AS INTRODUCED IN LOK SABHA

Bill No. 185 of 2019

THE NATIONAL MEDICAL COMMISSION BILL, 2019

——————
ARRANGEMENT OF CLAUSES
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CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
THE NATIONAL MEDICAL COMMISSION
3. Constitution of National Medical Commission.
4. Composition of Commission.
5. Search Committee for appointment of Chairperson and Members.
6. Term of office and conditions of service of Chairperson and Members.
7. Removal of Chairperson and Member of Commission.
8. Appointment of Secretary, experts, professionals, officers and other employees
of Commission.
9. Meetings, etc., of Commission.
10. Powers and functions of Commission.

CHAPTER III
THE MEDICAL ADVISORY COUNCIL
11. Constitution and composition of Medical Advisory Council.
12. Functions of Medical Advisory Council.
13. Meetings of Medical Advisory Council.

CHAPTER IV
NATIONAL EXAMINATION
14. National Eligibility-cum-Entrance Test.
15. National Exit Test.

CHAPTER V
AUTONOMOUS BOARDS
16. Constitution of Autonomous Boards.
 (ii)

CLAUSES

17. Composition of Autonomous Boards.

18. Search Committee for appointment of President and Members.
19. Term of office and conditions of service of President and Members.
20. Advisory Committees of Experts.
21. Staff of Autonomous Boards.
22. Meetings, etc., of Autonomous Boards.
23. Powers of Autonomous Boards and delegation of powers.
24. Powers and functions of Under-Graduate Medical Education Board.
25. Powers and functions of Post-Graduate Medical Education Board.
26. Powers and functions of Medical Assessment and Rating Board.
27. Powers and functions of Ethics and Medical Registration Board.
28. Permission for establishment of new medical college.
29. Criteria for approving or disapproving scheme.
30. State Medical Councils.
31. National Register and State Register.
32. Mid-level medical practioners.
33. Rights of persons to have licence to practice and to be enrolled in National
Register or State Register and their obligations thereto.
34. Bar to practice.

CHAPTER VI
RECOGNITION OF MEDICAL QUALIFICATIONS

35. Recognition of medical qualifications granted by Universities or medical

institutions in India.
36. Recognition of medical qualifications granted by medical institutions outside
India.
37. Recognition of medical qualifications granted by statutory or other body in
India.
38. Withdrawal of recognition granted to medical qualification granted by medical
institutions in India.
39. Derecognition of medical qualifications granted by medical institutions outside
India.
40. Special provision in certain cases for recognition of medical qualifications.

CHAPTER VII
GRANTS, AUDIT AND ACCOUNTS
41. Grants by Central Government.
42. National Medical Commission Fund.
43. Audit and accounts.
 (iii)

CLAUSES

44. Furnishing of returns and reports to Central Government.

CHAPTER VIII
MISCELLANEOUS
45. Power of Central Government to give directions to Commission and Autonomous
Boards.
46. Power of Central Government to give directions to State Governments.
47. Information to be furnished by Commission and publication thereof.
48. Obligation of universities and medical institutions.
49. Completion of courses of studies in medical institutions.
50. Joint sittings of Commission, Central Councils of Homoeopathy and Indian
medicine to enhance interface between their respective Systems of Medicine.
51. State Government to promote primary healthcare in rural areas.
52. Chairperson, Members, officers of Commission and of Autonomous Boards to
be public servants.
53. Protection of action taken in good faith.
54. Cognizance of offences.
55. Power of Central Government to supersede Commission.
56. Power to make rules.
57. Power to make regulations.
58. Rules and regulations to be laid before Parliament.
59. Power to remove difficulties.
60. Repeal and saving.
61. Transitory provisions.
THE SCHEDULE.
 1

AS INTRODUCED IN LOK SABHA

Bill No. 185 of 2019

THE NATIONAL MEDICAL COMMISSION BILL, 2019

A

BILL
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 in all parts of the country; that promotes equitable and universal
healthcare that encourages community health perspective and makes services
of medical professionals accessible to all the citizens; that promotes national
health goals; that encourages 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 for India and enforces high ethical standards
in all aspects of medical services; that is flexible to adapt to changing needs
and has an effective grievance redressal mechanism and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—

CHAPTER I
PRELIMINARY
5 1. (1) This Act may be called the National Medical Commission Act, 2019. Short title,
extent and
(2) It extends to the whole of India. commencement.

(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for
 2

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.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "Autonomous Board" means any of the Autonomous Boards constituted 5
under section 16;
(b) "Chairperson" means the Chairperson of the National Medical
Commission appointed under section 5;
(c) "Commission" means the National Medical Commission constituted under
10
section 3;
(d) "Council" means the Medical Advisory Council constituted under
section 11;
(e) " Ethics and Medical Registration Board" means the Board constituted
under section 16;
(f) "health University" means a University specialised in affiliating 15
institutions engaged in teaching medicine, medical and health sciences and
includes a medical University and University of health sciences;
(g) "licence" means a licence to practice medicine granted under
sub-section (1) of section 33;
(h) "Medical Assessment and Rating Board" means the Board constituted 20
under section 16;
(i) "medical institution" means any institution within or outside India which,
grants degrees, diplomas or licences in medicine and include affiliated colleges
and deemed to be Universities;
(j) "medicine" means modern scientific medicine in all its branches and 25
includes surgery and obstetrics, but does not include veterinary medicine and
surgery;
(k) "Member" means a Member of the Commission appointed under
section 5 and includes the Chairperson thereof;
(l) "National Board of Examination" means the body registered as such 30
under the Societies Registration Act, 1860 which grants broad-speciality and 21 of 1860.
super-speciality qualifications referred to in the Schedule;
(m) "National Register" means a National Medical Register maintained by
the Ethics and Medical Registration Board under section 31;
(n) "notification" means notification published in the Official Gazette and 35
the expression "notify" shall be construed accordingly;
(o) "Post-Graduate Medical Education Board" means the Board
constituted under section 16;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "President" means the President of an Autonomous Board appointed 40
under section 18;
(r) "recognised medical qualification" means a medical qualification
recognised under section 35 or section 36 or section 37 or section 40, as the case
may be;
(s) "regulations" means the regulations made by the Commission under this 45
Act;
 3

(t) "Schedule" means the Schedule to this Act;

(u) "State Medical Council" means a medical council 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 medicine in that State or Union territory;
5 (v) "State Register" means a register maintained under any law for the time
being in force in any State or Union territory for registration of practitioners of
medicine;
(w) "Under-Graduate Medical Education Board" means the Board constituted
under section 16;
10 (x) "University" shall have the same meaning as assigned to it in clause (f)
3 of 1956. of section 2 of the University Grants Commission Act, 1956 and includes a health
University.

CHAPTER II
THE NATIONAL MEDICAL COMMISSION
15 3. (1) The Central Government shall constitute a Commission, to be known as the Constitution
National Medical Commission, to exercise the powers conferred upon, and to perform of National
Medical
the functions assigned to it, under this Act. Commission.
(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
20 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 to be appointed by Composition
the Central Government, namely:— of
Commission.
25 (a) a Chairperson;
(b) ten ex officio Members; and
(c) fourteen part-time Members.
(2) The Chairperson shall be a medical professional of outstanding ability,
proven administrative capacity and integrity, possessing a postgraduate degree in any
30 discipline of medical sciences from any University and having experience of not less
than twenty years in the field of medical sciences, out of which at least ten years shall
be as a leader in the area of medical education.
(3) The following persons shall be the ex officio Members of the Commission,
namely:—
35 (a) the President of the Under-Graduate Medical Education Board;
(b) the President of the Post-Graduate Medical Education Board;
(c) the President of the Medical Assessment and Rating Board;
(d) the President of the Ethics and Medical Registration Board;
(e) the Director General of Health Services, Directorate General of Health
40 Services, New Delhi;
(f) the Director General, Indian Council of Medical Research;
(g) a Director of any of the All India Institutes of Medical Sciences, to be
nominated by the Central Government;
 4

(h) two persons from amongst the Directors of Postgraduate Institute of

Medical Education and Research, Chandigarh; Jawaharlal Institute of
Postgraduate Medical Education and Research, Puducherry; Tata Memorial
Hospital, Mumbai; North Eastern Indira Gandhi Regional Institute of Health and
Medical Sciences, Shillong; and All India Institute of Hygiene and Public Health, 5
Kolkata; to be nominated by the Central Government; and
(i) one person to represent the Ministry of the Central Government dealing
with Health and Family Welfare, not below the rank of Additional Secretary to the
Government of India, to be nominated by that Ministry.
(4) The following persons shall be appointed as part-time Members of the 10
Commission, namely:—
(a) three Members to be appointed from amongst persons of ability, integrity
and standing, who have special knowledge and professional experience in such
areas including management, law, medical ethics, health research, consumer or
patient rights advocacy, science and technology and economics; 15

(b) six Members to be appointed on rotational basis from amongst the

nominees of the States and Union territories, under clauses (c) and (d) of
sub-section (2) of section 11, in the Medical Advisory Council for a term of two
years in such manner as may be prescribed;
(c) five members to be appointed from amongst the nominees of the States 20
and Union territories, under clause (e) of sub-section (2) of section 11, in the
Medical Advisory Council for a term of two years in such manner as may be
prescribed.
Explanation.—For the purposes of this section and section 17, the term
"leader" means the Head of a Department or the Head of an organisation. 25
Search 5. (1) The Central Government shall appoint the Chairperson, part-time Members
Committee referred to in clause (a) of sub-section (4) of section 4 and the Secretary referred to in
for
appointment
section 8 on the recommendation of a Search Committee consisting of—
of (a) the Cabinet Secretary—Chairperson;
Chairperson
and Members. (b) three experts, possessing outstanding qualifications and experience of 30
not less than twenty-five years in the field of medical education, public health
education and health research, to be nominated by the Central Government—
Members;
(c) one expert, from amongst the part-time Members referred to in clause (c)
of sub-section (4) of section 4, to be nominated by the Central Government in 35
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 management or law or economics or
science and technology, to be nominated by the Central Government—Member;
and 40

