hour from the time appointed for the meeting there is no quorum, the
meeting may stand adjourned to the same day in the following week at the same
time and place, unless a place, date and time are decided otherwise and if at the
adjourned meeting there is no quorum within half an hour from the time
appointed for the meeting, the members present shall form a quorum.
(5) At every meeting of a Council, the President shall, in addition to his
vote as a member of the Council, have a second or casting vote in case of votes
being equal.
17. Payment of fee and allowances.— There shall be paid to the President,
Vice-President and other members of each Council such fees and allowance for
attendance in connection with the meetings of the Council or of any committee
thereof and such travelling allowances as shall, from time to time, be prescribed
by rules.
18. Executive Committee and other committees.— Each Council shall have
power to appoint an Executive Committee, Ethics Committee and other
Committees from among its members and to delegate to such committee such of
the powers and duties vested in the Council as the Council may deem fit, other
than those provided by sections 19, 20 and 21.
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19. Registrar.— (1) The Government shall, appoint a Registrar common to
all the Councils and he shall be the Secretary to such Councils and committees
appointed under section 18. The Government may grant him leave and may
appoint a person to act in his place.
(2) The appointment of Registrar shall be made from the post not
below the rank of Additional Secretary from Law Department, on deputation
basis.
20. Duties of Registrar.— (1) The Registrar shall be Chief Executive of the
three Councils and also the Head of the office of the Council.
(2) Subject to the provisions of this Act and subject to any general or
special order of the Council concerned, it shall be the duty of the Registrar to
keep the registers.
(3) There shall be separate registers for Modern Medicine,
Homoeopathic Medicine, Ayurvedic Medicine, Siddha Medicine, Unani Tibbi
Medicine, Yoga and Naturopathy. The registers shall be in such form and shall
contain such particulars as may be prescribed by rules.
(4) The Registrar shall keep the registers up-to-date in accordance with
the provisions of this Act and the rules and regulations made thereunder, and
shall remove from the registers the names of registered practitioners who are
dead or whose names are directed to be removed from the registers under
sections 28, 29, 33 and 34.
(5) The registers shall be deemed to be public documents under section
74 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).
21. Appointment/Recruitment.— (1) A joint sitting of all the three Councils
may appoint or employ such other officers and employees on prescribed by rules
as it may deem necessary, for the purposes of this Act. The Registrar shall be the
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appointing authority of all office staff of the Councils and he shall also be the
disciplinary authority:
Provided that the number and designations of such officers and
employees and their salaries and allowances shall be subject to the previous
approval of the Government.
(2) The method of recruitment and the conditions of service such as
pay, allowances, promotions, leave, pension, gratuity and provident fund relating
to the officers and employees appointed or employed under sub-section (1) shall
be governed by the rules applicable to officers and employees of the Government
of similar class/grade.
(3) All officers and employees appointed or employed under
sub-section (1) shall be under the direct control and supervision of the Registrar.
The powers of the Registrar to punish, dismiss, discharge and remove any such
officer or employees shall be governed by such rules as may be prescribed by the
Government in this behalf.
(4) All officers and employees appointed or employed under
sub-section (1) shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
22. Framing of regulations and procedure for amendment thereof.— (1) As
soon as the first Council is formed, the Council of Modern Medicine, the Council of
Indian Systems of Medicine and the Council of Homoeopathic Medicine shall
make regulations consistent with this Act and rules made thereunder by
notification with the previous approval of Government.
(2) Each Council is competent to delete, add to, modify or alter all or
any of the regulations. A proposal for such deletion, addition, modification or
alteration shall not be taken into consideration unless twenty five or more
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registered practitioners petition to such Council and demand the same. Such
changes shall not be deemed to have been effected by such Council unless not
less than three fourth of the members present at the meeting of such Council vote in
favour of the same.
23. Default of Council.— (1) If at any time it is convinced to the
Government that a Council has failed to exercise or has exceeded or abused any of
the powers conferred on it by or under this Act or has failed to perform any of
the duties imposed upon it by or under this Act, the Government may, if it
considers such failure, excess or abuse to be of a serious character notify the
particulars thereof to such Council, and if such Council fails to remedy such
default, excess or abuse, within such time the Government may fix in this behalf,
the Government may dissolve such Council and cause all or any of the powers
and duties of such Council to be exercised and performed by such a person and
for such period as it may think fit, and thereupon the funds and property of such
Council shall vest in the Government for the purposes of this Act until a new
Council have been constituted under section 3.
