(1) This Act may be called the National Commissionfor Indian System of Medicine Act, 2020.

(2) It extends to the whole of India.

(3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

1. 7th October, 2020 S. 3,4,5,6,8,11,18,19,20,21,54 and 55 vide notification No. S.O. 3483(E), dated 7th October, 2020, seeGazette of India, Extraordinary, Part II, sec. 3 (ii).

11th June, 2021u2014 (All the remaining provisions) vide notification No. S.O. 2278(E), dated 11th June, 2021. seeGazette of India, Extraordinary, Part II, sec. 3 (ii).

In this Act, unless the context otherwise requires,--

(a) "Autonomous Board" means any of the Autonomous Boards constituted under section 18;

(b) "Board of Ayurveda" means the Board constituted under section 18;

(c) "Board of Ethics and Registration for Indian System of Medicine" means the Boardconstituted under section 18;

(d) "Board of Unani, Siddha and Sowa-Rigpa" means the Board constituted under section 18;

(e) "Chairperson" means the Chairperson of the National Commission for Indian System ofMedicine appointed under section 5;

(f) "Commission" means the National Commission for Indian System of Medicine constitutedunder section 3;

(g) "Council" means the Advisory Council for Indian System of Medicine constituted undersection 11;

(h) "Indian System of Medicine" means the Ashtang Ayurveda, Unani, Siddha and Sowa-RigpaSystems of Medicine supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare bynotification from time to time;

(i) "licence" means a licence to practice any of the Indian System of Medicine granted undersub-section (1) of section 33;

(j) "Medical Assessment and Rating Board for Indian System of Medicine" means the Boardconstituted under section 18;

(k) "medical institution" means any institution within or outside India which, grants degrees,diplomas or licences in Indian System of Medicine and includes affiliated colleges and deemed to beUniversities;

(l) "Member" means a Member of the Commission referred to in section 4 and includes theChairperson thereof;

(m) "National Register" means a National Medical Register for Indian System of Medicinemaintained by the Board of Ethics and Registration for Indian System of Medicine under section 32;

(n) "notification" means a notification published in the Official Gazette and the expression"notify" shall be construed accordingly;

(o) "prescribed" means prescribed by rules made under this Act;

(p) "President" means the President of an Autonomous Board appointed under section 20;

(q) "regulations" means the regulations made by the Commission under this Act;

(r) "State Medical Council" means a State Medical Council of Indian System of Medicineconstituted under any law for the time being in force in any State or Union territory for regulating thepractice and registration of practitioners of Indian System of Medicine in that State or Union territory;

(s) "State Register" means a State Register for Indian System of Medicine maintained under anylaw for the time being in force in any State or Union territory for registration of practitioners ofIndian System of Medicine;

(t) "University" shall have the same meaning as assigned to it in clause (f) of section 2 of theUniversity Grants Commission Act, 1956 (3 of 1956) and includes a health university.

(1) The CentralGovernment shall, by notification, constitute a Commission, to be known as the National Commission forIndian System of Medicine, to exercise the powers conferred upon, and to perform the functions assignedto it, under this Act.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual successionand a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose ofproperty, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at New Delhi.

(1) The Commission shall consist of the following persons,namely:--

(a) a Chairperson;

(b) fifteen ex officio Members; and

(c) twenty-three part-time Members.

(2) The Chairperson shall be a person of outstanding ability, proven administrative capacity andintegrity, possessing a postgraduate degree in any of the disciplines of Indian System of Medicine from arecognised University and having experience of not less than twenty years in any field of Indian Systemof Medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growthand development of Indian System of Medicine or its education.

(3) The following persons shall be appointed by the Central Government as ex officio Members of theCommission, namely:--

(a) the President of the Board of Ayurveda;

(b) the President of the Board of Unani, Siddha and Sowa-Rigpa;

(c) the President of the Medical Assessment and Rating Board for Indian System of Medicine;

(d) the President of the Board of Ethics and Registration for Indian System of Medicine;

(e) Advisor (Ayurveda) or Joint Secretary to the Government of India in-charge of Ayurveda andAdvisor (Unani) or Joint Secretary to the Government of India in-charge of Unani, in the Ministry ofAYUSH;

(f) the Director, All India Institute of Ayurveda, New Delhi;

(g) the Director General, Central Council for Research in Ayurvedic Sciences, New Delhi;

(h) the Director General, Central Council for Research in Unani Medicine, New Delhi;

(i) the Director General, Central Council for Research in Siddha, Chennai;

(j) the Director, National Institute of Siddha, Chennai;

(k) the Director, National Institute of Unani, Bengaluru;

(l) the Director, North Eastern Institute on Ayurveda and Homoeopathy, Shillong;

(m) the Director, Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar; and

(n) the Director, National Institute of Ayurveda, Jaipur.

(4) The following persons shall be appointed by the Central Government as part-time Members of theCommission, namely:--

(a) four Members to be appointed from amongst persons of ability, integrity and standing, whohave special knowledge and professional experience in any of the disciplines of Indian System ofMedicine, Sanskrit, Urdu, Tamil, management, law, health research, science and technology andeconomics;

(b) ten Members to be appointed on rotational basis from amongst the nominees of the States andUnion territories in the Advisory Council for Indian System of Medicine for a term of two years insuch manner as may be prescribed;

(c) six members from Ayurveda, one member each from Siddha, Unani and Sowa-Rigpa, to beappointed from amongst the nominees of the States and Union territories, under clause (d) ofsub-section (2) of section 11, in the Advisory Council for Indian System of Medicine, for a term oftwo years in such manner as may be prescribed:

Provided that no Member shall either himself or through any of his family members, directly orindirectly, own or be associated with or have any dealings with the managing body of a private or nongovernment medical institution which is regulated under this Act.

Explanation.--For the purpose of this section and section 19, the term "leader" means the Head of aDepartment or the Head of an Organisation.

(1) The CentralGovernment shall appoint the Chairperson, referred to in section 4 and the President of the AutonomousBoards referred to in section 20 on the recommendation of a Search Committee consisting of--

(a) the Cabinet Secretary--Chairperson;

(b) two experts, possessing outstanding qualifications and experience of not less than twenty-fiveyears in any of the fields of Indian System of Medicine, to be nominated by the CentralGovernment--Members;

(c) one expert, from amongst the Members referred to in clause (c) of sub-section (4) of section 4,to be nominated by the Central Government in such manner as may be prescribed--Member;

(d) one person, possessing outstanding qualifications and experience of not less than twenty-fiveyears in the field of Sanskrit, Urdu, Tamil, health research, management, law, economics or scienceand technology, to be nominated by the Central Government--Member;

(e) the Secretary to the Government of India in charge of the Ministry of AYUSH, to be theConvenor--Member:

Provided that for selection of part-time Members of the Commission referred to in clause (a) of subsection (4) of section 4, the Secretary referred to in section 8 and other Members of the AutonomousBoards referred to in section 20, the Search Committee shall consist of Members specified in the clauses(b) to (d) and Joint Secretary to the Government of India in the Ministry of AYUSH as ConvenorMember and chaired by Secretary to the Government of India in charge of the Ministry of AYUSH.

