Maharashtra act 014 of 2020 : The National Commission for Indian System of Medicine Act 2020

THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF

MEDICINE ACT, 2020

NO. 14 OF 2020

[20th September, 2020.] An Act to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals of Indian System of Medicine in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of such medical professionals accessible and affordable to all the citizens; that promotes national health goals; that encourages such medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register of Indian System of Medicine for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto.

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EXTRAORDINARY

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PUBLISHED BY AUTHORITY

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No. 39] NEW DELHI, MONDAY, SEPTEMBER 21, 2020/BHADRA 30, 1942 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st September, 2020/Bhadra 30, 1942 (Saka) The following Act of Parliament received the assent of the President on the 20th September, 2020 and is hereby published for general information:— jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—20

REGISTERED NO. DL—(N)04/0007/2003—20 xxxGIDHxxx

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Uarest Po Se Wete—(TA)04/ / 20 I ERED NO. L—(N)04/0 7/20 3 20 The Gazette of Gudia

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ORDINARY

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LI ED Y THORITY

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INISTRY F ND TICE

egislative epartment) ew elhi, the 21st ptember, 0/ hadra 30, 1 42 ka) he o ing ct f rl ent i ed e ent f e r sident n e th ptember, 20 d is r by bli ed r neral n o m t o —

E TI NAL MMIS ION R N I N EM F

EDICINE CT, 20

o. 1 oF 20 (20th ptember, 20.] n ct to vide for a edical ucation that mproves ces to uality d able edical ucation, sures ailability of quate d i h uality edical r fessionals of ian st of edicine in all arts of the untry; at otes uitable d iversal alt care at ourages munity ealth rspective d akes ices of h edical fessionals ces ible d able to all the ns; that otes ati nal ealth oals; that ourages ch edical r fessionals to opt latest edical rch in eir ork d to ntribute to arch; at as n jective eri dic d ra arent ent of edical t ns d cilit tes aintenance of a edical ister of i n s of edicine for dia d forces i h ical a ards in all ects of edical ices; that is i le to apt to the nging eds d as cti e nce res al echanis d for atters

nected h ith or i ental t .

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

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

(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:

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

2. 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;

(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 of Medicine appointed under section 5;

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

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

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

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

(j) "Medical Assessment and Rating Board for Indian System of Medicine"

means the Board constituted 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 be Universities;

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

(m) "National Register" means a National Medical Register for Indian System of Medicine maintained 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; Definitions.

Short title,

extent and

commencement.

hort title,

tent d

mencement.

efinitions.

2 E ZET E F N IA ORDINARY Parr E it acted by ar ent in the eventy-first ear of the epublic of India as low —

APTER I

ELI I ARY

1. (J) This ct ay be called the ational ommission for ian st of edicine ct, 20.

(2) It t nds to the hole of India.

(3) It shall e into force on such date as the entral overnment ay, by notification in e f icial azette, point:

r vided that different dates ay be ointed for different visions of this ct and y ce in y ch vision to e mencement f this ct al e nstr ed as a ce to the ing into force of that vision.

2. In this ct, nles e ntext r ise —

(a) ut mous oard" eans any of the ut mous oards nstit ted der section 18;

(b) oard of yurveda" eans the oard nstit ted der section 18;

(d) oard f nani, ha d a-Rigpa" eans e oard nstit ted der section 18;

(e) hairperson" eans e hairperson f e ational ommission r ian st of edicine ointed der section 5;

(f) ommission" eans e ational ommission r ian st f edicine nstit ted der section 3;

(g) ouncil" eans e dvisory ouncil r ian st f edicine nstit ted der ti n 11;

(h) dian st of edicine" eans the shtang yurveda, nani, ha d a-Rigpa st s of edicine l ented by ch odern vances, scientific d ological ent as the ommission ay, in nsultation with e entral overnment, clare y otif ati n o me to me;

(i) c ce" eans a licence to practice any of the ian st of edicine nted der -section (/) of section 33;

(j) edical ssess ent d ating oard r ian st f edicine"

eans the oard nstit ted der section 18;

(k) edical t n" eans y t t n ithin or utside dia hich, grants egre s, as or c ces in ian st of edicine d des affiliated ll ges d ed to be niversit es;

(1) ember"? eans a ember of the ommission referred to in section 4 and n des the hairperson thereof;

(m) ational egister' eans a ational edical egister for ian st of edicine aintained by the oard of Ethics d egistrati n for ian st of edicine der section 32;

(n) otifi ati n" eans a notification bli ed in the Official azette and the pres ion otify" shall be nstr ed ordingly;

(0) r scri ed" eans cri ed by rules ade der this Act;

(p) resident" eans e r si ent f n ut mous oard ointed der ti n 0;

(q) ulati ns" eans the ulati ns ade by the ommission der this ct;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

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

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

CHAPTER II

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE

3. (1) The Central Government shall, by notification, constitute a Commission, to be known as the National Commission for Indian System of Medicine, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, 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.

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

(a) a Chairperson;

(b) fifteen ex officio Members; and

(2) The Chairperson shall be a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any of the disciplines of Indian System of Medicine from a recognised University and having experience of not less than twenty years in any field of Indian System of Medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and 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 the Commission, namely:—

(a) the President of the Board of Ayurveda;

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

(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 and Advisor (Unani) or Joint Secretary to the Government of India in-charge of Unani, in the Ministry of AYUSH;

(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. Constitution

of National

Commission

for Indian

System of

Medicine.

3 of 1956.

Composition

Commission.

3 of 1956.

ec. 1] E ZET E F N IA ORDINARY 3

(r) "State edical ouncil" eans a State edical ouncil of ian st of edicine nstit ted der y r e me ei g in rce in y tate or nion territory for ulati g the practice and registration of r ctit ners of ian st f edicine in at tate or nion i ry;

(s) tate egister" eans a tate egister r ian st f edicine aintained der any law for the time ei g in force in any State or nion territory for registration of r ctit ners of ian st of edicine;

(t) niversity" al ve e e eaning as ed to it in se (f) f section 2 of the niversity rants ommission Act, 1 56 and includes a health university.

ATIONAL OM IS ION R I N STEM F EDICINE

3. (1) he entral overnment all, y otifi ation, nstitute a ommission, to e n as the ational ommission for ian st of edicine, to ercise the wers nfer ed on, and to r the cti ns ed to it, der this Act.

(2) he ommission shall be a dy rporate by the e aforesaid, ving erpetual ces ion and a mon seal, with wer, subject to the visions of this Act, to acquire, hold and ose of property, both ovable and mmovable, and to contract, and shall, by the said e, sue or be sued.

(3) he ad ffice f e ommission al e at ew elhi.

4. (1) he ommission al nsist f e o ing rsons, el —

(a) a hairperson;

(b) fifteen ex officio embers; and

(2) he hairperson shall be a rson of t ding ability, ven ministrative pacity d t grity, sses ing a st raduate gre in y f e i i li es f ian st of edicine o a gnised niversity and ving perience of not less than enty years in any field of ian st of edicine, out of hich at least ten years shall be as a leader in the area of alt care delivery, th and ent of ian st of edicine or its ucation.

(3) he o ing rsons al e pointed y e entral overnment as x ff io embers of the ommission, el

(a) the resi ent of the oard of yurveda;

(b) the r si ent of the oard of nani, ha and wa-Rigpa;

(d) the r si ent of the oard of Ethics d egistration for ian st of edicine;

(e) dvisor urveda) or int ecretary to e overnment f dia arge of yurveda d dvisor nani) or Joint ecretary to the overnment of India n arge f nani, in e inistry f USH;

(f) the Director, All India Institute of yurveda, ew Delhi;

(g) e irector eneral, entral ouncil r esearch in yurvedic ciences, ew elhi;

(h) the irector eneral, entral ouncil for esearch in nani edicine, ew elhi;

(i) e irector eneral, entral ouncil r esearch in i dha, hen ai;

(j) the Director, ational Institute of i dha, hen ai;

(k) the Director, ational Institute of nani, engaluru;

(J) e irector, orth astern stit te n yurveda d omoeopathy, hill ng;

(m) the Director, Institute of Post raduate aching and esearch in yurveda, nagar; and

(n) the Director, ational Institute of yurveda, Jaipur. onstitution

of ational

ommission

for ian

st of

edicine.

omposit on

ommis ion.

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

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

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

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

Provided that no Member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or non-government 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 a Department or the Head of an Organisation.

5. (1) The Central Government shall appoint the Chairperson, referred to in section 4 and the President of the Autonomous Boards 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-five years in any of the fields of Indian System of Medicine, to be nominated by the Central Government—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-five years in the field of Sanskrit, Urdu, Tamil, health research, management, law, economics or science and 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 the Convenor—Member:

Provided that for selection of part-time Members of the Commission referred to in clause (a) of sub-section (4) of section 4, the Secretary referred to in section 8 and other Members of the Autonomous Boards 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 Convenor-Member 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 three months before the end of tenure of the Chairperson or Member, make a reference to the Search Committee for filling up of the vacancy.

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

(4) Before recommending any person for appointment as the Chairperson or a Member of the Commission, the Search Committee shall satisfy itself that such person does not have any financial or other 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 vacancy or absence of a Member in the Search Committee. Search

Committee

for

appointment

Chairperson

and Members.

earch

ommitte

for

oint ent

hairperson

d embers.

4 E ZET E F N IA ORDINARY Parr

(4) he o ing rsons al e pointed y e entral overnment as art e embers of the ommission, el

(a) four embers to be pointed o ongst rsons of ability, integrity and ding, ho ve ecial wledge d fessional perience in y f e i li es f ian st f edicine, anskrit, rdu, amil, anagement, , health research, ce and e ol gy and nomics;

(b) ten embers to be pointed on rotational basis o ongst the ine s f e tates d nion ries in e dvisory ouncil for ian st f edicine for a of o years in ch an er as ay be scribed;

(c) six embers yurveda, one ember ch i dha, nani and wa-Rigpa, to be pointed o ongst the ine s of the States and nion i ries, der se (d) f -section (2) f ti n 11, in e dvisory ouncil r ian st f edicine, r a f o ears in ch an er as ay e r scribed:

r vided at o ember al er self or h gh y f his ily embers, directly or indirectly, n or be ciated with or ve any ali gs with the anaging dy of a private or - ver ment edical institution hich is ulated der this Act. xpl at —For the rpose of this section and section 19, the er" eans the ead of a epart ent or the ead of an rganisation.

5. (1) he entral overnment shall point the hairperson, referred to in section 4 and the resident of the ut mous oards referred to in section 20 on the mendation f a earch ommitte nsisti g f

(a) the abinet y Chairperson;

(b) o perts, sses ing t ding ualifi ati ns d perience f ot less than enty-five years in any of the fields of ian st of edicine, to be inated by the entral ove ent Members;

(c) ne pert, ongst the embers rred to in se (c) of -section (4) f ti n 4, to e inated y e entral overnment in ch an er as ay be cribed— ember;

(d) one erson, sses ing t ding ualifi ati ns and perience of not ss n enty-five ears in e ld f anskrit, rdu, amil, ealth arch, anagement, law, omics or science and ology, to be inated by the entral ove e Member;

(e) e ecretary to e overnment f dia in arge f e inistry f USH, to e e Member:

r vided that for selection of rt me embers of the ommission referred to in clause (a) of -section (4) of section 4, the ecretary referred to in section 8 and other embers of the ut omous oards referred to in section 20, the earch ommitte shall consist of embers specified in the clauses (b) to (d) and Joint ecretary to the overnment f dia in e inistry f USH as onvenor ember d aired y ecretary to e overnment f dia in arge f e inistry f USH.