(e) the Secretary to the Government of India in charge of the Ministry of

Health and Family Welfare, to be the Convenor—Member.
(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 45
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) The Search Committee shall, before recommending any person for appointment
as the Chairperson or a Member of the Commission, satisfy itself that such person 50
 5

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.
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 the part-time Members, other than the part-time Term of
Members appointed under clauses (b) and (c) of sub-section (4) of section 4, shall hold office and
conditions of
office for a term not exceeding four years and shall not be eligible for any extension or
service of
10 re-appointment: Chairperson
and Members.
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.
15 (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 salaries and allowances payable to, and other terms and conditions of
20 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 to the Central Government a
notice of not less than three months; or
25 (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 be allowed to continue beyond three months until a successor is appointed, if the
Central Government so decides.
30 (6) The Chairperson and every member of the Commission shall make declaration
of his assets and his 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.
35 (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,
whose matter has been dealt with by such Chairperson or Member, directly or indirectly:
Provided that nothing herein shall be construed as preventing such person from
40 accepting an employment in a body or institution, including medical institution,
controlled or maintained by the Central Government or a State Government:
Provided further that nothing herein shall prevent the Central Government from
permitting the Chairperson or a Member to accept any employment in any capacity,
including as a consultant or expert in any private medical institution whose matter
45 has been dealt with by such Chairperson or Member.
 6

Removal of 7. (1) The Central Government may, by order, remove from office the Chairperson
Chairperson or any other Member, who—
and Member
of (a) has been adjudged an insolvent; or
Commission.
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or 5

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

(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member; or
(f) has so abused his position as to render his continuance in office prejudicial 10
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.
Appointment 8. (1) There shall be a Secretariat for the Commission to be headed by a
of Secretary,
experts,
Secretary, to be appointed by the Central Government in accordance with the provisions 15
professionals, of section 5.
officers and
other (2) The Secretary of the Commission shall be a person of proven administrative
employees of capacity and integrity, possessing such qualifications and experience as may be
Commission. prescribed.
(3) The Secretary shall be appointed by the Central Government for a term of four 20
years and 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, for the efficient discharge of its functions under this 25
Act, appoint such officers and other employees, as it considers necessary, against the
posts created by the Central Government.
(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. 30

(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, and experience in such fields, including medical
education, public health, management, health economics, quality assurance, patient
advocacy, health research, science and technology, administration, finance, accounts 35
and law, as it deems necessary, to assist the Commission in the discharge of its functions
under this Act.
Meetings, 9. (1) The Commission shall meet at least once every quarter at such time and
etc., of place as may be appointed by the Chairperson.
Commission.
(2) The Chairperson shall preside at the meeting of the Commission, and if, for 40
any reason, the Chairperson is unable to attend a meeting of the Commission, any
other Member, being the President of an Autonomous Board, 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 45
Commission including the Chairperson shall constitute the quorum and all the acts of
the Commission shall be decided by a majority of the members, present and voting and
 7

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 (5) No act done by the Commission shall be questioned on the ground of the
existence of a vacancy in, or a defect in the constitution of, the Commission.
(6) A person who is aggrieved by any decision of the Commission except the
decision rendered under sub-section (4) of section 30 may prefer an appeal to the
Central Government against such decision within thirty days of the communication of
10 such decision.
10. (1) The Commission shall perform the following functions, namely:— Powers and
functions of
(a) lay down policies for maintaining a high quality and high standards in Commission.
medical education and make necessary regulations in this behalf;
(b) lay down policies for regulating medical institutions, medical researches
15 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) promote, co-ordinate and frame guidelines and lay down policies by
20 making necessary regulations for the proper functioning of the Commission, the
Autonomous Boards and the State Medical Councils;
(e) ensure co-ordination among the Autonomous Boards;
(f) take such measures, as may be necessary, to ensure compliance by the
State Medical Councils of the guidelines framed and regulations made under this
25 Act for their effective functioning under this Act;
(g) exercise appellate jurisdiction with respect to the decisions of the
Autonomous Boards;
(h) lay down policies and codes to ensure observance of professional ethics
in medical profession and to promote ethical conduct during the provision of
30 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
35 prescribed.
(2) All orders and decisions of the Commission shall be authenticated by the
signature of the Secretary.
(3) The Commission may delegate such of its powers of administrative and financial
matters, as it deems fit, to the Secretary.
40 (4) The Commission may constitute sub-committees and delegate such of its
powers to such sub-committees as may be necessary to enable them to accomplish
specific tasks.
 8

CHAPTER III
THE MEDICAL ADVISORY COUNCIL
Constitution 11. (1) The Central Government shall constitute an advisory body to be known as
and
composition the Medical Advisory Council.
of Medical
Advisory
(2) The Council shall consist of a Chairperson and the following members, namely:— 5
Council.
(a) the Chairperson of the Commission shall be the ex officio Chairperson
of the Council;
(b) every member of the Commission shall be the ex officio members of the
Council;
(c) one member to represent each State, who is the Vice-Chancellor of a 10
health University in that State, to be nominated by that State Government;
(d) one member to represent each Union territory, who is the Vice-Chancellor
of a health University in that Union territory, to be nominated by the Ministry of
Home Affairs in the Government of India;
(e) one member to represent each State and each Union territory from 15
amongst elected members of the State Medical Council, to be nominated by that
State Medical Council;
(f) the Chairman, University Grants Commission;
(g) the Director, National Assessment and Accreditation Council;
(h) four members to be nominated by the Central Government from amongst 20
persons holding the post of Director in the Indian Institutes of Technology,
Indian Institutes of Management and the Indian Institute of Science:
Provided that if there is no health University in any State or Union territory,
the Vice-Chancellor of a University within that State or Union territory having the
largest number of medical colleges affiliated to it shall be nominated by the State 25
Government or by the Ministry of Home Affairs in the Government of India:
Provided further that if there is no University in any Union territory, the
Ministry of Home Affairs shall nominate a member who possesses such medical
qualification and experience as may be prescribed.
Functions of 12. (1) The Council shall be the primary platform through which the States and 30
Medical
Advisory
Union territories may put forth their views and concerns before the Commission and
Council. help in shaping the overall agenda, policy and action relating to medical education and
training.
(2) The Council shall advise the Commission on measures to determine and
maintain, and to co-ordinate maintenance of, the minimum standards in all matters 35
relating to medical education, training and research.
(3) The Council shall advise the Commission on measures to enhance equitable
access to medical education.
Meetings of 13. (1) The Council shall meet at least twice a year at such time and place as may
Medical be decided by the Chairperson. 40
Advisory
Council. (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, fifty per cent. of
the members of the Council including the Chairperson shall form the quorum and all 45
acts of the Council shall be decided by a majority of the members present and voting.
 9

CHAPTER IV
NATIONAL EXAMINATION
14. (1) There shall be a uniform National Eligibility-cum-Entrance Test for National
admission to the undergraduate and postgraduate super-speciality medical education Eligibility-
cum-Entrance
5 in all medical institutions which are governed by the provisions of this Act:
Test.
Provided that the uniform National Eligibility-cum-Entrance Test for admission to
the undergraduate medical education shall also be applicable to all medical institutions
governed under any other law for the time being in force.
(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in
10 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 undergraduate and
postgraduate super-speciality seats in all the medical institutions which are governed
15 by the provisions of this Act:
Provided that the designated authority of the Central Government shall conduct
the common counselling for all India seats and the designated authority of the State
Government shall conduct the common counselling for the seats at the State level.
15. (1) A common final year undergraduate medical examination, to be known as National Exit
20 the National Exit Test shall be held for granting licence to practice medicine as medical Test.
practitioners and for enrolment in the State Register or the National Register, as the
case may be.
(2) The Commission shall conduct the National Exit Test through such designated
authority and in such manner as may be specified by regulations.
25 (3) The National Exit Test shall become operational on such date, within three
years from the date of commencement of this Act, as may be appointed by the Central
Government, by notification.
(4) Any person with a foreign medical qualification shall have to qualify National
Exit Test for the purpose of obtaining licence to practice medicine as medical practitioner
30 and for enrolment in the State Register or the National Register, as the case may be, in
such manner as may be specified by regulations.
(5) The National Exit Test shall be the basis for admission to the postgraduate
broad-speciality medical education in medical institutions which are governed under
the provisions of this Act or under any other law for the time being in force and shall
35 be done in such manner as may be specified by regulations.
(6) The Commission shall specify by regulations the manner of conducting
common counselling by the designated authority for admission to the postgraduate
broad-speciality seats in the medical institutions referred to in sub-section (5):
Provided that the designated authority of the Central Government shall conduct
40 the common counselling for All India seats and the designated authority of the State
Government shall conduct the common counselling for the seats at the State level.

CHAPTER V
AUTONOMOUS BOARDS
16. (1) The Central Government shall, by notification, constitute the following Constitution
45 Autonomous Boards, under the overall supervision of the Commission, to perform the of
Autonomous
functions assigned to such Boards under this Act, namely:— Boards.
(a) the Under-Graduate Medical Education Board;
 10

(b) the Post-Graduate Medical Education Board;

(c) the Medical Assessment and Rating Board; and
(d) the Ethics and Medical Registration Board.
(2) Each Board referred to in sub-section (1) shall be an autonomous body which
shall carry out its functions under this Act subject to the regulations made by the 5
Commission.
Composition 17. (1) Each Autonomous Board shall consist of a President and two whole-time
of Members and two part-time Members.
Autonomous
Boards. (2) The President of each Autonomous Board, three Members (including one
part-time Member) of the Under-Graduate Medical Education Board and the 10
Post-Graduate Medical Education Board, and two Members (including one part-time
Member) each of the Medical Assessment and Rating Board and the Ethics and
Medical Registration Board shall be persons of outstanding ability, proven
administrative capacity and integrity, possessing a postgraduate degree in any
discipline of medical sciences from any University and having experience of not less 15
than fifteen years in such field, out of which at least seven years shall be as a leader in
the area of medical education, public health, community medicine or health research.
(3) The third Member of the Medical Assessment and Rating Board shall be a
person of outstanding ability and integrity, possessing a postgraduate degree in any
of the disciplines of management, quality assurance, law or science and technology 20
from any University, having not less than fifteen years’ experience in such field, out of
which at least seven years shall be as a leader.
(4) The third Member of the Ethics and Medical Registration Board shall be a
person of outstanding ability who has demonstrated public record of work on medical
ethics or a person of outstanding ability possessing a postgraduate degree in any of 25
the disciplines of quality assurance, public health, law or patient advocacy from any
University and having not less than fifteen years’ experience in such field, out of which
at least seven years shall be as a leader.
(5) The fourth Member of each Autonomous Boards, being a part-time Member,
shall be chosen from amongst the elected Members of the State Medical Council in 30
such manner as may be prescribed.
Search 18. The Central Government shall appoint the President and Members of the
Committee
Autonomous Boards, except Members referred to in sub-section (5) of section 17, on
for
appointment the recommendations made by the Search Committee constituted under section 5 in
of President accordance with the procedure specified in that section. 35
and Members.
Term of 19. (1) The President and Members (other than part-time Members) of each
office and Autonomous Board shall hold the office for a term not exceeding four years and shall
conditions of
service of
not be eligible for any extension or re-appointment:
President and Provided that part-time Members of each Autonomous Board shall hold the office
Members. for a term of two years: 40

