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THE INDIAN MEDICAL
COUNCIL ACT, 1956
(102 of 1956)
30th December,
1956
(As amended by the
Indian Medical Council (Amendment) Acts, 1964, 1993 & 2001)
AN ACT TO PROVIDE
FOR THE RECONSTITUTION OF THE MEDICAL COUNCIL OF INDIA AND THE
MAINTENANCE OF A MEDICAL REGISTER FOR INDIA AND FOR MATTERS
CONNECTED THEREWITH.
Be it enacted by
Parliament in the seventh year of the Republic of India as
follows:-
SHORT TITLE, EXTENT
& COMMENCEMENT
1.
- This Act may be called the Indian Medical Council Act, 1956.
- It extends to the whole of India.
- It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
DEFINITIONS
-
In this Act, unless the context
otherwise requires:-
-
"approved
institution" means a hospital, health centre or other
such institution recognised
-
by a university as an
institution in which a person may undergo the training, if
any, required by his course of study before the award of any
medical qualification to him.
-
"council" means the
Medical Council of India constituted under this Act.
-
["deleted" by Indian
Medical Council (Amendment) Act, 1964.]
-
"Indian Medical
Register" means the medical register maintained by the
Council.
-
"Medical Institution"
means any institution, within or without India, which grants
degrees, diplomas or licences in medicine.
-
"medicine" means modern
scientific medicine in all its branches and includes surgery
and obstetrics, but does not include veterinary medicine and
surgery;
-
"Prescribed" means
prescribed by regulations.
-
"recognised medical
qualification" means any of the medical qualifications
included in the Schedules.
-
"regulation" means a
regulation made under section 33;
-
"State Medical Council"
means a medical council constituted under any law for the time
being in force in any State regulating the registration of
practitioners of medicine.
-
"State Medical
Register" means a register maintained under any law for
the time being in force in any State regulating the
registration of practitioners of medicine.
-
"University" means any
University in India established by law and having a medical
faculty.
CONSTITUTION & COMPOSITION
OF THE COUNCIL
3.
-
The Central
Government shall cause to be constituted a council consisting of
the following members, namely:-
-
One member from each
State other than a Union Territory to be nominated by
the Central Government in consultation with the State
Government concerned.
-
One member from each
University to be elected from amongst the members of
the medical faculty of the University by members of
the Senate of the University or in case the University
has no Senate, by members of the Court.
-
One member from each
State in which a State Medical Register is maintained,
to be elected from amongst themselves by persons
enrolled on such register who possess the medical
qualifications included in the First or the Second
Schedule or in Part II of the Third Schedule.
-
Seven members to be
elected from amongst themselves by persons enrolled on
any of the State Medical Registers who possess the
medical qualifications included in Part I of the Third
Schedule.
-
Eight members to be
nominated by the Central Govt.
-
The President and
Vice-President of the Council shall be elected by the
members of the Council from amongst themselves.
-
No act done by the Council
shall be questioned on the ground merely of the existence of
any vacancy in, or any defect in the constitution of the
Council.
MODE OF ELECTION
4.
-
(a) An
election under clause (b), clause (c) or clause (d) of
sub-section (1) of section 3 shall be conducted by the
Central Government in accordance with such rules as may be
made by it in this behalf, and any rules so made may
provide that pending the preparation of the Indian Medical
Register in accordance with provisions of this Act, the
members referred to in clause (d) of sub-section (1) of
section 3 may be nominated by the Central Government
instead of being elected as provided therein.
-
Where any dispute arises
regarding any election to the Council, it shall be referred
to the Central
Government whose decision shall be final.
RESTRICTIONS ON
NOMINATION AND MEMBERSHIP
5.
-
No person
shall be eligible for nomination under clause (a) of
sub-section
(1) of
section 3 unless he possesses any of the medical
qualifications included in the First and Second Schedules,
resides in the State concerned, and where a State Medical
Register is maintained in that State, is enrolled on that
Register.
-
No person may at the same time
serve as a member in more than one capacity.
INCORPORATION OF THE
COUNCIL
6.
The Council so constituted shall be a body corporate by the
name of the Medical Council of India,
having perpetual
succession and a common seal, with power to acquire and hold
property, both movable and immovable, and to contract and shall
by the said name sue and be sued.
TERM OF OFFICE OF
PRESIDENT, VICE-PRESIDENT AND MEMBERS
7.
-
The
President or Vice-President of the Council shall hold
office for a term not exceeding five years and not
extending beyond the expiry of his term as member of the
Council.
-
Subject to the provisions of
this section, a member shall hold office for a term of five
years from the date of his nomination or election or until
his successor shall have been duly nominated or elected,
whichever is longer.
