The Tamil Nadu Medical Registration Act, 1914

The Tamil Nadu Medical Registration Act, 1914 Act 4 of 1914 Keyword(s): The British Medical Act, Council, Hospitals, Registered Practitioner, Doctor DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. pp ' . ' i~~ ! 1014: V.W. Aot Medical Reg;stiat,ion 729 '[TAMIL NADU] ACT No. IV 0%' 191 ae. (Received the assent of the Governor on the 6th Ayl $1 1914 and that of the Governor-General on the 27th April 1914; the a8aent of the Qovermr-General was fir& publi8hed in the Fort. St. George Gazette of the 12th May 1914.) An Act for the Registration of Medical Practi- tioners. WHEREAiSt is expedient to provide for tho registra- Preamble. tion of medical practitioners in the '[State of Tamil Nadu] ; It is hereby enacted as follows :- I. (1) This Act may be called the l[Tamil Ndu] Short~itle. Medical Registration Act, 1914. (2) It extends to the whole of the '[State ofExtent0 Tamil Nadu]. .-- 1 These words were substitubed for the word "Madras" by the Tamil Nadu Adeptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969. e For 8tatement of Object and Reasons, see Port St. George Gazette, 1913, Pt. TV, p. 699; for Report of Select Committee ) see iW, p. 931, and for Proceedings in Council, see ibid, pp. 370 and 786; M,1 914, Pt. IV., pp 90. 112, 399 and 404. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Lnws) At, 1949 (Tamil Nadu Act XXXV of 1949). This Act was extended to the Kanyakumari district and the Bhencottah taluk of the Tiruneheli district by section 3 of, and the First Sohedule to, the Tamil Nadu (Transferred Territory Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which / came into force on the 1st April 1961, repealing the correspond- ing law in that hTit0rY. 1 Thi8 expreaeion was subtituted for theexprfssion "Presl"dericy of &adme" by the Tamil hadu Adaptation of Laws Order, 1970, whioh was deemed to havo come into foroe on the 14th Jzn,*erv 1969 126-19-47 724 Hedicctl Registration [I914 : T.N. Act Ill Commerlcement 2. The ~~rovisionosf section 4 shall come into of AC~. force on such date as the 2[State Government] may notify in this behalf. The rest of this Act shall como into force at once. Definitions. 3. In this Act unless there is something repugnant - in the subject or context, (1) the British Medical Act means Statute " " 21 and 22 Victoria, Chapter 90 (The~lledicalA ct), and any Act amending the same ; (2) Council " means the Medical Courlcil ests- blished by this Act ; (3) " hosptal~", asylums", '' infirmaries," " dispensaries", lying-in-bo spitals " mean institu- " tions the methods of treatment carried on in whioh are those which are approved by the Medical Council establish4 by this Act; (4) pre~cribed"m eans prescribed by rules or " by-laws made under this Act; (5) "registered practitioner" means any person reg;stered under the provisions of this Aot. Privileges of 4. Notwithstanding anything to the oontrv in registered any enactment, rule, by-law or any other provision of Dreocitionetr. law- (1) No certificate required by law to be given by a medical practitioner or officer shall be valid unlese signed by a registered praotitioner. 1 The provisions of section 4 came int6 foroe on the 1st June 1916. 2 The words "Provincial Cto%ernment" were eubetituted for the words "Govsmor in Council" by the Adaptation Order of 1937 and the word "State' wM substituted for~'Provinoia1' by the Adaptstion Order of 1960. 1914 : T.N. Act IV] Medical Registration 725 l(2) Except with the special sanction of the 1 2[State Government] no one other than a registered practitioner shall be competent to hold any appoint- , ment as physician, surgeon or other medical officer in * any hospital, asylum, infirmary, dispensary or lying- in-hospital not supported entirely by voluntary oontri- butions or as Medical Officer of health. $[5. (1) A Medical Council shall be established for Conqtitution > i the '[State of Tamil Nadu] ,consisting of the following Melcd Uounoil. fifteen members, namely :- -. (a) one member elected by the '[Senate] of the University of Madras from among the members of the Faculty of Medicine of that University ; (b) one member elected by the '[Senate] of the. Andhra University from among the members of the Faculty of Medioine of that University ; 1 Under section 4 (3) of the Tamil Nadu Registration of Practitioners of Integrated Medioine Act, 1966 (Tamil Nadu Act XXVIT of 1966), practitioners registered under that Act are also oompetent to hold any appointment as physician, surgeon or other medical officer in sn institution of modern medicine, or as medical officer of health open to registered practitioners under this Act. a The words "Provincial Government" were substituted*for the words "Governor in Council" by t,he Adaptation Order of 1937 and the word ''State" was substituted for "Provincial" by I' the Adaptation Order of 1950. This section was substituted for section 6 by seation 2 of the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938). This expression wns substituted for tho oxpression "State of Madras" by tho Tnmil Nldu Adr~ptntiono f Laws Order, 1970, which was doemed to hn.ve come into force on ),he 14th Januorv 1969. This word was substituted for the words gLAcademic Council" by section 2 of rho Madras Med:crd Registration (Amend msnt) Act, 1943 (Madras Act IV of 1943). 'I'his was permanent.1~ rn-anacted by sectionF2 of, and the First Schedule to, the Tamil Nsdu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nalu h t VII of 1948). (c) one member elected from amongst themselves by such members of the staff of the Medical College-at Ma,dra+8, as are registered practitioners ; (d) one member elected from amongst themselves by such members of the staff of the Medical College at Vizagapatam, as are registered practitioners ; (e) one member elected from amongst the&- selves by such members of the staff of the Stanley Medical College, Madras, as are registered practitioners ; (f) seven members elected by the registered practitioners from amongst themselves ; and (g) three members nominated by the l[State] Government. , (2) In making nominations under clause (g) of sub-section (I) tho l[State] Government shall have due regard to the claims of women, of medical missions and of other groups of praotitioners, representatives of whom have not been elected by the electorates referred to in c1a;uses (a) to Cf) of that sub-section. (3) The president of the Council shall be elected by - the members of the Council from amongst themselves in the prescribed manner : Provided that for a period of four years from the date of the reconstitution of the Council under the Madras Medical Registration (Amendment) Act, 1938, the president shall be a person nominated by the '[State] Government and holding offioe during their pleasure, and where he is not already a member, shall a ojlgicio be a member of the Council in addition to the members specified in sub-section (1). (4) The vice-president shall be elected by the members of the Council from amongst themselves in the presob~e d manner .] - .-- 1 This word was substituted for the word " Provincial " by the Adsptation Order of 1960. 1914 : T.N. Act IV] Medical Registration 727 6. No person shall be eligible to be a member of ~ua~ifioetions the Counoil unless he is a registered practitioner. of membew. I [ * * * * * * * * ] %[7. A member of the Council other than.& nomi' Term of offloe nated president who is a member ex oficio, shall hold of elected and nominated office for a term of five years from the date of his members. eleotion or nomination and shall be eligible for re-elec- tion or re-nomination.] ",","g:s:f 8. A member of the Council shall be deemed to have vacated his seat-- (1) on sending his resignation in writing to the I president or registrar ; (2) on his absence without excuse sufIicient in the opinion of the Council from three consecutive meetings of the Council; (3) on his absence out of India for six consecutive months ; (4) on removal of his name from the register ; (6) on his being declared an insolvent by any oompetent court ; (6) on expiry of the term mentioned in sec- tion 7 ; 1. I I? This proviso was omitted by section 3 of the Madrap Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938). I/' 1 his section wae substituted for section 7 by section 4, {bid. a The word " and ", which was added by section 8 of the Madras Medical R0g;stration (Amordment) Art, 1935 (Madras Act XXI of 1035), wss on.itted by section 3 (i) of the Madras Medical Rcgietration '(Amondmont) Act, 1943 (Madras Act IV of 1943). This was permane~~tlrye -onacted by ~ect~io2n o f, and tho First SchcduIe to, the Tilmil Nadu Re-e~mctinga nd Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). I 728 Medical Registration [I914 : T.N. Act IV in case he was elected under a[clause I[(?') (a) or clause (b) ] of sub-section (1) of section 5, also on his ceasing to be a member of the Faculty of Medicine of the University conoerned.] 