THE INDIAN MEDICAL COUNCIL ACT, 1956

Year : 1956

[Act, No.102 of 1956]
[30th December, 1956]

 PREAMBLE

An Act to provide for the reconstitution of the Medical Council of India, and the maintenance of a Medical Register for India and for matters connected therewith.

BE it enacted by Parliament, in the Seventh Year of the Republic of India as follows:-

Section -1 Short title, extent and commencement

(1)This Act may be called The Indian Medical Council Act, 1956.

(2)It extends  to the whole of India 1 [***].

(3)It shall come into force on such date 2* as the Central Government may, by notification in the Official Gazette, appoint.

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1.The words "except the State of Jammu and Kashmir" omitted by Act 24 of 1964.

2.The appointed date is 01.11.1958 vide Notification No.  S.O.2254, dated 28.10.1958.
 
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Section -2 Definition

In this Act, unless the context otherwise requires,-

(a) "Approved institution" means a hospital, health center or other such institution recognised by a University as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him;

(b) "Council" means the Medical Council of India constituted under this Act;

(c) 1 [***];

(d) "Indian Medical Register" means the medical register maintained by the Council;

(e) "Medical institution" means any institution, within or without India, which grants degrees, diplomas or licences in medicine;

(f) "Medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;

(g) "Prescribed" means prescribed by regulations;

(h) "Recognised medical qualification" means any of the medical qualifications included in the Schedules;

(i) "Regulation" means a regulation made under section 33;

(j) "State Medical Council" means a medical council constituted under any law for the time being in force in any State regulating the registration of practitioners of medicine;

(k) "State Medical Register" means a register maintained under any law for the time being in force in any state regulating the registration of practitioners of medicine;

(l) "University" means any. University in India established by law and having a medical faculty,

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1. Omitted by Act 24 of 1964, w.e.f 16.06.1964.
 
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Section -3 Constitution and composition of the Council

(1) The Central Government shall cause to be constituted a Council consisting of the following members namely:

(a) One member from each State other than a Union Territory, to be nominated by the Central Government in consultation with the State Government concerned;

(b) One member from each University, to be elected from amongst the members of the medical faculty of the University by members of the Senate of the University or in case the University has no senate, by members of the Court;

(c) One member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled on such Register who possess the medical qualifications included in the First or the Second Schedule or in Part II of the Third Schedule;

(d) Seven members to be elected from amongst themselves by persons enrolled on any of the State Medical Registers who possess the medical qualifications included in Part I of the Third Schedule;

(e) Eight members to be nominated by the Central Government.

(2) The President and Vice-President of the Council shall be elected by the members of the Council from amongst themselves.

(3) No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.

3A - Power of Central Government to supersede the Council and to constitute a Board of Governors

1[(1) On and from the date of commencement of the Indian Medical Council (Amendment) Act, 2010, the Council shall stand superseded and the President, Vice-President and other members of the Council shall vacate their offices and shall have no claim for any compensation, whatsoever.

(2) The Council shall be reconstituted in accordance with the provisions of section 3 within a period of 2*[three years] from the date of supersession of the Council under sub-section (1).

(3) Upon the supersession of the Council under sub-section (1) and until a new Council is constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall exercise the powers and perform the functions of the Council under this Act.

(4) The Central Government shall, by notification in the Official Gazette, constitute the Board of Governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may be either nominated members or members, ex officio, to be appointed by the Central Government, one of whom shall be named by the Central Government as the Chairperson of the Board of Governors.

(5) The Chairperson and the other members, other than the members, ex officio, shall be entitled to such sitting fee and travelling and other allowances as may be determined by the Central Government.

(6) The Board of Governors shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as is applicable to the Council.

(7) Two-third of the members of the Board of Governors shall constitute the quorum for its meetings.

(8) No act or proceedings of the Board of Governors shall be invalid merely by reason of-

(a) Any vacancy in, or any defect in the constitution of, the Board of Governors; or

(b) Any irregularity in the procedure of the Board of Governors not affecting the merits of the case.

(9) A member having any financial or other interest in any matter coming before the Board of Governors for decision shall disclose his interest in the matter before he may, if allowed by the Board of Governors, participate in such proceedings.

(10) The Chairperson and the other members of the Board of Governors shall hold office during the pleasure of the Central Government.]
 