(2) When the Government have dissolved a Council under
sub-section (1), it shall take steps as soon as may be to constitute a new Council
under section 3 and thereupon the property and funds referred to in
sub-section (1) shall vest in the Council so constituted.
CHAPTER 3
REGISTRATION, POWERS AND RESPONSIBILITIES
24. Eligibility for registration.— (1) Every holder of a recognized
1[qualification acquired] by a regular mode of education attending theory of
medical science and sufficient number of days of practical training from
1. Erratum vide SRO No.868/2021
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recognized institution, is eligible to be registered as medical practitioner under
this Act.
(2) No person shall be eligible for registration under sub-section (1), if
he is subject to any of the disqualifications mentioned in clauses (a) to (d) of
section 11.
25. Registration.— (1) All applications for registration under section 24
shall be sent direct to the Registrar.
(2) Application for registration under this Act shall be in the prescribed
form and accompanied by such fee as prescribed by rules.
(3) Every registered practitioner who applies to the Registrar for
registration in respect of any additional recognized qualification obtained shall
pay fee as fixed by the Council from time to time.
(4) The Registrar shall place all applications under this section before
the committee of the Council concerned, appointed for the purpose, for its report.
(5) The report of the committee under sub-section (4) shall be placed
before the Council concerned for its decision.
(6) If the Council concerned allows the registration of the applicant,
the Registrar shall enter the name of the applicant in the register concerned and
issue him a certificate in such form and containing such particulars as prescribed
by rules.
(7) In the case of transfer of registration of a person whose name has
been registered on the basis of the primary or additional recognized qualification,
as the case may be, under any enactment for the registration of practitioners in
Modern Medicine, Indian Systems of Medicine or Homoeopathic Medicine for
the time being in force in any State in India, shall apply for such a registration in
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the prescribed form accompanied by such fee as fixed by Council from time to
time and registration may be given subject to the scrutiny of documents and the
certification from the State Councils concerned.
(8) Any practitioner not registered under this Act or to whom
sub-section (7) does not apply but registered in any other State in India shall
obtain the registration of the Council concerned for practicing as a medical
practitioner for a specific period in the State on applying in such form and on
payment of such fee as may be prescribed by rules.
(9) Every practitioner shall renew his registration in every ten years as
prescribed by rules.
26. List of practitioners as on a date to be notified by the Government
under this Act.— (1) The Registrar shall prepare and keep a list called “List of
persons in practice” as on the date to be notified by the Government under this
section.
(2) Every person registered as per the Travancore-Cochin Medical
Practitioners Act, 1953 (Act IX of 1953) shall be deemed to be registered under
this Act:
Provided however, that any person whose name has been removed from
the registers maintained under the Travancore-Cochin Medical Practitioners
Act, 1953 (Act IX of 1953) or the registers maintained under any Act of a State
Legislature in India or of the register of any country where he was formerly
practising, for professional misconduct, shall not be entitled to have his name
entered in the list.
(3) The provisions of sub-sections (3) and (4) of section 20, section 27
and section 33 shall mutatis mutandis apply to the list referred to in
sub-section (1).
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27. Practitioners registered under the Travancore-Cochin Medical
Practitioners Act, 1953.— (1) Every practitioner registered under the
Travancore-Cochin Medical Practitioners Act, 1953 (Act IX of 1953) and all
practitioners deemed to have been registered under that Act, shall be deemed to
be a practitioner registered under this Act, if at the commencement of this Act,
his name stands entered in the appropriate register maintained under the said Act
and every Bachelor of Naturopathy and Yoga Science degree holders
provisionally registered in this Council as per G.O.(P) No.361/2009/H&FWD
dated 19th October, 2009 shall be deemed to be registered under this Act and
every certificate of registration issued to every such practitioner shall be deemed
to be a certificate of registration issued under this Act.