Provided further that a Member shall cease to hold office after attaining the age
of seventy years.
(2) The salaries and allowances payable to, and other terms and conditions of
service of the President and Members (other than part-time Members) of an Autonomous
Board shall be such as may be prescribed: 45

Provided that part-time Members of each Autonomous Board shall be entitled for
such allwances as may be prescribed.
(3) The provisions of sub-sections (3), (5), (6), (7) and (8) of section 6 relating to
other terms and conditions of service of, and section 7 relating to removal from the
office of, the Chairperson and Members of the Commission shall also be applicable to 50
the President and Members of the Autonomous Boards.
 11

20. (1) Each Autonomous Board, except the Ethics and Medical Registration Advisory
Board, shall be assisted by such advisory committees of experts as may be constituted committees of
experts.
by the Commission for the efficient discharge of the functions of such Boards under
this Act.
5 (2) The Ethics and Medical Registration Board 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 Board under this Act.
21. The experts, professionals, officers and other employees appointed under Staff of
Autonomous
section 8 shall be made available to the Autonomous Boards in such number, and in Boards.
10 such manner, as may be specified by regulations by the Commission.
22. (1) Every Autonomous Board shall meet at least once a month at such time Meetings, etc.,
and place as it may appoint. of
Autonomous
(2) All decisions of the Autonomous Boards shall be made by majority of votes of Boards.
the President and Members.
15 (3) Subject to the provision of section 28, a person who is aggrieved by any
decision of an Autonomous Board may prefer an appeal to the Commission against
such decision within sixty days of the communication of such decision.
23. (1) The President of each Autonomous Board shall have such administrative Powers of
and financial powers as may be delegated to it by the Commission to enable such Board Autonomous
20 to function efficiently. Boards and
delegation of
(2) The President of an Autonomous Board may further delegate any of his powers powers.
to a Member or an officer of that Board.
24. (1) The Under-Graduate Medical Education Board shall perform the following Powers and
functions, namely:— functions of
Under-
25 (a) determine standards of medical education at undergraduate level and Graduate
oversee all aspects relating thereto; Medical
Education
(b) develop competency based dynamic curriculum at undergraduate level Board.
in accordance with the regulations made under this Act;
(c) develop competency based dynamic curriculum for addressing the needs
30 of primary health services, community medicine and family medicine to ensure
healthcare in such areas, in accordance with the provisions of the regulations
made under this Act;
(d) frame guidelines for setting up of medical institutions for imparting
undergraduate courses, having regard to the needs of the country and the global
35 norms, in accordance with the provisions of the regulations made under this Act;
(e) determine the minimum requirements and standards for conducting
courses and examinations for undergraduates in medical institutions, having
regard to the needs of creativity at local levels, including designing of some
courses by individual institutions, in accordance with provisions of the regulations
40 made under this Act;
(f) determine standards and norms for infrastructure, faculty and quality of
education in medical institutions providing undergraduate medical education in
accordance with provisions of the regulations made under this Act;
(g) facilitate development and training of faculty members teaching
45 undergraduate courses;
(h) facilitate research and the international student and faculty exchange
programmes relating to undergraduate medical education;
(i) specify norms for compulsory annual disclosures, electronically or
otherwise, by medical institutions, in respect of their functions that has a bearing
50 on the interest of all stakeholders including students, faculty, the Commission
and the Central Government;
 12

(j) grant recognition to a medical qualification at the undergraduate level.

(2) The Under-Graduate Medical Education Board may, in the discharge of its
duties, make such recommendations to, and seek such directions from, the Commission,
as it deems necessary.
Powers and 25. (1) The Post-Graduate Medical Education Board shall perform the following 5
functions of functions, namely:—
Post-Graduate
Medical (a) determine the standards of medical education at the postgraduate level
Education and super-speciality level in accordance with the regulations made under this
Board. Act and oversee all aspects relating thereto;
(b) develop competency based dynamic curriculum at postgraduate level 10
and super-speciality level in accordance with the regulations made under this
Act, with a view to develop appropriate skill, knowledge, attitude, values and
ethics among postgraduates and super-specialists to provide healthcare, impart
medical education and conduct medical research;
(c) frame guidelines for setting up of medical institutions for imparting 15
postgraduate and super-speciality courses, having regard to the needs of the
country and global norms, in accordance with the regulations made under this
Act;
(d) determine the minimum requirements and standards for conducting
postgraduate and super-speciality courses and examinations in medical 20
institution, in accordance with the regulations made under this Act;
(e) determine standards and norms for infrastructure, faculty and quality of
education in medical institutions conducting postgraduate and super-speciality
medical education, in accordance with the regulations made under this Act;
(f) facilitate development and training of the faculty members teaching 25
postgraduate and super-speciality courses;
(g) facilitate research and the international student and faculty exchange
programmes relating to postgraduate and super-speciality medical education;
(h) specify norms for compulsory annual disclosure, electronically or
otherwise, by medical institutions in respect of their functions that has a bearing 30
on the interest of all stakeholders including students, faculty, the Commission
and the Central Government;
(i) grant recognition to the medical qualifications at the postgraduate level
and super-speciality level;
(j) promote and facilitate postgraduate courses in family medicine. 35
(2) The Post-Graduate Medical Education Board may, in the discharge of its
functions, make such recommendations to, and seek such directions from, the
Commission, as it deems necessary.
Powers and 26. (1) The Medical Assessment and Rating Board shall perform the following
functions of functions, namely:— 40
Medical
Assessment (a) determine the procedure for assessing and rating the medical institutions
and Rating for their compliance with the standards laid down by the Under-Graduate Medical
Board. Education Board or the Post-Graduate Medical Education Board, as the case may
be, in accordance with the regulations made under this Act;
(b) grant permission for establishment of a new medical institution, or to 45
start any postgraduate course or to increase number of seats, in accordance with
the provisions of section 28;
(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 may, if it deems 50
necessary, hire and authorise any other third party agency or persons for carrying
out inspections of medical institutions for assessing and rating such institutions:
 13

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, it shall be obligatory on such institutions to provide access to
such agency or person;
5 (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 the regulations;
(e) make available on its website or in public domain the assessment and
10 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 failure
15 to maintain the minimum essential standards specified by the Under-Graduate
Medical Education Board or the Post-Graduate Medical Education Board, as the
case may be, in accordance with the regulations made under this Act.
(2) The Medical Assessment and Rating Board may, in the discharge of its
functions, make such recommendations to, and seek such directions from, the
20 Commission, as it deems necessary.
27. (1) The Ethics and Medical Registration Board shall perform the following Powers and
functions, namely:— functions of
Ethics and
(a) maintain National Registers of all licensed medical practitioners in Medical
Registration
accordance with the provisions of section 31;
Board.
25 (b) regulate professional conduct and promote medical ethics in accordance
with the regulations made under this Act:
Provided that the Ethics and Medical Registration Board shall ensure
compliance of the code of professional and ethical conduct through the State
Medical Council in a case where such State Medical Council has been conferred
30 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 to effectively promote and regulate the conduct of medical practitioners
and professionals;
35 (d) exercise appellate jurisdiction with respect to the actions taken by a
State Medical Council under section 30.
(2) The Ethics and Medical Registration Board may, in the discharge of its duties,
make such recommendations to, and seek such directions from, the Commission, as it
deems necessary.
40 28. (1) No person shall establish a new medical college or start any postgraduate Permission for
course or increase number of seats without obtaining prior permission of the Medical establishment
Assessment and Rating Board. of new
medical
(2) For the purposes of obtaining permission under sub-section (1), a person may college.
submit a scheme to the Medical Assessment and Rating Board in such form, containing
45 such particulars, accompanied by such fee, and in such manner, as may be specified by
the regulations.
(3) The Medical Assessment and Rating Board shall, having due regard to the
criteria specified in section 29, consider the scheme received under sub-section (2) and
either approve or disapprove such scheme within a period of six months from the date
50 of such receipt:
 14

Provided that before disapproving such scheme, an opportunity 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 new medical college.
(5) Where a scheme is disapproved under sub-section (3), or where no decision 5
is taken within six months of submitting a scheme under sub-section (1), the person
concerned may prefer an appeal to the Commission for approval of the scheme within
fifteen days of such disapproval or, as the case may be, lapse of six months, in such
manner as may be specified by the regulations.
(6) The Commission shall decide the appeal received under sub-section (5) within 10
a period of forty-five days from the date of receipt of the appeal and in case the
Commission approves the scheme, such approval shall be the permission under
sub-section (1) to establish a new medical college and in case the Commission
disapproves the scheme, or fails to give its decision within the specified period, the
person concerned may prefer a second appeal to the Central Government within thirty 15
days of communication of such disapproval or, as the case may be, lapse of specified
period.
(7) The Medical Assessment and Rating Board 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 of medical profession and without 20
any prior notice and assess and evaluate the performance, standards and benchmarks
of such medical institution.
Explanation.—For the purposes of this section, the term "person" includes a
University, trust or any other association of persons or body of individuals, but does
not include the Central Government. 25

Criteria for 29. While approving or disapproving a scheme under section 28, the Medical
approving or Assessment and Rating Board, or the Commission, as the case may be, shall take into
disapproving
scheme. consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have 30
been provided to ensure proper functioning of medical college 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: 35

Provided that, subject to the previous approval of the Central Government,

the criteria may be relaxed for the medical colleges which are set up in such areas
as may be specified by the regulations.
State Medical 30. (1) The State Government shall, within three years of the commencement of
Councils. this Act, take necessary steps to establish a State Medical Council if no such Council 40
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
medical practitioner or professional, the State Medical Council shall act in accordance
with the regulations made, and the guidelines framed, under this Act: 45

Provided that till such time as a State Medical Council is established in a State,
the Ethics and Medical Registration Board shall receive the complaints and grievances
 15

relating to any professional or ethical misconduct against a registered medical

practitioner or professional in that State in accordance with such procedure as may be
specified by the regulations:

Provided further that the Ethics and Medical Registration Board or, as the case
5 may be, the State Medical Council shall give an opportunity of hearing to the medical
practitioner or professional concerned before taking any action, including imposition
of any monetary penalty against such person.