(2) he entral overnment all, ithin ne onth o e ate f cur ence f y cancy, ing by n of death, ati n or oval of the hairperson or a ember, or ithin three onths efore the end of tenure of the hairperson or ember, ake a ce to the arch ommitte for filling up of the cancy.

(3) he arch ommitte shall com end a anel of at least three es for ery ancy referred to it.

(4) efore co mending y rson r oi t ent as e hairperson or a ember of the ommission, the arch ommitte shall satisfy itself that such rson es not ve y ncial or t er t rest hich is ly to ct r j dicial y his cti ns as ch hairperson or ember.

(5) o oi t ent f e hairperson or ember al e alid erely y n f any ancy or nce of a ember in the earch ommittee.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

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

6. (1) The Chairperson and Members (other than ex officio Members) and Members appointed under clause (b) of sub- section (4) of section 4 shall hold office for a term not exceeding four years and shall not 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 term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member.

(3) Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion 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 Chairperson and 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 Central Government; 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 to continue 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 and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional 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 two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private Medical institution of Indian System of Medicine or, whose matter has been dealt with by such Chairperson or Member, directly or indirectly:

Provided that nothing contained herein shall be construed as preventing such person from accepting an 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 Chairperson or a Member to accept any employment in any capacity, including as a consultant or an expert, in any private Medical institution of Indian System of Medicine, whose matter has been dealt with by such Chairperson or Member.

7. (1) The Central Government may, by order, 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, involves moral turpitude; or

Term of

office and

conditions of

service of

Chairperson

and Members.

Removal of

Chairperson

and Members

Commission.

ec. 1] E ZET E F N IA ORDINARY 5

(6) ubject to the visions of -sections (2) to (5), the earch ommitte ay ulate its n cedure.

6. (1) he hairperson and embers (other than ex officio embers) d embers ointed der se (b) f b- ti n (4) f ti n 4 al old ffi e r a ot eeding four years d shall not be eligible for any t sion or ointment:

r vided that ch rson shall ase to hold office after attaining the age of enty years.

(2) he f ffice f n x ff io ember al nti ue as g as e olds e office by virtue of hich he is ch ember.

(3) here a ember, other than an ex officio ember, is sent o three nsecutive i ary e tings f e ommission d e use f ch nce is ot b t ble to y alid on in e i ion f e ommission, ch ember al e ed to ve cated the seat.

(4) he salary d owances yable to and other s d nditions of service of the hairperson and ember, other than an ex officio ember, shall be such as ay be r scribed.

(5) he hairperson or a ember ay,—

(a) uish is ffice y i i g in riti g a otice f ot ss n ee onths to e entral overnment; or

(b) be oved o his office in r ance with the visions of section 7:

r vided that ch rson ay be ed duties earlier than three onths or o ed to nti ue ond three onths until a ces or is pointed, if the entral overnment so decides.

(6) he hairperson d ery ember f e ommission al ake claration f is sets d ilities at e me f t ri g on is ffice d at e me f mit ing is ffice d o eclare is fessional d mercial ement or n l ement, in ch d an er as ay be r scribed, d ch clarati n shall be bli ed on the ebsite f e ommission.

(7) he hairperson or a ember, asi g to old ffi e as ch, al ot cept, r a eri d of o years o the date of mit ing such office, any ployment, in any capacity, n ing as a nsultant or an expert, in any private edical institution of ian st of edicine or, hose at er has en dealt with by ch hairperson or ember, directly or irectly:

r vided that thing ntai ed erein shall be nstr ed as enting such rson o epting an ployment in a dy or institution ing edical institution of ian st f edicine, ntrol ed or aintained y e entral overnment or a tate overnment.

(8) othing in -section (7) al vent e entral overnment rmit ing the hairperson or a ember to cept any ployment in any capacity, ing as a nsultant or n pert, in y ri ate edical t t n f ian st f edicine, hose at er has en dealt with by ch hairperson or ember.

7. (1) he entral overnment ay, by order, ove o office, the hairperson or any other ember,

(a) as en ged n lvent; or

(b) as een nvicted f n ce hich, in e i ion f e entral overnment, olves oral turpitude; or

er of

office d

nditions of

ice of

hairperson

d embers.

emoval of

hairperson

and embers

ommis ion.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(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 as a 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 been given a reasonable opportunity of being heard in the matter.

8. (1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed 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 and integrity, 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 shall not be eligible for any extension or re-appointment.

(4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission 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 this Act.

(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, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of Indian System of Medicine, and experience in fields including medical education in Indian System of Medicine, public health, management, economics, accreditation, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the Commission in the discharge of its functions under this Act.

9. (1) The Commission shall meet at least once every quarter at such time 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, the Chairperson is unable to attend a meeting of the Commission, any Member being the President of the Autonomous 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 by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute 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 President of 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 shall vest 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.

Appointment

of Secretary,

experts,

professionals,

officers and

other

employees of

Commission.

Meetings of

Commission.

ppointment

of ecretary,

perts,

fes ionals,

officers d

t er

ploye s of

ommission.

e tings of

ommission.

6 E ZET E F N IA ORDINARY Parr

(d) is of und ind and stands so clared by a petent court; or

(e) as uired ch ncial or t er t rest as is ly to fect r j dicial y is cti ns as a ember; or

(f) as so sed his ositi n as to der his t ance in ffice r judicial to ublic t rest.

(2) o ember shall be oved der clauses (e) and (f) of -section (/) unless he has en en a nable portunity of eing ard in the matter.

8. (/) here al e a ecretariat r e ommission to e ded y a ecretary, to e pointed by the entral overnment in r ance with the visions of section 5.

(2) he ecretary of the ommission shall be a rson of ven ministrative acity and integrity, sses ing such alifi ati ns and perience as ay be r scribed.

(3) he ecretary shall be ointed by the entral overnment for a of four years and he shall not be eligible for any t sion or ointment.

(4) he ecretary shall arge ch cti ns of the ommission as are ed to by the ommission and as ay be specified by ulati ns ade der this Act.

(5) he ommission ay point ch officers and other ploye s, as it nsiders ces ary, ainst e osts ated y e entral overnment r e i nt arge f its cti ns der this Act.

(6) he salaries and o ances yable to, and other s and nditions of service of the Secretary, officers and other ploye s of the ommission shall be ch as ay be r scribed.

(7) he ommission ay gage, in r ance ith e cedure ecified y ulations, ch ber of perts and fessionals of integrity and t ding ability, ho ve ecial wledge f ian st f edicine, d peri nce in s n ing edical ucation in ian st of edicine, public health, anagement, nomics, creditation, patient ocacy, health arch, ce and nology, ministration, finance, ounts or law as it s ces ary, to assist the ommission in the arge of its cti ns der this Act.

9. (1) he ommission shall e t at least ce ery quarter at ch time and place as ay be ointed by the hairperson.

(2) he hairperson shall r side at the e ting of the ommission and if, for any son, e hairperson is able to d a e ting f e ommission, y ember i g the r si ent of the ut mous oards, inated by the hairperson shall r side at the e ting.

(3) nles the edure to be o ed at the e tings of the ommission is r ise vided y ulations, e-half f e tal ber f embers f e ommission n ing the hairperson shall constitute the r and all cisi ns of the ommission shall be taken by a ajority of the embers, r sent and oti g and in the ent of uality of votes, the hairperson or in his sence, the r si ent of the ut omous oard minated der -section (2), shall ve the casting vote.

(4) he neral eri t dence, direction and control of the ministration of the ommission al est in e hairperson.

(5) o act or eeding f e ommission al e alid erely y on

(a) any ancy in, or any defect in the nstituti n of, the ommission; or

(b) any defect in the oi t ent of a rson acting as a hairperson or as a ember.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

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

10. (1) The Commission shall perform the following functions, namely:—

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

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

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

(d) frame guidelines and lay down policies by making such regulations as may be necessary for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of Indian 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 Councils of Indian System of Medicine of the guidelines framed and regulations made under this Act for their effective 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 conduct during the provision of care by medical practitioners;

(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be Universities which are governed under the provisions 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 Secretary and the Commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the Secretary.

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

CHAPTER III

A DVISORY COUNCIL FOR INDIAN SYSTEM OF MEDICINE

11. (1) The Central Government shall, by notification, constitute an advisory body to be known as the Advisory Council 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 State Government, and one member to represent each Union territory, who is the Vice-chancellor of a University in that Union territory, possessing qualifications in the Indian System of Medicine, to be nominated by the Ministry of Home Affairs in the Government of India:

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

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

Power and

functions of

Commission.

Constitution

and

composition

of Advisory

Council for

Indian System

of Medicine.

ec. 1] E ZET E F N IA ORDINARY 7

(6) rson ho is ri ed by any cisi n of the ommission, cept the cisi n ered der -section (4) of section 31, ay prefer an peal to the entral overnment against ch cisi n ithin fifteen ys of the munication of ch decision.

0. (1) he ommission al e o ing ctions, el

(a) y n olicies r aintaining a i h uality d i h a ards in ucation f ian st f edicine d ake ces ary ulati ns in this ehalf;

(b) lay n policies for ulati g edical institutions, edical rches d edical fessionals d ake ces ary ulati ns in this behalf;

(d) e idelines d y n olicies y aking ch ulati ns as ay be ces ary for the per ct ning of the ommission, the ut mous oards d e tate edical ouncils f ian st f edicine;

(e) sure ordination ong the ut omous oards;

(f) take ch easures, as ay be ces ary, to sure pliance by the State edical ouncils of Indian st of edicine of the idelines a ed and ulati ns ade der this ct r eir cti e ct ning der this ct;

(g) ercise pel ate ri icti n with ect to cisi ns of the ut mous oards;

(A) sure ser ance of r fessional ethics in edical fession and to ote ethical duct ri g the vision of care by edical practitioners;

(i) e idelines r ination f es d all t er arges in ect f fifty per cent. of seats in private edical institutions d ed to be niversities hich are verned der the visions of this Act;

(j) exercise such other wers and such other functions as ay be prescribed.

(2) l ers d cisi ns f e ommission al e t enticated y ature f the ecretary and the ommission ay l gate ch of its wers on ministrative and n ncial atters, as it s fit, to e ecretary.

(3) he ommission ay nstitute mitte s d l gate ch f its wers to h as ay be ces ary to able h to mplish specific tasks.

APTER

DVISORY OUNCIL R I N STEM F EDICINE

11. (1) he entral overnment all, y otifi ation, nstitute n visory dy to be n as the dvisory ouncil for ian st of edicine.