(2) The Central Government shall, within one month from the date of occurrence of any vacancy,including by reason of death, resignation or removal of the Chairperson or a Member, or within threemonths before the end of tenure of the Chairperson or Member, make a reference to the SearchCommittee for filling up of the vacancy.

(3) The Search Committee shall recommend a panel of at least three names for every vacancy referredto it.

(4) Before recommending any person for appointment as the Chairperson or a Member of theCommission, the Search Committee shall satisfy itself that such person does not have any financial orother interest which is likely to affect prejudicially his functions as such Chairperson or Member.

(5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancyor absence of a Member in the Search Committee.

(6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may regulate its ownprocedure.

(1) The Chairpersonand Members (other than ex officio Members) and Members appointed under clauses (b) and (c) ofsub- section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligiblefor any extension or re-appointment:

Provided that such person shall cease to hold office after attaining the age of seventy years.

(2) The term of office of an ex officio Member shall continue as long as he holds the office by virtueof which he is such Member.

(3) Where a Member, other than an ex officio Member, is absent from three consecutive ordinarymeetings of the Commission and the cause of such absence is not attributable to any valid reason in theopinion of the Commission, such Member shall be deemed to have vacated the seat.

(4) The salary and allowances payable to and other terms and conditions of service of the Chairpersonand Member, other than an ex officio Member, shall be such as may be prescribed.

(5) The Chairperson or a Member may,--

(a) relinquish his office by giving in writing a notice of not less than three months to the CentralGovernment; or

(b) be removed from his office in accordance with the provisions of section 7:

Provided that such person may be relieved from duties earlier than three months or allowed tocontinue beyond three months until a successor is appointed, if the Central Government so decides.

(6) The Chairperson and every Member of the Commission shall make declaration of his assets andliabilities at the time of entering upon his office and at the time of demitting his office and also declare hisprofessional and commercial engagement or involvement, in such form and manner as may be prescribed,and such declaration shall be published on the website of the Commission.

(7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of twoyears from the date of demitting such office, any employment, in any capacity, including as a consultantor an expert, in any private Medical institution of Indian System of Medicine or, whose matter has beendealt with by such Chairperson or Member, directly or indirectly:

Provided that nothing contained herein shall be construed as preventing such person from acceptingan employment in a body or institution including Medical institution of Indian System of Medicine,controlled or maintained by the Central Government or a State Government.

(8) Nothing in sub-section (7) shall prevent the Central Government from permitting the Chairpersonor a Member to accept any employment in any capacity, including as a consultant or an expert, in anyprivate Medical institution of Indian System of Medicine, whose matter has been dealt with by suchChairperson or Member.

(1) The Central Government may, byorder, remove from office, the Chairperson or any other Member, who--

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government, involvesmoral turpitude; or

(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions asa Member; or

(f) has so abused his position as to render his continuance in office prejudicial to public interest.

(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has beengiven a reasonable opportunity of being heard in the matter.

(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to beappointed by the Central Government in accordance with the provisions of section 5.

(2) The Secretary of the Commission shall be a person of proven administrative capacity andintegrity, possessing such qualifications and experience as may be prescribed.

(3) The Secretary shall be appointed by the Central Government for a term of four years and he shallnot be eligible for any extension or re-appointment.

(4) The Secretary shall discharge such functions of the Commission as are assigned to him by theCommission and as may be specified by regulations made under this Act.

(5) The Commission may appoint such officers and other employees, as it considers necessary,against the posts created by the Central Government for the efficient discharge of its functions under thisAct.

(6) The salaries and allowances payable to, and other terms and conditions of service of the Secretary,officers and other employees of the Commission shall be such as may be prescribed.

(7) The Commission may engage, in accordance with the procedure specified by regulations, suchnumber of experts and professionals of integrity and outstanding ability, who have special knowledge ofIndian System of Medicine, and experience in fields including medical education in Indian System ofMedicine, public health, management, economics, accreditation, patient advocacy, health research,science and technology, administration, finance, accounts or law as it deems necessary, to assist theCommission in the discharge of its functions under this Act.

(1) The Commission shall meet at least once every quarter at suchtime and place as may be appointed by the Chairperson.

(2) The Chairperson shall preside at the meeting of the Commission and if, for any reason, theChairperson is unable to attend a meeting of the Commission, any Member being the President of theAutonomous Boards, nominated by the Chairperson shall preside at the meeting.

(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided byregulations, one-half of the total number of Members of the Commission including the Chairperson shallconstitute the quorum and all decisions of the Commission shall be taken by a majority of the members,present and voting and in the event of equality of votes, the Chairperson or in his absence, the Presidentof the Autonomous Board nominated under sub-section (2), shall have the casting vote.

(4) The general superintendence, direction and control of the administration of the Commission shallvest in the Chairperson.

(5) No act or proceeding of the Commission shall be invalid merely by reason of--

(a) any vacancy in, or any defect in the constitution of, the Commission; or

(b) any defect in the appointment of a person acting as a Chairperson or as a Member.

(6) A person who is aggrieved by any decision of the Commission, except the decision renderedunder sub-section (4) of section 31, may prefer an appeal to the Central Government against such decisionwithin fifteen days of the communication of such decision.

(1) The Commission shall perform the followingfunctions, namely:--

(a) lay down policies for maintaining a high quality and high standards in education of IndianSystem of Medicine and make necessary regulations in this behalf;

(b) lay down policies for regulating medical institutions, medical researches and medicalprofessionals and make necessary regulations in this behalf;

(c) assess the requirements in healthcare, including human resources for health and healthcareinfrastructure and develop a road map for meeting such requirements;

(d) frame guidelines and lay down policies by making such regulations as may be necessary forthe proper functioning of the Commission, the Autonomous Boards and the State Medical Councils ofIndian System of Medicine;

(e) ensure coordination among the Autonomous Boards;

(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councilsof Indian System of Medicine of the guidelines framed and regulations made under this Act for theireffective functioning under this Act;

(g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards;

(h) ensure observance of professional ethics in Medical profession and to promote ethical conductduring the provision of care by medical practitioners;

(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. ofseats in private medical institutions and deemed to be Universities which are governed under theprovisions of this Act;

(j) exercise such other powers and perform such other functions as may be prescribed.

(2) All orders and decisions of the Commission shall be authenticated by signature of the Secretaryand the Commission may delegate such of its powers on administrative and financial matters, as it deemsfit, to the Secretary.

(3) The Commission may constitute sub-committees and delegate such of its powers to them as maybe necessary to enable them to accomplish specific tasks.

(1) TheCentral Government shall, by notification, constitute an advisory body to be known as the AdvisoryCouncil for Indian System of Medicine.