3B - Certain modifications of the Act

3*[During the period when the Council stands superseded,-

(a) The provisions of this Act shall be construed as if for the word "Council", the words "Board of Governors" were substituted;

(b) The Board of Governors shall-

(i) Exercise the powers and discharge the functions of the Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the modification that references therein to the Council shall be construed as references to the Board of Governors;

(ii) Grant independently permission for establishment of new medical colleges or opening a new or higher course of study or training or increase in admission capacity in any course of study or training referred to in section 10A or giving the person or college concerned a reasonable opportunity of being heard as provided under section 10A without prior permission of the Central Government under that section, including exercise of the power to finally approve or disapprove the same; and

(iii) Dispose of the matters pending with the Central Government under section 10A upon receipt of the same from it.]
 
3C - Power of Central Government to give directions

3*[(1) Without prejudice to the provisions of this Act, the Board of Governors or the Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:

(2) The decision of the Central Government whether a question is a matter of policy or not shall be final.]
 
 
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1. Inserted by the Indian Medical Council (Amendment) Act, 2010 (Act No. 32 of 2010) w.e.f. 15.05.2010.

1A. Substituted by the Indian Medical Council (Amendment) Act, 2011 w.e.f 10.05.20111 for the following : - "one year"

2. Substituted by the Indian Medical Council (Amendment) Act, 2012 w.e.f. 15.05.2012 for the following : - "1A[two years]"
 
3. Inserted by the Indian Medical Council (Amendment) Act, 2010 (Act No. 32 of 2010) w.e.f. 15.05.2010.

 
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Section -4 Mode of election

(1) An election under clause (b), clause (c) or clause (d) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf, and any rules so made may provide that pending the preparation of the Indian Medical Register in accordance with the provisions of this Act, the members referred to in clause (d) of sub-section (l) of section 3 may be nominated by the Central Government instead of being elected as provided therein.

(2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government whose decision shall be final.

Section -5 Restrictions on nomination and membership

(1) No person shall be eligible for nomination under clause (a) of sub-section (1) of section 3 unless he possesses any of the medical qualifications included in the First and Second Schedules, resides in the State concerned, and, where a State Medical Register is maintained in that State, is enrolled on that register.

(2) No person may at the same time serve as a member in more than one capacity.

Section -6 Incorporation of the Council

The Council so constituted shall be a body corporate by the name of the Medical Council of India, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Section -7 Term of office of President, Vice-President and members

(1) The President or Vice-President of the Council shall hold office for a term not exceeding beyond the expiry of his term as member of the Council.

(2) Subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer.

(3) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council or, in the case of a member elected under cl. (b) of sub-section (1) of section 3, if he ceases to be a member of the medical faculty of the University concerned, or in the case of a member elected under clause (c) or clause (d) of that sub-section, if he ceases to be a person enrolled on the State Medical Register concerned.

(4) A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.

(5) Members of the Council shall be eligible for re-nomination or re-election.

(6) Where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires but he shall not assume office until the said term has expired.

Section -8 Meetings of the Council

(1) The Council shall meet at least once in each year at such time and place as may be appointed by the Council.

(2) Unless otherwise provided by regulations, fifteen members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.

Section -9 Officers, committees and servants of the Council

(1) Constitute from amongst its members an Executive Committee and such other Committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act;

(2) Appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer;

(3) Employ such other persons as the Council deems necessary to carry out the purposes of this Act;

(4) Require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Council deems necessary; and

(5) With the previous sanction of the Central Government, fix the remuneration and allowances to be paid to the President, Vice-President and members of the Council and determine the conditions of service of the employees of the Council.

Section -10 The Executive Committee

(1) The Executive Committee, hereinafter referred to as the Committee, shall consist of the President and Vice-President, who shall be members ex office, and not less than seven and not more than ten other members who shall be elected by the Council from amongst its members.

(2) The President and Vice-President shall be the President and Vice-President respectively of the Committee.

(3) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.

10A - Permission for establishment of new medical college, new course of study, etc.

(1) Notwithstanding anything contained in this Act or any other law for the time being in force-

(a) No person shall establish a medical college; or

(b) No medical college shall-

(i) Open a new or higher course of study or training (Including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or

(ii) Increase its admission capacity in any course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

(2) (a) Every person or medical college shall, for the purpose of obtaining permission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the Central Government shall refer the scheme to the Council for it recommendations.

(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with a such fee as may be prescribed.

(3) On receipt of a scheme by the Council under sub-action (2), the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may,-

(a) If the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council;

(b) Consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government.

(4) The Central Government- may, after considering the scheme and the recommendations of the Council under sub-section (3) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-section (1):

PROVIDED that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard:

PROVIDED FURTHER that nothing in this sub-section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (2).

(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (2) no order passed by the Central Government has been communicated to the person or college submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it had been submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.