3[(8) in case he was elected under clause (c), clause (d) or clause (e) of sub-section (1) of section 5 and has ceased to be a member of the staff of the Medioal College concerned, also on the expiry of three months from the date .of such cessation or on the election of his successor, whichever occurs earlier.] 9. When the seat of any member becomes vacant, FIUing up of vacancies. the vacancy shdl be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5. '[9-A. (1) There shall be an .Executive Committee of the Council, consisting of its president and vice- president, ex oflcio, and three other members of the Council who shall be elected every year in the pres- oribed manner by the Council at its first meeting held in that year. (2) (a) Every member of the Executive Committee so elected shall hold office as such until the next annual election ; and if any casual vacanoy occurs before suoh election, the Executive Committee shall fil! that vacancy by electing a member of the Council : Provided that if before the vacancy is so filled, a meeting of the Council has been cdled for, the vactauoj shall be filled by the Council by electing one of itt members. -- ------ - 1 This clause was added by section 3 of the Madras Mod cctl Registration (Amendment) Act, 1935 (Madras Act XXI of 1935). r This c.xpression wau substituted for the exprmsion "rleuse (1,) or olaizse (bh) " by section 5 of the Madras Aledial Rcyistrat!on (Amendment) Act, 1938 (Madras Act XVI of 1938). 3 Thia cla~rsew as added by section 3 (ii) of the Madras hfvdicnl Registretion (Amendment) Act, 1943 (Madras Act IV of 1943). This was pertnan~ntly re-enacted by section 2 of, and the Firrt Schedule to, the Tamil Nadu Re-enacting and Repra~irg( No. I) 4ct, 1948 (Tamil Nudu Act VII of 1948). This section wee inserted by section 4, ibM. i9i4: ?.N. Act IVJ Yedioat Registration 729 (b)A member of the Committee elected to fill s ortsual vacancy shall hold office as such only until the next annual election. (3) The Council may, with the previous sanction of the l[State] Government, delegate any of its powers and duties to the Executive Committee. (4) The '[State] Government shall have power to cancel any delegation made under sub-section (3). (5) No business shall be transacted at a meeting of the Executive Committee unless at least three members thereof are present. - All questions which may come before the Executive Committee shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes, the president, vice-president or any councillor presiding &tt he meeting shall have a casting vote.] 10. (1) The Council shall appoint a registrar who ~~~i~~~~~ shall act as secretary of the Council and who shall also and other act as treasurer, unless the Council shall appoint another Officers+ person as treasurer. Every person so appointed shall be removable at the pleasure of the Council. (2) The Council may also employ such other per- sons as it may deem necessary for the purposes of this , Act. ntral (3) All persons appointed or employed under t XLV this section shall be deemed to be public servants 1860. within the meaning of section 21 of the Indian Penal Code. Edica1 11. It shallbe the duty of the registrar to keep a register of medical practitioners and from time to time to revise the register and publish it in the prescribed manner. 2[The names of the medical practitioners shall be arranged in the register in the alphabetical order, an asterisk being placed against the names of those who are entitled to vote at elections to the Medical Council of India under -- 1 Thii word was substituted for the word "Psovinoial" by the Adaptation Order of 19M). 