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.
1. This Act may
be called the Indian Medical Council Act, 1956.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
DEFINITIONS
2. In this Act,
unless the context otherwise requires:-
a. "approved institution"
means a hospital, health centre or other such institution recognised
b. 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.
c. "council" means the Medical Council of India constituted under this
Act.
d. ["deleted" by Indian Medical Council (Amendment) Act, 1964.]
e. "Indian Medical Register" means the medical register maintained by
the Council.
f. "Medical Institution" means any institution, within or without India,
which grants degrees, diplomas or licences in medicine.
g. "medicine" means modern scientific medicine in all its branches and
includes surgery and obstetrics, but does not include veterinary medicine
and surgery;
h. "Prescribed" means prescribed by regulations.
i. "recognised medical qualification" means any of the medical qualifications
included in the Schedules.
j. "regulation" means a regulation made under section 33;
k. "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.
l. "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.
m. "University" means any University in India established by law and having
a medical faculty.
CONSTITUTION
& COMPOSITION OF THE COUNCIL
3.
1. The Central
Government shall cause to be constituted a council consisting of the following
members, namely:-
a. One member from each State other than a Union Territory to be nominated
by the Central Government in consultation with the State Government concerned.
b. 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.
c. 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.
d. 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.
e. Eight members to be nominated by the Central Govt.
2. The President and Vice-President of the Council shall be elected by
the members of the Council from amongst themselves.
3. 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.
1. (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.
2. 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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. Members of the Council shall be eligible for re-nomination or re-election.
6. 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.
1. The Council
shall meet at least once in each year at such time and place as may be
appointed by the Council.
2. 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:
1. 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.
2. appoint a Registrar who shall act as Secretary and who may also, if
deemed expedient, act as Treasurer.
3. employ such other persons, as the Council deems necessary to carry
out the purposes of this Act.
4. 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
5. 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.
1. 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.
2. The President and Vice-President shall be the President and Vice-President
respectively of the Committee.
3. 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
1. Notwithstanding
anything contained in this Act or any other law for the time being in
force:-
a. no person shall establish a medical college ( or )
b. no medical college shall:-
i. 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
ii. 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.
2. a. 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.
b. 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.
3. 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 -
a. 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.
b. 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.
4. 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).
5. 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.
6. 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.
7. 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:-
a. 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.
b. 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;
c. 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.
d. 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;
e. 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;
f. the requirement of manpower in the field of practice of medicine; and
any other factors as may be prescribed.
g. 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
1. 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.
2. 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.
3. 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
1. 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.
2. 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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
4. 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.
1. 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.
2. The medical qualifications granted to a citizen of India:-
a. before the 15th day of August, 1947, by medical institutions in the
territories now forming part of Pakistan, and,
b. 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.
3. 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.
4. 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.
5. 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.
1. 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:
-
a. 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;
b. 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
c. shall be limited to the period specified in this behalf by the Central
Government by general or special order.
2. 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.
1. 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.
2. Save as provided in section 25, no person other than a medical practitioner
enrolled on a State Medical Register:-
a. 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;
b. shall practice medicine in any State;
c. 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:
d. 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.
3. 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.
1. 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.
2. 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.
3. 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.
1. 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.
2. 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.
3. 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.
4. 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.
1. When upon report
by the Committee or the visitor it appear to the Council:-
a. 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,
b. 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.
2. 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.
3. 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
4. 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
1. 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.
2. 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.
3. 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.
1. 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)
2. 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.
3. 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.
4. 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.
5. 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
1. The Council
may prescribe standards of professional conduct and etiquette and a code
of ethics for medical practitioners.
2. 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.
1. 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.
2. 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.
3. 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.
1. 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.
2. 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
1. 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.
2. 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.
3. 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.
4. 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.
1. 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.
2. 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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
1. The Central
Government may, by notification in the Official Gazette, make rules to
carry out the purposes of this Act.
2. 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:-
a. the management of the property of the Council and the maintenance and
audit of its accounts;
b. 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;
c. the resignation of members of the Council;
d. the powers and duties of the President and Vice-President
e. 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;
f. 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;
g. the particulars to be stated, and the proof of qualifications to be
given in applications for registration under this Act;
h. the fees to be paid on applications and appeals under this Act;
i. the appointment, powers, duties and procedure of medical inspectors
and visitors;
j. 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;
k. the standards of staff, equipment, accommodation, training and other
facilities for medical education;
l. the conduct of professional examination; qualifications of examiners
and the conditions of admissions to such examinations;
m. 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,.
n. any matter for which under this Act provision may be made by regulations.
REPEAL
OF ACT 27 OF 1933
34.
1. The Indian Medical
Council Act, 1933 is hereby repealed.
2. Notwithstanding anything contained in this Act, until the Council is
constituted in accordance with the provisions of this Act:-
a. 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
b. 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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