-
An elected or nominated member
shall be deemed to have vacated his seat if he is absent
without excuse, sufficient in the opinion of the Council
from three consecutive ordinary meetings of the Council, or
in the case of a member elected under clause (b) of
sub-section (1) of section 3, if he ceases to be a member of
the medical faculty of the university concerned, or in the
case of a member elected under clause (c) or clause (d) of
that sub-section, if he ceases to be a person enrolled on
the State Medical Register concerned.
-
A casual vacancy in the Council
shall be filled by nomination or election, as the case may
be, and the person nominated or elected to fill the vacancy
shall hold office only for the remainder of the term for
which the member whose place he takes was nominated or
elected.
-
Members of the Council shall be
eligible for re-nomination or re-election.
-
Where the said term of five
years is about to expire in respect of any member, a
successor may be nominated or elected at any time within
three months before the said term expires but he shall not
assume office until the said term has expired.
MEETINGS OF THE
COUNCIL
8.
-
The
Council shall meet at least once in each year at such time
and place as may be appointed by the Council.
-
Unless otherwise provided by
regulations fifteen members of the Council shall form a
quorum, and all the acts of the Council shall be decided by
a majority of the members present and voting.
OFFICERS, COMMITTEES
AND SERVANTS OF THE COUNCIL
9. The Council Shall:
-
constitute from amongst its
members an Executive Committee and such other committees for
general or special purposes as the Council deems necessary
to carry out the purposes of this Act.
-
appoint a Registrar who shall
act as Secretary and who may also, if deemed expedient, act
as Treasurer.
-
employ such other persons, as
the Council deems necessary to carry out the purposes of
this Act.
-
require and take from the
Registrar, or from any other employee, such security for the
due performance of his duties as the Council deems necessary
and
-
With the previous sanction of
the Central Government fix the remuneration and allowances
to be paid to the President, Vice-President and members of
the Council and determine the conditions of service of the
employees of the Council.
THE EXECUTIVE
COMMITTEE
10.
-
The
Executive Committee, hereinafter referred to as the
Committee shall consist of the President and
Vice-President, who shall be members ex-officio and not
less than seven and not more than ten other members who
shall be elected by the Council from amongst its members.
-
The President and
Vice-President shall be the President and Vice-President
respectively of the Committee.
-
In addition to the powers and
duties conferred and imposed upon it by this Act, the
Committee shall exercise and discharge such powers and
duties as the Council may confer or impose upon it by any
regulations which may be made in this behalf.
PERMISSION FOR
ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY ETC.
10.A
-
Notwithstanding anything
contained in this Act or any other law for the time being in
force:-
-
no person shall establish a
medical college
( or )
-
no medical college shall:-
-
open a new or higher
course of study or training (including a
postgraduate course of study or training) which
would enable a student of such course or training to
qualify himself for the award of any recognised
medical qualification; or
-
increase its admission
capacity in any course of study or training
(including a postgraduate course of study or
training), except with the previous permission of
the Central Government obtained in accordance with
the provisions of this section.
Explanation 1 - For the purposes of this section,
"person" includes any University or a trust
but does not include the Central Government.
Explanation 2 - For the purposes of this section "admission
capacity" in relation to any course of study or
training (including postgraduate course of study or
training) in a medical college, means the maximum
number of students that may be fixed by the Council
from time to time for being admitted to such course or
training.
-
-
Every person
or medical college shall, for the purpose of obtaining
permission under sub-section (1), submit to the Central
Government a scheme in accordance with the provisions of
clause (b) and the central Government shall refer the scheme
to the Council for its recommendations.
-
The Scheme
referred to in clause (a) shall be in such form and contain
such particulars and be preferred in such manner and be
accompanied with such fee as may be prescribed.
-
On receipt of a scheme by the
Council under sub-section (2) the Council may obtain such
other particulars as may be considered necessary by it from
the person or the medical college concerned, and thereafter,
it may -
-
if the scheme is defective
and does not contain any necessary particulars, give a
reasonable opportunity to the person or college
concerned for making a written representation and it
shall be open to such person or medical college to
rectify the defects, if any, specified by the Council.
-
consider the scheme, having
regard to the factors referred to in sub-section (7) and
submit the scheme together with its recommendations
thereon to the Central Government.
-
The Central Govt. may after
considering the scheme and the recommendations of the
Council under sub-section (3) and after obtaining, where
necessary, such other particulars as may be considered
necessary by it from the person or college concerned, and
having regard to the factors referred to in sub-section (7),
either approve (with such conditions, if any, as it may
consider necessary ) or disapprove the scheme, and any such
approval shall be a permission under sub-section (1):
Provided that no
scheme shall be disapproved by the Central Government except
after giving the person or college concerned a reasonable
opportunity of being heard;
Provided further
that nothing in this sub section shall prevent any person or
medical college whose scheme has not been approved by the
Central Government to submit a fresh scheme and the provisions
of this section shall apply to such scheme, as if such scheme
has been submitted for the first time under sub-section (1).