(2) he ouncil shall consist of a hairperson d the o ing embers, el

(a) the hairperson of the ommission shall be the ex officio hairperson of the ouncil;

(b) ery ember of the ommission shall be ex officio ember of the ouncil;

(c) one ember, to resent each State, ho is the i - hancellor of a niversity in that State, sses ing qualifications in the Indian st of edicine, to be inated by that State overnment, d one ember to resent ch nion territory, ho is the i e-chancellor of a niversity in that nion territory, sses ing alifi ati ns in e ian st f edicine, to e minated y e inistry of ome f airs in e overnment of India:

r vided at here e i - hancellor sses ing alifi ati ns in e ian st of edicine is not ailable, a ean or a ead of aculty sses ing alifi ati ns in e ian st f edicine al e minated;

(d) one ember to resent ch State and ch nion territory o ongst elected embers of the State edical ouncil of ian st of edicine, to be inated by that State edical ouncil;

wer d

ctions of

ommission.

onstitution

and

position

of dvisory

ouncil for

ian st

of edicine.

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(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 the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institutes of Science.

12. (1) The Council shall be the primary 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 medical education, training, research and development.

(2) The Council shall advise the Commission on measures to determine and maintain, and to coordinate 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 medical education.

13. (1) The Council shall meet atleast 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 Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting.

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

CHAPTER IV

N ATIONAL EXAMINATION

14. (1) There shall be a uniform National Eligibility-cum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine in all medical institutions governed under this Act:

Provided that National Eligibility-cum-Entrance Test shall be exempted for students who have taken admission 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 such other languages, through such designated authority and in such manner, as may be specified by regulations.

(3) The Commission shall specify by regulations the manner of conducting common counselling by the 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 to undergraduate courses who are exempted under sub-section (1).

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

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

Functions of

Advisory

Council for

Indian System

of Medicine.

Meetings of

Advisory

Council for

Indian System

of Medicine.

National

Eligibility-

cum-Entrance

Test.

National Exit

Test.

unctions of

dvisory

ouncil for

ian st

of edicine.

e tings of

dvisory

ouncil for

ian st

of edicine.

ational

ligibility-

-Entrance

Test.

ational xit

Test.

8 E ZET E F N IA ORDINARY Parr

(e) e hair an, niversity rants ommission;

(f) the Director, ational ssess ent and c reditation ouncil;

(g) four embers to be inated by the entral overnment o ongst rsons lding e ost f irector in e ian stit tes f chnology, ian Institutes of anagement and the ian Institutes of cience.

2. (J) he ouncil al e e ary h gh hich e tates d nion territories ay put forth their s and ncerns before the ommission and help in ing the overall agenda, policy and action relating to edical education, training, research and el pment.

(2) he ouncil shall vise the ommission on easures to t ine and aintain, and to ordinate aintenance of, the i um a ards in all atters relating to edical ucation, training, arch and el pment.

(3) he ouncil al vise e ommission n easures to ance uitable ces to edical ucation.

13. (1) he ouncil shall e t atleast ice a year at ch time and place as ay be ci ed by the hairperson.

(2) he hairperson al r side at e e ting f e ouncil d if r y n the hairperson is able to attend a e ting of the ouncil, such other ember as inated by the hairperson shall r side over the e ting.

(3) nles the edure is r ise vi ed by ulations, e-half of the embers of the ouncil ing the hairperson shall the r and all acts of the ouncil shall be ci ed by a ajority of the embers r sent d voting.

APTER

ATIONAL XAMINATION

4. (7) here al e a i ational l ity-cum ntrance est r is ion to e dergraduate urses in ch f e i i li es f e ian st f edicine in all edical institutions verned der this Act:

r vided at ational l ity-cum ntrance est al e pted r ents ho ve en is ion n—

(i) re-tib r achelor f nani edicine d urgery; d

(ii) yurveda for achelor of yurvedic edicine d urgery.

(2) he ommission al duct e ational l ity-cum ntrance est in nglish d in ch other a uages, gh such si nated t ority d in ch an er, as ay be ecified by ulations.

(3) he ommission al ecify y ulati ns e an er f ducting mon unsel ing by the si nated thority for is ion to all the edical institutions verned der this ct:

r vided that the mon unsel ing shall be ducted by the si nated t ority —

(i) the entral overnment, for All India seats; and

(ii) the State overnment, for the aining seats at the State level.

(4) he ommission al ecify y ulati ns e an er f is ion f ents to dergraduate urses ho are pted der -section (/).

5. (J) common al ear dergraduate edical amination, to e n as e ational Exit Test, shall be held for nti g licence to practice as edical r ctit ner of ective i i li es of ian st of edicine and for r l ent in the State egister or ational egister, as e se ay e.

(2) he ommission al duct e ational xit est r ian st f edicine in nglish d in ch t er uages, gh ch si nated thority d in ch an er as ay be ecified by l t s.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(3) The National Exit Test shall become operational on such date, within three years from the date on which 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 the purpose of obtaining licence to practice as medical practitioner of Indian System of Medicine and for enrollment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulations.

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

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

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

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

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

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

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

CHAPTER V

A UTONOMOUS BOARDS

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

(a) the Board of Ayurveda;

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

(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 its functions under this Act in accordance with the regulations made by the Commission.

19. (1) The composition of the Autonomous Boards shall be as under, namely:--

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

(b) the Board of Unani, Siddha and Sowa-Rigpa shall consist of a President and two Members from 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 a President 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 Member represents each such discipline separately, and the remaining two Members shall be accreditation experts; Post-Graduate

National

Entrance Test.

National

Teachers '

Eligibility Test

for Indian

System of

Medicine.

Constitution

Autonomous

Boards.

Composition

Autonomous

Boards.

ec. 1] E ZET E F N IA ORDINARY 9

(3) he ational xit est al e erational n ch ate, ithin ee ears o the date on hich this ct es into force, as ay be pointed by the entral overnment, by notification.

(4) ny rson ith a i n edical alifi ati n al ve to ualify ti nal xist Test for the rpose of t i ing licence to practice as edical r ctit ner of ian st f edicine d r r l ent in e tate egister or e ational egister, as e se ay be, in such an er as ay be ecified by ulations.

6. (1) unifor st raduate ational ntrance est al e ducted arately r is ion to st raduate urses in ch i ipline f e ian st f edicine in all edical t t ns verned der this ct.

(2) he ommission al nduct e ational ntrance est r is ion to st raduate urses in nglish d in ch other a uages, gh ch si nated t ority and in ch an er, as ay be ecified by ulations.

(3) he ommission al ecify y ulati ns e an er f ducting mon unsel ing by the si nated thority for is ion to the st raduate seats in all edical institutions verned der this Act.

7. (1) ational eachers' ligibility est al e ducted arately r e st raduates of ch discipline of ian st of edicine ho desire to take up ing fession in that discipline.

(2) he ommission al nduct e ational eachers' ligibility est r ian st of edicine gh ch si nated thority d in ch an er as ay be ecified by ulations.

(3) he ational eachers' ligibility est r ian st f edicine al e erational on such date, ithin three years o the date on hich this ct es into force, as ay be notified by the entral overnment:

r vided that t ing ntai ed in this section shall ply to the hers ointed prior to the date notified der -section (3).

APTER

UTONOMOUS OARDS

18. (1) he entral overnment shall, by otifi ation, nstitute the o ing ut omous oards, der e verall ervision f e ommission, to e cti ns ed to ch oards der this Act, el

(a) the oard of yurveda;

(b) the oard of nani, ha and wa-Rigpa;

(d) the oard of Ethics d egistration for ian st of edicine.

(2) ach oard referred to in -section (/) shall be an ous dy hich shall carry out its cti ns der this ct in r ance ith the ulations ade by the ommission.

19. (1) he position of the ut mous oards shall be as under, el —

(a) e oard f yurveda al nsist f a r si ent d ur embers e yurveda i i line f ian st f edicine;

(b) the oard of nani, ha d a-Rigpa shall consist of a r si ent and o embers ch f e nani, ha d a-Rigpa i li es f ian st f edicine;

r vided that the resident and six out of eight embers shall be osen e yurveda, i dha, a-Rigpa d nani i i li es f ian st f edicine in ch an er that at least ne ember resents ch such discipline separately, d e aining o embers al e reditati n perts;

st raduate

ational

ntrance Test.

ational

Teachers'

ligibility Test

for ian

st of

edicine.

onstitution

ut omous

oards.

omposit on

ut omous

oards.

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

(2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shall be persons of outstanding ability, proven administrative capacity and integrity, possessing postgraduate degree in respective disciplines from a recognised University and having experience of not less than fifteen 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 of Medicine shall be in the area of health, growth and development of education in Indian System of Medicine.

20. The Central Government shall appoint the President and Members of the Autonomous Boards on the basis of the recommendations made in accordance with the procedure specified in section 5 by the Search Committee constituted thereunder.

21. (1) The President and Members of each Autonomous Board shall hold the office for a term not exceeding four years and shall not 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 President and 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 terms and conditions of service of, and in section 7 relating to removal from office, the Chairperson and Members of the Commission shall also be applicable to the President and Members of the Autonomous Boards.

22. (1) Each Autonomous Board, except the Board of Ethics and Registration for Indian System of Medicine, shall be assisted by such advisory Committees of experts, as may be constituted by the Commission, for the efficient discharge of the functions of such Boards under this Act.

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

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

24. (1) Every Autonomous Board shall meet at least once a 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 Boards shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of the President and Members.

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

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

Committee

for

appointment

of President

and Members.

Term of office

and conditions

of service of

President and

Members.

Advisory

Committees

of experts.

Staff of

Autonomous

Boards.

Meetings, etc.,

Autonomous

Boards.

Delegation of

powers.

earch

ommitte

for

oint ent

of r sident

d embers.

r of ffice

d nditions

of service of

resident d

embers.

dvisory

ommitte s

of perts.

Staff of

ut omous

oards.

e tings, etc.,

ut omous

oards.

elegation of

powers.

1 E ZET E F N IA ORDINARY Parr

(d) e oard f thics d egistration r ian st f edicine al consist of a resident and eight embers:

r vided that the resident and six out of eight embers shall be osen the yurveda, i dha, a-Rigpa d nani i i li es f ian st f edicine in ch an er that at least one ember resents ch such discipline separately, and the aining o embers shall be osen o any of the disciplines of quality rance, public health, law or patient ocacy.

(2) he resident d embers f e ut omous oards to e osen der -section (/) shall be rsons of t ding ability, ven ministrative pacity and integrity, sses ing st raduate gre in ective i i lines a gnised niversity d ving peri nce f ot ss n n ears in ective lds, ut f hich at least en years shall be as a leader:

r vided at en ears as er in e se f e resident d ember o ian st f edicine al e in e a f ealth, th d ent f ucation in ian st f edicine.

20. he entral overnment shall point the resident d embers of the ut omous oards on the basis of the mendations ade in r ance with the edure specified in section 5 by the earch ommitte nstit ted under.

1. (1) he resident d embers f ch ut omous oard al old e ffi e for a term not eeding four years and shall not be eligible for any t sion or ointment:

r vided that ch rson shall cease to hold office after attaining the age of enty years.