2 This sentence wee inserted by seotion 6 of the Madraa Medical Registration (Amendment) Act, 1938 (Mads- Aot XVl of 1988). section 3 (1) (c) of the Indian Medioal Council Act, 1033*.] Such register shall be deemed to be a, public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the '[ Official Gazette]. Meetings of 12. Exoept as otherwise provided in this Act, Couu~il. no business shall be transacted at a meeting of the Council unless at least seven members are present. All questions which may come before the Council shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the oaae of an equality of votes the member presiding at tho meeting shall have a casting vote. 13. Subject to the provisions of section 14, every Persons who may be regia- person who- tered. (a) is for the time being registered under the British Medical Act ; or (b) is possessed of any of the qualifioations described in the Sohedule shall be entitled to be registered on furnishing to the registrar proof of suoh registration or qualificetion whether or not suoh perwn practices or infende to praotise the allopathio or any other system of medicine: Provided that the =[State Government] may, after oonsulting the Council, permib the registration of any person who shall furnish to the registrar proof that he is possessed of a medical degree, diploma .- 1 These words were eubstituted for the words '$FortS t. k g 6 Uaz8tts" by the Adaptation Order of 1937. 2 The words " Provinoial hvernment " were substituted for the words "hvernor in Counoil" by the Adaptation Order of 1937 and the word "State" waa substituted for "Provinoial" by the Adaptation Order of 1960. *See now eeotion 3(1) (0) of the Indian I\badical &unoil Aot 1956 (Oentral Act 102 of 1956). 1914: T.N. Act IV ] Mdical Reghtration 731 or certificate of any University, medical college or school approved by the Council, other than those described in the Schedule. '[Where such person is, at the time of his registration under this proviso, employed in a hospital, asylum, infl~lmaryd, ispensary or lying-in-hospital managed by a Mission, the '[State] Government shdl have power to direct that the registration shall be in force only so long as he continues to be employed in any such hospital, asylum, ixdnmry, dispensary or lying-in-hospital:] Provided further that the Counail may refuse to permit the registration of any person who has been convicted of- any such offence as implies in the opinion of tli8 h c i l a , defect of character or who, after an enquiry at which opportunity has been given to the candidate to be heard jn person or by pleader, has been held by the Council to have been guilty of infamous oonduct in any professional respect. 4 . (1 ) Everg perSon who applies to be Regjetration registered under this Aot shall pay a, registration fee fee. of 4[twenty rupees]. 1 Thieeentenoew ae added by seotion 2 of the Madras Medical Re- gietration (Amendment) Act, 1941 (Madras Aat XXI of 1941). Thie Was permanently re-enaoted by motion 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Aot, 1948 (Tamil Nadu Act VII of 1948). 2 This word was substituted for the word "Provinoial" by the Adaptation Order of 1960. 8 The first paragraph of seotion 14 was renumbered as eub- motion (1) and the second paragraph as sub-seotion (2) of section 14 by seotion 2 of the Medraa Medioal Registration (Amendment) Aot. 1929 (Madras Act X of 1929). 4 Them worde were substituted for the words "fifteen rupees" by motion 6 (i) of the Msdrss Medical Registration (Amendment) Aat, 1943 (Madras Aot IV of 1943), re-emoted permanently by eeotion 2 of, and the Firet Wedule to, the Tamil Nadu Re-enmting and RepealinglNo. I)Aot, 1948 (Tamil Nadu Act VII of 1948). . 732 Medico2 Registration [I*:T .N. ~ oIVt l[Provided that any person whose name has been registered under any Act for the registration of medical praotitioners for the time being in foroe in any other part of 3 India shall be required to 2[ pay a registration fee of only five rupees if the Act aforesaid provides for the registration of persons registered under thie Act without the payment, of any fee or on payment of a fee not exceeding five rupees.] s[(2)] Every registered practitioner who applies to the registrar for registration '[under a, new name, or] in respect of any additional qudification obtained subsequent to registration under this Act shall pay a fee of five rupees. special provi- '(14-A (1) Notwithstanding anything contained 8'0" in this Act, the Registrar may, by