-
Where, within a period of one
year from the date of submission of the scheme to the
Central Government under sub-section (1), no order passed by
the Central Government has been communicated to the person
or college submitting the scheme, such scheme shall be
deemed to have been approved by the Central Government in
the form in which it had been submitted, and accordingly,
the permission of the Central Government required under
sub-section (1) shall also be deemed to have been granted.
-
In computing the time-limit
specified in sub-section (5), the time taken by the person
or college concerned submitting the scheme, in furnishing
any particulars called for by the Council, or by the Central
Government, shall be excluded.
-
The Council, while making its
recommendations under clause (b) of sub-section (3) and the
Central Government, while passing an order, either approving
or disapproving the scheme under sub-section (4), shall have
due regard to the following factors, namely:-
-
whether the proposed
medical college or the existing medical college seeking
to open a new or higher course of study or training,
would be in a position to offer the minimum standards of
medical education as prescribed by the Council under
section 19A or, as the case may be under section 20 in
the case of postgraduate medical education.
-
whether the person seeking
to establish a medical college or the existing medical
college seeking to open a new or higher course of study
or training or to increase it admission capacity has
adequate financial resources;
-
whether necessary
facilities in respect of staff, equipment,
accommodation, training and other facilities to ensure
proper functioning of the medical college or conducting
the new course or study or training or accommodating the
increased admission capacity, have been provided or
would be provided within the time-limit specified in the
scheme.
-
whether adequate hospital
facilities, having regard to the number or students
likely to attend such medical college or course of study
or training or as a result of the increased admission
capacity, have been provided or would be provided within
the time-limit specified in the scheme;
-
whether any arrangement has
been made or programme drawn to impart proper training
to students likely to attend such medical college or
course of study or training by persons having the
recognised medical qualifications;
-
the requirement of manpower
in the field of practice of medicine; and any other
factors as may be prescribed.
-
Where the Central
Government passes an order either approving or
disapproving a scheme under this section, a copy of the
order shall be communicated to the person or college
concerned.
NON-RECOGNITION OF
MEDICAL QUALIFICATIONS IN CERTAIN CASES.
10B
-
Where any medical college is
established except with the previous permission of the
Central Government in accordance with the provisions of
section 10A, no medical qualification granted to any student
of such medical college shall a recognised medical
qualification for the purposes of this Act.
-
Where any medical college opens
a new or higher course of study or training (including a
postgraduate course of study or training) except with the
previous permission of the Central Government in accordance
with the provisions of section 10A, no medical qualification
granted to any student of such medical college on the basis
of such study or training shall be a recognised medical
qualification for the purposes of this Act.
-
Where any medical college
increases its admission capacity in any course of study or
training except with the previous permission of the Central
Government in accordance with the provisions of section 10A,
no medical qualification granted to any student of such
medical college on the basis of the increase in its
admission capacity shall be a recognised medical
qualification for the purposes of this Act.
Explanation -
For the purposes of this section, the criteria for
identifying a student who has been granted a medical
qualification on the basis of such increase in the
admission capacity shall be such as may be prescribed.
TIME FOR SEEKING
PERMISSION FOR CERTAIN EXISTING MEDICAL COLLEGES, ETC.
10C
-
If, after, the 1st
day of June, 1992 and on and before the commencement of the
Indian Medical Council (Amendment) Act, 1993 any person has
established a medical college or any medical college has
opened a new or higher course of study or training or
increased the admission capacity, such person or medical
college, as the case may be, shall seek, within a period of
one year from the commencement of the Indian Medical Council
(Amendment) Act, 1993 the permission of the Central
Government in accordance with the provisions of section 10A.
-
If any person or medical
college, as the case may be fails to seek the permission
under sub section (1) the provisions of section 10B shall
apply, so far as may be as if, permission of the Central
Government under section 10A has been refused;
RECOGNITION OF
MEDICAL QUALIFICATION GRANTED BY UNIVERSITIES OR MEDICAL
INSTITUTIONS IN INDIA.
11.
-
The medical qualifications
granted by any university or medical Institution in India
which are included in the first Schedule shall be recognised
medical qualifications for the purposes of this Act.
-
Any university or medical
Institution in India which grants a medical qualification
not included in the First Schedule may apply to the Central
Govt., to have such qualification recognised, and the
Central Government, after consulting the Council, may, by
notification in the official Gazette, amend the First
Schedule so as to include such qualification therein, and
any such notification may also direct that an entry shall be
made in the last column of the First Schedule against such
medical qualification declaring that it shall be a
recognised medical qualification only when granted after a
specified date.
RECOGNITION OF
MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN
COUNTRIES WITH WHICH THERE IS A SCHEME OF RECIPROCITY
12.
-
The medical qualifications
granted by medical institutions outside India which are
included in the Second Schedule shall be recognised medical
qualifications for the purposes of this Act.
