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Dec 2013|Volume 10|Issue 12
 
Dec 2013|Vol 10|Issue 12


LEGAL CORNER
 
Dubious Registrations ruins TN Homoeopaths future

          Dubious registrations in Tamil Nadu Homoeopathy Medical council make everyone to eye with suspicion on the activities of the council and its officials. All scare to raise their voice since they are legally bounded with action by the council. No organization in Tamil Nadu came forward since such organizations were dismantled by vested interested persons in the field. Many practitioners afraid to give their Registration number listening to the recent incidents.

          Tamil Nadu Government recognized Homoeopathy in 1971 enacting an Act ‘Tamil Nadu Homoeopathy system of Medicine and Practitioners of Homoeopathy Act 1971’, which empowers to issue Registration certificates to the practitioners. The act provided three types of Registration A, B and C Classes. The trained physicians from the colleges are registered under “A” class. The practitioners with ten years professional experience issued by the district collector were Registered as “B” class practitioners and the practitioners with four years experience and who passed a written test by the council are registered as “C” Class practitioners. Experienced registration for B and C classes were given and stopped as on 4th May 1974. Further it is amended in the Legislative Assembly up to 4th May 1976. The First Medical Register was published in 1978. The Registration of physicians studied from the colleges is only prevailing now. Every practitioner under these categories received Registration certificates and their names included in the Medical Register published in Tamil Nadu Government Gazette. Every practitioner received the copy of the gazette signed by registrar, which alone evidence of Registration in accordance to the act.

 

          It is the prime duty of the registrar to update the Medical Register every year and send to the District Collector and Municipal Commissioners to report every physician on their professional places and report the death of practitioner to the registrar. Hence the demised physicians names and professional places of every entry in the Register can be checked by the revenue officials who recommended issuing the experience certificates to the collector. Even though the act says that the last edition of Medical registers only evidence of Registration, the medical Register was not published every year. It was blamed orally that the District collectors were not co operating in compilation of the Medical Register every year.

          Meanwhile In 1985 Council passed a resolution to shift C Class practitioners to B Class by violating the provisions of the act to cope up financial positions by some vested interested members during that time. The central council of Homoeopathy objected the shift “C” to “B” Registration without amendment in the Act and also questioned why the demised person’s names were not removed from the registry. The central council also condemned for non compliance of action against the quacks and bogus institutions. The central council sent a letter to the all upgraded practitioners by a letter The B and C Class practitioners are clubbed together and figured that 15,196 practitioners received experience based registration which is a fuss to hide the real entries.

          The fact is that the age of the experience based practitioners were between 35 to 45 years during registration, despite the fact that by adopting a normal life span of a person there can only be about 2000-3000 persons alive in B and C class practitioners.

 

          The things came to light when the executive committee of Central council of Homoeopathy had a discussion with Dr.R.Gnanasambandam, former Registrar pertaining to the all issues in 2007. The council decided to withdraw the C to B Registration, to update the Medical Register by an advertisement and separate intimation before conducting the state council election in reference to specific complaints also. The council also decided to use existing registries based on the legal opinion for the central council election and since the notification had been done by the Department of AYUSH by appointing Dr.A.Gopalakrishnan as Returning officer to hold the Central council election. The election held in Jan 2008.Dr.G.P.Hahnemann and Dr.G.Nirmal won the election. The council supplied the update Register in triplicate to the Department of AYUSH and Central council of Homoeopathy.

          Thiru. C Soundararajan, the Registrar i/c carried out the decision of the council and published an Advertisement in News Paper on 22.03.2010 inviting the all registered medical practitioners of the council to update the address and individual intimation also sent.

          Dr.G.P. Hahnemann, incumbent President and Thiru C. Soundarajan i/c changed the previous decision of the council by a resolution passed over in meeting on 14-1-2011 to conduct the election by using the last updated Registrar which was used for the central council election held in 2008 willfully, ignoring the previous council resolution. The same meeting promoted Thiru C Soundarajan as Registrar of the Council with minimum quorum of 4 members and in absence of the Commissioner of Indian Medicine. The Medical Register neither compiled nor published in the Tamil Nadu Government Gazette based on the advertisement and individual intimation to every practitioner.

          In accordance to the provisions the preliminary Electoral Roll is based on the last updated Medical Register which was not published. The Registrar cum Returning officer Thiru. C. Soundarajan straight away conducted the election notification by an advertisement in news paper calling objections over entries in the Register without publishing the Preliminary Electoral Roll in the Tamil Nadu Government Gazette. No such advertisement publication is mentioned in the Rule 6 The precept for the election was not published in the news paper before six months of the state election also not published.

          The Gazette dated 2-2-2011 preliminary electoral rolls was not published as on date evidently. The proof reading by Mrs.Prema Mary Kasthuri, the Assistant of the Council done on only in 20-5-2011. The said gazette was published only on 27th July 2011. The final Electoral was not published. The precept six months before the conduction of election also not published in News papers. The election notification in news paper violating the provision , non publication of the gazette clearly shows that returning officer is the hero behind the all vulnerable activities super guided by the incumbent president . Recapture of the CD supplied to the publication department and supply of butter papers from outside the council, evidently grooms the malpractice.

          The gazette publication suffered from impersonations, illegal entries, several C/o addresses against the provision and publication of Medical Register and willful registry of 14117 practitioners list in experience based practitioners. Besides malpractice in elections, impersonations , illegal entries , willful retention of practitioners above 10,000 practitioners to represent two members from Tamil Nadu state was ultimate aim for the vested interested persons to continue none to interfere their activities.

          This is the reason why the council hesitates to cross check the entries by the local bodies. The truth will be revealed only when cross checking of the first published register for B and C Classes and till date registries for the A class in reference to their professional places by the District Collector and Municipal authorities.

          The experience based registration meant for only concerned states , many practitioners hold the Nagaland state certificates as if they living there and practicing in Tamil Nadu State which invites legal concerns on violation of Acts . A member from Central council of Homoeopathy is seriously involved and sold certificates through his pharmaceutical concerns.

          Under these circumstances, mushrooming of quacks in the state had grown retarding the growth of younger generations, the budding homoeopaths. At the outset all these activities retard the growth status of Homoeopathy in Tamil Nadu