(2) The Registrar shall, as soon as may be after the commencement of
this Act, enter in the appropriate registers the names of all such practitioners as
are referred to in sub-section (1) on an application and without payment of any
fee:
Provided that this section shall not be applicable in the case of renewal
of registration.
28. Removal from registers by Council.— (1) The name of any person who
becomes subject to any of the disqualifications mentioned in clauses (b) to (d) of
section 11 shall after obtaining an explanation in writing and after affording an
opportunity of being heard, be liable to be removed altogether or for a specific
period from the register:
Provided that the Council concerned may, on sufficient cause being
shown, direct that the name of the practitioners so removed shall be re-entered in
the register:
Provided further that the Council can suspend the registration of a
medical practitioner forthwith in case of his conviction by a competent criminal
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court for any criminal offence, unsoundness of mind, removal or dismissal from
Government service or serious violation of medical ethics. An enquiry shall be
started by the Council or through its Ethics Committee, soon after the suspension
of registration and final decision of removal shall be based on the enquiry report.
(2) The name of a practitioner shall not be removed from the register
on the ground of his association in any professional respect with an unregistered
practitioner for consultation, if such unregistered practitioner is possessed of
recognized qualification:
Provided that the registered practitioner shall not be relieved of any
obligations or compliance of any rules of conduct which may be imposed upon
registered practitioners generally by the Council concerned.
29. Removal from registers on application.— (1) Any practitioner
registered under this Act may make an application to the Council concerned for
the removal of his name from the register of practitioners and the Council may,
on such application, direct such removal:
Provided that no application from such practitioner for the removal of
his name from the register shall be considered during the pendency of any
disciplinary proceedings against him or in cases where disciplinary proceedings
are contemplated against him, until such proceedings are dropped or concluded:
Provided further that if any such application is made with a view to
enable the applicant to pursue a course of conduct which would have brought
him under the disciplinary jurisdiction of the Council concerned, had his name
continued to remain on the register, it shall be rejected.
(2) A practitioner whose name has been removed from the register
under sub-section (1) may, on application being made and on payment of such
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fees as may be prescribed by rules, get himself re-registered, if he is at that time
eligible for registration under this Act.
30. Annual list of practitioners.— (1) The Registrar shall in every year on a
date to be fixed by the appropriate Council, cause to be published in the website a
full or supplementary list of the names and qualification of all practitioners
registered under this Act and the dates on which such qualifications were
acquired.
(2) The Registrar shall, from time to time, cause to be published in the
website the names of such practitioners which have been duly removed under
any of the provisions of this Act.
(3) In any proceeding it shall be presumed that every person whose
name is entered in the list published under sub-section (1) is a registered
practitioner and that any person whose name is not so entered is not a registered
practitioner:
Provided that in the case of a person whose name has been entered
in the register after the publication of the list, a certified copy signed by the
Registrar of the entry of the name of such person in the register shall be the
evidence that such person is registered under this Act.
31. Disabilities.— (1) No practitioner, other than a qualified registered
practitioner who has not undergone a course of practical training in surgery or
obstetrics under modern medicine to the satisfaction of the appropriate Council
shall practise surgery or obstetrics.
(2) No registered practitioner shall follow any other profession without
the sanction of the Council concerned so long as his name continues in the
register concerned.
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32. Privileges.— (1) Notwithstanding anything contained in any law for
the time being in force,—
(i) the words “legally qualified medical practitioner” or “duly
qualified medical practitioner” or any word or words imparting a
person recognized by law as a medical practitioner or a member of
the medical profession when used in any enactment for the time
being in force in the State shall be construed to mean a qualified
registered practitioner;
(ii) no certificate required by law to be given by a medical practitioner
shall be valid unless it is signed by a practitioner registered in
Part ‘A’ of the register as prescribed by rules;
(iii) no person other than qualified registered practitioner shall be
eligible to hold any appointment as hospital physician, surgeon,
specialist, super specialist or other medical officer in any
dispensary or any clinic, sanatorium, nursing home or other
similar institutions.
(2) Any person who, not being eligible to hold any appointment
referred to in clause (iii) of sub-section (1), holds any such appointment shall, on
conviction, be punishable with fine which may extend to rupees five lakh.
