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To
The Chairman,
Homoeopathic committee for the amendment of Travancore – Cochin
medical practitioners act 1953 and for the recommendation of
draft bills,
Thiruvananthapuram.
Sub: Health and Family welfare department-Travancore- Cochin
Medical Practitioners Act, 1953- Amendment- Formation of
Committee for recommendations for Draft Bills-reg.
Ref: 1. G.O. (MS) No.38/070H&FWD,
dated: 2-3-2007.
2. Letter from the convener of the
committee -A2.1057/07/MC, dated 05-02-
2008.
Sir,
With reference to the letter, and scheduled meetings conducted
at various places, we the state working committee of Indian
Homoeopathic Medical Association [IHMA], Kerala chapter, had
attended the meetings and given valuable suggestions orally,
regarding the amendment of Travancore- Cochin medical
practitioners act 1953. This is the written memorandum from IHMA
containing various valuable suggestions regarding amendment of
Travancore- Cochin medical practitioners act exclusively for the
committee so that it could be included in the draft bills of
‘Kerala Medical
Practitioners Act’. In the state of Kerala the medical
profession is governed by ‘The Travancore- Cochin Medical
Practitioners Act – 1953’ and ‘The Madras Medical Registration
Act – 1914’. The Travancore- Cochin area is governed by ‘The
Travancore- Cochin - Medical Practitioners Act’ and the Malabar
area is governed by “The Madras Act”. These two acts are state
acts. In The Travancore- Cochin Medical Practitioners Act,
Allopathy, Homoeopathy, Ayurveda, Sidha & Unani systems of
medicines are covered. Whereas in The Madras act, only
practitioners of Allopathic system were registered. These acts
were intended to form statutory medical councils, and to give
registration to those qualified in these systems and thereby to
prevent practice of medicine by unqualified persons.
These two acts were enacted prior to the formation of the Kerala
State in 1956. So the provision in these acts needs
consolidation and amendments so as to suit the Kerala State.
Meanwhile central acts were passed by the Indian parliament in
various periods. As medical profession is in the concurrent
list, in the constitution of India, the state legislature and
the central legislature can make laws. In the constitution it
says that if a dispute arises between the provisions of the
central act and the state act, the provision of the central act
will prevail over the state acts. The central act for Allopathy,
ie. ‘The Indian Medical Council Act’ came into force in Kerala
in the year 1956. The Central Act for Homoeopathy, ie. ‘The
Homeopathic Central Council Act-1973’, came into force in Kerala
on 01.08.1974, and the central act for Indigenous medicines,
viz. Ayurveda, Sidha and Unani, ie. ‘The Indian Medicine Central
Council Act’ came into force in Kerala on 01.10.1976. All these
central acts prevents practice of medicine by unqualified
persons from the date of commencement of the acts. So the two
state acts and the three central acts together governs the
medical practice in Kerala state. As this is the situation
while amending and consolidating the existing state acts, it
should be noted that no section or clause of the act should
become contrary to any of the provisions of the three central
acts.
The state government had already made several attempts to
consolidate and amend the state acts. In the year 1972 the state
legislature has passed a bill named ‘The Kerala Medical
Practitioners Bill – 1972’, which was sent to the central
government for approval. But the central government denied
approval. In the year 1995 state government again made a draft
bill namely ‘The Kerala Medical Practitioners Bill-1995’. The
central government did not give approval to this bill also, and
stated reasons for denial and asked the state to modify the bill
in accordance with the provisions of the central acts. In the
year 2004 the state government again sent a letter to the
central government to grant approval to the bill of 1995,
without modifying it in accordance with the central acts. The
central government again denied the approval. In the year 2006
the state government again requested the central government to
grant approval to the same bill without any modification.
Central government again asked the state government to go
through the previous communications and to modify the draft bill
accordingly. By this type of action of the state government we
can see the real intention of the state government.
The suggestions and recommendations are described as follows:
[A.] The title should be changed as “The Kerala Medical
Practitioners Act”
-To provide for the registration of practitioners of modern
medicine, Homoeopathic medicine, and Indigenous medicine and to
consolidate and amend the law relating to medical practitioners
generally in the state of Kerala.
[B]. PART 1 PRELIMINARY
Section. 2. Definitions.
j. “Qualified registered medical practitioner” means a qualified
practitioner whose name has been entered in the register, for
the time being.
[C.] PART-II ESTABLISHMENT OF COUNCILS.
Section. 3. Establishment, incorporation and constitution of
councils.
- Subsection (3). The council of homoeopathic medicine shall
consist of the following members:-
(a). The Director of Homoeopathy-ex-officio.
(b).The Principal & controlling officer, Government Homoeopathic
medical college-ex-officio.
(c).One qualified registered medical practitioner in
Homoeopathic medicine from each revenue district of Kerala, who
is a resident of that district and elected among the registered
medical practitioners in Kerala.
(d). One member nominated from medical officers of Govt.
Homoeopathic department of the state.
(e). One member nominated from the teaching staff of any of the
Government/Aided Homoeopathic medical colleges in Kerala state.
(f). One elected member who belongs to the faculty of
homoeopathic medicine, from each university in the state, the
election being conducted among the faculty members.
(g). The president and vice-president should be elected from the
council members.
Section. 5. Qualification of members: - Every member of
the council should be a qualified registered medical
practitioner, and the holder of a recognised qualification in
the respective system of medicine.
Section. 7. Disqualifications of membership:-
In addition to the present regulations the following condition
should be included as:
k. If he is not a resident of the state.
Section. 8. Term of office members. :-
b. In the case of Homoeopathic council, it should be for a
period of two years from the date on which the first meeting of
such council is held.