order in writing, amerding the amend the medical register by deleting therefrom the medical regisher. name of any person who, by reason of the alteration of Boundaries under the Andhra Pradesh asd Madras (AlteratJon of Boundaries) Aat, 1969, has oeased to reside or practise in the '[State of Tamil Nadu-]-. the Tamil Ndu Re-emoting and Repealing (No. I) Aot, 1948 (Temil Nadu Act V11 of 1948). The word "British"wae omitted by the Adctptetion (Amendment) Order of 1960. a The first paragraph of section 14 was renumbered as Sub- 1914 :T .N. Aet IV] Medical Registration 733 The Registrar may likewise amend the medical ' register by adding thereto the name of any person whose residence or place of practice has, by reason of the said alteration of boundaries, become pad of the [State of Tamil Nadu] : Provided that the Registrar may, before passing an order, make such inquiry as he deems necessary. (2) Any person aggrieved by an order under sub- section (1) may appeal to such authority and within such time,^ may be specified in this behdf by the State Government and such authority shall pass such order on the appeal as it thinks fit. (3) An order of the Registrar under sub-section (I), or where an appeal has been preferred against it under sub-section (2), the order of the appellate autho- rity, shall be final. (4) The provisions of this section shdl cease t be in force from such date as the State Government may, by notification in the Official Gazette, appoint.] 15. An apped shall lie to the Council against any aga,nel order of the registrar under section 13 or section the deciaion of 14. The said appeal shall be preferred within three registre. months from the date of the order appealed against. 16. (1) The Council may, if it sees fit and after A~~~~~~~~~ of giving due notice to the person concerned and inquiring register by into his objections, if any, order that any entry inC'oulloil. the register which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about be cancelled or amended. (2) The Council may direct the removal alto- gether or for a specified period from the register of the name of my registered practitioner for the same reasons for which registration may be refused by the .- , 1 This expression wae auhstituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which wee deemed to have some into force on Bhe 14th ~anuary1 969. 734 Hedical Registration El914 : T.N. Act IV Counoil under section 13 and the second proviso thereto shall apply to any inquiry under this section. The Council may also direct that any name so removed shall be restored : l[Provided that no medical practitioner shall be removed from the register on the ground of his association in any professional respect, with a qualified practitioner of Indian Medioine such as Ayurvedic, Unani and Sidclha or an unregistered practitioner if auch unregistered practitioner- (a) is possessed of any of the qualifications described in the Schedule, and (b) is not a person whose name the Council has refused to register under the second proviso to section 13 or whose name the Council has removed from the register under this sub-section. Exp2ccWion.-The expression 'qualified praoti- tioner ' shall, for the purposes of this proviso, mean 'a praotitioner qualified under rules made by the Z[State Government] in this behalf'.] S[(3) Nothing in sub-section (2) shall relieve e registered practitioner pf any obligations or code of ethics which may be imposed upon registered prabtitioners generally by the Council.] a[(4) Any registered praotitioner may make an application to the Council for the deletion of his name from the medical register, and the Council may, on suoh application and subject to such rules as may be made by the '[State Government], direct suoh deletion. Any suoh practitioner may apply for fresh registration under section 13.1 1 Thiv proviso was added by section 2 of the Madrae Medid Regiatmtion (Amendment) Act, 1932 (MadrasA ct IX of 1934). a The words "Provinein1 Government" were 8ubstituM for the words "Locd Government" by the Adaptstion Order of 1937 a dt he word "8tate" was substituted for "Provincial' by the Adaptation Order of 1960. * Sub-seotions (3) 8nd (4) were added by motion 2 of the Medras Medial Registretion (Amendment) Aot, 1932 (Madram Aot IX of 1932). 