(3) A medical practitioner or professional who is aggrieved by any action taken

by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics
10 and Medical Registration Board against such action, and the decision, if any, of the
Ethics and Medical Registration Board thereupon shall be binding on the State Medical
Council, unless a second appeal is preferred under sub-section (4).

(4) A medical practitioner or professional who is aggrieved by the decision of the

Ethics and Medical Registration Board may prefer an appeal to the Commission within
15 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", in relation to a Union territory, shall respectively
mean the "Central Government" and "Union territory Medical Council";

20 (b) the expression "professional or ethical misconduct" includes any act of

commission or omission as may be specified by the regulations.

31. (1) The Ethics and Medical Registration Board shall maintain a National National
Register containing the name, address, all recognised qualifications possessed by a Register and
licensed medical practitioner and such other particulars as may be specified by the State Register.
25 regulations.

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

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

(4) The National Register shall be a public document within the meaning of
1 of 1872. section 74 of the Indian Evidence Act, 1872.

(5) The National Register shall be made available to the public by placing it on the
website of the Ethics and Medical Registration Board.

35 (6) 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 Ethics and Medical Registration Board within three months of the commencement
of this Act.

(7) The Ethics and Medical Registration Board shall ensure electronic
40 synchronisation of the National Register and the State Register in such a manner that
any change in one register is automatically reflected in the other register.

(8) The Ethics and Medical Registration Board shall maintain a separate National
Register in such form, containing such particulars, including the name, address and all
recognised qualifications possessed by a Community Health Provider referred to in
45 section 32 in such manner as may be specified by the regulations.
 16

Community 32. (1) The Commission may grant limited licence to practice medicine at
Health mid-level as Community Health Provider to such person connected with modern
Provider.
scientific medical profession who qualify such criteria as may be specified by the
regulations:
Provided that the number of limited licence to be granted under this sub-section 5
shall not exceed one-third of the total number of licenced medical practitioners registered
under sub-section (1) of section 31.
(2) The Community Health Provider who are granted limited licences under
sub-section (1), may practice medicine to such extent, in such circumstances and for
such period, as may be specified by the regulations. 10

(3) The Community Health Provider may prescribe specified medicine

independently, only in primary and preventive healthcare, but in cases other than
primary and preventive healthcare, he may prescribe medicine only under the supervision
of medical practitioners registered under sub-section (1) of section 32.
Rights of 33. (1) Any person who qualifies the National Exit Test held under section 15 15
persons to have shall be granted a licence to practice medicine and shall have his name and qualifications
licence to
practice and
enrolled in the National Register or a State Register, as the case may be:
to be enrolled Provided that a person who has been registered in the Indian Medical Register
in National
maintained under the Indian Medical Council Act, 1956 prior to the coming into force of 102 of 1956.
Register or
State Register this Act and before the National Exit Test becomes operational under sub-section (3) of 20
and their section 15, shall be deemed to have been registered under this Act and be enrolled in
obligations the National Register maintained under this Act.
thereto.
(2) No person who has obtained medical qualification from a medical institution
established in any country outside India and is recognised as a medical practitioner in
that country, shall, after the commencement of this Act and the National Exit Test 25
becomes operational under sub-section (3) of section 15, be enrolled in the National
Register unless he qualifies the National Exit Test.
(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 other qualification for
proficiency in sciences or public health or medicine which is a recognised medical 30
qualification under section 34 or section 35, 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, as the case may be, in such manner as may be specified by the
regulations.
Bar to 34. (1) No person other than a person who is enrolled in the State Register or the 35
practice. National Register, as the case may be, shall—
(a) be allowed to practice medicine as a qualified medical 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;
(c) be entitled to sign or authenticate a medical or fitness certificate or any 40
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 1 of 1872.
medicine: 45

Provided that the Commission shall submit a list of such medical professionals
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 medical
practitioner in accordance with the law regulating the registration of medical practitioners
in that country may be permitted temporary registration in India for such period and in 50
such manner as may be specified by the regulations.
 17

(2) Any person who contravenes any 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.

CHAPTER VI
5 RECOGNITION OF MEDICAL QUALIFICATIONS

35. (1) The medical qualification granted by any University or medical institution Recognition
in India shall be listed and maintained by the Under-Graduate Medical Education Board of medical
qualifications
or the Post-Graduate Medical Education Board, as the case may be, in such manner as granted by
may be specified by the regulations and such medical qualification shall be a recognised Universities or
10 medical qualification for the purposes of this Act. medical
institutions in
(2) Any University or medical institution in India which grants an undergraduate India.
or postgraduate or super-speciality medical qualification not included in the list
maintained by the Under-Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, may apply to that Board for granting
15 recognition to such qualification.
(3) The Under-Graduate Medical Education Board or the Post-Graduate Medical
Education Board, as the case may be, shall examine the application for grant of
recognition to a medical qualification within a period of six months in such manner as
may be specified by the regulations.
20 (4) Where the Under-Graduate Medical Education Board or the Post-Graduate
Medical Education Board, as the case may be, decides to grant recognition to a medical
qualification, it shall include such medical qualification in the list maintained by it and
also specify the date of effect of such recognition.
(5) Where the Under-Graduate Medical Education Board or the Post-Graduate
25 Medical Education Board, as the case may be, decides not to grant recognition to a
medical qualification, the University or the medical institution concerned may prefer an
appeal to the Commission for grant of recognition within sixty days of the communication
of such decision, in such manner as may be specified by the regulations.
(6) The Commission shall examine the appeal received under sub-section (5)
30 within a period of two months and if it decides that recognition may be granted to such
medical qualification, it may direct the Under-Graduate Medical Education Board or the
Post-Graduate Medical Education Board, as the case may be, to include such medical
qualification in the list maintained by that Board, in such manner as may be specified
by the regulations.
35 (7) Where the Commission decides not to grant recognition to the medical
qualification, or fails to take a decision within the specified period, the University or
the medical institution concerned may prefer a second appeal to the Central Government
within thirty days of the communication of such decision or lapse of specified period,
as the case may be.
40 (8) All medical qualifications which have been recognised before the date of
commencement of this Act and are included in the First Schedule and Part I of the Third
102 of 1956. Schedule to the Indian Medical Council Act, 1956, shall also be recognised medical
qualifications for the purposes of this Act, and shall be listed and maintained by the
Under-Graduate Medical Education Board or the Post-Graduate Medical Education
45 Board, as the case may be, in such manner as may be specified by the regulations.
36. (1) Where an authority in any country outside India, which by the law of that Recognition
country is entrusted with the recognition of medical qualifications in that country, of medical
qualifications
makes an application to the Commission for granting recognition to such medical granted by
qualification in India, the Commission may, subject to such verification as it may deem medical
50 necessary, either grant or refuse to grant recognition to that medical qualification: institutions
outside India.
 18

Provided that the Commission shall give a reasonable opportunity of being heard
to such authority before refusing to grant such recognition.
(2) A medical qualification which is granted recognition by the Commission under
sub-section (1) shall be a recognised medical qualification for the purposes of this Act,
and such qualification shall be listed and maintained by the Commission in such manner 5
as may be specified by the regulations.
(3) Where the Commission refuses to grant recognition to the medical qualification
under sub-section (1), the authority concerned may prefer an appeal to the
Central Government against such decision within thirty days of communication thereof.
(4) All medical qualifications which have been recognised before the date of 10
commencement of this Act and are included in the Second Schedule and Part II of the
Third Schedule to the Indian Medical Council Act, 1956, shall also be recognised medical 102 of 1956.
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.
Recognition 37. (1) The medical qualifications granted by any statutory or other body in India 15
of medical which are covered by the categories listed in the Schedule shall be recognised medical
qualifications
granted by
qualifications for the purposes of this Act.
statutory or
(2) The Diplomate of National Board in broad-speciality qualifications and super-
other body in
India. speciality qualifications when granted in a medical institution with attached hospital
or in a hospital with the strength of five hundred or more beds, by the National Board 20
of Examinations, shall be equivalent in all respects to the corresponding postgraduate
qualification and the super-speciality qualification granted under this Act, but in all
other cases, senior residency in a medical college for an additional period of one year
shall be required for such qualification to be equivalent.
(3) The Central Government may, on the recommendation of the Commission, and 25
having regard to the objects of this Act, by notification, add to, or, as the case may be,
omit from, the Schedule any categories of medical qualifications granted by a statutory
or other body in India and on such addition, or as the case may be, omission, the
medical qualifications granted by such statutory or other body in India shall be, or
shall cease to be, recognised medical qualifications for the purposes of this Act. 30

Withdrawal of 38. (1) Where, upon receiving a report from the Medical Assessment and Rating
recognition Board under section 26, or otherwise, if the Commission is of the opinion that—
granted to
medical (a) the courses of study and examination to be undergone in, or the
qualification proficiency required from candidates at any examination held by, a University or
granted by
medical medical institution do not conform to the standards specified by the 35
institutions in Under-Graduate Medical Education Board or the Post-Graduate Medical Education
India. Board, as the case may be; or
(b) the standards and norms for infrastructure, faculty and quality of
education in medical institution as determined by the Under-Graduate Medical
Education Board or the Post-Graduate Medical Education Board, as the case may 40
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 45
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 (1) of section 26.
(2) The Commission shall, after making such further inquiry as it deems fit, and
after holding consultations with the concerned State Government and the authority of 50
 19

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
Under-Graduate Medical Education Board or the Post-Graduate Medical Education
5 Board, 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 medical qualification is withdrawn with effect from the date specified
in that order.
39. Where, after verification with the authority in any country outside India, the Derecognition
10 Commission is of the opinion that a recognised medical qualification which is included of medical
qualifications
in the list maintained by it is to be derecognised, it may, by order, derecognise such granted by
medical qualification and remove it from the list maintained by the Commission with medical
effect from the date of such order. institutions
outside India.