(6) In computing the time-limit specified in sub-section (5), the time taken by the person or college concerned submitting the scheme, in furnishing any particulars celled for by the Council, or by the Central Government, shall be excluded.

(7) The Council, while making its recommendations under clause (b) of sub-section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely:

(a) Whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Council under section 19A or, as the case may be, under section 20 in the case of post-graduate medical education;

(b) Whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase its admission-capacity has adequate financial resources;

(c) Whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the medical college or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;

(d) Whether adequate hospital facilities, having regard to the number of students likely to attend such medical college or course of study or training or as a result of the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;

(e) Whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical college or course of study or training by person having the recognised medical qualifications;

(f) The requirement of manpower in the field of practice of medicine; and

(g) Any other factors as may be prescribed.

(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or college concerned.

10B - Non-recognition of medical qualifications in certain cases

(1) Where any medical college is established except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college shall be recognised medical qualification for the purpose of this Act.

(2) Where any medical college opens a new or higher course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of such study or training shall be a recognised medical qualification for the purposes of this Act.

(3) Where any medical college increases its admission capacity in any course of study or training except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of the increase in its admission capacity shall be a recognised medical qualification for the purposes of this Act.

10C - Time for seeking permission for certain existing medical colleges, etc.

(1) If, after the 1st day of June, 1992 and on and before the commencement of the Indian Medical Council (Amendment) Act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or medical college, as the case may be, shall seek, within a period of one year from the commencement of the Indian Medical Council (Amendment) Act, 1993, the permission of the Central Government in accordance with the provisions of section 10A.

(2) If any person or medical college, as the case may be, fails to seek the permission under sub-section (1), the provisions of section 10B shall apply, so far as may be, as if, permission of the Central Government under section 10A has been refused.

Section -11 Recognition of medical qualifications granted by Universities or medical institutions in India

(1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.

Section -12 Recognition of medical qualifications granted by medical institutions in countries with which there is a scheme of reciprocity

(1) The medical qualifications granted by medical institutions outside India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) The Council may enter into negotiations with the Authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of medical practitioners, for the settling of a scheme of reciprocity for the recognition of medical qualifications and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette amend the Second Schedule so as to include therein the medical qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.

(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date.

(4) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any Authority referred to in sub-section (2) and that Authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification.

Section -13 Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the First or Second Schedule

(1) The medical qualifications granted by medical institutions in India which are not included in the First Schedule and which are included in Part I of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act.

(2) The medical qualifications granted to a citizen of India-

(a) Before the 15th day of August, 1947, by medical institutions in the territories now forming part of Pakistan, and

(b) Before the first day of April, 1937 by medical institutions in the territories now forming part of Burma, which are included in Part I of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act.

(3) The medical qualifications granted by medical institutions outside India1*[before such date as the Central Government may, by notification in the Official Gazette, specify] which are included in Part II of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act, but no person possessing any such qualification shall be entitled to enrolment on any State Medical Register unless he is a citizen of India and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country2[***] granting the qualification, or if he has not undergone any practical training in that country,2[***], he has undergone such practical training as may be prescribed.

(4) The Central Government, after consulting the Council, may be notification in the Official Gazette, amend Part II of the Third Schedule so as to include therein any qualification granted by a medical institution outside India which is not included in the Second Schedule.

1*[Provided that after the commencement of the Indian Medical Council (Amendment) Act, 2001, no such amendment shall be made in Part II of the Third Schedule to include any primary medical qualification granted by any medical institution outside India:

Provided further that nothing contained in the first proviso shall apply to inclusion in Part II of the Third Schedule any primary medical qualification granted by any medical institution outside India to any person whose name is entered in the Indian Medical Register.

Explanation. -For the purposes of this sub-section, "primary medical qualification" means any minimum qualification sufficient for enrollment on any State Medical Register or for entering the name in the Indian Medical Register.]

1*["(4A) A person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognized for enrollment as medical practitioner in that country after such date as may be specified by the Central Government under sub-section (3), shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Register unless he qualifies the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognised medical qualification for the purposes of this Act for that person.

(4B) A person who is a citizen of India shall not, after such date as may be specified by the Central Government under sub-section (3), be eligible to get admission to obtain medical qualification granted by any medical institution in any foreign country without obtaining an eligibility certificate issued to him by the Council and in case any such person obtains such qualification without obtaining such eligibility certificate, he shall not be eligible to appear in the screening test referred to in sub-section (4A):

Provided that an Indian citizen who has acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution before the commencement of the Indian Medical Council (Amendment) Act, 2001 shall not be required to obtain eligibility certificate under this sub-section but, if he is qualified for admission to any medical course for recognized medical qualification in any medical institution in India, he shall be required to qualify only the screening test prescribed for enrollment on any State Medical Register or for entering his name in the Indian Medical Register.