1914 :' T.N. Act IV] Medical Regi8tratiort 735 17. (1) An'i nquiry under section 13 or section 16 Procedure in in of:;'W;;. may be held by a committee consisting and three members of the Council elected for the purpose by the 0ouncil. The Council or the committee, as the oaae may be, may at its discretion hold such inquiry in camera. l[When the inquiry is held by a committee, it ehall make a report to the Council which shall pass orders uu section 13 or section 16, as the case may be.] (2) Eor the purpose of any suchinquiry or of any appeal under seotion 16, the Council or any committee tLereof elected as aforesaid shall be deemed to be ,a court within the meaning of the Indian Evidence Act, Centrd Act I of 1872; and shall exercise all the powers of a Commissioner 1872. appointed under the Public Servants (Inquiries) Act, antral ~ c t 1860; and such inquiries and appeals shall be condu- XXXm cted, as far as may be, in accordance with the provi- Of 18'0' siom of section 5 and sections 8 to 20 of the said Public Gntral Servants (Inquiries) Act, 1860. Aot xxxm 18. An appeal shall lie to the 2[State Government] AFpenl 18'0. against every decision of the Council under section the decision of 13 or section 16. Such appeal shall be preferred within Council. three months from the date of the Council's decision. 19. NO act done in the exercise of any power con- jurisdiction Ooff ferred 3[by or under this Act] on the 2[State Govern- ,,,ts. ment] or the Council 3[or the Executive Committee] or the registrar shall be questioned in any civil court. 1 This sentence was substituted for the sentence "Tho docision of the committee shall be deemed to be the decision of the Council" by seotion 6 of the Madras Medical Registration (Amendment) Act, 1943 (Mad- Aot IV of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I ) Act, 1948 (Tamil Nadu Act VII of 1948). The words "Provincial Go\.ernment" were substituted for the words 8'Governor in Council" by the Adaptation Ordor of 193? end the word "State" was substituted for "Provincial" by the &imptation Order of 1950. a The words "by or under this -4ct " wore substituted for the word8 "by this Act" and the words "or tho Executive Committee " were inserted by section 7 of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IVof 1943). This was permanently re-enaoted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nedu Aot VII of 1948). . 136 Nedical Regiatratim [I914 I T.N. Aot IV 20. It shall be lawful for the '[State Government] Power of State O;ove-ent to by notification in the a[Official Gazette] to alter the alter Schedule. Schedule : Provided that no medical degree, diploma or certifi- oate granted in any British Colony or foreign oountry which does not recognize the medical degrees, diplomaa or certificates of S[any Government or University in India] shall be included in the Schedule. Power coun- '21. The Council shall have power to call on the cil to call for information governing body or authorities of any University, regarding efi- medical college or school included in or desirous ciency Of teach- of being included in the Schedule- ing and exami- nations. (a) to furnish such reports, returns or other information as the Council may require to enable it to judge of the efficiency of the instruction given therein in medicine and surgery and midwifery; and (b) to provide hcilities to enable any member of the Council deputed by the Council in this behalf to be present at the examinations held by such University, college or school. If the said body or authorities refuse to comply with any such demand, the l[State Government] - may upon report by the Council remove suoh Univer- sity, college or school from the Schedule or refuse to include it in the Schedule. ooveLy 22. If at any time it shall appear to the l[State Control state Government] that the Council has negleoted to exeroise ment. or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the l[State Government] may notify the particulars of such neglect, excess or The words Provincial Covenunent " were Substituted " for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" waa substituted for e'Pr~vinoial" . by the Adaptation Order of 1950 These words were substituted for the words "Port St. George Q'azeWe" by the Adaptation Order of 1937. These word8 were subyptuted for the words "a British Indian Government or University by the Adaptstion (Amendment) Order of 1960. 