40. Where the Commission deems it necessary, it may, by an order published in Special
the Official Gazette, direct that any medical qualification granted by a medical institution provision in
15
certain cases
in a country outside India, after such date as may be specified in that notification, shall for
be a recognised medical qualification for the purposes of this Act: recognition of
medical
Provided that medical practice by a person possessing such qualification shall qualifications.
be permitted only if such person qualifies National Exit Test.

20 CHAPTER VII
GRANTS, AUDIT AND ACCOUNTS
41. The Central Government may, after due appropriation made by Parliament by Grants by
law in this behalf, make to the Commission grants of such sums of money as the Central Central
Government.
Government may think fit.
25 42. (1) There shall be constituted a fund to be called “the National Medical National
Commission Fund” which shall form part of the public account of India and there shall Medical
Commission
be credited thereto— Fund.
(a) all Government grants, fees, penalties and charges received by the
Commission and the Autonomous Boards;
30 (b) all sums received by the Commission from such other sources 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
35 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 in carrying out the provisions of this Act, including
in connection with the discharge of the functions of the Commission and the
Autonomous Boards.
40 43. (1) The Commission shall maintain proper accounts and other relevant records Audit and
and prepare an annual statement of accounts in such form as may be prescribed, in accounts.
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
45 expenditure incurred in connection with such audit shall be payable by the Commission
to the Comptroller and Auditor-General of India.
 20

(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 5
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 10
Central Government which shall cause the same to be laid, as soon as may be after it is
received, before each House of Parliament.
Furnishing of 44. (1) The Commission shall furnish to the Central Government, at such time, in
returns and such form and in such manner, as may be prescribed or as the Central Government may
reports to
Central
direct, such reports and statements, containing such particulars in regard to any matter 15
Government. 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. 20

(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
Power of 45. (1) Without prejudice to the foregoing provisions of this Act, the Commission 25
Central
Government
and the Autonomous Boards shall, in exercise of their powers and discharge of their
to give functions under this Act, be bound by such directions on questions of policy as the
directions to Central Government may give in writing to them from time to time:
Commission
and Provided that the Commission and the Autonomous Boards shall, as far as
Autonomous practicable, be given an opportunity to express their views before any direction is 30
Boards.
given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or
not shall be final.
Power of 46. The Central Government may give such directions, as it may deem
Central necessary, to a State Government for carrying out all or any of the provisions of this 35
Government
to give
Act and the State Government shall comply with such directions.
directions to
State
Governments.

Information 47. (1) The Commission shall furnish such reports, copies of its minutes, abstracts
to be of its accounts, and other information to the Central Government as that Government
furnished by
Commission may require.
and
(2) The Central Government may publish, in such manner as it may think fit, the 40
publication
thereof. reports, minutes, abstracts of accounts and other information furnished to it under
sub-section (1).
Obligation of 48. Every University and medical institution governed under this Act shall maintain
universities a website at all times and display on its website all such information as may be required
and medical
institutions.
by the Commission or an Autonomous Board, as the case may be. 45
 21

49. (1) Notwithstanding anything contained in this Act, any student who was Completion of
studying for a degree, diploma or certificate in any medical institution immediately courses of
studies in
before the commencement of this Act shall continue to so study and complete his medical
course for such degree, diploma or certificate, and such institution shall continue to institutions.
5 provide instructions and 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,
diploma or certificate under this Act.
(2) Notwithstanding anything contained in this Act, where recognition granted
10 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 required to be provided under this Act till such
time as all candidates who are admitted in that medical institution complete their study.
50. (1) There shall be a joint sitting of the Commission, the Central Council of Joint sittings
15 Homoeopathy and the Central Council of Indian Medicine at least once a year, at such of
Commission,
time and place as they mutually appoint, to enhance the interface between Homoeopathy, Central
Indian Systems of Medicine and modern systems of medicine. Councils of
Homoeopathy
(2) The agenda for the joint sitting may be prepared with mutual agreement and Indian
between the Chairpersons of the Commission, the Central Council of Homoeopathy medicine to
20 and the Central Council of Indian Medicine or be prepared separately by each of them. enhance
interface
(3)The joint sitting referred to in sub-section (1) may, by an affirmative vote of all between their
members present and voting, decide on approving specific educational modules or respective
systems of
programmes that may be introduced in the undergraduate course and the postgraduate medicine.
course across medical systems and promote medical pluralism.
25 51. Every State Government may, for the purposes of addressing or promoting State
primary healthcare in rural area, take necessary measures to enhance the capacity of Government
to promote
the healthcare professionals.
primary
healthcare in
rural areas.

52.The Chairperson, Members, officers and other employees of the Commission Chairperson,
and the President, Members and officers and other employees of the Autonomous Members,
officers of
30 Boards shall be deemed, when acting or purporting to act in pursuance of any of the
Commission
provisions of this Act, to be public servants within the meaning of section 21 of the and of
45 of 1860. Indian Penal Code. Autonomous
Boards to be
public
servants.

53. No suit, prosecution or other legal proceeding shall lie against the Government, Protection of
the Commission or any Autonomous Board or a State Medical Council or any Committee action taken
in good faith.
35 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.
54. No court shall take cognizance of an offence punishable under this Act except Cognizance of
offences.
upon a complaint in writing made in this behalf by an officer authorised by the
40 Commission or the Ethics and Medical Registration Board or a State Medical Council,
as the case may be.
55. (1) If, at any time, the Central Government is of opinion that— Power of
Central
(a) the Commission is unable to discharge the functions and duties imposed Government
to supersede
on it by or under the provisions of this Act; or
Commission.
45 (b) the Commission has persistently made default in complying with any
 22

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 5
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,— 10

(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), 15
be exercised and discharged by such person or persons as the Central Government
may direct;
(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. 20

(3) On the expiration of the period of supersession specified in 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 25
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. 30

(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.
Power to make 56. (1) The Central Government may, by notification, make rules to carry out the 35
rules.
purposes of this Act.
(2) In particular, and without prejudice to the generality of 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 Medical 40
Advisory Council under clause (b) of sub-section (4) of section 4;
(b) the manner of appointing five members of the Commission under
clause (c) of sub-section (4) of section 4;
(c) the manner of nominating one expert by the Central Government under
clause (d) of sub-section (1) of section 5; 45
 23

(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;
5 (f) the qualifications and experience to be possessed by the Secretary of the
Commission under sub-section (2) of section 8;
(g) the salaries and allowances payable to, and other terms and conditions
of service of the Secretary, officers and other employees of the Commission under
sub-section (6) of section 8;
10 (h) the other powers and functions of the Commission under clause (j) of
sub-section (1) of section 10;
(i) the medical qualification and experience to be possessed by a member
under the second proviso to section 11;
(j) the manner of choosing part-time Members under sub-section (5) of
15 section 17;
(k) 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), and the allowances payable to part-time Members under the
proviso thereunder, of section 19;
20 (l) the other factors under clause (d) of section 29;
(m) the manner of submitting a list of medical professionals under the
second proviso to sub-section (1) of section 33;
(n) the form for preparing annual statement of accounts under
sub-section (1) of section 42;
25 (o) 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 43;
(p) the form and the time for preparing annual report under sub-section (2)
30 of section 43;
(q) any other matter in respect of which provision is to be made by rules.
57. (1) The Commission may, after previous publication, by notification, make Power to
regulations consistent with this Act and the rules made thereunder to carry out the make
regulations.
provisions of this Act.
35 (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
40 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 medical education under
45 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;
 24

(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; 5

(h) the other languages in which and the manner in which the National
Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of
section 14;
(i) the manner of conducting common counselling by the designated
authority for admission to the undergraduate and postgraduate super-speciality 10
medical education under sub-section (3) of section 14;
(j) the designated authority, and the manner for conducting the National
Exit Test under sub-section (2) of section 15;
(k) the manner in which a person with foreign medical qualification shall
qualify National Exit Test under sub-section (4) of section 15; 15

(l) the manner in which admission to the postgraduate broad-speciality

medical education shall be made on the basis of National Exit Test under
sub-section (6) of section 15;
(m) the manner of conducting common counselling by the designated
authority for admission to the postgraduate broad-speciality medical education 20
under sub-section (7) of section 15;
(n) the number of, and the manner in which, the experts, professionals,
officers and other employees shall be made available by the Commission to the
Autonomous Boards under section 21;
(o) the curriculum at undergraduate level under clause (b) of sub-section (1) 25
of section 24;
(p) the curriculum for primary medicine, community medicine and family
medicine under clause (c) of sub-section (1) of section 24;
(q) the manner of imparting undergraduate courses by medical institutions
under clause (d) of sub-section (1) of section 24; 30

(r) the minimum requirements and standards for conducting courses and
examinations for undergraduates in medical institutions under clause (e) of
sub-section (1) of section 24;
(s) the standards and norms for infrastructure, faculty and quality of
education at undergraduate level in medical institutions under clause (f) of 35
sub-section (1) of section 24;
(t) the standards of medical education at the postgraduate level and super-
speciality level under clause (a) of sub-section (1) of section 25;
(u) the curriculum at postgraduate level and super-speciality level under
clause (b) of sub-section (1) of section 25; 40

(v) the manner of imparting postgraduate and super-speciality courses by

medical institutions under clause (c) of sub-section (1) of section 25;
(w) the minimum requirements and standards for conducting postgraduate
and super-speciality courses and examinations in medical institutions under
clause (d) of sub-section (1) of section 25; 45
 25

