KERALA STATE MEDICAL PRACTITIONERS ACT, 2021
[14th November, 2021]
PREAMBLE
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.
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:-
(1) This Act may be called the Kerala State Medical Practitioners Act, 2021.
(2) It shall be deemed to have come into force on 24th day of February, 2021.
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 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 Centre
(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 De
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.
Every member of a Council shall be a registered practitioner and holder of a recognized qualification.
Notwithstanding anything contained in sections 3 and 4, in the case of the first Councils, all the members other than the ex-officio members shall be nominated by the Government:
Provided that the members so nominated shall be registered practitioners and holders of recognized qualifications.
(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.
(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
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.
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.
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;
(e) if having been elected under clause (c) of sub-section (3), clause (c) of subsection (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 u
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.
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.
(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.
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 meeting at such time and place as he may deem expedient by notice addressed to each member.
(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 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
There shall be paid to the President, Vice-President and other members of each Council, such fees and allowances 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.
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.
(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 the Law Department, on deputation basis.
(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 regis
(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 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 direc
(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 the 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 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.
(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 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
(1) Every holder of a recognized qualification of Modern Medicine acquired by a regular mode of education attending theory of medical science and sufficient number of days of practical training from 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.
(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 certifi
(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).
(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:
(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 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 repor
(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 subsection (1) may, on application
(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 th
(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.
(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.
(1) Any person aggrieved by the action of the Registrar regarding any entry in the 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.
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.
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.
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.
(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 Cha
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.
(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.
(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 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 th
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.
Whenever a Council is of the opinion that the prosecution against any person for breache of any of the provisions of this Act is necessary, such Council may, by resolution, decide the institution of such criminal procedure.
(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.
No suit, prosecution, penal action or other legal proceedings shall lie against a person for anything which is done in good faith or intended to be done under this Act or any rule or regulations made thereunder.
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.
(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:
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
(1) Each Council may, with the previous sanction of the Government, make regulations not inconsistent with this Act or the rules made thereunder, for all or any of the following matters, namely:--
(a) the time and place at which the Council shall hold its meetings and the manner in which such meeting shall be convened and held under section 15;
(b) the procedure relating to appeals against the action of the Registrar under section 33;
(c) all other matters which may be necessary for the purpose of carrying out the objects of this Act.
(2) All regulations made under this section and duly confirmed by the Government shall be notified.
(3) The Government may, by notification in the Gazette, cancel any such regulations.
(1) The Travancore-Cochin Medical Practitioners Act, 1953 (Act IX of 1953) and Kerala State Medical Practitioners Ordinance, 2021 (115 of 2021) are hereby repealed:
Provided that such repeal shall not affect,--
(a) the previous operations of the said enactments or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred or Registration certificate obtained under the said enactments; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, liability, forfeiture or punishment as aforesaid may be initiated, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this enactment has not been passed; or
RECOGNISED QUALIFICATIONS
A. Qualification for Modern Medicine: All qualifications recognized under the National Medical Commission Act, 2019 (No.30 of 2019) and those qualifications which are deemed to have been recognized thereunder by virtue of Acts of Parliament.
B. Qualifications for Ayurveda, Siddha, Unani Tibbi medicine, Yoga and Naturopathy: All qualifications recognized under the National Commission for Indian System of Medicine Act, 2020 (No.14 of 2020). In case of Yoga and Naturopathy all qualifications recognized by the Central Government or State Government, as the case may be, from time to time.
C. Qualification for Homoeopathic Medicine: All qualifications recognized under the National Commission for Homoeopathy Act, 2020 (No.15 of 2020).
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