(4C) Nothing contained in sub-sections (4A) and (4B) shall apply to the medical qualifications referred to in section 14 for the proposes of that section."]

(5) Any medical institution in India which is desirous of getting a medical qualification granted by it included in Part I of the Third Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend Part I of the Third Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of Part I of the Third Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.

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1. Inserted by The Indian Medical Council (Amdt) Act, 2001 w.e.f. 03.09.2001.

2. The words "or State" omitted by Act 24 of 1964 w.e.f 16.06.1964.
 
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Section -14 Special provision in certain cases for recognition of medical qualification granted by medical institutions in countries with which there is no scheme of reciprocity

(1)The Central Government after consultation with the Council may, by notification in the Official Gazette, direct that medical qualifications granted by medical institutions in any 1 [***] country outside India in respect of which a scheme of reciprocity for the recognition of medical qualifications is not in force, shall be recognised medical qualifications for the purposes of this Act or shall be so only when granted after a specified date:

2*[Provided that medical practice by persons possessing such qualifications-

(a) Shall be permitted only if such persons are enrolled as medical practitioners in accordance with the law regulating the registration of medical practitioners for. the time being in force in that country;

(b) Shall be limited to the institution to which they are attached for the time being for the purposes of teaching, research or charitable work; and

(c) Shall be limited to the period specified in this behalf by the Central Government by general or special order.]

(2)In respect of any such medical qualification, the Central Government, after consultation with the Council, may, by notification  in the Official Gazette, direct that it shall be a recognised medical qualification only when granted before a specified date.

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1.The words 'State or' omitted by Act 24 of 1964 w.e.f 16.06.1964.

2.Substituted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f16.06.1964.
 
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Section -15 Right of persons possessing qualifications in the Schedules to be enrolled

1*[(1)] Subject to the other provisions contained in this Act, the medical qualifications included in the Schedule shall be sufficient qualification for enrolment on any State Medical Register.

1*[(2) Save as provided in section 25, no person other than a medical practitioner enrolled on a State Medical Register,-

(a) Shall hold office as physician or surgeon or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority.

(b) Shall practice medicine in any State;

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

(d) Shall be entitled to give evidence at any inquest or in any Court of Law as an expert under Section 45 of the Evidence Act, 1872-or on any matter relating to medicine.

(3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.]

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1. Original section 15 re-numbered as sub-section (1) thereof and sub-sections (2) and (3) inserted thereafter by Act 24 of 1964 w.e.f 16.06.1964.
 
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Section -16 Power to require information as to courses of study and examinations

Every University or medical institution in India which grants a recognised medical qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.

Section -17 Inspection of examinations

1*[(1) The Committee shall appoint such number of medical inspectors as it may deem requisite to inspect any medical institution, college, hospital or other institution, where medical education is given, or to attend any examination held by any University or medical institution for the purpose of recommending to the Central Government recognition of medical qualifications granted by that University of medical institution.

(2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of medical education including staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the efficiency of every examination which they attend.]

(3) The Committee shall forward a copy of any such report lo the University or medical institution concerned, and shall also forward a copy with the remarks of the University or institution thereon, to the Central Government.

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1. Substituted by the Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f 16.06.1964.
 
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Section -18 Visitors at examinations

1*[(1) The Council may appoint such number of visitors as it may deem requisite to inspect any medical institution, college, hospital or other institution where medical education is given or to attend any examination held by any University or medical institution for the purpose of granting recognised medical qualifications.]

(2) Any person, whether he is a member of the Council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under Section 17-for any2*[inspection or examination] shall not be appointed as a visitor for the same2*[inspection or examination.]

2*[(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President of the Council on the adequacy of the standards of medical education including staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the sufficiency of every examination which they attend.]

(4) The report of a visitor shall be treated as confidential unless in any particular case the President of the Council otherwise directs:

Provided that if the Central Government requires a copy of the report of a visitor, the Council shall furnish the same.

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1. Substituted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f 16.06.1964.

2. Substituted for the word 'examination', by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f 16.06.1964.
 
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Section -19 Withdrawal of recognition

1*[(1) When upon resort by the Committee or the visitor, it appears to the Council -

(a) That the course of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, any University or medical institution, or

(b) That the-staff, equipment, accommodation, training and other facilities for instruction and training provided in such University or medical institution or in any College or other institution affiliated to that University, do not conform to the standards prescribed by the Council the Council shall make a representation to that effect to the Central Government.]