(x) the standards and norms for infrastructure, faculty and quality of
education in medical institutions conducting postgraduate and super-speciality
medical education under clause (e) of sub-section (1) of section 25;
(y) the procedure for assessing and rating the medical institutions under
5 clause (a) of sub-section (1) of section 26;
(z) the manner of carrying out inspections of medical institutions for
assessing and rating such institutions under clause (c) of sub-section (1) of
section 26;
(za) the manner of conducting, and the manner of empanelling independent
10 rating agencies to conduct, assessment and rating of medical institutions under
clause (d) of sub-section (1) of section 26;
(zb) 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 26;
15 (zc) the measures to be taken against a medical institution for its failure to
maintain the minimum essential standards under clause (f) of sub-section (1) of
section 26;
(zd) the manner of regulating professional conduct and promoting medical
ethics under clause (b) of sub-section (1) of section 27;
20 (ze) the form of scheme, the particulars thereof, the fee to be accompanied
and the manner of submitting scheme for establishing a new medical college or
for starting any postgraduate course or for increasing number of seats under
sub-section (2) of section 28;
(zf) the manner of making an application to the Commission for approval of
25 the scheme under sub-section (5) of section 28;
(zg) the areas in respect of which criteria may be relaxed under the proviso
to section 29;
(zh) the manner of taking disciplinary action by a State Medical Council for
professional or ethical misconduct of registered medical practitioner or
30 professional and the procedure for receiving complaints and grievances by Ethics
and Medical Registration Board, under sub-section (2) of section 30;
(zi) the act of commission or omission which amounts to professional or
ethical misconduct under clause (b) of the Explanation to section 30;
(zj) other particulars to be contained in a National Register under
35 sub-section (1) of section 31;
(zk) the form, including the electronic form and the manner of maintaining
the National Register under sub-section (2) of section 31;
(zl) 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
40 sub-section (3) of section 31;
(zm) the form and manner in which the National Register for registering
Community Health Provider is to be maintained under sub-section (8) of
section 31;
(zn) the criteria for granting limited licence to practice medicine under
45 sub-section (1) of section 32;
(zo) the extent, the circumstances and the period under sub-section (2) of
section 32;
 26

(zp) the manner of listing and maintaining medical qualifications granted by

a University or medical institution in India under sub-section (1) of section 35;
(zq) the manner of examining the application for grant of recognition under
sub-section (3) of section 35;
(zr) the manner of preferring an appeal to the Commission for grant of 5
recognition under sub-section (5) of section 35;
(zs) the manner of including a medical qualification in the list maintained by
the Board under sub-section (6) of section 35;
(zt) the manner of listing and maintaining medical qualifications which
have been granted recognition before the date of commencement of this Act 10
under sub-section (8) of section 35.
Rules and 58. Every rule and every regulation made, and every notification issued, under
regulations to this Act shall be laid, as soon as may be after it is made, before each House of Parliament,
be laid before while it is in session, for a total period of thirty days which may be comprised in one
Parliament.
session or in two or more successive sessions, and if, before the expiry of the session 15
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or regulation or notification; both Houses
agree that the rule or regulation or notification should not be made, the rule or regulation
or notification 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 20
without prejudice to the validity of anything previously done under that rule or regulation
or notification.
Power to 59. (1) If any difficulty arises in giving effect to the provisions of this Act, the
remove
difficulties.
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 to be 25
necessary, for 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. 30

Repeal and 60. (1) With effect from such date as the Central Government may appoint in this
saving. behalf, the Indian Medical Council Act, 1956 shall stand repealed and the Medical
Council of India constituted under sub-section (1) of section 3 of the said Act shall 102 of 1956.
stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall 35
not affect,—
(a) the previous operation of the Act so repealed or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred
under the Act so repealed; or 40

(c) any penalty incurred in respect of any contravention under the Act so
repealed; or
(d) any proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty as aforesaid, and any such proceeding or remedy
may be instituted, continued or enforced, and any such penalty may be imposed 45
as if that Act had not been repealed.
(3) On the dissolution of the Medical Council of India, the person appointed as
the Chairman of the Medical Council of India and every other person appointed as the
 27

Member and any officer and other employee of that 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
5 or of any contract of service:
Provided that any officer or other employee who has been, immediately before
the dissolution of the Medical Council of India appointed on deputation basis to the
Medical Council of India, shall, on such dissolution, stand reverted to his parent cadre,
Ministry or Department, as the case may be:
10 Provided further that any officer or other employee who has been, immediately
before the dissolution of the Medical Council of India, employed on regular or contractual
basis by the Medical Council of India, shall, on and from such dissolution, cease to be
the officer or employee of the Medical Council of India and his employment in the
Medical Council of India stand terminated with immediate effect:
15 Provided also that such officer or employee of the Medical Council of India 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
20 college or to start higher course of studies or for increase in the admission capacity
granted, any recognition of medical qualifications granted, under the Indian Medical
102 of 1956. Council Act, 1956, 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
25 thereunder.
61. (1) The Commission shall be the successor in interest to the Medical Council Transitory
provisions.
of India including its subsidiaries or owned trusts and all the assets and liabilities of
the Medical Council of India shall be deemed to have been transferred to the Commission.
102 of 1956. (2) Notwithstanding the repeal of the Indian Medical Council Act, 1956, the
30 educational standards, requirements and other provisions of the Indian Medical Council
Act, 1956 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 educational
35 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 provisions of this Act and shall continue in force accordingly unless
and until superseded by anything done or by any action taken under this Act.
 THE SCHEDULE
[See section 37]
LIST OF CATEGORIES OF MEDICAL QUALIFICATIONS GRANTED BY
STATUTORY BODY OR OTHER BODY IN INDIA
Sl. No. Categories of medical qualifications
1. All medical qualifications granted by the Jawaharlal Institute of Postgraduate Medical
Education and Research, Puducherry.
2. All medical qualifications granted by All India Institutes of Medical Sciences.
3. All medical qualifications granted by the Postgraduate Institute of Medical Education
and Research, Chandigarh.
4. All medical qualifications granted by the National Institute of Mental Health and
Neuro-Sciences, Bangalore.
5. All medical qualifications granted by the National Board of Examination.

28
 STATEMENT OF OBJECTS AND REASONS
Medical education is at the core of the access to quality healthcare in any country. A
flexible and well-functioning legislative framework underlying medical education is essential
for the well-being of a nation. The Indian Medical Council Act, 1956 which was enacted to
provide a solid foundation for the growth of medical education in the early decades, has not
kept pace with time. Various bottlenecks have crept into the system with serious detrimental
effects on medical education and, by implication, on delivery of quality health services.
2. The Department-Related Parliamentary Standing Committee on Health and Family
Welfare in its Ninety-second Report has offered a critical assessment of medical education
in India. The Standing Committee has recommended for a decisive and exemplary action to
restructure and revamp the regulatory system of medical education and medical practice and
to reform the Medical Council of India in accordance with the regulatory structure suggested
by the Group of Experts, chaired by Dr. Ranjit Roy Choudhary, which was constituted by the
Central Government. The Standing Committee endorsed separation of functions by forming
four autonomous boards and recommended appointment of regulators through selection
rather than election and to bring a new comprehensive Bill in Parliament for this purpose, as
the existing provisions of Indian Medical Council Act, 1956 are outdated.
3. The Hon'ble Supreme Court in its judgement dated 2nd May, 2016 in the Civil
Appeal No. 4060 of 2009 titled Modern Dental College and Research Centre and Others
versus State of Madhya Pradesh and Others has directed the Central Government to consider
and take appropriate action on the recommendations of the Roy Choudhary Committee.
Keeping in view of these recommendations, the National Medical Commission Bill, 2017 was
introduced in the Lok Sabha on 29th December, 2017 and subsequently referred to the
Department related Parliamentary Standing Committee for examination and report. The
Standing Committee presented its 109th report on the said Bill. Based on the recommendations
of the Department related Parliamentary Standing Committee, the Government had brought
in necessary official amendments on 28th March, 2018 to the Bill pending in LokSabha.
However, the Bill could not be taken up for consideration and passing during any of the
subsequent sessions of the Parliament and has lapsed on dissolution of the 16th Lok Sabha.
4. Accordingly, it is proposed to introduce the National Medical Commission
Bill, 2019 which, inter alia, seeks to provide for—
(a) constitution of a National Medical Commission for development and
regulation of all aspects relating to medical education, medical profession and medical
institutions and a Medical Advisory Council to advise and make recommendations to
the Commission;
(b) constitution of four Autonomous Boards, namely:—
(i) the Under-Graduate Medical Education Board to regulate medical
education at undergraduate level and to determine standards thereof;
(ii) the Post-Graduate Medical Education Board to regulate medical
education at postgraduate level and to determine standards thereof;
(iii) the Medical Assessment and Rating Board to carry out inspections
and to assess and rate the medical institutions; and
(iv) the Ethics and Medical Registration Board to regulate professional
conduct and promote medical ethics amongst medical practitioners and medical
professionals and to maintain a national register of all licensed medical
practitioners and a separate national register of Community Health Providers;

29
 30

(c) holding of a uniform National Eligibility-cum-Entrance Test for admission to

undergraduate and postgraduate super-speciality medical education;
(d) holding of a uniform National Exit Test for granting licence to practice medicine
as medical practitioners and for enrolment in the State Register or the National Register
and it shall also be the basis for admission to the postgraduate broad-speciality courses;
(e) permission for establishment of new medical college, for starting postgraduate
courses and to increase number of seats to be obtained by medical institutions;
(f) recognition of medical qualifications granted by universities and medical
institutions in India and outside India and also for recognition of medical qualifications
granted by statutory and other bodies in India as listed in the Schedule;
(g) maintenance of a National Register containing the name, address, recognised
qualifications possessed by a licensed medical practitioner;
(h) grant of limited licence to practice medicine at mid-level to persons connected
with modern scientific medical profession to be called Community Health Providers;
(i) Constitution of a National Medical Commission Fund for crediting Government
grants, fees, penalties and charges;
(j) the repeal of the Indian Medical Council Act, 1956 and for dissolution of the
Medical Council of India by providing that on such dissolution,—
(i) the chairman and other members of the said Council shall be deemed to
have vacated their respective offices and shall be entitled to compensation not
exceeding three months' pay and allowances;
(ii) the officers and employees appointed on deputation shall stand
reverted to their parent cadre;
(iii) the officers and other employees employed on regular or contractual
basis by the said Council shall cease to be the officers and employees of said
Council and shall be entitled to such compensation not less than three months'
pay and allowances for the premature termination of employment as may be
provided by rules.
5. The Bill seeks to achieve the above objectives.

