[Repealed by Act 23 of 20162]
Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows
Prefatory Note The Indian Medical Council Act, 1956 was enacted for the purpose of reconstituting the Medical Council of India and to provide for the maintenance of the Indian Medical Register and for matters connected therewith. The Act was amended, inter alia, by the Indian Medical Council (Amendment) Ordinance, 2010 superseding the Medical Council of India for one year with effect from 15th May, 2010 and providing for the constitution of a Board of Governors of not more than seven persons to exercise the powers and to perform the functions of the Council under the said Act. The Ordinance was replaced by the Indian Medical Council (Amendment) Act, 2010. As per the provisions contained in sub-section (2) of Section 3-A of the aforesaid 1956 Act, as inserted by the amending Act of 2010, the Council had to be reconstituted within a period of one year from the date of its supersession, that is latest by 14th May, 2011.
2. Meanwhile, the Central Government initiated a proposal to set up a National Commission for Human Resources for Health as an overarching regulatory body which would subsume certain Councils like the Medical Council of India and the Dental Council of India in it. Though the draft Bill for setting up of the National Commission for Human Resources for Health has been prepared in consultation with various stakeholders, the enactment of the proposed legislation and subsequent setting up of the Commission could not be completed for various reasons.
3. As the entire process for enacting the proposed legislation to set up a National Commission for Human Resources for Health will take some more time and the term of the Board of Governors constituted under the Indian Medical Council Act, 1956, as amended by the Indian Medical Council (Amendment) Act, 2010, was coming to an end on 14th May, 2011, immediate action was required to be taken before that date. In view of the above circumstances, it was considered necessary and expedient to increase the period of reconstitution of the Council from one year to two years, thereby automatically increasing the term of office of the Board of Governors by one more year. The Medical Council of India could be reconstituted or an overarching regulatory body could be established within the aforesaid extended period.
4. In view of the urgency of the matter and as Parliament was not in session, sub-section (2) of Section 3-A of the Indian Medical Council Act, 1956, was amended by way of promulgation of the Indian Medical Council (Amendment) Ordinance, 2011 on the 10th May, 2011 (Ord. 1 of 2011).
5. The Bill seeks to replace the Indian Medical Council (Amendment) Ordinance, 2011.
(1) This Act may be called the Indian Medical Council (Amendment) Act, 2011.
(2) It shall be deemed to have come into force on the 10th day of May, 2011.
In Section 3-A of the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act), in sub-section (2), for the words one year , the words two years shall be substituted.
(1) The Indian Medical Council (Amendment) Ordinance, 2011 (Ord. 1 of 2011), is hereby repealed.
(2) Notwithstanding the repeal of the Indian Medical Council (Amendment) Ordinance, 2011 (Ord. 1 of 2011), anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
1. Received the assent of the President on September 8, 2011 and published in the Gazette of India, Extra., Part II, Section 1, dated 9th September, 2011, pp. 1-2, No. 18.
2. Ed.: Act 13 of 2011 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016: 4. Savings. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.