(3) Whoever, after having been convicted under sub-section (2),
continues to hold any such appointment shall, on conviction be punished for
each day after the previous date of conviction during which he continues to hold
the appointment, with fine of rupees ten thousand for each day.
33. Appeal to the Council from the action of the Registrar.— (1) Any
person aggrieved by the action of the Registrar regarding any entry in the
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register may appeal to the Council concerned within thirty days from the
date of receipt of the intimation of the Registrar.
(2) Such appeal shall be heard and decided by the Council in the manner
prescribed by regulations.
(3) The Council concerned may, of its own motion or on the
application of any person, after such inquiries as the Council may deem fit to
make and after giving an opportunity to the person concerned of being heard,
cancel or alter such entry in the register, if in the opinion of the Council, such
entry was fraudulently or incorrectly made.
(4) The Council or its members or authorized officer may suo moto or
on a complaint visit and inspect such places referred under clause (iii) of
sub-section (1) of section 32 and may report to the Council concerned.
34. Alteration of register by Government.- The Government may after,
giving notice to the person concerned and to the Council concerned and after
inquiry into his objections, if any, order that any entry in the register which shall
be proved to the satisfaction of the Government to have been fraudulently or
incorrectly made or brought about, be cancelled or amended.
35. Appeal to Government from the decision of the Council.- An appeal
shall lie to the Government from every decision of a Council under sections 25,
28 and 33. Such appeal shall be preferred within three months from the date on
which notice of the order of the Council was issued, in such manner and subject
to such conditions as may be prescribed by rules.
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CHAPTER IV
MEDICAL PRACTITIONERS GENERALLY
36. Persons not registered under this Act, etc., not to practice.— No person other
than (i) a registered practitioner or (ii) a practitioner whose name is entered in
the list of practitioners published under section 30 or (iii) a practitioner whose
name is entered in the list mentioned in section 26 shall practise or hold himself
out, whether directly or by implication, as practising Modern Medicine,
Homoeopathic Medicine or Ayurvedic Medicine, Siddha Medicine or Unani
Tibbi medicine, Yoga and Naturopathy or hold any post including teaching posts
in any of the medical institutions in Government, public or private sector and no
person who is not a registered practitioner of any such medicine shall practise
any other branch of medicine unless he is also a registered practitioner of that
medicine.
37. Penalty.— (1) Any person who acts in contravention of section 36
shall, on conviction be punishable with fine which may extend to two lakh
rupees for the first offence and five lakh rupees for each subsequent offence after
his conviction for such first offence.
(2) Any qualified person without a valid registration under this Act
who practises in the branch of his qualification or other branches and any death
or invalidity to a human life causes, he shall be liable on conviction for a penalty
of rupees five lakh or imprisonment for a term of one year or both.
(3) Any person without qualification or valid registration practises in
any system of medicine and his practice causes death or permanent invalidity, on
conviction, he shall be liable for a fine of rupees five lakh or imprisonment for a
term of two years or both and on subsequent offence double the fine and term of
imprisonment and also the offences affecting human body under Chapter XVI of
Indian Penal Code, 1860 (Act 45 of 1860) shall, appropriately be applicable,
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according to the nature of gravity affected human body by such an unlawful
activity.
38. Authority to confer title.— The right of conferring, granting or issuing
in the State of Kerala degrees, diplomas, licences, certificates or other documents
stating or implying that the holder, grantee or recipient thereof, is qualified to
practice Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine,
Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, as the case
may be, shall be on the authority approved by the State Government or Central
Government.
39. Prohibition of conferment, of degree, etc.— (1) Save as provided by
section 38, no person shall confer, grant or issue or hold himself out as entitled to
confer, grant or issue any degree, diploma, license, certificate or other documents
stating or implying that the holder, grantee or recipient thereof is qualified to
practice Modern Medicine, Homoeopathic Medicine or Ayurvedic Medicine,
Siddha Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, as the case
may be.
(2) Whoever contravenes the provisions of sub-section (1) shall, on
conviction, be punishable with fine which may extend to two lakh rupees and if
the person, so contravenes is an association or organization, every member of
such association or organization who knowingly or willfully authorises or
permits the contravention shall on conviction, be punishable with fine which
may extend to five lakh rupees.