Section. 16. Presidency at meetings of council and procedure
thereat.
Subsection [4]. The quorum should be changed as follows:
Two-third [2/3rd] of the total members of the council should
form a quorum in Homoeopathic council.
Section. 20. Duties of registrar
Subsection [4]. For the purpose of this section, the registrar
may write by registered post to any registered practitioner at
the address which is entered in the register to enquire, whether
he has ceased to practice or has changed his residence to a
place outside the state, and if no answer is received to the
said letter within six months, the registrar, may remove the
name of the said practitioner from the register.
Section. 21. Framing of regulations and procedure for amendment
thereof.
Changes should be made as follows:
Subsection [1].As soon as the first council is formed the
council of modern medicine, the council of Homoeopathic
medicine, and the council of indigenous medicine shall each
appoint a committee of five members.
Section. 23. Eligibility for registration.
In subsection [1],(ii) should be deleted, and subsection [4]
should
be deleted.
The registration should be in concordance with the provision of
the central council acts. [Letter from central government
enclosed].
There shall be provisional registration for internees, fees as
may provided by rules.
Renewal of registration. The qualified registered medical
practitioner should renew his registration every five years,
provided he attends, not less than thirty hours of continuing
medical education programs, conducted only by registered
professional organisations in Homoeopathy.
[D.] PART III MEDICAL PRACTITIONERS GENERALLY
Section. 38. Persons not registered under this Act. Etc,
not to practice:-
The First provision of Section 38 ie. second paragraph starting
“provided that the government…….medical practice.” should be
deleted. Government has no power to invoke this provision after
the enactment of the central Acts [Letter No. 16516/F2/03/Law,
Dated 07-10-2003. of state law department- copy enclosed].
The Central Council Act 1973 which is implemented in Kerala on
01-08-1974[ie, the non-registerd unqualified practitioners
having not less than five years experience on the commencement
of the Homoeopathic Central Council Act 1973, ie 01-08-1974] is
the date for giving any legal protection to those unqualified
practitioners practicing homoeopathy in Malabar area. The age of
the non registered unqualified medical practitioners shall be,
not less than twenty years on 01-08-1969. ie five years before
the implementation of Central Council Act which is on
01-08-1974.
Such unqualified homoeopathic practitioners in Malabar area as
per central council act -1973 can avail registrations, applied
in the prescribed application form provided by the homoeopathic
council within six months from the date on which this act is
implemented and notified through gazette in Kerala. The council
can take a decision to give B class registration to such
applicants who fulfill the below stated conditions.
1. Applicant should be a resident of Malabar area and practicing
homoeopathy as a profession, in that area, at the time of
implementation of central council act-1973. The proof of
residence and duration of practice should be produced and
certified by a revenue officer, not below the rank of district
collector.
2. The minimum basic qualification of the applicant should be
SSLC or equivalent.
3. The age of the applicant should be not less than twenty years
on 01-08-1969, and should be proved by SSLC book.
4. The non-registered unqualified practioners should not be a
staff in the central or state governments, public or
co-operative sector, during when they were practicing
Homoeopathic medicine.
Section. 39. Penalty – Even though the Central Council
Act at present provides upto one year imprisonment and upto one
thousand rupees [Rs.1000/-] fine for quack practice, nobody is
punished under this Act. This is because police cannot take
direct action against quacks. Right now the police have to file
a case before the magistrate and get orders to arrest the
culprit. So the police do not take initiative for the same.
Hence the penalty should be increased so as to become a
‘cognizance of offence’. The penalty amount for section 39. ,
section 41-subsection [2], section 42- sub-section [2], section
43, should be raised to, not less than Rs. 25000[twenty five
thousand] with imprisonment, not less than 3[three] years.
Subsection [7] of Section 42 of the draft bill 1995 which allows
the judge to decrease the punishments should be removed.
Section 45. Jurisdiction of magistrate.
Subsection [2]. Offense should be included under “Cognizance of
offense”.
[E.] PART IV MISCELLANEOUS
Section 8. Repeal- the Travancore –Cochin medical practitioners
act 1953[Act IX of 1953] is hereby repealed. The Madras
registration Act 1914[Madras Act 4of 1914, shall cease to have
effect in the Malabar districts referred to in subsection [2] of
section [5] of the state re-organisation act1956 [Central Act 37
of 1956.
[F.] THE SCHEDULE RECOGNISED QUALIFICATIONS
B
QUALIFICATION OF HOMOEOPATHIC MEDICINE
1. Degree or diploma in
homoeopathic medicine granted by
(a). From the universities in India recognised by the Government
and the Central Council of Homoeopathy.
(b). The board of examinations of Kerala recognised by the
Central Council of Homoeopathy.
2. All qualifications recognized by the Central Council of
Homoeopathy.
On behalf of the suggestions explained above, we the state
committee of Indian Homoeopathic Medical Association [IHMA]
humbly request you to take an adequate and strong decision for
amending the ‘Kerala Medical Practitioners Act’ in the
shortest time possible, to save the health of the public from
quacks, which in turn benefits the public and Homoeopathic
fraternity.
Thanking you,
Yours sincerely
Dr. V. Suresan
President
IHMA Kerala state chapter
List of enclosures:
1. Copy of the letter No.V-27016/14/2003-Ay.desk. Govt .of
India-Ministry of Health & FW., Department of Ayush.
2. Copy of letter No. 5333/Leg.C3/02/Law., No. 18210/Leg. Uni.
1/99 Law, dt. 07-12-1999 and No. 16516/F2/03/Law/dt.07-10-2003.
3. Copy of letter No. H2/3691/2001/MC,dt.24-04-2001. from the
Registrar, T-C- Medical Council/Thiruvananthapuram.
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