(2) After considering such representation, the Central Government may send it to the State Government of the State in which the University or medical institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the University or medical institution, with an intimation of the period within which the University or medical institution may submit its explanation to the State Government.

(3) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendations to the Central Government.

(4) The Central Government after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date,2*[or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be a recognised medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be a recognised medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date.]

19A - 2* Minimum standards of medical education

(1) The Council may prescribe the minimum standards of medical education required for granting recognised medical qualifications (other than post-graduate medical qualifications) by Universities or medical institutions in India.

(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to all State Governments and the Council shall, before submitting the regulations or amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of copies aforesaid.

(3) The Committee shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit.]

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1. Substituted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f 16.06.1964.

2. Inserted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964) w.e.f 16.06.1964.

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Section -20 Post-graduate Medical Education Committee for assisting Council in matters relating to post-graduate medical education

(1) The Council may prescribe standards of post-graduate medical education for the guidance of Universities, and may advise Universities-in the matter of securing uniform standards for post-graduate medical education throughout India, and for this purpose the Central Government may constitute from among the members of the Council a Post-graduate. Medical Education Committee (hereinafter referred to as the Post-graduate Committee)

(2) The Post-graduate Committee shall consist of nine members all of whom shall be. persons possessing post-graduate medical qualifications and experience of teaching or examining post-graduate students of medicine.

(3) Six of the members of the Post-graduate Committee shall be nominated by the Central Government and the remaining three members shall be elected by the Council from amongst its members.

(4) For the purpose of considering Post-graduate studies in a subject, the Post-graduate Committee may co-opt, as and when necessary, one or more members qualified to assist it in that subject.

(5) The views and recommendations of the Post-graduate Committee on all matters shall be placed before the Council; and if the Council does not agree with the views expressed or the recommendations made by the Post-graduate Committee on any matter, the Council shall forward them together with its observations to the Central Government for decision.

20A - 1* Professional conduct

(1) The Council may prescribe the standards of professional conduct and etiquette and a code of ethics for medical practitioners.

(2) Regulations made by Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is no say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.]

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1. Inserted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964), w.e.f 16.06.1964.
 
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Section -21  The Indian Medical Register

(1) The Council shall cause to be maintained in the prescribed manner a register of medical practitioner to be known as the Indian Medical Register, which shall contain the names of all persons who are for any time being enrolled on any State Medical Register and who possess any of the recognised medical qualifications.

(2) It shall be the duty of the Registrar of the Council to keep the Indian Medical Register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed.

(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the Gazette of India.

Section -22 Supply of copies of the State Medical Registers

Each State Medical Council shall supply to the Council 1*[six] printed copies of the State Medical Register as soon as maybe after the commencement of this Act and subsequently after the first day of April of each year, and each Registrar of a State Medical Council shall inform the Council without delay of all additions to and other amendments in the State Medical Register made from time to time.

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1.Substituted by the Indian Medical Council (Amendment) Act, 1964 (Act 24 of 1964), w.e.f16.06.1964.
 
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Section -23 Registration in the Indian Medical Register

The Registrar of the Council may, on receipt of the report of registration of a person in a State Medical Register or on application made in the prescribed manner by any such person, enter his name in the Indian Medical Register.

Provided that the Registrar is satisfied that the person concerned possesses a recognised medical qualification.

Section -24 Removal of names from the Indian Medical Register

(1)If the name of any person enrolled on a State Medical Register is removed therefrom in pursuance of any power conferred by or under any law relating to registration of medical practitioner for the time being in force in any State, the Council shall direct the removal of the name of such person from the Indian Medical Register.

(2)Where the name of any person has been removed from a State Medical Register 1*[on the ground of professional misconduct or any other ground except that he is not possessed of the requisite medical qualifications] or where any application made by the said person for restoration of his name to the State Medical Register has been rejected, he may appeal in the prescribed manner and subject to such conditions including conditions as to the payment of a fee as may be laid down in rules made by the Central Government in this behalf to the Central Government, whose decision which shall be given after consulting the Council, shall be binding on the State Government and on the authorities concerned with the preparation of the State Medical Register.

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1.Substituted for the words "on any ground other than that he is not possessed of the requisite medical qualifications" by the Indian Medical Council (Amendment)Act, 1964 (Act 24 of 1964), w.e.f 16.06.1964.
 
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