(2) The Council shall consist of a Chairperson and the following members, namely:--

(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council;

(b) every Member of the Commission shall be ex officio member of the Council;

(c) one member, to represent each State, who is the Vice-Chancellor of a University in that State,possessing qualifications in the Indian System of medicine, to be nominated by that StateGovernment, and one member to represent each Union territory, who is the Vice-chancellor of aUniversity in that Union territory, possessing qualifications in the Indian System of Medicine, to benominated by the Ministry of Home Affairs in the Government of India:

Provided that where the Vice-Chancellor possessing qualifications in the Indian System ofMedicine is not available, a Dean or a Head of Faculty possessing qualifications in the Indian Systemof Medicine shall be nominated;

(d) one member to represent each State and each Union territory from amongst elected membersof the State Medical Council of Indian System of Medicine, to be nominated by that State MedicalCouncil;

(e) the Chairman, University Grants Commission;

(f) the Director, National Assessment and Accreditation Council;

(g) four Members to be nominated by the Central Government from amongst persons holding thepost of Director in the Indian Institutes of Technology, Indian Institutes of Management and theIndian Institutes of Science.

(1) The Council shall be theprimary platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medicaleducation, training, research and development.

(2) The Council shall advise the Commission on measures to determine and maintain, and tocoordinate maintenance of, the minimum standards in all matters relating to medical education, training,research and development.

(3) The Council shall advise the Commission on measures to enhance equitable access to medicaleducation.

(1) The Council shall meetatleast twice a year at such time and place as may be decided by the Chairperson.

(2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairpersonis unable to attend a meeting of the Council, such other member as nominated by the Chairperson shallpreside over the meeting.

(3) Unless the procedure is otherwise provided by regulations, one-half of the members of theCouncil including the Chairperson shall form the quorum and all acts of the Council shall be decided by amajority of the members present and voting.

(1) There shall be a uniform National Eligibilitycum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the IndianSystem of Medicine in all medical institutions governed under this Act:

Provided that National Eligibility-cum-Entrance Test shall be exempted for students who have takenadmission in--

(i) Pre-tib for Bachelor of Unani Medicine and Surgery; and

(ii) Pre-Ayurveda for Bachelor of Ayurvedic Medicine and Surgery.

(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in suchother languages, through such designated authority and in such manner, as may be specified byregulations.

(3) The Commission shall specify by regulations the manner of conducting common counselling bythe designated authority for admission to all the medical institutions governed under this Act:

Provided that the common counselling shall be conducted by the designated authority of--

(i) the Central Government, for All India seats; and

(ii) the State Government, for the remaining seats at the State level.

(4) The Commission shall specify by regulations the manner of admission of students toundergraduate courses who are exempted under sub-section (1).

(1) A common final year undergraduate medical examination, to be knownas the National Exit Test, shall be held for granting licence to practice as medical practitioner ofrespective disciplines of Indian System of Medicine and for enrollment in the State Register or NationalRegister, as the case may be.

(2) The Commission shall conduct the National Exit Test for Indian System of Medicine in Englishand in such other languages, through such designated authority and in such manner as may be specifiedby regulations.

(3) The National Exit Test shall become operational on such date, within three years from the date onwhich this Act comes into force, as may be appointed by the Central Government, by notification.

(4) Any person with a foreign medical qualification shall have to qualify national Exist Test for thepurpose of obtaining licence to practice as medical practitioner of Indian System of Medicine and forenrollment in the State Register or the National Register, as the case may be, in such manner as may bespecified by regulations.

(1) A uniform Post-Graduate National Entrance Testshall be conducted separately for admission to postgraduate courses in each discipline of the IndianSystem of Medicine in all medical institutions governed under this Act.

(2) The Commission shall conduct the National Entrance Test for admission to postgraduate coursesin English and in such other languages, through such designated authority and in such manner, as may bespecified by regulations.

(3) The Commission shall specify by regulations the manner of conducting common counselling bythe designated authority for admission to the postgraduate seats in all medical institutions governed underthis Act.

(1) A National Teachers'Eligibility Test shall be conducted separately for the postgraduates of each discipline of Indian System ofMedicine who desire to take up teaching profession in that discipline.

(2) The Commission shall conduct the National Teachers' Eligibility Test for Indian System ofMedicine through such designated authority and in such manner as may be specified by regulations.

(3) The National Teachersu2019 Eligibility Test for Indian System of Medicine shall become operationalon such date, within three years from the date on which this Act comes into force, as may be notified bythe Central Government:

Provided that nothing contained in this section shall apply to the teachers appointed prior to the datenotified under sub-section (3).

(1) The Central Government shall, by notification,constitute the following Autonomous Boards, under the overall supervision of the Commission, toperform the functions assigned to such Boards under this Act, namely:--

(a) the Board of Ayurveda;

(b) the Board of Unani, Siddha and Sowa-Rigpa;

(c) the Medical Assessment and Rating Board for Indian System of Medicine; and

(d) the Board of Ethics and Registration for Indian System of Medicine.

(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out itsfunctions under this Act in accordance with the regulations made by the Commission.

(1) The composition of the Autonomous Boards shall beas under, namely:--

(a) the Board of Ayurveda shall consist of a President and four Members from the Ayurvedadiscipline of Indian System of Medicine;

(b) the Board of Unani, Siddha and Sowa-Rigpa shall consist of a President and two Membersfrom each of the Unani, Siddha and Sowa-Rigpa disciplines of Indian System of Medicine;

(c) the Medical Assessment and Rating Board for Indian System of Medicine shall consist of aPresident and eight Members:

Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha,Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Memberrepresents each such discipline separately, and the remaining two Members shall be accreditation experts;

(d) the Board of Ethics and Registration for Indian System of Medicine shall consist of aPresident and eight Members:

Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha,Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Memberrepresents each such discipline separately, and the remaining two Members shall be chosen from any ofthe disciplines of quality assurance, public health, law or patient advocacy.

(2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shallbe persons of outstanding ability, proven administrative capacity and integrity, possessing postgraduatedegree in respective disciplines from a recognised University and having experience of not less thanfifteen years in respective fields, out of which at least seven years shall be as a leader:

Provided that seven years as leader in the case of the President and Member from Indian System ofMedicine shall be in the area of health, growth and development of education in Indian System ofMedicine.

The Central Governmentshall appoint the President and Members of the Autonomous Boards on the basis of the recommendationsmade in accordance with the procedure specified in section 5 by the Search Committee constitutedthereunder.

(1) The President andMembers of each Autonomous Board shall hold the office for a term not exceeding four years and shallnot be eligible for any extension or re-appointment:

Provided that such person shall cease to hold office after attaining the age of seventy years.

(2) The salary and allowances payable to, and other terms and conditions of service of, the Presidentand Members of an Autonomous Boards shall be such as may be prescribed.

(3) The provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6 relating to the termsand conditions of service of, and in section 7 relating to removal from office, the Chairperson andMembers of the Commission shall also be applicable to the President and Members of the AutonomousBoards.

(1) Each Autonomous Board, except the Board of Ethics andRegistration for Indian System of Medicine, shall be assisted by such advisory Committees of experts, asmay be constituted by the Commission, for the efficient discharge of the functions of such Boards underthis Act.

(2) The Board of Ethics and Registration for Indian System of Medicine shall be assisted by suchethics committees of experts, as may be constituted by the Commission, for the efficient discharge of thefunctions of that Boards under this Act.

The experts, professionals, officers and other employeesappointed under section 8 shall be made available to the Autonomous Boards in such number and in suchmanner, as may be specified by regulations made by the Commission.