-
The Council may enter into
negotiations with the Authority in any country outside India
which by the law of such country is entrusted with the
maintenance of a register of medical practitioners, for the
settling of a scheme of reciprocity for the recognition of
medical qualifications and in pursuance of any such scheme,
the Central Government may, by notification in the official
Gazette, amend the Second Schedule so as to include therein
the medical qualification which the Council has decided
should be recognised and any such notification may also
direct that an entry shall be made in the last column of the
Second Schedule against such medical qualification declaring
that it shall be a recognised medical qualification only
when granted after a specified date.
-
The Central Government, after
consultation with the Council, may, by notification in the
Official Gazette, amend the Second Schedule by directing
that an entry be made therein in respect of any medical
qualification declaring that it shall be recognised medical
qualification only when granted before a specified date.
-
Where the Council has refused
to recommend any medical qualification which has been
proposed for recognition by any Authority referred to in
sub-section (2) and that Authority applies to the Central
Government in this behalf, the Central Government, after
considering such application and after obtaining from the
council a report, if any, as to the reasons for any such
refusal, may by notification in the Official Gazette, amend
the Second Schedule so as to include such qualification
therein and the provisions of sub-section (2) shall apply to
such notification.
RECOGNITION OF
MEDICAL QUALIFICATION GRANTED BY CERTAIN MEDICAL INSTITUTIONS
WHOSE QUALIFICATIONS ARE NOT INCLUDED IN THE FIRST OR SECOND
SCHEDULE
13.
-
The medical qualifications
granted by medical institutions in India which are not
included in the First Schedule and which are included in
Part I of the Third Schedule shall also be recognised
medical qualifications for the purposes of this Act.
-
The medical qualifications
granted to a citizen of India:-
-
before the 15th
day of August, 1947, by medical institutions in the
territories now forming part of Pakistan, and,
-
before the 1st
day of April, 1937, by medical institutions in the
territories now forming part of Burma, which are
included in part 1 of the Third Schedule shall also be
recognised medical qualifications for the purposes of
this Act.
-
The medical qualifications
granted by medical institutions outside India, before such
date as the Central Government may, by notification in the
Official Gazette, specify which are included in Part IInd of
the Third Schedule shall also be recognised medical
qualifications for the purposes of this Act, but no person
possessing any such qualification shall be entitled to
enrolment on any State Medical Register unless he is a
citizen of India and has undergone such practical training
after obtaining that qualification as may be required by the
rules or regulations in force in the country granting the
qualification, or if he has not undergone any practical
training in that country he has undergone such practical
training as may be prescribed.
-
The Central Government, after
consulting the Council, may, by notification in the Official
Gazette, amend Part II of the Third Schedule so as to
include therein any qualification granted by a medical
institution outside India, which is not included in the
Second Schedule.
Provided that
after the commencement of the Indian Medical Council
(Amendment) Act, 2001, no such amendment shall be made in Part
II of the Third Schedule to include any primary medical
qualification granted by any medical institution outside
India:
Provided further
that nothing contained in the first proviso shall apply to
inclusion in Part II of the Third Schedule any primary medical
qualification granted by any medical institution outside India
to any person whose name is entered in the Indian Medical
Register.
Explanation-
For the purposes of this sub-section, "primary medical
qualification" means any minimum qualification sufficient
for enrolment on any State Medical Register or for entering
the name in the Indian Medical Register.
(4A) A person who
is a citizen of India and obtains medical qualification
granted by any medical institution in any country outside
India recognised for enrolment as medical practitioner in that
country after such date as may be specified by the Central
Government under sub-section (3), shall not be entitled to be
enrolled on any Medical Register maintained by a State Medical
Council or to have his name entered in the Indian Medical
Register unless he qualified the screening test in India
prescribed for such purpose and such foreign medical
qualification after such person qualifies that said screening
test shall be deemed to be the recognised medical
qualification for the purposes of this Act for that person.
(4B) A person who
is a citizen of India shall not, after such date as may be
specified by the Central Government under sub-section (3), be
eligible to get admission to obtain medical qualification
granted by any medical institution in any foreign country
without obtaining an eligibility certificate issued to him by
the Council and in case any such person obtains such
qualification without obtaining such eligibility certificate,
he shall not be eligible to appear in the screening test
referred to in sub-section (4A):
Provided that an
Indian citizen who has acquired the medical qualification from
foreign medical institution or has obtained admission in
foreign medical institution before the commencement of the
Indian Medical Council (Amendment) Act, 2001 shall not be
required to obtain eligibility certificate under this
sub-section but, if he is qualified for admission to any
medical course for recognised medical qualification in any
medical institution in India, he shall be required to qualify
only the screening test prescribed for enrolment on any State
Medical Register or for entering his name in the Indian
Medical Register.