1914 : T.N. Act IV] Medical Registration 737 tb abuse to the Council; and, if the Council fails remedy such neglect, excess or abuse within such time as may be fixed by the l[State Government] in this behalf, the [State Government] may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Council to be exercised and performed by such agency and for such period as the '[State Government] may think fit. 28. Every person who falsely pretends to be a Penalty for registered practitioner shall, whether any person is falsely preten- ding to be a actually deceived by such pretence or not, be liable registered prac- to be punished on conviction by a *Presidency titioner. Magistrate or a *magistrate of the &st class with fine that may extend to three hundred rupees. 24. (1) The [State Government] may after previou s : Pp:ower to make publiostion make rules for the purpose of carrying out and the provisions of this Act. In particular and without prejudice to the gene- rality of the foregoing provision, the [State Govern- ment] m y make rules,- (i) for the election of members to the Council under '[seotion 61 ; (ii) for the Srelection and term of office of the president and vice-president] of the Council ; 1 The words "Provincial Government" were substituted for the wrds "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for 'GProvincial" by the Adaptation Order of 1960. 8 This expression was substituted for the expression "seotions 6 and 6 " by section 7 (a) of tho Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938). These words were substitllted for tho words election of the " vioe-president", by aeotion 7 (b) ,ibid. * Acoording to clauser (a) and (c) of sub-section (3) of sec. tion 3 of the Code of Criminal Procedure, 1973 f Central Act 2 of 1974), whioh came into force on the 1st day of April 1074, any reference to a Magistrnte of the flrst clnss and to a Presidonoy Magisrate shall, unless the context otherwise requireo, be con- strued as e reference, res eotively to a Judicial Magistrate of the first olms and to a 8etropolitan Magistrate *' , 738 Medical Regisfiration [I914 : T. N. Act IV &tt Is. + lC(ii-a) for the election of the members of the Executive Committee] ; (iii) to regulate the procedure at an inquiry held under section 13 or section 16 ; (iv) for the institution, hearing and disposal of appeals under section 16 or section 18 ; (v) for the compilation and publication of the register ; (vi) for the disposal of fees received under this Act. (2) The Council may, with the previous sanotion of the B[StateG overnment] make by-laws,- (i) for the convening of meetings of the Council *[and of the Executive Committee] ; (ii) for the conduct of business at such meetings. (iii) for the appointment, control, pay and allowances of the establishment employed under section 10. * * * '[25. *I. ' [(I) The degree of Doctor, Bachelor and Lioen- tiate of Medicine and Master, Bachelor and Licentiate of Surgery of the University of P/Iadras, the Andhrn 1 This olause wae inserted by seation 8 (i) of the Madras ~edi&l Registration (Amendment) Aot, 1943 (Madras Aot IV of 1043), m*naoted permanently by seotion 2 of, and the First Sohedule to, the Tamil Nadu Re-enaoting end Repealing (No. I) Aot, 1948 (Tamil Nedu Act VII of 1948). a The words "Provinoial Govenunent" were substituted forithe words "Clovernor in Counoil" by the Adsptation Order of 1937 and the word "State" was substituted for "Provinoial" by the Adaptation Order of 1950. a These words were added by seation 8 (ii) ,add. 4 Seotion 25, which was inserted by the Adaptation Order of 1937, was omitted by the Adaptation (Amendment) Order of 1960. Claueo (1) was substituted by the Nntiffiaation No. 1461. published at pago 629 of Pert I-A of th I ctiSt Georgr abzsste. dotcd the 20th Novcmbor 1934. 1914 : T. N. Aet IN] Medical Registration 739 University, the Osmania University and the Universities of Allahabad, Bombay, Calcutta, Lahore, Lucknow, Mysore and Rangoon.] (2) A diploma or certificate granted by '[any Government in India] 2[the Government of Burma] or the Government of Ceylon to any person trained in a medical ctollege or school declaring him to be qualified to practise medicine, surgery and midwifery. 