NEW DELHI; HARSH VARDHAN.

The 18th July, 2019.

————

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF

THE CONSTITUTION OF INDIA

————

[Letter No. V.11025/16/2016-MEP dated 18 July, 2019 from Dr. Harsh Vardhan,
Minister of Health and Family Welfare, Science and Technology and Earth Sciences to the
Secretary General, Lok Sabha]
The President, having been informed of the subject matter of the proposed National
Medical Commission Bill, 2019, recommends to the House the introduction of the Bill under
article 117(1) of the Constitution.
 Notes on Clauses
Clause 1 provides for short title, extent and commencement of the proposed Act.
Clause 2 defines various terms and expressions used in the proposed Act.
Clause 3 provides for constitution of the National Medical Commission in the proposed
Act.
Clause 4 provides for composition of the National Medical Commission and
appointment and qualifications of its constituent members. The Commission shall be a
twenty-five members body comprising of chairperson, ten ex-officio members and fourteen
part-time members. Of the part time members, three shall be from diverse background, six
shall be from the nominees of the States and Union territories in Medical Advisory Council
and five shall be elected members of the State Medical Council in Medical Advisory Council.
Clause 5 provides for composition of Search Committee for appointment of chairperson
and members and Secretary of Commission under proposed Act. The Committee shall be
chaired by Cabinet Secretary and include three experts with experience in medical field and
one from diverse background nominated by the Central Government. One of the elected
medical member in National Medical Commission shall also be a member of this Committee.
Secretary to the Government of India in charge of the Ministry of Health and Family Welfare
is the other members.
Clause 6 provides duration of office, salaries and allowances and other terms and
conditions of service of Chairperson and members of the Commission. They shall hold
office for a term not exceeding four years and will not be eligible for extension or reappointment.
Clause 7 provides for removal of Chairperson and members of Commission.
Clause 8 provides for appointments of Secretary, experts, professionals, officers and
other employees of the commission.
Clause 9 provides for meetings, its chairperson, quorum and other ancillary matters
connected to meetings. The Commission shall meet at least once every quarter.
Clause 10 provides for powers and functions of Commission including:-
(a) formulation of policies and framing of guidelines for ensuring high quality
and standards in medical education and research.
(b) Coordination of functioning of Commission, Autonomous Boards and
State Medical Councils.
(c) formulation of policy for regulation of medical profession.
(d) power to delegate and form sub-committees.
Clause 11 provides for constitution and composition of Medical Advisory Council. It
shall consist of one nominee from every State who shall be the Vice Chancellor of State
Health University or the University with maximum medical colleges under it. Ministry of
Home Affairs shall nominate one member to represent each Union territory. One nominee
from each State and Union territory from amongst the elected members of the State Medical
Council. Every member of National Medical Commission shall be ex-officio members of the
Advisory Council. Chairman, University Grants Commission, Director, National Assessment
and Accreditation Council, and four members from among Directors of Indian Institutes of
Technology, Indian Institutes of Management and the Indian Institute of Science shall also
be its members.
Clause 12 provides for functions of Medical Advisory Council to advise the
Commission on minimum standards in medical education, training and research.

31
 32

Clause 13 provides for meetings and quorum of Medical Advisory Council.

Clause 14 provides for uniform National Eligibility cum Entrance Test for admission in
undergraduate and postgraduate super-speciality course in medical institutions and
counseling for admission to undergraduate course.
Clause 15 provides for National Exit Test for granting license to practice medicine and
enrolment in the State Register or the National Register which shall also be the basis for
admission to postgraduate broad-speciality medical education in medical institutions.
Clause 16 provides for constitution of four Autonomous Boards under the overall
supervision of Commission. The four Autonomous Boards are Under-Graduate Medical
Education Board, Post-Graduate Medical Education Board, Medical Assessment and Rating
Board and Ethics and Medical Registration Board.
Clause 17 provides for composition of Autonomous Boards consisting of President
and two whole-time members and two part-time members. The third member of Medical
Assessment and Rating Board and Ethics and Medical Registration Board shall be from
diverse background.
Clause 18 provides for Search Committee for appointment of President and members
of Autonomous Boards.
Clause 19 provides for duration of office, salary and allowances and other terms and
conditions of service of President and members of the Autonomous Boards.
Clause 20 provides for Advisory Committees of experts constituted by the Commission
to render assistance to all Autonomous Boards for discharging of functions assigned under
the Act.
Clause 21 provides for staff of Autonomous Boards.
Clause 22 provides for meetings of Autonomous Boards. Every Board shall meet
atleast once a month.
Clause 23 provides for powers of Autonomous Boards and delegation of powers.
Clause 24 provides for powers and functions of Under-Graduate Medical Education
Board including determination of standards of medical education at under-graduate level,
framing of guidelines for establishment of medical institutions for imparting under- graduate
medical courses, granting of recognition to medical institutions at under-graduate level.
Clause 25 provides for powers and functions of Post-Graduate Medical Education
Board including determination of standards of medical education at post-graduate and super-
speciality level, framing of guidelines for establishment of medical institutions for imparting
post-graduate and super-speciality medical courses, granting of recognition to medical
institutions at post-graduate and super-speciality level.
Clause 26 provides for powers and functions of Medical Assessment and Rating
Board including determine the procedure for assessing and rating of medical institutions for
compliance with prescribed standards, granting of permission for establishment of new
medical institutions or to start any post-graduate course or to increase number of seats and
carrying out of inspection for this purpose and issuing warning, imposing of monetary
penalty on medical institution for failure to maintain minimum essential standards prescribed.
Clause 27 provides for powers and functions of Ethics and Medical Registration
Board including maintain a National Register for all licensed medical practitioners and regulate
professional conduct, to develop mechanism for continuous interaction with State Medical
Councils.
Clause 28 provides for permission for establishment of new medical college, starting
of post-graduate course and increase of seats.
 33

Clause 29 provides for criteria for approval or disapproval of the scheme for
establishment of new medical college.
Clause 30 provides for State Medical Council and other provisions relating thereto.
Clause 31 provides for the maintenance of a National Register by Ethics and Medical
Registration Board which shall contain the name, address and all recognised qualifications
possessed by licensed medical practitioner. Every State Medical Council shall maintain a
State Register. The registers will be maintained in such forms including electronic form as
may be specified. A separate National Register shall be maintained for Community Health
Provider.
Clause 32 provides for grant of limited licence to practice medicine at mid-level as
Community Health Providers to persons connected with modern scientific medical profession.
Clause 33 provides for rights of persons to have license to practice and to be enrolled
in national register or state register. A person who qualifies National Exit Test shall be
enrolled in the National register or State register.
Clause 34 provides for Bar to practice. A person who is not enrolled in the State or
national register shall not be allowed to practice medicine or perform any of the function
enrolled upon a qualifies medical practitioner such as holding an office of physician or
surgeon, signing a medical certificate or giving evidence in matters related to medicine. Any
violation shall be punishable with imprisonment for a term which may extend to one year or
with fine up to five lakhs rupees or with both. The commission may permit exceptions from
qualifying National Licentiate Examination in certain cases. Foreign medical practitioners
shall be permitted temporary registration in India in such manner as may be prescribed.
Clause 35 provides for recognition ofmedical qualifications granted by universities or
medical institutions in India. The institutions shall apply Under-Graduate Medical Education
Board or Post-Graduate Medical Education Board which shall examine the application and
decide on grant of recognition. First appeal shall lie to the commission and second appeal to
the central government.
Clause 36 provides for recognition of medical qualifications granted by medical
institutions outside India.
Clause 37 provides for recognition of medical qualifications granted by statutory or
other bodies in India which are covered by the categories listed in the Schedule. The Diplomate
of National Board qualifications shall be equivalent to the corresponding postgraduate and
super-speciality qualification in certain cases.
Clause 38 provides for withdrawal of recognition granted to medical qualification
granted by medical institutions in India. The Medical Assessment and Rating Board shall
make a report to the commission which shall decide the matter.
Clause 39 provides for de-recognition of medical qualifications granted by medical
institutions outside India.
Clause 40 provides for special provisions in certain cases for recognition of medical
qualifications. This relates to medical institutions outside India.
Clause 41 provides for grants by central government.
Clause 42 provides for National Medical Commission Fund which shall form part of
the public account of India. All government grants, fee, penalties and all sums received by
the commission shall form part of it. The fund shall be applied for making payments towards
all expenses in the discharge of the functions of the commission.
Clause 43 provides for audit and accounts. The accounts of the commission shall be
audited by the Comptroller and Auditor General of India.
Clause 44 provides for furnishing of returns and reports to Central Government.
 34