(4C) Nothing
contained in sub-sections (4A) and (4B) shall apply to the
medical qualifications referred to in section 14 for the
purposes of that section.
-
Any medical institution in
India which is desirous of getting a medical qualification
granted by it included in Part I of the Third Schedule may
apply to the Central Government to have such qualification
recognised and the Central Government, after consulting the
Council, may by notification in the Official Gazette, amend
Part I of the Third Schedule so as to include such
qualification therein, and any such notification may also
direct that an entry shall be made in the last column of
Part-I of the Third Schedule against such medical
qualification declaring that it shall be a recognised
medical qualification only when granted after a specified
date.
SPECIAL PROVISION IN
CERTAIN CASES FOR RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY
MEDICAL INSTITUTIONS IN COUNTRIES WITH WHICH THERE IS NO SCHEME OF
RECIPROCITY.
14.
-
The Central Government after
consultation with the Council, may, by notification in the
Official Gazette, direct that medical qualifications granted
by medical institutions in any country out-side India in
respect of which a scheme of reciprocity for the recognition
of medical qualifications is not in force, shall be recognised
medical qualification for the purposes of this Act or shall be
so only when granted after a specified date:
Provided that medical
practice by persons possessing such qualifications: -
-
shall be permitted only if
such persons are enrolled as medical practitioners in
accordance with the law regulating the registration of
medical practitioners for the time being in force in that
country;
-
shall be limited to the
institution to which they are attached for the time being
for the purposes of teaching, research or charitable work
; and
-
shall be limited to the
period specified in this behalf by the Central Government
by general or special order.
-
In respect of any such medical
qualification the Central Government, after consultation with
the Council may, by notification in the Official Gazette
direct that it shall be a recognised medical qualification
only when granted before a specified date.
RIGHT OF PERSONS
POSSESSING QUALIFICATIONS IN THE SCHEDULES TO BE ENROLLED.
15.
-
Subject to
the other provisions contained in this Act, the medical
qualifications included in the Schedules shall be sufficient
qualification for enrolment on any State Medical Register.
-
Save as
provided in section 25, no person other than a medical
practitioner enrolled on a State Medical Register:-
-
shall hold office as
physician or surgeon or any other office (by whatever
designation called) in Government or in any institution
maintained by a local or other authority;
-
shall practice medicine in
any State;
-
shall be entitled to sign or
authenticate a medical or fitness certificate or any other
certificate required by any law to be signed or
authenticated by a duly qualified medical practitioner:
-
shall be entitled to give
evidence at any inquest or in any court of law as an
expert under section 45 of the Indian Evidence Act, 1872
on any matter relating to medicine.
-
Any person who acts in
contravention of any provision of sub-section (2) shall be
punished with imprisonment for a term which may extend to one
year or with fine which may extend to one thousand rupees, or
with both;
POWER TO REQUIRE
INFORMATION AS TO COURSES OF STUDY AND EXAMINATIONS
16.
Every University or medical
institution in India which grants a recognised medical
qualification shall furnish such information as the Council may,
from time to time, require as to the courses of study and
examinations to be undergone in order to obtain such
qualification, as to the ages at which such courses of study and
examinations are required to be undergone and such qualification
is conferred and generally as to the requisites for obtaining
such qualification.
INSPECTION OF
EXAMINATIONS
17.
-
The Committee shall appoint such
number of medical inspectors as it may deem requisite to
inspect any medical institution, college, hospital or other
institution where medical education is given, or to attend any
examination held by any University or medical institution for
the propose of recommending to the Central Government
recognition of medical qualifications granted by the
University or medical institution.
-
The medical inspectors shall not
interfere with the conduct of any training or examination, but
shall report to the committee on the adequacy of the standards
of medical education including staff, equipment,
accommodation, training facilities prescribed for giving
medical education or on the sufficiency of every examination
which they attend.
-
The Committee shall forward a
copy of any such report to the university or medical
institution concerned and shall also forward a copy with the
remarks of the University or institution thereon, to the
Central Government.
VISITORS AT
EXAMINATIONS
18.
-
The Council may appoint such
number of visitors as it may deem requisite to inspect any
medical institution, college, hospital or other institution
where medical education is given, or to attend any examination
held by any University or medical institution for the purpose
of granting recognised medical qualifications.
-
Any person, whether he is a
member of the Council or not may be appointed as a visitor
under this section but a person who is appointed as an
inspector under section 17 for any inspection or examination
shall not be appointed as a visitor for the same inspection or
examination.
-
The visitors shall not interfere
with the conduct of any training or examination but shall
report to the President of the Council on the adequacy of the
standards of medical education including staff, equipment,
accommodation, training and other facilities prescribed for
giving medical education or on the sufficiency of every
examination which they attend.