(2) he salary and owances yable to, and other s and nditions of service of, the resident and embers of an ut mous oards shall be ch as ay be r scribed.

(3) he visions ntai ed in -sections (3), (5), (6), (7) d (8) f t n 6 relating to the s and nditions of service of, and in section 7 relating to oval o office, the hairperson and embers of the ommission shall also be pli able to the resident d embers f e ut mous oards.

22. (1) ach ut mous oard, cept the oard of Ethics and egistration for ian st of edicine, shall be assisted by such visory ommitte s of experts, as ay be nstit ted by the ommission, for the efficient arge of the cti ns of ch oards der this Act.

(2) he oard f thics d egistration r ian st f edicine al e assisted by ch ethics mitte s of experts, as ay be nstit ted by the ommission, for the efficient arge of the cti ns of that oards der this Act.

23. he perts, fes ionals, ffi ers d t er ploye s pointed der section 8 shall be ade ailable to the ut omous oards in ch ber and in ch an er, as ay be specified by ulati ns ade by the ommission.

4. (1) very ut omous oard al e t at st ce a onth at ch me d place as it ay appoint.

(2) ubject to ch ulati ns as ay be ade in this behalf, all cisi ns of the ut omous oards shall be ade by sensus and if sensus is not possible, cisi n shall be ade by ajority of votes of the resident and embers.

(3) A rson ho is ri ed by any cisi n of an ut mous oard ay prefer an peal to the ommission against ch cisi n ithin thirty ays of the munication of ch decision.

25. (1) he ommission ay l gate all or any of its ministrative and financial wers to the r sident of ch ut omous oard to able ch oard to cti n o thly d tl .

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

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

26. (1) The Board of Ayurveda, in respect of the discipline of Ayurveda, and the Board of Unani, Siddha and Sowa-Rigpa, in respect of the disciplines of Unani, Siddha and Sowa-Rigpa, of the Indian System of Medicine, shall perform the following functions in respect of their respective disciplines, namely:—

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

(b) develop a competency based dynamic curriculum at all levels in accordance with the regulations made under this Act, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the postgraduate and super- speciality students and enables them to provide 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, having regard 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 examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this Act;

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

(f) specify norms for compulsory annual disclosure, electronically or otherwise, by medical institutions of Indian System of Medicine in respect of their functions that has a bearing on the interest 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 of their functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary.

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

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

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

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

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

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

Powers and

functions of

Autonomous

Boards.

Powers and

functions of

Board of

Ethics and

Registration

for Indian

System of

Medicine.

ec. 1] E ZET E F N IA ORDINARY 11

(2) he resident f n ut omous oard ay rt er l gate y f his wers to a ember or ffi er f at oard.

26. (1) he oard of yurveda, in ect of the discipline of yurveda, d the oard of nani, ha d wa-Rigpa, in ect of the i i li es of nani, ha d wa-Rigpa, f e ian st f edicine, al e o ing cti ns in ect of their ective disciplines, el

(a) ine the ards of ucation at the dergraduate, st raduate d er-speciality levels and erse all ects relating thereto;

(b) velop a petency sed amic at all levels in r ance with the ulati ns ade der this Act, in ch an er that it velops propriate skill, owledge, attitude, alues d ethics ong the st raduate d per- speciality students and ables h to vide althcare, to mpart edical ucation d to nduct edical arch;

(c) e idelines n t g p f edical t t ns r parting dergraduate, st raduate and er-speciality urses in yurveda, nani, ha d wa-Rigpa, ving ard to the eds of the country, the global r s d the ulati ns ade der this Act;

(d) ine i um i ents d ards r ducting f urses d minations in edical t t ns, ving ard to e eds f ativity at local levels d the ulati ns ade der this Act;

(e) ine ards d r s for st cture, faculty d quality of ucation d arch in edical t t ns f ian st f edicine, in r ance with the ulati ns ade der this Act;

(f) ecify r s for pulsory nual i l sure, t nical y or erwise, by edical institutions of ian st of edicine in ect of their cti ns that has a earing on the interest of ri us a olders n ing students, faculty, the ommission d the overnment;

(g) facilitate ent d training of faculty embers;

(h) facilitate arch mes;

(i) grant gnition to edical ualifi ati ns at all levels.

(2) he oard of yurveda d the oard of nani, ha and a-Rigpa ay, in the arge of their ctions, ake ch mendations to, and seek such directions , e ommission, as it s ces ary.

7. (1) he oard f thics d egistration r ian st f edicine al e o ing ctions, el —

(a) aintain a ational egister of all ic ed ractit ners of ian st of edicine in r ance with the visions of section 32;

(b) ulate fessional duct d ote edical ethics in r ance with the ulati ns ade der this Act:

r vided that the oard of Ethics and egistrati n for ian st of edicine shall sure pliance with the de of fessional d ethical nduct h gh the State edical ouncil, in a case here ch State edical ouncil has een nfer ed wer to take i li ary actions in ect of fessional or ethical isconduct by edical r ctit ners der ective tate cts;

(c) velop echanisms to ve nt ous cti n with State edical ouncils f ian st f edicine to cti ely ote d ulate e duct of edical r ctit ners of ian st of edicine;

(d) ercise pel ate r icti n with ect to the actions en by a State edical ouncil der section 31.

wers d

ctions of

ut omous

oards.

wers d

ctions of

oard of

thics d

egistration

for ian

st of

edicine.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

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

(a) determine the procedure for assessment and rating of medical institutions on the basis of their compliance with the standards laid down by the Board of Ayurveda or, as the case may be, the Board of 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 postgraduate course 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 in accordance with the regulations made under this Act:

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

Provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the Medical Assessment and Rating Board for Indian System of Medicine, 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, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, 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 medical institutions at regular intervals, in accordance with the regulations made under this Act;

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

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

29. (1) No person shall establish a new medical institution or start any postgraduate course or increase number of seats without obtaining prior permission 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, trust or 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 to the Medical Assessment and Rating Board for Indian System of Medicine in such form, containing such particulars, 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 Rating Board for Indian System of Medicine shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by Powers and

functions of

Medical

Assessment

and Rating

Board for

Indian System

of Medicine.

Permission for

establishment

of new

medical

institution.

wers d

ctions of

edical

ssessment

d ating

oard for

ian st

of edicine.

er is ion for

ent

edical

ti tion.

12 E ZET E F N IA ORDINARY Parr

(2) he oard f thics d egistrati n r ian st f edicine ay, in e arge of its ctions, ake such mendations to, and seek such i ti ns , the ommission, as it s ces ary.

8. (1) he edical ssess ent d ating oard r ian st f edicine al e o ing ctions, el —

(a) ine the edure for ent and rating of edical institutions on the basis of their pliance with the ards laid n by the oard of yurveda or, as the case ay be, the oard of nani, ha and wa-Rigpa, in r ance with the ulati ns ade der this Act;

(b) grant r is ion for sh ent of a edical institution or to start any st raduate urse or to r ase ber of seats, in r ance with the visions of section 29;

(c) carry out ecti ns of edical institutions for ssi g d rating ch institutions in r ance with the ulati ns ade der this Act:

r vided that the edical ssess ent and ating oard for ian st of edicine ay, if it s ces ary, hire and t orise any other third party ncy or rsons for r i g out n ections of edical institutions for ssi g d rating ch institutions:

r vided further that here ection of edical institutions is carried out by such third party ncy or rsons t orised by the edical ssess ent d ating oard r ian st f edicine, it al e li atory n ch t ns to vide ces to such ncy or erson;

(d) nduct, or here it s ces ary, panel n endent rating encies to nduct, es d te all edical t t ns, ithin ch ri d f eir ening, d ery year thereafter, at ch time, and in ch an er, as ay be ecified by ulations;

(e) ake ailable on its ebsite or in public main, the ent and ratings of edical institutions at ular intervals, in r ance with the ulati ns ade der this Act;

(f) e ch easures, n i g i g arning, mposition f onetary enalty, cing e or o age f is ions d o mending to e ommission r it rawal f ognition, ainst a edical t t n r its i re to aintain e i m sential a ards ecified y e oard f yurveda or, as e se ay be, the oard of nani, ha and wa-Rigpa, in r ance with the ulati ns ade der this Act.

(2) he edical ssess ent d ating oard r ian st f edicine ay, in the arge of its ctions, ake ch mendations to, d seek ch i ti ns , e ommission, as it s ces ary.

29. (1) o rson shall establish a edical institution or start any st raduate urse or r ase ber f ats it out tai ing rior r is ion f e edical ssess ent and ating oard for ian st of edicine.

xpl at — For the rpose of this -section, the erson" des any niversity, trust or any other ody, but es not n de the entral overnment.

(2) For the rpose of tai ing r is ion der -section (/), a rson ay mit a e to e edical ssess ent d ating oard r ian st f edicine in such , ntaining such particulars, panied by ch fee, d in such an er, as ay be ecified by ulations.

) hile nsidering e e i ed der -section (2), e edical ssess ent d ating oard for ian st of edicine shall ve ard to the a ards of ucation and research, the a ards and r s for cture d faculty, the idelines on setting up of edical institutions and other i ents ined

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

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 scheme within three months from the date of receipt of such scheme:

Provided that before disapproving such scheme, an opportuntiy to rectify the defects, if any, shall be given to the person concerned.

(4) Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-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 three months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in such manner as may be specified by regulations.

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

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

30. While approving or disapproving a scheme under section 29, the Medical Assessment and Rating Board for Indian System of Medicine, or the Commission, 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 have been provided to ensure proper functioning of medical institution or would be provided within the time-limit specified in the scheme;

(c) whether adequate hospital facilities have been provided or would be provided within the time-limit 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 be relaxed for the medical institutions which are set up in such areas as may be specified by the regulations.

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

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

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

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

State Medical

Council.

Criteria for

approving or

disapproving

scheme.

ec. 1] E ZET E F N IA ORDINARY 13

the oard of yurveda or, as the case ay be, the oard of nani, ha and a-Rigpa der ti n 6, d as n r er er roving or r ving e e ithin

ee onths o e ate f eipt f ch me:

r vided that efore r ving such me, an portuntiy to rectify the defects, if y, al e en to e rson ncerned.

(4) here a e is r ved der -section (3), ch proval shall be the r is ion der -section (/) to establish a edical institution.

(5) here a e is r ved der -section (3), or here no order is ssed ithin e onths f mit ing a e der -section (2), e rson cerned ay prefer an peal to the ommission ithin fifteen ays of such proval or, as the case ay be, after lapse of three onths, in ch an er as ay be ecified by ulations.

(6) here the ommission has r ved the e or no order has en ssed ithin n ays e ate f r fer i g peal der -section (5), e r on cerned ay prefer a nd peal to the entral overnment ithin en ays of munication of ch proval or, as the case ay be, lapse of ecified eri d of n ays.

(7) he edical ssess ent and ating oard for ian st of edicine ay duct aluation d ent f y niversity or edical t t n at y me, er i ctly or gh y t er pert, ving grity d perience in edical r fes ion, it out any prior notice d assess and aluate the ance, a ards d marks of ch niversity or edical institution.