8[(3) The diploma of Fellow and Member and the Licentiate certificate granted by the State Medical Faculty of Bengal and the College of Physicians and Surgeons of Bombay.] '[(4) A diploma granted by "the Government of Hyderabad] '[or of Andhra Pradesh] to any person trained in the Hyderabad Medical School declaring him to be qualified to practise medicine, surgery and mid- wifery.] '[(5) The diploma of Licensed Medical Practi- tioner granted by His Highness the Maharaja of Mysore's Medical School 8[or the University of Mysore].] These words were aubstitutad for the worda "a British Indian Government" by the Adaptation (Amendment) Order of 1960. These worda,were inserted by the Adaptation Order of 1937. Wause (3) waa added by Notifiaation No.26, published at page 726 of Part I-A of the Fort St. George Gazette, dated tho 19th De- oember 1916. ' Clanse (4) was added by Notifioation No. 27, published st page 228 of Part I-A ef the Fort St. George Gazette, dated the 26th Marah '1918. These worda were eubstituted for the words "His Exalted High088 the Nieem's Gov6rnment" by the Adaptation (Amend- ment) Order of 1960. ' The68 words were inserted by paragraph 3 of, and the 8ohedule to, the Madma Adaptation of Laws Order, 1961. ' Clauee (6) wea added by Notifiaation No. 15, published at page 9 of Pert I of the Forl St. George Gazet$e,d ated the 6th January 1925. a These worde were inserted by the Health Department Noti- fioation No. 297, published at psge 684 of Part 1-A of the Fort St. George Uazattc, dated the 22nd July 1963. 740 Decentralizcction [I914 :T . N. Act VIII '[TAMIL NADU] ACZ No. VIII Or 19148. (Received the assent ofthe Govermr on the 14th Dmber 1914 and that of the Governor-General on the 16th Janecary 1916; the assent of the Govemr-General zoars $r~tp ublished ia the Tort St. George Gaze tte 01 the 26th January 1916.) An Act to facilitate the administration of certain enactments. Preamble. WHEREAS it is expedient to facilitate the administration of certain enactments ; It is hereby enacted as follows :- I. This Act may be called the 1[Tamil Nadu] Short title. . Decentralization Act, 1914 2, The enactments specified in the third column Amendment of the Schedule are hereby amended to the extent of certain enaotments. and in the manner specified in the fourth column thereof. - 3. Any appointment, notification, order, scheme, Saving of orders, etc., rule, form or by-law made or issued by an authority for issued by the making or issuing of which new previous authority is substituted by or under this autliorities. Act shall, unless inconsistent with this Act, be deemed to have been made or iasued by such new authority unless and until superseded by en appoint- ment, notification, order, scheme, rule, form or by-law made or issued by such new authority. - -. --- 'These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Lsws Order, 1969, ae amended by the Tamil Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969, whioh aame into fom on the 14th January 1969. For Statement of Objeata and Reasons, see Fort St. Qeorp Gazette, 1914, Part W,p age 609; and for Prooeedinga in Oouncil we ibdd, pp. 807,1042. - . 1914 : T.N. Act VIIU Decentralization 741 1 So much of the Schedule as has not been repealed with the exoeption of the entries in the Schedule relating to Madras Acts III of 1886 and N of 1889 was repealed by the First Schedule to the Mfbdraa Repealing and Amending Act, 1938 (Madras Act XIU of 1938). The entry relating to the Madras District Municipalities Act, 1884, was repealed by section 2 of the Tamil Nadu Distriot Munici- palities Act, 1920 (Tamil Nadu Act V of 1920). The entry relating to the Madras Local Boards Act, 1884, was repealed by section 2 of the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920). So much of the Schedule as related to the Madras Salt Act, 1889 was repealed by section 2 of, and the First Pchedule to, tho Tamil Nadu Repealing and Amending Act, 1965 (Tamil Nadu Act XXXVI of 1956). The portion of the Schedule still remaining unrepealed was re- plod by section 3 of, and thc8ucond Schcdulc to, tho Tamil Nadu Repealing and Amcnding Act, 1967 (Tamil Nadu Act XXV of 1967).