40. Penalty for unauthorized use of titles, etc., implying medical
qualifications.— (1) No person shall add to his name any title, letters or
abbreviations which imply that he holds a degree, diploma, license or certificate
as his qualification to practice Modern Medicine, Homoeopathic Medicine or
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Ayurvedic Medicine, Siddha Medicine, Unani Tibbi Medicine or Yoga and
Naturopathy, or any other kind of treatment unless,—
(a) he actually holds a registered degree, diploma, license or
certificate under this Act, and
(b) such degree, diploma, license or certificate,—
(i) is recognized by any law for the time being in force in
the State of Kerala;
(ii) has been conferred, granted or issued by an authority
referred to in the Schedule; and
(iii) has been recognized by the National Medical
Commission, Central Council of Indian Systems of Medicine and Central
Council of Homoeopathy, as the case may be.
(2) Whoever contravenes the provisions of sub-section (1) shall be
punishable, in the case of a first conviction, with fine, which may extend to two
lakh rupees and in the case of a subsequent conviction, with fine which may
extend to five lakh rupees.
41. Penalty for falsely assuming or using medical title.— Whoever
willfully and falsely assumes or uses any title or description or any addition to
his name implying that he holds a degree, diploma, license or certificate
conferred, granted or issued by any authority referred to in section 38 or
recognized by the National Medical Commission, the Central Council of Indian
Medicine and Central Council of Homoeopathy or that he is qualified to practice
Modern Medicine, Homoeopathic Medicine, Indian System of Medicine, Siddha
Medicine, Unani Tibbi Medicine or Yoga and Naturopathy, shall be punishable
with fine which may extend to two lakh rupees for the first offence and to fine
which may extend to five lakh rupees for each subsequent offence.
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42. Prosecution.— Whenever a Council is of the opinion that the
prosecution against any person for breaches of any of the provisions of this Act
is necessary, such Council may, by resolution, decide the institution of such
criminal procedure.
43. Cognizance of Offences.— (1) No court shall take cognizance of any
offence under this Act except on a complaint in writing of an officer authorized
by the Council in this behalf.
(2) No court inferior to that of Judicial Magistrate of the First Class
shall try any offence punishable under this Act.
44.Protection of action taken in good faith.— No suit, prosecution, penal
action or other legal proceedings shall lie against any person for anything which
is done in good faith or intended to be done under this Act or any rule or
regulations made thereunder.
45. Overriding effect.— The provisions of this Act and any rules and
regulations made thereunder shall have effect, notwithstanding anything
contained in any other law for the time being in force, in the matter of
registration of medical practitioner in the State.
46. Rules.— (1) The Government may, by notification in the Gazette,
make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, the Government may make rules,—
(a) with reference to the elections of President and Vice-President
or members including election petitions, deposits to be made by candidates
contesting for election as members and the conditions under which such deposits
may be forfeited:
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Provided that the deposit required shall not exceed ten
thousand rupees;
(b) as to the manner in which vacancies shall be filled under
section 9;
(c) as to the fees and other allowances payable to the President,
Vice-President and the other members of each Council under section 17;
(d) as to the form and contents of the registers and the particulars
to be entered therein under sub-section (3) of section 20;
(e) method of appointment of officers and employees under sub-
section 3 of section 20;.
(f) as to the powers of the Registrar to punish, dismiss, discharge
and remove any such of the officers appointed or employed under
sub-section (3) of section 21;
(g) as to the application fees and other amounts received under
this Act;
(h) as to the application form and fee under sub-section (2) of
section 25;
(i) as to the form of the certificate to be issued under sub-section
(6) of section 25 and the particulars which it shall contain;
(j) procedure for renewal of registration under sub-section (9) of
section 25;
(k) as to the procedure relating to appeal to the Government from
the decisions of each Council under section 35;
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(l) all other matters which may be necessary for the purpose of
carrying out the objects of this Act;
(3) Every rules made under this Act shall be laid, as soon as may be
after it is made, before the Legislative Assembly, while it is in session for a total
period of fourteen daExcerpt shown. Open the full act in Lexace.