30. hile roving or roving a e der ti n 29, the edical ssess ent and ating oard for ian st of edicine, or the ommission, as the se ay e, al e to nsideration e o ing rit ria, el

(a) uacy of cture d financial urces;

(b) hether quate emic faculty, n-t aching staff, d other ces ary facilities ve en vi ed to sure per ct ning of edical institution or ould e vi ed ithin e me-li it ecified in e e;

(d) ch other factors as ay be r scribed:

r vided at, bject to e vious proval f e entral overnment, e criteria ay be ed for the edical institutions hich are set up in such areas as ay be ecified by the ulations.

31. (1) he State overnment shall, by otifi ation, ithin three ears of the mencement of this Act, establish a State edical ouncil for ian st of edicine in that State if no ch ouncil exists in that State.

(2) here a State ct nfers wer on the State edical ouncil to take i l ary actions in ect of any fessional or ethical isconduct by a ist red r ctit ner of ian st of edicine, the State edical ouncil shall act in r ance with the ulati ns ade, d the idelines ed, der this Act:

r vided that till ch time as a State edical ouncil for ian st of edicine is l ed in a tate, e oard f thics d egistration r ian st f edicine shall eive the plaints and nces relating to any fessional or ethical isconduct against a i t red r ctit ner of ian st of edicine in that State in r ance with ch edure as ay be ecified by ulations:

vided further that the oard of Ethics and egistration for ian st of edicine or, as the case ay be, the State edical ouncil shall give an portunity of aring to ch r ctit ner efore ssing y r er or i g y ti n, ing mposition f y onetary enalty, ainst ch erson.

riteria for

roving or

roving

scheme.

State Medical

ouncil.

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

(a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics and Registration for Indian System of Medicine and the decision, if any, of the Board of Ethics and Registration for Indian System of Medicine thereupon shall be binding on such State Medical Council, 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 to sub-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 the Board of Ethics and Registration for Indian System of Medicine, may prefer an appeal to the Commission within 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 Medical Council 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 or omission, as may be specified by regulations.

32. (1) The Board of Ethics and 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 of Medicine 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 such manner as may be specified by regulations.

(3) The manner in which any name or qualification may be added to, or removed from, the National Register 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 the Board of Ethics and Registration for Indian System of Medicine.

(5) Every State Medical Council shall maintain and regularly update the State Register in the specified electronic format and supply a physical copy of the same to the Board of Ethics and Registration for 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 electronic synchronization of the National Register and the State Register in such a manner that any change in one such register is automatically reflected in the other register.

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

Provided that a person who has been registered in the Central Register of Indian System of Medicine maintained under the Indian Medicine Central Council Act, 1970 prior to the coming into force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled in the National Register maintained under this Act.

(2) No person who has obtained a qualification in Indian System of Medicine from a medical institution established in any country outside India and is recognised as a medical practitioner of Indian System of Medicine in that country, shall, after the commencement of National

State Register

of Indian

System of

Medicine.

Rights of

persons to be

enrolled in

National

their

obligations

thereto.

48 of 1970.

ational

egister d

State egister

of ian

st of

edicine.

ights of

rsons to be

rol ed in

ational

egister d

eir

li ations

ereto.

14 E ZET E F N IA ORDINARY Parr

(3) ractit ner f ian st f edicine ho is ri ed y e r er ssed or the action en —

(a) the State edical ouncil der -section (2) ay prefer an peal to the oard of Ethics and egistration for ian st of edicine and the decision, if any, of the oard of Ethics and egistration for ian st of edicine h on shall be ding on ch State edical ouncil, unless a nd peal is r ferred der -section (4);

(b) the oard of Ethics and egistration for ian st of edicine der the first viso to -section (2) ay prefer an peal to the ommission.

(4) edical r ctit ner f ian f edicine ho is gri ed y e cisi n of the oard of Ethics and egistration for ian st of edicine, ay prefer an peal to the ommission ithin sixty ys of munication of such decision. xpl at For the rposes of this ct

(a) "State" des nion territory and the pres ions "State overnment"

d tate edical ouncil r ian st f edicine", in t n to a nion rit ry, al ectively ean e entral overnment" d nion er it ry edical ouncil r ian st f edicine";

(b) the pres ion r fes ional or ethical isconduct" des any act of mis ion or is ion, as ay be ecified by ulations.

2. (1) he oard f thics d egistration r ian st f edicine al aintain a ational egister ntaining the me, dres , all gnised alifi ati ns ssessed y a c ed edical r ctit ner f e ian st f edicine d ch other particulars as ay be ecified by ulations.

(2) he ational egister al e aintained in h , ing in t nic and in such an er as ay be ecifi d by ulations.

(3) he an er in hich y e or ualifi ati n ay e ed to, or oved , the ational egister and the nds for oval thereof, shall be such as ay be ecified by the ulations.

(4) he ational egister al e ade ailable to e ublic y l i g it n e ebsite f e oard f thics d egistration r ian st f edicine.

(5) very State edical ouncil shall aintain and ularly date the State egister in the ecifi d t nic at and ply a hysical py of the e to the oard of thics d egistration for ian st of edicine ithin three onths of the mencement of this Act.

(6) he oard f thics d egistration r ian st f edicine al sure electronic chronization of the ational egister and the State egister in ch a an er that any nge in one ch register is t matical y reflected in the other register.

3. (/) ny rson ho as a gnised alifi ati n in ian st f edicine der this ct and qualifies the ational Exit Test held der section 15 shall be nted a c ce to ractice ian st f edicine d al ve his e d ualifi ati ns rol ed first in the State egister and sequently in the ational egister aintained der this ct:

r vided at a rson ho as en i t red in e entral egister f ian st of edicine aintained der the ian edicine entral ouncil Act, 1 70 prior to the ing into force of this ct and efore the ational Exit Test es erational der -section (3) of section 15, shall be ed to ve en ist red der this Act and be rol ed in e ational egister aintained der this ct.

(2) o rson ho as t i ed a ualifi ati n in ian st f edicine a edical institution l ed in any untry outside India and is gnised as a edical r ctit ner of ian st of edicine in that untry, shall, after the mencement of 48 of 0.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

this Act and the National Exit Test for Indian System of Medicine becomes operational under sub-section (3) of section 15, be enrolled in the National Register for Indian System of Medicine, unless he qualifies the National Exit Test for Indian System of Medicine.

(3) When a person whose name is entered in the State Register or the National Register, as the case may be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised qualification under section 35 or section 36, as the case may be, he shall be entitled to have such 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.

34. (1) No person other than a person who is enrolled in the State Register 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 is meant 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 certificate required 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 45 of the Indian Evidence Act, 1872 on any matter relating to Indian System of Medicine:

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

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

(2) Any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, 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 Medicine to practice in any State merely on the ground that he does not possess, as on the date of commencement 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 under any law for the time being in force in a State on the practitioners of Indian System of Medicine enrolled 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 five years in a State, to continue to practice in that State in which a State Register of Indian System of Medicine is not maintained as on the date of commencement of this Act.

CHAPTER VI

RECOGNITION OF QUALIFICATIONS OF INDIAN SYSTEM OF MEDICINE

35. (1) The medical qualifications in Indian System of Medicine at undergraduate or postgraduate or super-speciality level granted by any University or medical institution in India shall be listed and maintained 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 recognised medical qualification for the purposes of this Act.

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

persons to

practice.

Recognition

qualifications

granted by

Universities or

medical

institutions in

India.

1 of 1872.1 of 1 72.

ec. 1] E ZET E F N IA ORDINARY 15

this ct and the ational Exit Test for ian st of edicine es erational der -section (3) f ti n 15, e rol ed in e ational egister r ian st f edicine, unless he qualifies the ational Exit Test for ian st of edicine.

(3) hen a rson hose e is t red in the State egister or the ational Register, as e se ay e, tains y title, a or ualifi ati n r fi cy in ces or edicine hich is a gnised alifi ati n der ti n 5 or ti n 6, as e se ay e, e al e tit d to ve ch title, a or alifi ati n t red ainst is e in the State egister or the ational Register, in such an er as ay be ecified by regulations.

34. (1) o rson other than a rson ho is rol ed in the State egister or the ational Register, as the case ay be, —

(a) e o ed to ractice ian st f edicine as a ualifi d ractiti ner;

(b) hold office as a ysician or on or any other office, by hatever e called, hich is eant to be held by a ysician or eon, as the case ay be;

(c) be entitled to sign or t enticate a edical or fitness certificate or any other certificate uired by any law to be ed or t enticated by a duly qualified edical ractiti ner;

(d) be entitled to give i ence at any uest or in any court of law as an pert der ti n 5 f e ian vidence ct, 1 72 n y at er t g to ian st f edicine:

r vided that the ommission shall mit a list of such r ctit ners to the entral overnment in ch an er as ay be r scribed:

r vided rt er at a i n n ho is rol ed in is untry as a r ctit ner of ian st of edicine in r ance with the law ulating the registration of such practitioners in that untry ay be r it ed e porary registration in dia r ch eri d d in ch an er as ay e ecified y ulations.

(2) ny rson ho acts in ntr vention of the visions of this section shall be nished with mpri ent for a hich ay t nd to ne year, or with fine hich ay t nd to five lakh rupees, or with both.

(3) othing ntai ed in is ti n al e —

(a) the right of a rson rol ed in a State egister as r ctit ner of ian st of edicine to practice in any State erely on the nd that he oes not os es , as n e ate f mencement f this ct, a gnised edical ualifi ati n in e ian st f edicine;

(b) the privileges, ing the right to practice any of edicine, nfer ed by or der any law for the time ei g in force in a State on the r ctit ners of ian st of edicine rol ed in the State register of that State;

(c) e ht f a rson ho as en cti i g ian st f edicine r not less than five years in a State, to nti ue to practice in that State in hich a State egister f ian st f edicine is ot aintained as n e ate f

mencement of this Act.

APTER I

ECOGNITION F ALIFI ATIONS F I N STEM F EDICINE

5. (1) he edical alifi ati ns in ian st f edicine at dergraduate or st raduate or er-speciality el nted y y niversity or edical t t n in India shall be listed and aintained by the oard of yurveda or the oard of nani, ha d wa-Rigpa, as the case ay be, in such an er as ay be ecified by ulati ns d such edical qualification shall be a nised edical qualification for the rposes of this Act.

(2) ny niversity or edical t t n in dia hich rants n dergraduate or st raduate or er-speciality ualifi ati n in ian st f edicine ot n ed in the list aintained by the oard of yurveda or the oard of nani, ha d wa-Rigpa, as e se ay e, ay ply to at oard r nti g gnition to ch ualification. ights of

rsons to

ractice.

ecognition

ualifi ati ns

nted by

niversities or

edical

t t ns in

ia.

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, shall examine the application for grant of recognition to a qualification in Indian System of Medicine within a period 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 such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the medical qualification to the concerned University or medical institution.

(5) The aggrieved University or the medical institution may prefer an appeal to the Commission within a period of sixty days from the date of communication of the decision of 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.

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

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

(8) All medical qualifications which have been recognised before the date of commencement of this Act and are included in the Second Schedule and Third Schedule to the Indian Medicine Central Council Act, 1970, shall also be listed and maintained 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.