-
The report of a visitor shall be
treated as confidential unless in any particular case the
President of the Council otherwise directs:
Provided that if the
Central Government requires a copy of the report of a visitor, the
Council shall furnish the same.
WITHDRAWAL OF
RECOGNITION
19.
-
When upon report by the Committee
or the visitor it appear to the Council:-
-
that the courses of study and
examination to be undergone in, or the proficiency
required from candidates at any examination held by any
University or medical institution,
-
that the staff, equipment
accommodation, training and other facilities for
instruction and training provided in such University or
medical institution or in any college or other institution
affiliated to that University, do not conform to the
standards prescribed by the Council, the Council shall
make a representation to that effect to the Central
Government.
-
After considering such
representation, the Central Govt. may send it to the State
Government of the State in which the University or medical
Institution is situated and the State Government shall forward
it along with such remarks as it may choose to make to the
University or Medical Institution, with an intimation of the
period within which the University or medical institution may
submit its explanation to the State Government.
-
On the receipt of the explanation
or, where no explanation is submitted within the period fixed,
then on the expiry of that period, the State Government shall
make its recommendations to the Central Government
-
The Central Government, after
making such further inquiry, if any, as it may think fit, may
by notification in the official Gazette, direct that an entry
shall be made in the appropriate Schedule against the said
medical qualification declaring that it shall be a recognised
medical qualification, only when granted before a specified
date or that the said medical qualification if granted to
students of a specified college or institution affiliated to
any university shall be a recognised medical qualification
only when granted before a specified date or, as the case may
be, that the said medical qualification shall be a recognised
medical qualification in relation to a specified college or
institution affiliated to any University only when granted
after a specified date.
MINIMUM STANDARDS OF
MEDICAL EDUCATION
19.A
-
The Council may prescribe the
minimum standards of medical education required for granting
recognised medical qualifications ( other than postgraduate
medical qualifications ) by universities or medical
institutions in India.
-
Copies of the draft regulations
and of all subsequent amendments thereof shall be furnished by
the Council to all State Governments and the Council shall
before submitting the regulations or any amendment thereof, as
the case may be, to the Central Government for sanction, take
into consideration the comments of any State Government
received within three months from the furnishing of the copies
as aforesaid.
-
The Committee shall from time to
time report to the Council on the efficacy of the regulations
and may recommend to the Council such amendments thereof as it
may think fit.
POST-GRADUATE MEDICAL
EDUCATION COMMITTEE FOR ASSISTING COUNCIL IN MATTERS RELATING TO
POST-GRADUATE MEDICAL EDUCATION
20.
-
The Council may prescribe
standards of Postgraduate Medical Education for the guidance
of Universities, and may advise Universities in the matter of
securing uniform standards for Postgraduate Medical Education
through out India, and for this purpose the Central Govt. may
constitute from among the members of the Council a
Postgraduate Medical Education Committee (hereinafter referred
to as the Post-graduate Committee)
-
The Postgraduate Committee shall
consist of nine members all of whom shall be persons
possessing postgraduate medical qualifications and experience
of teaching or examining postgraduate students of medicine.
-
Six of the members of the
Postgraduate Committee shall be nominated by the Central
Government and the remaining three members shall be elected by
the Council from amongst its members.
-
For the purpose of considering
postgraduate studies in a subject, the Postgraduate Committee
may co-opt, as and when necessary, one or more members
qualified to assist it in that subject.
-
The views
and recommendations of the Postgraduate Committee on all
matters shall be placed before the Council and if the
Council does not agree with the views expressed or the
recommendations made by the Postgraduate Committee on any
matter, the Council shall forward them together with its
observations to the Central Government for decision.
PROFESSIONAL CONDUCT
20.A
-
The Council
may prescribe standards of professional conduct and
etiquette and a code of ethics for medical practitioners.
-
Regulations
made by the Council under sub-section (1) may specify which
violations thereof shall constitute infamous conduct in any
professional respect, that is to say, professional
misconduct, and such provisions shall have effect
notwithstanding anything contained in any law for the time
being in force.
INDIAN MEDICAL REGISTER
21.
-
The Council
shall cause to be maintained in the prescribed manner a
register of medical practitioners to be known as the Indian
Medical Register, which shall contain the names of all
persons who are for the time being enrolled on any State
Medical Register and who possess any of the recognised
medical qualifications.
-
It shall be
the duty of the Registrar of the Council to keep the Indian
Medical Register in accordance with the provisions of this
Act and of any orders made by the Council, and from time to
time to revise the register and publish it in the Gazette of
India and in such other manner as may be prescribed.
-
Such
register shall be deemed to be public document within the
meaning of the Indian Evidence Act, 1872 and may be proved
by a copy published in the Gazette of India.
SUPPLY OF COPIES OF THE
STATE MEDICAL REGISTERS
22.