(1) Every Autonomous Board shall meet at least oncea month at such time and place as it may appoint.

(2) Subject to such regulations as may be made in this behalf, all decisions of the Autonomous Boardsshall be made by consensus and if consensus is not possible, decision shall be made by majority of votesof the President and Members.

(3) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to theCommission against such decision within thirty days of the communication of such decision.

(1) The Commission may delegate all or any of its administrative andfinancial powers to the President of each Autonomous Board to enable such Board to function smoothlyand efficiently.

(2) The President of an Autonomous Board may further delegate any of his powers to a Member orofficer of that Board.

(1) The Board of Ayurveda, in respect of thediscipline of Ayurveda, and the Board of Unani, Siddha and Sowa-Rigpa, in respect of the disciplines ofUnani, Siddha and Sowa-Rigpa, of the Indian System of Medicine, shall perform the following functionsin respect of their respective disciplines, namely:--

(a) determine the standards of education at the undergraduate, postgraduate and super-specialitylevels and oversee all aspects relating thereto;

(b) develop a competency based dynamic curriculum at all levels in accordance with theregulations made under this Act, in such manner that it develops appropriate skill, knowledge,attitude, values and ethics among the postgraduate and superspeciality students and enables them toprovide healthcare, to impart medical education and to conduct medical research;

(c) frame guidelines on setting up of medical institutions for imparting undergraduate,postgraduate and super-speciality courses in Ayurveda, Unani, Siddha and Sowa-Rigpa, havingregard to the needs of the country, the global norms and the regulations made under this Act;

(d) determine minimum requirements and standards for conducting of courses and examinationsin medical institutions, having regard to the needs of creativity at local levels and the regulationsmade under this Act;

(e) determine standards and norms for infrastructure, faculty and quality of education andresearch in medical institutions of Indian System of Medicine, in accordance with the regulationsmade under this Act;

(f) specify norms for compulsory annual disclosure, electronically or otherwise, by medicalinstitutions of Indian System of Medicine in respect of their functions that has a bearing on theinterest of various stakeholders including students, faculty, the Commission and the Government;

(g) facilitate development and training of faculty members;

(h) facilitate research programmes;

(i) grant recognition to medical qualifications at all levels.

(2) The Board of Ayurveda and the Board of Unani, Siddha and Sowa-Rigpa may, in the discharge oftheir functions, make such recommendations to, and seek such directions from, the Commission, as itdeems necessary.

(1) The Board of Ethics and Registration for Indian System of Medicine shall perform the followingfunctions, namely:--

(a) maintain a National Register of all licensed practitioners of Indian System of Medicine inaccordance with the provisions of section 32;

(b) regulate professional conduct and promote medical ethics in accordance with the regulationsmade under this Act:

Provided that the Board of Ethics and Registration for Indian System of Medicine shall ensurecompliance with the code of professional and ethical conduct through the State Medical Council, in acase where such State Medical Council has been conferred power to take disciplinary actions inrespect of professional or ethical misconduct by medical practitioners under respective State Acts;

(c) develop mechanisms to have continuous interaction with State Medical Councils of IndianSystem of Medicine to effectively promote and regulate the conduct of medical practitioners of IndianSystem of Medicine;

(d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Councilunder section 31.

(2) The Board of Ethics and Registration for Indian System of Medicine may, in the discharge of itsfunctions, make such recommendations to, and seek such directions from, the Commission, as it deemsnecessary.

(1) The Medical Assessment and Rating Board for Indian System of Medicine shall performthe following functions, namely:--

(a) determine the procedure for assessment and rating of medical institutions on the basis of theircompliance with the standards laid down by the Board of Ayurveda or, as the case may be, the Boardof Unani, Siddha and Sowa-Rigpa, in accordance with the regulations made under this Act;

(b) grant permission for establishment of a new medical institution or to start any postgraduatecourse or to increase number of seats, in accordance with the provisions of section 29;

(c) carry out inspections of medical institutions for assessing and rating such institutions inaccordance with the regulations made under this Act:

Provided that the Medical Assessment and Rating Board for Indian System of Medicine may, if itdeems necessary, hire and authorise any other third party agency or persons for carrying outinspections of medical institutions for assessing and rating such institutions:

Provided further that where inspection of medical institutions is carried out by such third partyagency or persons authorised by the Medical Assessment and Rating Board for Indian System ofMedicine, it shall be obligatory on such institutions to provide access to such agency or person;

(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assessand rate all medical institutions, within such period of their opening, and every year thereafter, at suchtime, and in such manner, as may be specified by regulations;

(e) make available on its website or in public domain, the assessment and ratings of medicalinstitutions at regular intervals, in accordance with the regulations made under this Act;

(f) take such measures, including issuing warning, imposition of monetary penalty, reducingintake or stoppage of admissions and recommending to the Commission for withdrawal ofrecognition, against a medical institution for its failure to maintain the minimum essential standardsspecified by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and SowaRigpa, in accordance with the regulations made under this Act.

(2) The Medical Assessment and Rating Board for Indian System of Medicine may, in the dischargeof its functions, make such recommendations to, and seek such directions from, the Commission, as itdeems necessary.

(1) No person shall establish a newmedical institution or start any postgraduate course or increase number of seats without obtaining priorpermission of the Medical Assessment and Rating Board for Indian System of Medicine.

Explanation.-- For the purpose of this sub-section, the term "person" includes any University, trustor any other body, but does not include the Central Government.

(2) For the purpose of obtaining permission under sub-section (1), a person may submit a scheme tothe Medical Assessment and Rating Board for Indian System of Medicine in such form, containing suchparticulars, accompanied by such fee, and in such manner, as may be specified by regulations.

(3) While considering the scheme received under sub-section (2), the Medical Assessment and RatingBoard for Indian System of Medicine shall have regard to the standards of education and research, thestandards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions andother requirements determined by the Board of Ayurveda or, as the case may be, the Board of Unani,Siddha and Sowa-Rigpa under section 26, and pass an order either approving or disapproving the schemewithin three months from the date of receipt of such scheme:

Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall begiven to the person concerned.

(4) Where a scheme is approved under sub-section (3), such approval shall be the permission undersub-section (1) to establish a new medical institution.

(5) Where a scheme is disapproved under sub-section (3), or where no order is passed within threemonths of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to theCommission within fifteen days of such disapproval or, as the case may be, after lapse of three months, insuch manner as may be specified by regulations.

(6) Where the Commission has disapproved the scheme or no order has been passed within fifteendays from the date of preferring appeal under sub-section (5), the person concerned may prefer a secondappeal to the Central Government within seven days of communication of such disapproval or, as the casemay be, lapse of specified period of fifteen days.

(7) The Medical Assessment and Rating Board for Indian System of Medicine may conductevaluation and assessment of any University or medical institution at any time, either directly or throughany other expert, having integrity and experience in medical profession, without any prior notice andassess and evaluate the performance, standards and benchmarks of such University or medical institution.