36. (1) Where an authority in any country outside India which, by the law of that country is entrusted with the recognition of qualifications of Indian System of Medicine in that country, makes an application to the Commission for granting recognition to such qualification in India, the Commission may, subject to such verification 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), such qualification shall be a recognised qualification for the purposes of this Act and shall be included in the list 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, the Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition.

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

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

37. (1) Where, upon a report received from the Medical Assessment and Rating Board for Indian System of Medicine or otherwise, it appears to the Commission that—

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

48 of 1970.

Recognition

of medical

qualifications

granted by

medical

institutions

outside India.

Withdrawal of

recognition or

de-recognition

qualification.

48 of 1970.

ecognition

of edical

ualifi ati ns

nted by

edical

t t ns

outside India.

ithdrawal of

gnition or

- ognition

ualification.

16 E ZET E F N IA ORDINARY Parr

(3) he oard f yurveda or e oard f nani, ha d wa-Rigpa, as e se ay e, al ine e plicati n r rant f gnition to a alifi ati n in ian st of edicine ithin a ri d of six onths in such an er as ay be ecified by ulations.

(4) here e oard f yurveda or e oard f nani, ha d wa-Rigpa, as e se ay e, cides to rant gnition to e alifi ati n in ian st f edicine, it al de ch alifi ati n in e list aintained y it d al o ecify therein the date of effect of such gnition, r ise it shall municate its cisi n not to grant gnition to the edical alifi ati n to the cerned niversity or edical ti tion.

(5) he ri ed niversity or the edical institution ay prefer an peal to the ommission ithin a ri d of sixty ays o the date of munication of the cisi n of the oard of yurveda or the oard of nani, ha and wa-Rigpa, as the case ay be, in ch an er as ay e ecified y ulations.

(6) he ommission al ine e peal i ed der -section (5) ithin a eri d of o onths and if it cides that gnition ay be nted to ch edical qualification, it ay direct the cerned oard to de ch alifi ati n in the list aintained by that oard in such an er as ay be specified by ulations.

(7) here the ommission cides not to grant gnition der -section (6) or fails to cide ithin the ecified period, the ri ed niversity or edical institution ay refer a nd peal to e entral overnment ithin a eri d f irty ays e date of munication of such cisi n or lapse of ecifi d period, as the case ay be.

(8) l edical alifi ati ns hich ve een gnised efore e ate f mencement of this Act and are n ed in the ond hedule and hird hedule to e ian edicine entral ouncil ct, 1 70, al o e d d aintained y e oard of yurveda or the oard of nani, ha and wa-Rigpa, as the case ay be, in such an er as ay be specified by ulations.

36. (1) here an authority in any untry outside India hich, by the law of that untry is t sted ith e gnition f ualifi ati ns f ian st f edicine in at untry, akes n plicati n to e ommission r nting gnition to ch alifi ati n in dia, e ommission ay, bject to ch erif ati n as it s ces ary, either grant or refuse to grant gnition to that edical qualification.

(2) here the ommission grants gnition to any edical ualifi ati n der -section (/), such ualifi ati n shall be a gnised alifi ati n for the rposes of this Act and shall be ed in the list aintained by the ommission in ch an er as ay be specified:

r vided that in case the ommission cides not to grant gnition to y ualification, e ommission al i e a nable portunity f i g ard to ch thority efore si g to grant ch ognition.

(3) here the ommission refuses to grant gnition to a edical alifi ati n der -secti n (2), the uthority cerned ay prefer an peal to the Central overnment r rant f gnition.

(4) l alifi ati ns hich ve en gnised efore e ate f mencement f this ct and are ed in the ourth hedule to the ian edicine entral ouncil Act, 1 0 shall also be gnised edical qualifications for the rposes of this Act and shall be listed and aintained by the ommission in such an er as ay be specified by the regulations.

37. (1) here, on a report i ed o the edical ssess ent and ating oard r ian st f edicine or erwise, it pears to e ommission h —

(a) e urses f y d mination to e dergone in, or e fi cy uired o didates at any mination held by, a niversity or edical institution do not f r to the a ards ecified by the oard of yurveda or the oard of nani, ha and wa-Rigpa, as the case ay be; or

48 of 70.

48 of 0.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(b) the standards and norms for infrastructure, faculty and quality of education in medical institutions 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 University or medical institution has failed to take necessary corrective action to maintain specified minimum standards, 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 recognition granted to the medical qualification awarded by a University or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (l) of section 28.

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

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

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

Provided that medical practice by a person possessing such qualification shall be permitted only if such person has been enrolled as a medical practitioner in accordance with the law regulating the registration 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 to such period as may be specified in that order:

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

CHAPTER VII

GRANTS, AUDIT AND ACCOUNTS

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

40. (1) There shall be constituted a fund to be called "the National Commission Fund for Indian System of Medicine" and there shall be credited thereto—

(a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous 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, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and Autonomous Boards;

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

Special

provision in

certain cases

for recognition

of qualifications.

Grants by

Central

Government.

National

Commission

Fund for

Indian System

of Medicine.

ec. 1] E ZET E F N IA ORDINARY 17

(b) the a ards and r s for infrastructure, faculty and quality of ucation in edical institutions as ined by the oard of yurveda or the oard of nani, ha d wa-Rigpa, as the case ay be, are not ered to by any niversity or edical institution, d ch niversity or edical institution has failed to take ces ary rrective t n to aintain ecified i um dards,

the ommission ay initiate action in r ance with the visions of -section (2):

r vided that the ommission shall, before, taking any action for suo otu it drawal of gnition nted to the edical alifi ati n arded by a niversity or edical institution, mpose nalty in r ance with the visions of clause (f) of -section (/) of section 28.

(2) he ommission all, fter aking ch rt er uiry as it s fit, d fter lding nsultations ith the State overnment d the thority of the cerned niversity or edical institution, es to the nclusion that the gnition nted to a edical alifi ati n ght to be it rawn, it ay, by order, it r gnition nted to ch edical ualifi ati n and direct the oard of yurveda or the oard of nani, ha d wa-Rigpa, as the case ay be, to end the entries against the niversity or edical institution cerned in the list aintained by that oard to the effect that the gnition nted to ch alifi ati n is i n with effect o the date ecified in that order.

(3) If e ommission, fter erif ati n ith e thority in y untry tside India, is of the inion that a gnised edical ualifi ati n hich is n ed in the list aintained by it is to be - ognised, it ay, by order, - ognise ch edical alifi ati n d ove it o e list aintained y e ommission ith ect e date of ch order.

38. here the ommission s it ces ary so to do, it ay, by notification, direct at y alifi ati n in ian st f edicine nted y a edical t t n tside India, after such date, as ay be specified in that notification, shall be gnised ualifi ati n for the rposes of this Act:

r vided that edical practice by a rson sses ing ch ualifi ati n shall be r it ed only if ch rson has en rol ed as a edical r ctit ner in r ance with e ulati g e istr ti n f edical r ctit ner r e me ei g in rce in at untry:

r vided further that edical practice by a rson sses ing ch alifi ati n shall be limited to ch eri d as ay be specified in that order:

r vided also that edical practice by a rson sses ing ch alifi ati n shall be r it ed only if ch rson qualifies ational Exit Test.

APTER I

RANTS, UDIT ND OUNTS

39. he entral overnment ay, after due propriation ade by arl ent by in is ehalf, ake to e ommission rants f ch s f oney as e entral overnment ay k fit.

40. (1) here shall be nstit ted a d to be called "the ational ommission und r ian st f edicine" d re al e dit d h e o—

(a) all overnment grants, fees, penalties and arges i ed by the ommission d the ut mous oards;

(b) all s i ed by the ommission such other rce as ay be ci ed by it.

(2) he d al e plied r aking ment ow —

(a) the salaries and owances yable to the hairperson and embers of the ommission, the residents d embers of the ut omous oards d the ministrative enses ing the salaries d owances yable to the officers d other ploye s of the ommission and ut omous oards;

(b) the enses rred or to be rred in r i g out the visions of this ct ing in nection ith e arge f e cti ns f e ommission d the ut mous oards.

pecial

vision in

rtain ses

for gnition

of alifications.

Grants by

entral

overnment.

ational

ommission

nd for

ian st

of edicine.

18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall 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 in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection 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 documents and 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 or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded 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.

42. (1) The Commission shall furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements and such particulars in regard to any 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 be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report 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, as soon as may be after it is received, before each House of Parliament.

CHAPTER VIII

MISCELLANEOUS

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

Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity 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.

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

45. (1) The Commission 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, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1).

Audit and

accounts.

Furnishing of

returns and

reports to

Central

Government.

Power of

Central

Government

to give

directions to

Commission

and

Autonomous

Boards.

Power of

Central

Government

to give

directions to

State

Governments.

Information to

be furnished by

Commission

and publication

thereof.

udit d

accounts.

urnishing of

rns d

orts to

entral

overnment.

wer of

entral

overnment

to i e

i cti ns to

ommission

and

ut omous

oards.

wer of

entral

overnment

to i e

i cti ns to

State

overnments.

ation to

be furnished by

ommission

d blication

reof.

18 E ZET E F N IA ORDINARY Parr

1. (1) he ommission al aintain per ounts d t er ant ords d pare an nual a e ent of ounts in ch as ay be r scribed, in nsultati n with the omptroller and uditor- eneral of India.

(2) he ounts of the ommission shall be dited by the omptroller d uditor-General of India at ch intervals as ay be specified by and any enditure n rred in nection with ch audit shall be yable by the ommission to the omptroller d uditor- eneral f dia.

(3) he omptroller d uditor-General f dia d y t er rsons ointed y in nnection ith e dit f e ounts f e ommission al ve e e rights and r i ges and t ority in nection with ch audit as the omptroller and uditor-General neral y has in nnection with the audit of overnment ounts and in particular, shall ve the right to and the duction of, and plete ces to, records, oks, ounts, nected uchers and other ments and apers and to inspect the office of the ommission.

(4) he ounts of the ommission as rtifi d by the omptroller d uditor-General of India or any other rson ointed by in this behalf, ether with the audit report reon, shall be arded nual y by the ommission to the entral overnment hich shall use the e to be laid, as n as ay be after it is eived, efore ch ouse of arl ent.

2. (1) he ommission al ish to e entral overnment, at ch me, in ch d in ch an er, as ay e cri ed or as e entral overnment ay irect, ch reports and a e ents and ch particulars in ard to any at er der the r icti n of the ommission, as the entral overnment ay, o time to time, require.

(2) he ommission al r pare, ce ery ear, in ch d at ch me as ay be r scribed, an nual report, i g a mary of its activities ri g the vious year and pies of the report shall be arded to the entral overnment.

(3) A py of the report i ed der -section (2) shall be laid by the entral overnment, as n as ay be after it is eived, efore ch ouse of arl ent.

APTER I

ISCELLANEOUS

43. (1) ithout j dice to the oing visions of this Act, the ommission and the ut mous oards shall, in ercise of their wers d arge of their cti ns der this ct be und by ch directions on estions of policy as the entral overnment ay i e in riti g to h me to me:

r vided that the ommission and the ut omous oards shall, as far as practicable, be en an portunity to pres their s efore y i cti n is en der this -section.