Each State
Medical Council shall supply to the Council six printed copies
of the State Medical Register as soon as may be after the
commencement of this Act and subsequently after the first day of
April of each year, and each Registrar of a State Medical
Council shall inform the Council without delay of all additions
to and other amendments in the State Medical Register made from
time to time.
REGISTRATION IN THE
INDIAN MEDICAL REGISTER
23.
The Registrar of
the Council, may, on receipt of the report of registration of a
person in a State Medical Register or on application made in the
prescribed manner by any such person, enter his name in the
Indian Medical Register, Provided that the Registrar is
satisfied that the person concerned possesses a recognised
medical qualification.
REMOVAL OF NAMES FROM
THE INDIAN MEDICAL REGISTER
24.
-
If the name
of any person enrolled on a State Medical Register is
removed there from in pursuance of any power conferred by or
under any law relating to medical practitioners for the time
being in force in any State, the Council shall direct the
removal of the name of such person from the Indian Medical
Register.
-
Where the
name of any person has been removed from a State Medical
Register on the ground of professional misconduct or any
other ground except that he is not possessed of the
requisite medical qualifications or where any application
made by the said person for restoration of his name to the
State Medical Register has been rejected, he may appeal in
the prescribed manner and subject to such conditions
including conditions as to the payment of a fee as may be
laid down in rules made by the Central Government in this
behalf, to the Central Government, whose decision, which
shall be given after consulting the Council, shall be
binding on the State Government and on the authorities
concerned with the preparation of the State Medical
Register.
PROVISIONAL
REGISTRATION
25
-
A citizen of India possessing a
medical qualification granted by a medical institution outside
India included in part II of the Third Schedule, who is
required to undergo practical training as prescribed under sub
section (3) of Section 13, shall, on production of proper
evidence that he has been selected for such practical training
in an approved institution be entitled to be registered
provisionally in a State Medical Register and shall be
entitled to practice medicine in the approved institution for
the purposes of such training and for no other purpose.
-
A person who has passed the
qualifying examination of any university or Medical
Institution in India for the grant of a recognized medical
qualification shall be entitled to be registered provisionally
in a State Medical Register for the purpose of enabling him to
be engaged in employment in a resident medical capacity in any
approved institution, or in the Medical Service of the Armed
Forces of the Union, and for no other purpose, on production
of proper evidence that he has been selected for such
employment.
-
The names of all persons
provisionally registered under sub-section (1) or sub-section
(2) in the State Medical Register shall be entered therein
separately from the names of other persons registered therein.
-
A person registered provisionally
as aforesaid who has completed practical training referred to
in sub section (1) or who has been engaged for the prescribed
period in employment in a resident medical capacity in any
approved institution or in the Medical service of the Armed
Forces of the Union, as the case may be, shall be entitled to
registration in the State Medical Register under Section 15.
REGISTRATION OF
ADDITIONAL QUALIFICATIONS
26.
-
If any
person whose name is entered in the Indian Medical Register
obtains any title, diploma or other qualification for
proficiency in sanitary science, public health or medicine
which is a recognized medical qualification, he shall, on
application made in this behalf in the prescribed manner be
entitled to have any entry stating such other title, diploma
or other qualification made against his name in the Indian
Medical Register either in substitution for or in addition
to any entry previously made.
-
The entries
in respect of any such person in a State Medical Register
shall be altered in accordance with the alterations made in
the Indian Medical Register.
PRIVILEGES OF PERSONS
WHO ARE ENROLLED ON THE INDIAN MEDICAL REGISTER
27.
Subject to the
conditions and restrictions laid down in this Act, regarding
medical practice by persons possessing certain recognised
medical qualifications, every person whose name is for the time
being borne on the Indian Medical Register shall be entitled
according to his qualifications to practice as a medical
practitioner in any part of India and to recover in due course
of law in respect of such practice any expenses, charges in
respect of medicaments or other appliances, or any fees to which
he may be entitled.
PERSONS ENROLLED ON THE
INDIAN MEDICAL REGISTER TO NOTIFY CHANGE OF PLACE OF RESIDENCE OR
PRACTICE
28.
Every person
registered in the Indian Medical Register shall notify any
transfer of the place of his residence or practice to the
Council and to the State Medical Council concerned, within
thirty days of such transfer failing which his right to
participate in the election of members to the Council or a State
Medical Council shall be liable to be forfeited by order of the
Central Government either permanently or for such period as may
be specified therein.
INFORMATION TO BE
FURNISHED BY THE COUNCIL AND PUBLICATION THEREOF
29.
-
The Council
shall furnish such reports, copies of its minutes, abstracts
of its accounts, and other information to the Central
Government as that Government may require.
-
The Central
Government may publish in such manner as it may think fit,
any report, copy, abstract or other information furnished to
it under this section or under sections 17 and 18.
COMMISSION OF INQUIRY
30.