While approving or disapproving a schemeunder section 29, the Medical Assessment and Rating Board for Indian System of Medicine, or theCommission, as the case may be, shall take into consideration the following criteria, namely:--

(a) adequacy of infrastructure and financial resources;

(b) whether adequate academic faculty, non-teaching staff, and other necessary facilities havebeen provided to ensure proper functioning of medical institution or would be provided within thetime-limit specified in the scheme;

(c) whether adequate hospital facilities have been provided or would be provided within the timelimit specified in the scheme;

(d) such other factors as may be prescribed:

Provided that, subject to the previous approval of the Central Government, the criteria may berelaxed for the medical institutions which are set up in such areas as may be specified by theregulations.

(1) The State Government shall, by notification, within three years ofthe commencement of this Act, establish a State Medical Council for Indian System of Medicine in thatState if no such Council exists in that State.

(2) Where a State Act confers power upon the State Medical Council to take disciplinary actions inrespect of any professional or ethical misconduct by a registered practitioner of Indian System ofMedicine, the State Medical Council shall act in accordance with the regulations made, and the guidelinesframed, under this Act:

Provided that till such time as a State Medical Council for Indian System of Medicine is establishedin a State, the Board of Ethics and Registration for Indian System of Medicine shall receive thecomplaints and grievances relating to any professional or ethical misconduct against a registeredpractitioner of Indian System of Medicine in that State in accordance with such procedure as may bespecified by regulations:

Provided further that the Board of Ethics and Registration for Indian System of Medicine or, as thecase may be, the State Medical Council shall give an opportunity of hearing to such practitioner beforepassing any order or taking any action, including imposition of any monetary penalty, against suchperson.

(3) A practitioner of Indian System of Medicine who is aggrieved by the order passed or the actiontaken by--

(a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethicsand Registration for Indian System of Medicine and the decision, if any, of the Board of Ethics andRegistration for Indian System of Medicine thereupon shall be binding on such State MedicalCouncil, unless a second appeal is preferred under sub-section (4);

(b) the Board of Ethics and Registration for Indian System of Medicine under the first proviso tosub-section (2) may prefer an appeal to the Commission.

(4) A medical practitioner of Indian system of medicine who is aggrieved by the decision of theBoard of Ethics and Registration for Indian System of Medicine, may prefer an appeal to the Commissionwithin sixty days of communication of such decision.

Explanation.--For the purposes of this Act,--

(a) "State" includes Union territory and the expressions "State Government" and "State MedicalCouncil for Indian System of Medicine", in relation to a Union territory, shall respectively mean the"Central Government" and "Union Territory Medical Council for Indian System of Medicine";

(b) the expression "professional or ethical misconduct" includes any act of commission oromission, as may be specified by regulations.

(1) The Board of Ethicsand Registration for Indian System of Medicine shall maintain a National Register containing the name,address, all recognised qualifications possessed by a licensed medical practitioner of the Indian System ofMedicine and such other particulars as may be specified by regulations.

(2) The National Register shall be maintained in such form, including in electronic form and in suchmanner as may be specified by regulations.

(3) The manner in which any name or qualification may be added to, or removed from, the NationalRegister and the grounds for removal thereof, shall be such as may be specified by the regulations.

(4) The National Register shall be made available to the public by placing it on the website of theBoard of Ethics and Registration for Indian System of Medicine.

(5) Every State Medical Council shall maintain and regularly update the State Register in thespecified electronic format and supply a physical copy of the same to the Board of Ethics and Registrationfor Indian System of Medicine within three months of the commencement of this Act.

(6) The Board of Ethics and Registration for Indian System of Medicine shall ensure electronicsynchronization of the National Register and the State Register in such a manner that any change in onesuch register is automatically reflected in the other register.

(1) Anyperson who has a recognised qualification in Indian System of Medicine under this Act and qualifies theNational Exit Test held under section 15 shall be granted a licence to practice Indian System of Medicineand shall have his name and qualifications enrolled first in the State Register and subsequently in theNational Register maintained under this Act:

Provided that a person who has been registered in the Central Register of Indian System of Medicinemaintained under the Indian Medicine Central Council Act, 1970 (48 of 1970) prior to the coming intoforce of this Act and before the National Exit Test becomes operational under sub-section (3) of section15, shall be deemed to have been registered under this Act and be enrolled in the National Registermaintained under this Act.

(2) No person who has obtained a qualification in Indian System of Medicine from a medicalinstitution established in any country outside India and is recognised as a medical practitioner of IndianSystem of Medicine in that country, shall, after the commencement of this Act and the National Exit Testfor Indian System of Medicine becomes operational under sub-section (3) of section 15, be enrolled in theNational Register for Indian System of Medicine, unless he qualifies the National Exit Test for IndianSystem of Medicine.

(3) When a person whose name is entered in the State Register or the National Register, as the casemay be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is arecognised qualification under section 35 or section 36, as the case may be, he shall be entitled to havesuch title, diploma or qualification entered against his name in the State Register or the National Register,in such manner as may be specified by regulations.

(1) No person other than a person who is enrolled in the StateRegister or the National Register, as the case may be, shall--

(a) be allowed to practice Indian System of Medicine as a qualified practitioner;

(b) hold office as a physician or surgeon or any other office, by whatever name called, which ismeant to be held by a physician or surgeon, as the case may be;

(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificaterequired by any law to be signed or authenticated by a duly qualified medical practitioner;

(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Indian System of Medicine:

Provided that the Commission shall submit a list of such practitioners to the Central Governmentin such manner as may be prescribed:

Provided further that a foreign citizen who is enrolled in his country as a practitioner of IndianSystem of Medicine in accordance with the law regulating the registration of such practitioners in thatcountry may be permitted temporary registration in India for such period and in such manner as maybe specified by regulations.

(2) Any person who acts in contravention of the provisions of this section shall be punished withimprisonment for a term which may extend to one year, or with fine which may extend to five lakhrupees, or with both.

(3) Nothing contained in this section shall affect--

(a) the right of a person enrolled in a State Register as practitioner of Indian System of Medicineto practice in any State merely on the ground that he does not possess, as on the date ofcommencement of this Act, a recognised medical qualification in the Indian System of Medicine;

(b) the privileges, including the right to practice any system of medicine, conferred by or underany law for the time being in force in a State on the practitioners of Indian System of Medicineenrolled in the State register of that State;

(c) the right of a person who has been practicing Indian System of Medicine for not less than fiveyears in a State, to continue to practice in that State in which a State Register of Indian System ofMedicine is not maintained as on the date of commencement of this Act.

(1)The medical qualifications in Indian System of Medicine at undergraduate or postgraduate orsuper-speciality level granted by any University or medical institution in India shall be listed andmaintained by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be,in such manner as may be specified by regulations and such medical qualification shall be a recognisedmedical qualification for the purposes of this Act.

(2) Any University or medical institution in India which grants an undergraduate or postgraduate orsuper-speciality qualification in Indian System of Medicine not included in the list maintained by theBoard of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, may apply to thatBoard for granting recognition to such qualification.

(3) The Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, shallexamine the application for grant of recognition to a qualification in Indian System of Medicine within aperiod of six months in such manner as may be specified by regulations.

(4) Where the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be,decides to grant recognition to the qualification in Indian System of Medicine, it shall include suchqualification in the list maintained by it and shall also specify therein the date of effect of suchrecognition, otherwise it shall communicate its decision not to grant recognition to the medicalqualification to the concerned University or medical institution.