(2) he cisi n of the entral overnment hether a esti n is ne of policy or not al e al.

4, he entral overnment ay i e ch i ctions, as it ay ces ary, to a State overnment for r i g out all or any of the visions of this ct and the State overnment shall ply with ch directions.

5. (1) he ommission al ish ch ports, pies f its inutes, stracts f its ounts d other n ation to the entral overnment as that overnment ay uire.

(2) he entral overnment ay ublish, in ch an er as it ay k fit, e orts, inutes, stracts of ounts d t er ation i ed to it der -section /).

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

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

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

(2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has 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 by the Commission till such time as all the candidates are able to complete their study in that institution.

48. The Chairperson, Members, officers and other employees of the Commission and the President and Members of Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

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

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

51. (1) If, at any time, the Central Government is of opinion that--

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

(b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification:

Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider 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, be exercised or discharged by or on behalf of the Commission, shall until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; Obligation of

Universities

and medical

institutions.

Completion of

courses of

studies in

medical

institutions.

Chairperson,

Members,

officers of

Commission

and of

Autonomous

Boards to be

public

servants.

Protection of

action taken

in good faith.

Cognizance of

offences.

45 of 1860.

Power of

Central

Government

to supersede

Commission.

45 of 60.

ec. 1] E ZET E F N IA ORDINARY 19

46. very iversity d edical institutions vered der this ct shall aintain a ebsite at all mes and i lay in its ebsite all such n ation as ay be uired by the ommission or n ut mous oard, as e se ay e.

7. (1) otwithstanding ything ntai ed in this ct, y ent ho as u ing for a gree or a in any edical institution mmediately efore the mencement of this ct shall nti ue to so study and plete his urse for such gre or a, and such institution shall nti ue to vide cti ns and hold mination for ch ent in r ance with the l us d studies as ist d efore ch mencement, and such ent shall be ed to ve pleted his urse of y der this ct d shall e arded gre or a der this ct.

(2) otwithstanding ything ntai ed in this ct, here gnition nted to a edical institution has lapsed, hether by efflux of time or by its l ntary der or for any other n hatsoever, ch edical institution shall nti ue to aintain and vide the i um ards as r ved by the ommission till ch time as all the didates are able to plete their study in that institution.

48. he hairperson, embers, officers d other ploye s of the ommission and the resident d embers of ut omous oards shall be ed, hen t g or rporting to act in r ance of any of the visions of this Act, to be public ants ithin e eaning f ti n 1 f e ian enal ode.

49. o suit, secution or other legal eeding shall lie against the overnment, the ommission or any ut omous oard or a State edical ouncil or any ommitte thereof, or any officer or other ploye of the overnment or of the ommission acting der this ct r ything hich is in od ith ne or n ed to e ne der this ct or the rules or ulati ns ade under.

50. o ourt shall take nizance of an ce nishable der this ct cept on a plaint in riti g ade in this half y n ffi er t orised y e ommission or the Ethics and egistration oard or a State edical ouncil for ian st of edicine, as the case ay be.

51. (/) If, at any time, the entral overnment is of i ion h —

(a) the ommission is able to arge the cti ns d duties mposed on it y or der e visions f this ct; or

(b) e ommission as ersistently ade efault in plying ith y i cti n issued by the entral overnment der this ct or in the arge of the cti ns d duties mposed on it by or der the visions of this Act, the entral overnment ay, by notification, ersede the ommission for ch period, not eeding six onths, as ay be ecified in the notification:

r vided that efore i g a otifi ati n der this -section, the entral overnment shall give a nable portunity to the ommission to use as to hy it uld not be er ded and shall nsider the planations d jections, if any, of the ommission.

(2) pon the blication of a otif ati n der -section (/) erseding the mis i ,—

(a) all the embers shall, as o the date of erses ion, cate their offices as such;

(b) all the wers, cti ns d duties hich ay, by or der the visions of this ct, e ercised or ar ed y or n half f e ommission, al ntil e ommission is nstit ted der -section (3), be ercised and r ed by such rson or rsons as the entral overnment ay direct; bligation of

niversities

and medical

t tions.

ompletion of

courses of

studies in

edical

t tions.

hairperson,

embers,

ffi ers of

ommission

d of

ut omous

oards to be

ublic

ants.

rotection of

ti n en

in od faith.

ognizance of

nces.

wer of

entral

overnment

to supersede

ommis ion.

20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

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

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

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

Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-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 of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity.

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

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

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

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

54. (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 any of the following matters, namely:--

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

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

(d) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson 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;

Joint sittings of

Commission,

National

Commission for

Homoeopathy

and National

Medical

Commission.

State

Government

to promote

public health.

Power to

make rules.

0 E ZET E F N IA ORDINARY Parr

(c) all perty ned r ntrol ed y e ommission all, ntil e ommission is nstit ted der -section (3), vest in the entral overnment.

(3) n the pirati n of the eri d of erses ion ecified by the notification issued der -section (/), e entral overnment ay,

(a) t nd e eri d f erses ion r ch rt er ot eeding six onths, as it ay nsider ces ary; or

(b) onstitute the ommission by fresh oi t ent and in ch case the embers ho cated their offices der clause (a) of -section (2) shall not be ed i ualified r ointment:

r vided that the entral overnment ay, at any time efore the pirati n of the eri d of erses ion, hether as originally cifi d der -section (/) or as ded der this b-section, take action der clause (b) of this b-section.

(4) he entral overnment al use a tif ati n d der -section (/) and a full report of any action en der this section and the c stances i g to ch action to be laid efore both ouses of ar ent at the earliest portunity. Joint sittings of 2. /) here al e a int g f e ommission, e ational ommission r Sommission. omoeopathy, and the ational edical ommission, at least ce a year, at ch time and Commission for Place as they utually appoint, to ance the interface e n ian st of edicine, omoeopathy Homoeopathy and modern system of medicine.

and National oe tu :

Medical (2) he genda for the joint sitting ay be l ed ith utual ent y he Commission. _ hairpersons of the ommissions ncerned.

(3) he int g ay, y n rmative ote f all embers r sent d oting, cide on roving specific ucational and edical odules or mme that uld be n ro ced in the der-graduate and st r duate urses across edical s, and ote edical l rali .

State 53. very State overnment ay, for the rposes of dres ing or oting public Government health, take necessary easures to ance the capacity of the alt care professionals. to ote ary P y P

ublic health.

Power ° 54. (1) he entral overnment ay, by notification in the Official azette, ake rules make rules.

to carry out the rposes of this Act.

(2) In particular, and it out r j dice to the oing wer, such rules ay vide r all or y f e o ing atters, el —

(a) e an er f pointing six embers f e ommission n t t nal asis o ongst the ine s of the States and nion territories in the dvisory ouncil der clause (b) of -section (4) of section 4;

(b) the an er of pointing embers der clause (c) of -section (4) of t n 4;

(d) the salary and o ances yable to, and other s and nditions of service of, the hairperson and embers der -section (4) of section 6;

(e) e d e an er f aking clarati n der -section (6) f section 6;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(f) the qualifications and experience to be possessed by Secretary under sub-section (2) of section 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 Commission under clause (i) of sub-section (1) of section 10;

(i) the salary and allowances payable to, and other terms and conditions of service of, the President 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 second proviso to sub-section (1) of section 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 shall be furnished by the Commission and the particulars with regard to any matter as may be required by the 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 to sub-section (3) of section 58;

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

55. (1) The Commission may, by notification, make regulations consistent 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 may provide 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) of section 8;

(b) the procedure in accordance with which experts and professionals may be engaged and the number 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 its meetings under sub-section (3) of section 9;

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

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

(f) the manner of functioning of the Commission, the Autonomous Boards and the State Medical Councils 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 the quorum at its meetings under sub-section (3) of section 13;

(h) the other languages in which, the designated authority through which, and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14;

Power to

make

regulations.

ec. 1] E ZET E F N IA ORDINARY 1

(f) the alifi ati ns d perience to be ssessed by ecretary der -section (2) of section 8;

(g) the salaries and o ances yable to, and other s d nditions of the Secretary, officers and other ploye s of the ommission der -section (6) of section 8;

(h) the other wers to be ercised d other cti ns to be ed by the ommission der clause (7) of -section (/) of section 10;

(i) the salary d o ances yable to, d other s d nditions of service of, the resident and embers of an ut mous oard der -section (2) f ti n 1;

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

(k) e an er f mit ing a list f r ctit ners der e nd viso to -section (/) f ti n 4;

(J) the for aring nual a e ent of ounts der -section (/) of ti n 1;

) e me ithin hich, d e d e an er in hich, e orts d a e ents shall be i ed by the ommission and the particulars with ard to any at er as ay be uired by the entral overnment der -section (/) of ti n 2;

(n) the d the time for aring nual report der -section (2) of ti n 2;

(o) e pensation r e ature e ination f ployment der e nd r viso to -section (3) of section 58;

(p) any other at er in ect of hich vision is to be ade by rules.

55. (1) he ommission ay, by notification, ake ulati ns nsistent with this wer to ct and the rules ade h nder to carry out the visions of this Act. make ulations.

(2) In particular, and it out j dice to the enerality of the oing wer, ch ulati ns ay vide for all or any of the o ing matters, el

(a) the cti ns to be r ed by the ecretary of the ommission der -section (4) of section 8;

(b) the edure in r ance with hich perts d fessionals ay be aged and the ber of ch perts d fessionals der -section (7) of section 8;

(d) the quality and a ards to be aintained in ucation of ian st of edicine der clause (a) of -section (/) of section 10;

(e) the an er of ulati g edical institutions, edical r hes and edical fessionals der clause (b) of -section (/) of section 10;

(f) e an er f cti ning f e ommission, e ut mous oards d the State edical ouncils der clause (d) of -section (/) of section 10;

(g) the edure to be o ed at the e tings of the edical dvisory ouncil, n ing the r at its e tings der -section (3) of section 13;

(h) the other a ages in hich, the si nated t ority h gh hich, and e an er in hich e ational l ity-cum ntrance est al e ducted der -section (2) f ti n 1 ;

22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

(j) the manner of admission of students to undergraduate courses under sub-section (4) of section 14;

(k) the other languages in which, the designated authority through which, and the manner in which, 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 Exist Test under sub-section (4) of section 15;

(m) the other languages in which, the designated authority through which, and the manner in which 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 to the postgraduate seats in all medical institutions under sub-section (3) of section 16;

(o) the manner of conducting the National Teachers' Eligibility Test for Indian System of Medicine 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 employees shall 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) of section 26;

(s) the manner of imparting undergraduate, postgraduate and super-speciality courses in Ayurveda, 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 medical institutions under clause (d) of sub-section (1) of section 26;

(u) the standards and norms for infrastructure, faculty and quality of education and research in medical 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) of sub-section (1) of section 28;

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

(y) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, 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 of medical 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 minimum essential standards under clause (f) of sub-section (1) of section 28;

2 E ZET E F N IA ORDINARY Parr

(i) the an er of ducting mon unsel ing by the si nated t ority for is ion to edical institutions der -section (3) of section 14;