-
Whenever it is made to appear to
the Central Government that the Council is not complying with
any of the provisions of this Act, the Central Government may
refer the particulars of the complaint to a Commission of
Inquiry consisting of three persons two of whom shall be
appointed by the Central Government, one being a Judge of a
High Court and one by the Council, and such Commission shall
proceed to inquire in a summary manner and to report to the
Central Government as to the truth of the matters charged in
the complaint, and in case of any charge of default or of
improper action being found by the commission to have been
established, the Commission shall recommend the remedies, if
any, which are in its opinion necessary.
-
The Central Government may
require the Council to adopt the remedies so recommended
within such time as, having regard to the report of the
Commission, it may think fit, and if the Council fails to
comply with any such requirement, the Central Government may
amend the regulations of the Council, or make such provision
or order or take such other steps as may seem necessary to
give effect to the recommendations of the Commission.
-
A Commission of inquiry shall
have power to administer oaths, to enforce the attendance of
witnesses and the production of documents, and shall have all
such other necessary powers for the purpose of any inquiry
conducted by it as are exercised by a Civil Court under the
Code of Civil Procedure, 1908.
PROTECTION OF ACTION
TAKEN IN GOOD FAITH
31.
No suit,
prosecution or other legal proceeding shall lie against the
Government, the Council or a State Medical Council or any
Committee thereof, or any Officer or servant of the Government
or Councils aforesaid for anything which is in good faith done
or intended to be done under this Act.
POWER TO MAKE RULES
32.
-
The Central Government may, by
notification in the Official Gazette, make rules to carry out
the purposes of this Act.
-
All rules made under this section
shall be laid for not less than thirty days before both Houses
of Parliament as soon as possible after they are made, and
shall be subject to such modifications as Parliament may make
during the session in which they are so laid or the session
immediately following.
POWER TO MAKE
REGULATIONS
33.
The Council may,
with the previous sanction of the Central Government, make
regulations generally to carry out the purposes of this Act, and
without prejudice to the generality of this power, such
regulations may provide for:-
-
the management of the property of
the Council and the maintenance and audit of its accounts;
-
the summoning and holding of
meetings of the Council, the times and places where such
meetings are to be held, the conduct of business thereat and
the number of members necessary to constitute a quorum;
-
the resignation of members of the
Council;
-
the powers and duties of the
President and Vice-President
-
the mode of appointment of the
Executive Committee and other Committees, the summoning and
holding of meetings and the conduct of business of such
Committees;
-
the tenure office, and the powers
and duties of the Registrar and other officers and servants of
the Council;
(fa) the form of
the scheme, the particulars to be given in such scheme, the
manner in which the scheme is to be preferred and the fee
payable with the scheme under clause (b) of sub-section (2) of
section 10A;
(fb) any other
factors under clause (g) of sub-section (7) of section 10A;
(fc) the criteria
for identifying a student who has been granted a medical
qualification referred to in the Explanation to sub-section (3)
of section 10B;
-
the particulars to be stated, and
the proof of qualifications to be given in applications for
registration under this Act;
-
the fees to be paid on
applications and appeals under this Act;
-
the appointment, powers, duties
and procedure of medical inspectors and visitors;
-
the courses and period of study
and of practical training to be undertaken, the subjects of
examination and the standards of proficiency therein to be
obtained, in Universities or medical institutions for grant of
recognized medical qualifications;
-
the standards of staff,
equipment, accommodation, training and other facilities for
medical education;
-
the conduct of professional
examination; qualifications of examiners and the conditions of
admissions to such examinations;
-
the standards of professional
conduct and etiquette and code of ethics to be observed by
medical practitioners; and
(m a) the
modalities for conducting screening tests under sub-section
(4A), and under the proviso to sub-section (4B), and for issuing
eligibility certificate under sub-section (4B), of section 13,.
-
any matter for which under this
Act provision may be made by regulations.
REPEAL OF ACT 27 OF
1933
34.
-
The Indian Medical
Council Act, 1933 is hereby repealed.
-
Notwithstanding anything contained in this Act, until the
Council is constituted in accordance with the provisions of
this Act:-
-
the
Medical Council of India as constituted immediately
before the commencement of this Act under the Indian
Medical Council Act, 1933, with the addition of seven
members nominated thereto by the Central Government from
among persons enrolled on any of the State Medical
Registers who possess the medical qualifications
included in Part I of the 3rd Schedule to
this Act (hereinafter referred to as the said Medical
Council) shall be deemed to be the Council constituted
under this Act and may exercise any of the powers
conferred or perform any of the duties imposed on the
Council; and any vacancy occurring in the said Medical
Council may be filled up in such manner as Central Govt.
may think fit; and
-
the
Executive Committee and other Committees of the said
Medical Council as constituted immediately before the
commencement of this Act, shall be deemed to be the
Executive Committee and the Committees constituted under
this Act.
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