(5) The aggrieved University or the medical institution may prefer an appeal to the Commissionwithin a period of sixty days from the date of communication of the decision of the Board of Ayurveda orthe Board of Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified byregulations.

(6) The Commission shall examine the appeal received under sub-section (5) within a period of twomonths and if it decides that recognition may be granted to such medical qualification, it may direct theconcerned Board to include such qualification in the list maintained by that Board in such manner as maybe specified by regulations.

(7) Where the Commission decides not to grant recognition under sub-section (6) or fails to decidewithin the specified period, the aggrieved University or medical institution may prefer a second appeal tothe Central Government within a period of thirty days from the date of communication of such decision orlapse of specified period, as the case may be.

(8) All medical qualifications which have been recognised before the date of commencement of thisAct and are included in the Second Schedule and Third Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970), shall also be listed and maintained by the Board of Ayurveda or the Board ofUnani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by regulations.

(1)Where an authority in any country outside India which, by the law of that country is entrusted with therecognition of qualifications of Indian System of Medicine in that country, makes an application to theCommission for granting recognition to such qualification in India, the Commission may, subject to suchverification as it deems necessary, either grant or refuse to grant recognition to that medical qualification.

(2) Where the Commission grants recognition to any medical qualification under sub-section (1), suchqualification shall be a recognised qualification for the purposes of this Act and shall be included in thelist maintained by the Commission in such manner as may be specified:

Provided that in case the Commission decides not to grant recognition to any qualification, theCommission shall give a reasonable opportunity of being heard to such authority before refusing to grantsuch recognition.

(3) Where the Commission refuses to grant recognition to a medical qualification undersub-section (2), the Authority concerned may prefer an appeal to the Central Government for grant ofrecognition.

(4) All qualifications which have been recognised before the date of commencement of this Act andare included in the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970) shallalso be recognised medical qualifications for the purposes of this Act and shall be listed and maintainedby the Commission in such manner as may be specified by the regulations.

(1) Where, upon a reportreceived from the Medical Assessment and Rating Board for Indian System of Medicine or otherwise, itappears to the Commission that--

(a) the courses of study and examination to be undergone in, or the proficiency required fromcandidates at any examination held by, a University or medical institution do not conform to thestandards specified by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as thecase may be; or

(b) the standards and norms for infrastructure, faculty and quality of education in medicalinstitutions as determined by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa,as the case may be, are not adhered to by any University or medical institution, and such Universityor medical institution has failed to take necessary corrective action to maintain specified minimumstandards,

the Commission may initiate action in accordance with the provisions of sub-section (2):

Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognitiongranted to the medical qualification awarded by a University or medical institution, impose penalty inaccordance with the provisions of clause (f) of sub-section (1) of section 28.

(2) The Commission shall, after making such further inquiry as it deems fit, and after holdingconsultations with the State Government and the authority of the concerned University or medicalinstitution, comes to the conclusion that the recognition granted to a medical qualification ought to bewithdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct theBoard of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, to amend theentries against the University or medical institution concerned in the list maintained by that Board to theeffect that the recognition granted to such qualification is withdrawn with effect from the date specified inthat order.

(3) If the Commission, after verification with the authority in any country outside India, is of theopinion that a recognised medical qualification which is included in the list maintained by it is to bede-recognised, it may, by order, de-recognise such medical qualification and remove it from the listmaintained by the Commission with effect from the date of such order.

Where the Commissiondeems it necessary so to do, it may, by notification, direct that any qualification in Indian System ofMedicine granted by a medical institution outside India, after such date, as may be specified in thatnotification, shall be recognised qualification for the purposes of this Act:

Provided that medical practice by a person possessing such qualification shall be permitted only ifsuch person has been enrolled as a medical practitioner in accordance with the law regulating theregistration of medical practitioner for the time being in force in that country:

Provided further that medical practice by a person possessing such qualification shall be limited tosuch period as may be specified in that order:

Provided also that medical practice by a person possessing such qualification shall be permitted onlyif such person qualifies National Exit Test.

The Central Government may, after due appropriation madeby Parliament by law in this behalf, make to the Commission grants of such sums of money as the CentralGovernment may think fit.

(1) There shall be constituted afund to be called u201cthe National Commission Fund for Indian System of Medicineu201d and there shall becredited thereto--

(a) all Government grants, fees, penalties and charges received by the Commission and theAutonomous Boards;

(b) all sums received by the Commission from such other source as may be decided by it.

(2) The fund shall be applied for making payment towards--

(a) the salaries and allowances payable to the Chairperson and Members of the Commission, thePresidents and Members of the Autonomous Boards and the administrative expenses including thesalaries and allowances payable to the officers and other employees of the Commission andAutonomous Boards;

(b) the expenses incurred or to be incurred in carrying out the provisions of this Act including inconnection with the discharge of the functions of the Commission and the Autonomous Boards.

(1) The Commission shall maintain proper accounts and other relevantrecords and prepare an annual statement of accounts in such form as may be prescribed, in consultationwith the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of Indiaat such intervals as may be specified by him and any expenditure incurred in connection with such auditshall be payable by the Commission to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other persons appointed by him inconnection with the audit of the accounts of the Commission shall have the same rights and privileges andauthority in connection with such audit as the Comptroller and Auditor-General generally has inconnection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documentsand papers and to inspect the office of the Commission.

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India orany other person appointed by him in this behalf, together with the audit report thereon, shall beforwarded annually by the Commission to the Central Government which shall cause the same to be laid,as soon as may be after it is received, before each House of Parliament.

(1) The Commission shallfurnish to the Central Government, at such time, in such form and in such manner, as may be prescribedor as the Central Government may direct, such reports and statements and such particulars in regard toany matter under the jurisdiction of the Commission, as the Central Government may, from time to time,require.

(2) The Commission shall prepare, once every year, in such form and at such time as may beprescribed, an annual report, giving a summary of its activities during the previous year and copies of thereport shall be forwarded to the Central Government.

(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, assoon as may be after it is received, before each House of Parliament.

(1) Without prejudice to the foregoing provisions of this Act, the Commission and the AutonomousBoards shall, in exercise of their powers and discharge of their functions under this Act be bound by suchdirections on questions of policy as the Central Government may give in writing to them from time totime:

Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given anopportunity to express their views before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

The CentralGovernment may give such directions, as it may deem necessary, to a State Government for carrying outall or any of the provisions of this Act and the State Government shall comply with such directions.

(1) The Commissionshall furnish such reports, copies of its minutes, abstracts of its accounts and other information to theCentral Government as that Government may require.

(2) The Central Government may publish, in such manner as it may think fit, the reports, minutes,abstracts of accounts and other information furnished to it under sub-section (1).

Every university and medical institutionscovered under this Act shall maintain a website at all times and display in its website all such informationas may be required by the Commission or an Autonomous Board, as the case may be.