(j) e an er f is ion f ents to dergraduate urses der -section (4) f ti n 14;

(k) the other a ages in hich, the si nated thority gh hich, and e an er in hich, e ational xit est al e ducted der -section (2) f ti n 15;

(J) e an er in hich a rson ith i n edical alifi ati n al ualify ational Exist Test der -section (4) of section 15;

(m) the other a ages in hich, the si nated thority h gh hich, and e an er in hich is ion to st raduate urses al e ducted der -section (2) f ti n 16;

(n) the an er of ducting mon unsel ing by the si nated thority for is ion to the st raduate seats in all edical institutions der -section (3) f ti n 16;

(o) e an er f ducting e ational eachers' ligibility est r ian st of edicine and the si nated thority gh hom ch test shall be ducted der -section (2) of section 17;

(p) the ber of, and the an er in hich, experts, r fes ionals, officers and other ploye s shall be ade available by the ommission to the ut omous oards der section 23;

(q) e an er in hich cisi ns f e ut mous oards al e ade der -section (2) f ti n 4;

(r) the petency sed amic at all levels der clause (b) of -section (/) f ti n 6;

(s) e an er f mparting dergraduate, st raduate d er-speciality urses in yurveda, nani, ha and a-Rigpa der clause (c) of -section (/) of section 26;

(t) e i um i ents d ards r ducting urses d minations in edical t ns der se (d) f -section (/) f ti n 6;

(u) the a ards and r s for infrastructure, faculty and quality of ucation d arch in edical t t ns of ian st of edicine der

clause (e) of -section (/) of section 26;

(v) the an er of ulati g fessional duct and oting edical ethics der clause (b) of -section (/) of section 27;

(w) the edure for ent and rating of the edical institutions der clause (a) of -section (/) of section 28;

(x) the an er of r i g out ecti ns of edical institutions for ssing d rating der clause (c) of -section (/) of section 28;

(y) e an er f nducting, d e an er f panelling n endent g encies to nduct, assess d rate all edical institutions der se (d) of -section (/) f ti n 8;

(z) e an er f aking ailable n ebsite or in ublic ain e ent and ratings of edical institutions der clause (e) of -section (/) of section 28; ) e easures to e en ainst a edical t t n r re to aintain the i um essential a ards der clause (f) of -section (/) of section ;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(zb) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting 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 under sub-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 or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Indian System of Medicine, under sub-section (2) of section 31; (zf) the act of commission or omission which amounts to professional or ethical misconduct under clause (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 Register under sub-section (2) of section 32;

(zi) the manner in which any name or qualification may be added to, or removed from, the National 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 National Register under sub-section (3) of section 33; (zk) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the third proviso to sub-section (1) of section 34; (zl) the manner of listing and maintaining medical qualifications granted by a University or medical 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) of section 35;

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

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

(zp) the manner in which the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa shall list and maintain the medical qualifications which have been granted recognition before the date of 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 which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36.

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

Rules and

regulations to

be laid before

Parliament.

ec. 1] E ZET E F N IA ORDINARY 3

(zb) the of me, the particulars thereof, the fee to be panied and the an er of mit ing e for l i g edical college der -section (2)

of section 29;

(zc) the an er of r ferri g an peal to the ommission for proval of the e der -section (5) of section 29;

(zd) the areas in respect of hich criteria ay be ed der the r viso to section 30;

(ze) the an er of i g i i li ary action by a State edical ouncil for

fessional or ethical isconduct of i t red edical r ctit ner and the edure r i i g plaints d nces y e oard f thics d egistration r

ian st of edicine, der -section (2) of section 31;

(zf) the act of mis ion or is ion hich ounts to fessional or ethical

isconduct der clause (b) of the xplanation to section 31;

(zg) t er arti ulars to be ntained in a ational egister der

-section (/) f ti n 2;

) e , ing e t nic d e an er f aintaining e

ational egister der -section (2) of section 32;

(zi) e an er in hich y e or ualifi ati n ay e ed to, or oved

, e ational egister d e nds r oval reof, der -section (3)

f ti n 2;

(zj) the an er of teri g the title, a or alifi ati n in the State egister or the ational egister der -section (3) of section 33;

) e an er in hich, d e ri d r hich e porary istr ti n ay e

r it ed to a i n citizen der the third viso to -section (/) of section 34; (zl) e an er f g d aintaining edical alifi ati ns nted y a

niversity or edical t t n in dia der -section (/) f ti n 5;

) e an er f ining e plicati n r rant f gnition der

-section (3) of section 35;

) e an er f r ferri g n peal to e ommission r rant f gnition

der -section (5) of section 35;

) e an er f ing a edical alifi ati n in e list aintained y e

oard der -section (6) of section 35;

(zp) the an er in hich the oard of yurveda or the oard of nani, ha

d a-Rigpa shall list d aintain the edical ualifi ati ns hich ve

en nted gnition efore the date of mencement of this Act, der

-section (8) of section 35;

) e an er in hich e ommission al list d aintain e edical

alifi ati ns hich ve en nted gnition efore the date of mencement

of this Act, der -section (4) of section 36.

56. very rule and ery ulati n ade der this ct shall be laid, as n as ay be after it is ade, efore ch ouse of arl ent, hile it is in session, for a total eri d of thirty ays hich ay be prised in one si n or in o or ore ces ive sessions, d if, efore e piry f e i n mmediately o ing e i n or e ces ive i ns resaid, oth ouses ree in aking y odification in e le or ulati n or both ouses ree that the rule or ulati n uld not be ade, the rule or ulati n shall reafter ve fect nly in ch odified or e f o ffect, as e se ay e; so, wever, that any ch odification or ul ent shall be it out j dice to the validity f ything viously ne der at le or ulation.

ules d

ulations to

be laid before

r ent.

24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

57. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it be necessary, for the removing the difficulty:

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

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

58. (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, the Indian Medicine Central Council Act, 1970 shall stand repealed and the Central Council of Indian Medicine constituted under section 3 of the said Act shall 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 so repealed;

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such 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 the Chairman of that Council and every other person appointed as the Member and any officer and other employees of the Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:

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

Provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the Central Council of Indian Medicine employed on regular basis or on contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of the Central Council and shall be entitled to such compensation for the premature termination of his employment, 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 practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the Indian Medicine Central Council Act, 1970 which are in force as on the date of commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder.

59. (1) The Commission shall be the successor in interest to the Central Council of Indian Medicine including its subsidiaries or owned trusts and all the assets and liabilities of Transitory

provisions.

Repeal and

saving.

48 of 1970.

Power to

remove

difficulties.

wer to

ove

difficulties.

epeal d

ing.

ransitory

r visions.

4 E ZET E F N IA ORDINARY Parr

7. (1) If y i ulty i es in i i g ect to e visions f is ct, e entral overnment ay, by order bli ed in the Official azette, ake ch visions not n nsistent with the visions of this ct as ay pear to it be ces ary, for the oving e i i ulty:

r vided that no order shall be ade der this section after the piry of a eri d of o years o the mencement of this Act.

(2) very order ade der this section shall be laid, as n as ay be after it is ade, efore ch use of arl ent.

58. (/) ith effect such date as the entral overnment ay, by notification, point in this ehalf, e ian edicine entral ouncil ct, 70 al d ealed and the entral ouncil of ian edicine nstit ted der section 3 of the said ct shall stand lved.

(2) otwithstanding the repeal of the Act referred to in -section (J), it shall not —

(a) the vious eration of the ct so ealed or ything duly ne or red nder;

(b) y ht, ri ilege, li ati n or ility quired, r ed or rred der the Act so ealed;

(d) y eeding or edy in ect f y ch ht, ri ilege, li ation, liability, nalty as aforesaid, and any ch eeding or edy ay be instituted, t ed or forced, and any such enalty ay be mposed as if that ct had not en ealed.

(3) n the luti n of the entral ouncil of ian edicine, the rson ointed as the hai an of that ouncil and ery other rson ointed as the ember and any officer and other ploye s of the ouncil and lding office as such mmediately efore such luti n shall cate their ective offices and ch hai an and other embers shall be entitled to pensation not eeding three onths' pay and o ances for e ature e ination f f eir ffi e or f y ntract f rvice:

r vided that any officer or other ploye ho has been, mmediately efore the luti n of the entral ouncil of ian edicine ointed on putation basis to the entral ouncil f ian edicine, all, n ch olution, d erted to eir arent dre, inistry or epartment, as e se ay be:

r vided further that any officer, expert, fessional or other ploye ho has been, mmediately efore the luti n of the entral ouncil of ian edicine ployed on regular basis or on ntractual basis by the ouncil, shall cease to be ch officer, expert, fessional or other ploye s of the entral ouncil d shall be entitled to ch pensation for the ature e ination of his ployment, hich shall not be less than three onths' pay and o ances, as ay be r scribed.

(4) otwithstanding the repeal of the r said act ent, any order ade, any licence to practice issued, any registration ade, any r is ion to start edical institution or to start her urse of studies or to r ase in the is ion pacity nted, any gnition of edical alifi ati ns r nted, der the ian edicine entral ouncil Act, 1 70 hich are in force as on the date of mencement of this ct shall nti ue to be in rce till e ate f eir piry r all rposes, as if y ad en ed or nted der the visions of this Act or the rules or ulati ns ade under.

59. (1) he ommission shall be the ces or in interest to the entral ouncil of ian edicine ing its bsidiaries or ned sts d all e sets d ilities f 48 of 70.

48 of 0.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

the 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, the Medical standards, requirements and other provisions of the Indian Medicine Central Council Act, 1970 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or 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 requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless 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 smooth transition of the dissolved Central Council of Indian Medicine to the corresponding to new Commission under this Act.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India. 48 of 1970.

MGIPMRND—731GI—21-09-2020. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. ec. 1] E ZET E F N IA ORDINARY 5

the entral ouncil of ian edicine shall be ed to ve en a f rred to the ommission.

48 of 70. (2) otwithstanding the repeal of the ian edicine entral ouncil Act, 1970, the edical dards, i ents d t er visions f e ian edicine entral ouncil Act, 1 70 and the rules and ulati ns ade nder shall nti ue to be in force and erate till ards or i ents are ecified der this ct or the rules and ulati ns ade under:

r vided that ything ne or any action taken as ards the edical a ards and i ents der the t ent der repeal and the rules and ulati ns ade h nder shall be ed to ve en ne or en der the nding vision of this Act and shall nti ue in force rdingly unless and until er ded by ything or by any action en der this Act.

(3) he entral overnment ay e ch propriate easure as ay e ces ary for o th transition of the l ed entral ouncil of Indian edicine to the nding to ommission der this Act.

R. G. RAYANA AJU,

cretary to the Govt. of India. ADED Y E ANAGER, ERNMENT F IA ES , I TO AD, W ELHI-1 0 2 ND LI ED Y E TROL ER F BLICATIONS, ELHI-110054.

SUBIR

NARAYAN

I RND—731GI—21-09 20 . CARAI

Maharashtra act 014 of 2020 : The National Commission for Indian System of Medicine Act 2020

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