Clause 45 provides for power of Central Government to give directions to commission

and autonomous boards on questions of policy.
Clause 46 provides for power of Central Government to give directions to State
Governments.
Clause 47 provides for information to be furnished by Commission and publication
thereof.
Clause 48 provides for obligations of Universities and medical institutions. They
shall maintain a website at all times and display all such information as may be required by
the Commission.
Clause 49 provides for completion of courses of studies in medical institutions.
Students who were studying in any medical institution before the commencement of this Act
shall continue to study and complete in accordance with syllabus and studies as existed
before such commencement. Such student shall be deemed to have completed course of
study under this Act.
Clause 50 provides for joint sittings of Commission, Central Councils of Homoeopathy
and Indian Medicine to enhance interface between their respective systems of medicine.
Such meeting shall be held at least once a year. The joint sitting may reside on approving
educational modules and promote medical pluralism.
Clause 51 provides for promoting primary healthcare in rural areas by the State
Government.
Clause 52 provides for Chairperson, Members, Officers of Commission and of
Autonomous Boards to be public servants within the meaning of Section 21 of the Indian
Penal Code.
Clause 53 provides for protection of action taken in good faith.
Clause 54 provides for cognizance of offences by courts only upon a complaint in
writing by an authorised officer of the Committee or Ethics and Medical Registration Board
or State Medical Council.
Clause 55 provides for power of Central Government to supersede Commission if it is
unable to discharge the functions and duties imposed upon it or persistently defaults in
complying with any direction issued by the Central Government. Central Government may
issue notifications of supersession not exceeding six months at a time.
Clause 56 provides for power to make rules. The Central Government may be
notification make rules to carry out the purposes of this Act.
Clause 57 provides for power to make Regulations. The Commission may after previous
publication by notification make Regulations consistent with this Act.
Clause 58 provides for rules and regulations to be laid before Parliament.
Clause 59 provides for power to remove difficulties. Central Government may be
order published in the Official Gazette make such provisions not inconsistent with the
provisions of this Act for removing the difficulty.
Clause 60 provides for repeal and saving. The Indian Medical Council Act, 1956 shall
stand repealed and the Medical Council of India shall stand dissolved from the date as may
be prescribed by the Central Government. The Chairman and other members and employees
of Medical Council of India shall vacate their respective offices and be entitled to the
compensation.
Clause 61 provides for transitory provisions. Even after the repeal of the Indian
Medical Council Act, 1956, the rules and regulations made thereunder shall continue to be in
force till new rules and regulations are framed by National Medical Council.
 FINANCIAL MEMORANDUM
Sub-clause (1) of clause 3 of the Bill provides for constitution of the National Medical
Commission to exercise the powers and to perform the functions assigned to it. Sub-clause
(1) of clause 4 provides for the appointment of Chairperson and Members of the Commission.
Sub-clause (4) of clause 6 provides for payment of salaries and allowances to the Chairpersons
and Members, other than ex officio Members. Sub-clause (1) of clause 8 provides for
appointment of Secretary of the Commission and sub-clause (5) thereof provides for
appointment of officers and other employees of the Commission. Sub-clause (6) of said
clause provides for payment of salaries and allowances to Secretary, officers and other
employees of the Commission.
2. Sub-clause (1) of clause 16 provides for constitution of four Autonomous Boards
consisting of a President and two whole-time Members and two part-time Members. Clause
18 provides for appointment of President and Members of the Autonomous Boards and
sub-clause (2) of clause 19 provides for salaries and allowances of the President and Members
of the Autonomous Boards.
3. Clause 41 provides for payment of grants to the Commission, after due appropriation
made by Parliament by law in this behalf, as the Central Government may think fit.
4. Sub-clause (1) of clause 42 provides for the constitution of Fund to be called the
National Medical Commission Fund which shall form part of the public account of India and
all Government grants, fees and charges received by the Commission and its constituent
bodies and all sums received by the Commission from such other source as may be decided
upon by the Central Government shall be credited to the fund and shall be applied for
payment of salaries and allowances and the expenses incurred in the carrying out the
provisions of the Bill.
5. Sub-clause (3) of clause 60 provides that on the dissolution of the Medical Council
of India, persons appointed as Chairman, Members, Officers and other employees of that
Council shall vacate their respective offices and that such Chairman and Members shall, for
such premature termination, be entitled to claim compensation not exceeding three months'
pay and allowances and the officers and employees who are employed on regular and
contractual basis by the Medical Council of India shall be entitled to such compensation,
which shall not be less than three months' pay and allowances, as may be prescribed.
6. The expenditure would be largely met from corpus of the existing Medical Council
of India and the funds generated by the National Medical Commission. The budgetary
support by the Government to the Commission and its constituent bodies is estimated not to
exceed the level of the current budgetary support given to the Council. Further, as expenditure
would depend on the number of meetings of the Commission, recurring or non-recurring
expenditure cannot be anticipated at this stage.

35
 MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (3) of clause 15 of the Bill empowers the Central Government to make the
National Exit Test operational from such date, within three years from the date of
commencement of this Act, as may be appointed by notification.
Sub-clause (1) of clause 16 of the Bill empowers the Central Government, by notification,
to constitute the autonomous Boards under the overall supervision of the Commission, to
perform the functions assigned to such Boards under this Act.
Sub-clause (3) of clause 37 of the Bill empowers the Central Government, on the
recommendations of the Commission, and having regard to the objects of this Act, by
notification, to add to, or, as the case may be, omit from, the Schedule any categories of
medical qualifications granted by a statutory or other body in India.
Clause 40 of the Bill empowers the Commission to issue an order to direct that any
medical qualification granted by a medical institution in a country outside India, after such
date as may be specified in that notification, shall be a recognised medical qualification for
the purposes of this Act
Clause 56 of the Bill empowers the Central Government to make rules inter alia on
matters relating to (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 Medical Advisory
Council; (b) the manner of appointing five members of the Commission; (c) the manner of
nominating one expert by the Central Government; (d) the salaries and allowances payable
to, and other terms and conditions of service of the Chairperson and Members; (e) the form
and the manner of making declaration of assets and liabilities by the Chairperson and member
of the Commission; (f) the qualification and experience to be possessed by the Secretary of
the Commission; (g) the salaries and allowances payable to, and other terms and conditions
of service of the Secretary, officers and other employees of the Commission; (h) the other
powers and duties of the Commission; (i) the medical qualification and experience to be
possessed by a member; (j) the manner of choosing part-time members; (k) the salaries and
allowances payable to, and other terms and conditions of service of the President and
Members of an Autonomous Board and the allowances payable to part-time members; (l) the
other factors; (m) the manner of submitting a list of medical professional; (n) the form for
preparing annual statement of accounts; (o) 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; (p) the
form and the time for preparing annual report; (q) any other matter in respect of which
provision is to be made by rules.
Clause 57 of the Bill empowers the Commission to make regulations after previous
publications and by notification in the Official Gazette, inter alia, in respect of matters
relating to (a) the functions to be discharged by the Secretary of the Commission; (b) the
procedure in accordance with which experts and professionals may be engaged and the
number of such experts and professionals; (c) the procedure to be followed at the meetings
of Commission, including the quorum at its meetings; (d) the quality and standards to be
maintained in medical education; (e) the manner of regulating medical institutions, medical
researches and medical professionals; (f) the manner of functioning of the Commission, the
Autonomous Boards and the State Medical Councils; (g) the procedure to be followed at
the meetings of the Medical Advisory Council, including the quorum at its meetings; (h) the
other languages in which and the manner in which the National Eligibility-cum-Entrance
Test shall be conducted; (i) the manner of conducting common counselling by the designated
authority for admission to the under-graduate and postgraduate super-speciality medical
education; (j) the designated authority, and the manner for conducting the National Exit

36
 37

Test; (k) the manner in which a person with foreign medical qualification shall qualify national
Exit Test; (l) the manner in which admission to the post-graduate broad-speciality medical
education shall be made on the basis of National Exit Test; (m) the manner of conducting
common counselling by the designated authority for admission to the post-graduate broad-
speciality medical education; (n) the number of, and the manner in which, the experts,
professionals, officers and other employees shall be made available by the Commission to
the Autonomous Boards; (o) the curriculum at undergraduate level; (p) the curriculum for
primary medicine, community medicine and family medicine; (q) the manner of imparting
undergraduate courses by medical institutions; (r) the minimum requirements and standards
for conducting courses and examination for undergraduates in medical institutions; (s) the
standards and norms for infrastructure, faculty and quality of education at under-graduate
level in medical institutions; (t) the standards of medical education at the post-graduate
level and super-speciality level; (u) the curriculum at post-graduate level and super-speciality
level; (v) the manner of imparting postgraduate and super-speciality courses by medical
institutions; (w) the minimum requirements and standards for conducting post-graduate
and super speciality courses and examinations in medical institutions; (x) the standards and
norms for infrastructure, faculty and quality of education in medical institutions conducting
post-graduate and super speciality medical education; (y) the procedure for assessing and
rating the medical institutions; (z) the manner of carrying out inspections of medical
institutions for assessing and rating such institutions; (za) the manner of conducting, and
the manner of empanelling independent rating agencies to conduct, assessment and rating
of medical institutions; (zb) the manner of making available on website or in public domain
the assessment and ratings of medical institutions; (zc) the measures to be taken against a
medical institution for failure to maintain the minimum essential standards; (zd) the manner
of regulating professional conduct and promoting medical ethics; (ze) the form of scheme,
the particulars thereof, the fee to be accompanied and the manner of submitting scheme for
establishing new medical college for starting postgraduate course or for increasing number
of seats; (zf) the manner of making an application to the Commission for approval of the
scheme; (zg) the areas in respect of which criteria may be relaxed; (zh) the manner of taking
disciplinary action by a State Medical Council for professional or ethical misconduct of
registered medical practitioner or professional and the procedure for receiving complaints
and grievances by Ethics and Medical Registration Board; (zi) the act of commission or
omission which amounts to professional or ethical misconduct; (zj) other particulars to be
contained in a National Register; (zk) the form, including the electronic form and the manner
of maintaining the National Register; (zl) the manner in which any name or qualification may
be added to, or removed from, the National Register and the grounds for removal thereof;
(zm) the form and manner in which the National Register for registering Community Health
Providers is to be maintained; (zn) the criteria for granting limited licence to practice medicine;
(zo)the extent, circumstances and period for which the Community Health Providers shall be
granted limited licence; (zp) the manner of listing and maintaining medical qualifications
granted by a University or medical institution in India; (zq) the manner of examining the
application for grant of recognition; (zr) the manner of preferring an appeal to the Commission
for grant of recognition; (zs) the manner of including a medical qualification in the list
maintained by the Board; (zt) the manner of listing and maintaining medical qualifications
which have been granted recognition before the date of commencement of this Act.
The matters in respect of which rules may be made are matters of procedure and
administrative detail and it is not practicable to provide for them in the Bill itself. The delegation
of legislative power is, therefore, of a normal character.
 LOK SABHA

————

BILL
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 in all parts of the country; that promotes equitable and universal
healthcare that encourages community health perspective and makes services of
medical professionals accessible to all the citizens; that promotes national health
goals; that encourages 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 for India and enforces high ethical standards in all aspects of
medical services; that is flexible to adapt to changing needs and has an effective
grievance redressal mechanism and for matters connected therewith or incidental
thereto.

————

(Dr. Harsh Vardhan, Minister for Health and Family Welfare,

Science & Technology and Earth Science)

MGIPMRND—1796LS—18.07.2019.