(1) Notwithstanding anythingcontained in this Act, any student who was studying for a degree or diploma in any medical institutionimmediately before the commencement of this Act shall continue to so study and complete his course forsuch degree or diploma, and such institution shall continue to provide instructions and hold examinationfor such student in accordance with the syllabus and studies as existed before such commencement, andsuch student shall be deemed to have completed his course of study under this Act and shall be awardeddegree or diploma under this Act.

(2) Notwithstanding anything contained in this Act, where recognition granted to a medical institutionhas lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever,such medical institution shall continue to maintain and provide the minimum standards as approved bythe Commission till such time as all the candidates are able to complete their study in that institution.

The Chairperson, Members, officers and other employees of the Commission and thePresident and Members of Autonomous Boards shall be deemed, when acting or purporting to act inpursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 ofthe Indian Penal Code (45 of 1860).

No suit, prosecution or other legal proceeding shalllie against the Government, the Commission or any Autonomous Board or a State Medical Council or anyCommittee thereof, or any officer or other employee of the Government or of the Commission actingunder this Act for anything which is in good faith done or intended to be done under this Act or the rulesor regulations made thereunder.

No Court shall take cognizance of an offence punishable under thisAct except upon a complaint in writing made in this behalf by an officer authorised by the Commission orthe Ethics and Registration Board or a State Medical Council for Indian System of Medicine, as the casemay be.

(1) If, at any time, the CentralGovernment is of opinion that--

(a) the Commission is unable to discharge the functions and duties imposed on it by or under theprovisions of this Act; or

(b) the Commission has persistently made default in complying with any direction issued by theCentral Government under this Act or in the discharge of the functions and duties imposed on it by orunder the provisions of this Act,

the Central Government may, by notification, supersede the Commission for such period, not exceedingsix months, as may be specified in the notification:

Provided that before issuing a notification under this sub-section, the Central Government shall give areasonable opportunity to the Commission to show cause as to why it should not be superseded and shallconsider the explanations and objections, if any, of the Commission.

(2) Upon the publication of a notification under sub-section (1) superseding the Commission,--

(a) all the Members shall, as from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, beexercised or discharged by or on behalf of the Commission, shall until the Commission isre-constituted under sub-section (3), be exercised and discharged by such person or persons as theCentral Government may direct;

(c) all property owned or controlled by the Commission shall, until the Commission isre-constituted under sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified by the notification issued undersub-section (1), the Central Government may,--

(a) extend the period of supersession for such further term not exceeding six months, as it mayconsider necessary; or

(b) re-constitute the Commission by fresh appointment and in such case the Members whovacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified forappointment:

Provided that the Central Government may, at any time before the expiration of the period ofsupersession, whether as originally specified under sub-section (1) or as extended under thissub-section, take action under clause (b) of this sub-section.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report ofany action taken under this section and the circumstances leading to such action to be laid before bothHouses of Parliament at the earliest opportunity.

(1) There shall be a joint sitting of the Commission, the National Commission forHomoeopathy, and the National Medical Commission, at least once a year, at such time and place as theymutually appoint, to enhance the interface between Indian System of Medicine, Homoeopathy andmodern system of medicine.

(2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of theCommissions concerned.

(3) The joint sitting may, by an affirmative vote of all members present and voting, decide onapproving specific educational and medical modules or programme that could be introduced in theunder-graduate and post-graduate courses across medical systems, and promote medical pluralism.

Every State Government may, for the purposesof addressing or promoting public health, take necessary measures to enhance the capacity of thehealthcare professionals.

(1) The Central Government may, by notification in the Official Gazette,make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the foregoing power, such rules may provide for all or anyof the following matters, namely:--

(a) the manner of appointing ten Members of the Commission on rotational basis from amongstthe nominees of the States and Union territories in the Advisory Council under clause (b) ofsub-section (4) of section 4;

(b) the manner of appointing members under clause (c) of sub-section (4) of section 4;

(c) the manner of nominating one expert by the Central Government under clause (d) ofsub-section (1) of section 5;

(d) the salary and allowances payable to, and other terms and conditions of service of, theChairperson and Members under sub-section (4) of section 6;

(e) the form and the manner of making declaration under sub-section (6) of section 6;

(f) the qualifications and experience to be possessed by Secretary under sub-section (2) ofsection 8;

(g) the salaries and allowances payable to, and other terms and conditions of the Secretary,officers and other employees of the Commission under sub-section (6) of section 8;

(h) the other powers to be exercised and other functions to be performed by the Commissionunder clause (j) of sub-section (1) of section 10;

(i) the salary and allowances payable to, and other terms and conditions of service of, thePresident and Members of an Autonomous Board under sub-section (2) of section 21;

(j) the other factors under clause (d) of section 30.

(k) the manner of submitting a list of practitioners under the first proviso to sub-section (1) ofsection 34;

(l) the form for preparing annual statement of accounts under sub-section (1) of section 41;

(m) the time within which, and the form and the manner in which, the reports and statements shallbe furnished by the Commission and the particulars with regard to any matter as may be required bythe Central Government under sub-section (1) of section 42;

(n) the form and the time for preparing annual report under sub-section (2) of section 42;

(o) the compensation for the premature termination of employment under the second proviso tosub-section (3) of section 58;

(p) any other matter in respect of which provision is to be made by rules.

(1) The Commission may, by notification, make regulationsconsistent with this Act and the rules made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations mayprovide for all or any of the following matters, namely:--

(a) the functions to be discharged by the Secretary of the Commission under sub-section (4) ofsection 8;

(b) the procedure in accordance with which experts and professionals may be engaged and thenumber of such experts and professionals under sub-section (7) of section 8;

(c) the procedure to be followed at the meetings of Commission, including the quorum at itsmeetings under sub-section (3) of section 9;

(d) the quality and standards to be maintained in education of Indian System of Medicine underclause (a) of sub-section (1) of section 10;

(e) the manner of regulating medical institutions, medical researches and medical professionalsunder clause (b) of sub-section (1) of section 10;

(f) the manner of functioning of the Commission, the Autonomous Boards and the State MedicalCouncils under clause (d) of sub-section (1) of section 10;

(g) the procedure to be followed at the meetings of the Medical Advisory Council, including thequorum at its meetings under sub-section (3) of section 13;

(h) the other languages in which, the designated authority through which, and the manner inwhich the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section14;

(i) the manner of conducting common counselling by the designated authority for admission tomedical institutions under sub-section (3) of section 14;

(j) the manner of admission of students to undergraduate courses under sub-section (4) of section14;

(k) the other languages in which, the designated authority through which, and the manner inwhich, the National Exit Test shall be conducted under sub-section (2) of section 15;

(l) the manner in which a person with foreign medical qualification shall qualify National ExistTest under sub-section (4) of section 15;

(m) the other languages in which, the designated authority through which, and the manner inwhich admission to postgraduate courses shall be conducted under sub-section (2) of section 16;

(n) the manner of conducting common counselling by the designated authority for admission tothe postgraduate seats in all medical institutions under sub-section (3) of section 16;

(o) the manner of conducting the National Teachersu2019 Eligibility Test for Indian System ofMedicine and the designated authority through whom such test shall be conducted under sub-section(2) of section 17;

(p) the number of, and the manner in which, experts, professionals, officers and other employeesshall be made available by the Commission to the Autonomous Boards under section 23;

(q) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2)of section 24;

(r) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) ofsection 26;

(s) the manner of imparting undergraduate, postgraduate and super-speciality courses inAyurveda, Unani, Siddha and Sowa-Rigpa under clause (c) of sub-section (1) of section 26;

(t) the minimum requirements and standards for conducting courses and examinations in medicalinstitutions under clause (d) of sub-section (1) of section 26;

(u) the standards and norms for infrastructure, faculty and quality of education and research inmedical institutions of Indian System of Medicine under clause (e) of sub-section (1) of section 26;

(v) the manner of regulating professional conduct and promoting medical ethics under clause (b)of sub-section (1) of section 27;

(w) the procedure for assessment and rating of the medical institutions under clause (a) ofsub-section (1) of section 28;

(x) the manner of carrying out inspections of medical institutions for assessing and rating underclause (c) of sub-section (1) of section 28;

(y) the manner of conducting, and the manner of empanelling independent rating agencies toconduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28;

(z) the manner of making available on website or in public domain the assessment and ratings ofmedical institutions under clause (e) of sub-section (1) of section 28;

(za) the measures to be taken against a medical institution for failure to maintain the minimumessential standards under clause (f) of sub-section (1) of section 28;

(zb) the form of scheme, the particulars thereof, the fee to be accompanied and the manner ofsubmitting scheme for establishing new medical college under sub-section (2) of section 29;

(zc) the manner of preferring an appeal to the Commission for approval of the scheme undersub-section (5) of section 29;

(zd) the areas in respect of which criteria may be relaxed under the proviso to section 30;

(ze) the manner of taking disciplinary action by a State Medical Council for professional orethical misconduct of registered medical practitioner and the procedure for receiving complaints andgrievances by the Board of Ethics and Registration for Indian System of Medicine, undersub-section (2) of section 31;

(zf) the act of commission or omission which amounts to professional or ethical misconduct underclause (b) of the Explanation to section 31;

(zg) other particulars to be contained in a National Register under sub-section (1) of section 32;

(zh) the form, including the electronic form and the manner of maintaining the National Registerunder sub-section (2) of section 32;

(zi) the manner in which any name or qualification may be added to, or removed from, theNational Register and the grounds for removal thereof, under sub-section (3) of section 32;

(zj) the manner of entering the title, diploma or qualification in the State Register or the NationalRegister under sub-section (3) of section 33;

(zk) the manner in which, and the period for which temporary registration may be permitted to aforeign citizen under the second proviso to sub-section (1) of section 34;

(zl) the manner of listing and maintaining medical qualifications granted by a University ormedical institution in India under sub-section (1) of section 35;

(zm) the manner of examining the application for grant of recognition under sub-section (3) ofsection 35;

(zn) the manner of preferring an appeal to the Commission for grant of recognition undersub-section (5) of section 35;

(zo) the manner of including a medical qualification in the list maintained by the Board undersub-section (6) of section 35;

(zp) the manner in which the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpashall list and maintain the medical qualifications which have been granted recognition before the dateof commencement of this Act, under sub-section (8) of section 35;

(zq) the manner in which the Commission shall list and maintain the medical qualifications whichhave been granted recognition before the date of commencement of this Act, under sub-section (4) ofsection 36.

Every rule and every regulation madeunder this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while itis in session, for a total period of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediately following the session or thesuccessive sessions aforesaid, both Houses agree in making any modification in the rule or regulation orboth Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafterhave effect only in such modified form or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of anything previously done underthat rule or regulation.

(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order published in the Official Gazette, make such provisionsnot inconsistent with the provisions of this Act as may appear to it be necessary, for the removing thedifficulty:

Provided that no order shall be made under this section after the expiry of a period of two years fromthe commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before eachhouse of Parliament.

(1) With effect from such date as the Central Government may, bynotification, appoint in this behalf, the Indian Medicine Central Council Act, 1970 (48 of 1970) shallstand repealed and the Central Council of Indian Medicine constituted under section 3 of the said Actshall stand dissolved.

(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,--

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act sorepealed;

(c) any penalty incurred in respect of any contravention under the Act so repealed; or

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penaltyas aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and anysuch penalty may be imposed as if that Act had not been repealed.

(3) On the dissolution of the Central Council of Indian Medicine, the person appointed as theChairman of that Council and every other person appointed as the Member and any officer and otheremployees of the Council and holding office as such immediately before such dissolution shall vacatetheir respective offices and such Chairman and other Members shall be entitled to claim compensation notexceeding three months' pay and allowances for the premature termination of term of their office or ofany contract of service:

Provided that any officer or other employee who has been, immediately before the dissolution of theCentral Council of Indian Medicine appointed on deputation basis to the Central Council of IndianMedicine, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as thecase may be:

Provided further that any officer, expert, professional or other employee who has been, immediatelybefore the dissolution of the Central Council of Indian Medicine employed on regular basis or oncontractual basis by the Council, shall cease to be such officer, expert, professional or other employees ofthe Central Council and shall be entitled to such compensation for the premature termination of hisemployment, which shall not be less than three months pay and allowances, as may be prescribed.

(4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practiceissued, any registration made, any permission to start new medical institution or to start higher course ofstudies or to increase in the admission capacity granted, any recognition of medical qualifications granted,under the Indian Medicine Central Council Act, 1970 (48 of 970) which are in force as on the date ofcommencement of this Act shall continue to be in force till the date of their expiry for all purposes, as ifthey had been issued or granted under the provisions of this Act or the rules or regulations madethereunder.

1[(5) Notwithstanding the expiration of the period for reconstitution of the Central Council under section 3A of the Indian Medicine Central Council Act, 1970 (48 of 1970), as inserted by the Indian Medicine Central Council (Amendment) Act, 2020 (25 of 2020), all acts done by the Board of Governors constituted under sub-section (4) of that section and all the powers and functions of the Central Council exercised and performed by it under the repealed Act, as amended by the Indian Medicine Central Council (Amendment) Ordinance, 2021 (Ord. 5 of 2021), immediately before the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.]

1. Ins. by Act 38 of 2021, s. 2 (w.e.f. 18-8-2021).

(1) The Commission shall be the successor in interest to the CentralCouncil of Indian Medicine including its subsidiaries or owned trusts and all the assets and liabilities ofthe Central Council of Indian Medicine shall be deemed to have been transferred to the Commission.

(2) Notwithstanding the repeal of the Indian Medicine Central Council Act, 1970 (48 of 1970), theMedical standards, requirements and other provisions of the Indian Medicine Central Council Act, 1970and the rules and regulations made thereunder shall continue to be in force and operate till new standardsor requirements are specified under this Act or the rules and regulations made thereunder:

Provided that anything done or any action taken as regards the medical standards and requirementsunder the enactment under repeal and the rules and regulations made thereunder shall be deemed to havebeen done or taken under the corresponding provision of this Act and shall continue in force accordinglyunless and until superseded by anything or by any action taken under this Act.

(3) The Central Government may take such appropriate measure as may be necessary for smoothtransition of the dissolved Central Council of Indian Medicine to the corresponding to new Commissionunder this Act.