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INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970
48 of 1970
21st December, 1970
An Act to provide for the constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. Be it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Indian Medicine Central Council Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date1as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State, and different dates may be appointed for different States and for different provisions of this Act.
SECTION 02: DEFINITIONS
(1) In this Act, unless the context otherwise requires,-
(a) "approved institution" means a teaching institution, health centre or hospital recognised by a University or Board as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him;
(b) "Board" means a Board, Council, Examining Body or Faculty of Indian Medicine (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of, Indian medicine;
(c) "Central Council" means the Central Council of Indian Medicine constituted under section 3;
(d) "Central Register of Indian Medicine" means the register maintained by the Central Council under this Act;
(e) "Indian medicine" means the system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time;
(f) "medical institution" means any institution within or without India which grants degrees, diplomas or licences in Indian medicine;
(g) "prescribed" means prescribed by regulations;
(h) "recognised medical qualification" means any of the medical qualifications, including post-graduate medical qualification, of Indian medicine included in the Second, Third or Fourth Schedule;
(i) "regulation" means a regulation made under section 36;
(j) "State Register of Indian Medicine" means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Indian medicine;
(k) "University" means any University in India established by law and having a Factulty of Indian Medicine and includes a University in India established by law in which instruction, teaching, training or research in Indian medicine is provided.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
SECTION 03: CONSTITUTION OF CENTRAL COUNCIL
( 1) The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely:-
(a) such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani systems of medicine from each State in which a State Register of Indian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha or Unani, as the case may be;
(b) one member for each of the Ayurveda, Siddha and Unani Systems of medicine from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of the respective system of medicine of that University;
(c) such number of members, not exceeding thirty per cent. of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Indian medicine; Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit; and reference to elected members in this Act shall be construed as including references to members so nominated.
(2) The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed.
(3) There shall be a Vice-President for each of Ayurveda, Siddha and Unani systems of medicine who shall be elected from amongst themselves by members representing that system of medicine, elected under clause (a) or clause (b) of sub-section (1) or nominated under clause (c) of that sub-section.
SECTION 04: MODE OF ELECTION
(1) An election under clause (a) or clause (b) of sub-section (1) ofsection 3-shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf.
(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Government whose decision shall be final.
SECTION 05: RESTRICTION ON ELECTIONS AND MEMBERSHIP
(l) No person shall be eligible for election to the Central Council unless he possesses any of the medical qualifications included in the Second, Third or Fourth Schedule is enrolled on any State Register of Indian Medicine and resides in the State concerned.
(2) No person may at the same time serve as a member in more than one capacity.
SECTION 06: INCORPORATION OF CENTRAL COUNCIL
The Central Council shall be a body corporate by the name of the Central Council of Indian Medicine having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sued.
SECTION 07: TERM OF OFFICE OF PRESIDENT, VICE-PRESIDENT AND MEMBERS OF CENTRAL COUNCIL
(1) The President, a Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer.
(2) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the Central Council or, in the case of a member elected under clause (a) of sub-section (1) of section 3-, if he ceases to be enrolled on the concerned State Register of Indian Medicine, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by whatever name called) of Indian Medicine of the University concerned.
(3) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(4) Members of the Central Council shall be eligible for re-election or renomination.
(5) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.
SECTION 08: MEETINGS OF CENTRAL COUNCIL
(1) The Central council shall meet at least once in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one-third of the total number of members of the Central Council shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members present and voting: Provided that no decision of the Central Council in relation to any Indian medicine shall be effective unless three members representing Ayurveda, Siddha or Unani system of medicine, as the case may be, are present at the meeting and support the decision.
SECTION 09: COMMITTEES FOR AYURVEDA, SIDDHA AND UNANI
(1) The Central Council shall constitute from amongst its members,-
(a) a committee for Ayurveda;
(b) a committee for Siddha; and
(c) a committee for Unani, and each such committee shall consist of members elected under clause (a) or clause (b) or nominated under clause (c) of subsection (1) ofsection 3-representing the Ayurveda, Siddha or Unani system of medicine, as the case may be.
(2) The Vice-President for each of the Ayurveda, Siddha and Unani systems of medicine elected under sub-section (3) ofsection 3-shall be, respectively, the Chairman of the Committees referred to in clauses (a), (b) and (c) of sub-section (1).
(3) Subject to such general or special directions as the Central Council may from time to time give, each such committee shall be competent to deal with any matter relating to Ayurveda, Siddha or Unani system of medicine, as the case may be, within the competence of the Central Council.
SECTION 10: OTHER COMMITTEES
- The Central Council may constitute from amongst its members such other committees for general or special purposes as the Central Council deems necessary to carry out the purposes of this Act.
SECTION 11: MEETINGS OF COMMITTEES
(1) The committees constituted under sections 9-and10-shall meet at least once in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form a quorum, and all the acts of the committee shall be decided by a majority of the members present and voting.
SECTION 12: OFFICERS AND OTHER EMPLOYEES OF CENTRAL COUNCIL
- The Central Council shall-
(a) appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer;
(b) employ such other persons as it deems necessary to carry out the purposes of this Act;
(c) require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Central Council deems necessary; and
(d) with the previous sanction of the Central Government fix the remuneration and allowances to be paid to the President; Vice-President and members of the Central Council and to the members of the Committees thereof and determine the conditions of service of the employees of the Central Council.
SECTION 13: VACANCIES IN THE CENTRAL COUNCIL AND COMMITTEES THEREOF NOT TO INVALIDATEACTS, ETC
- No act or proceeding of the Central Council or any committee thereof shall be called to question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Central Council or the committee, as the case may be.
SECTION 13A: PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL INSTITUTION, NEW COURSE OFSTUDY, ETC
2(1) Notwithstanding anything contained in this Act or any other law for the time being in force,—
(a) no person shall establish a medical institution; or
(b) no medical institution shall—
(i) open a new or higher course of study or training, including a postgraduate course of study or training, which would enable students of such course or training to qualify himself for the award of any recognised medical qualification; or
(ii) increase its admission capacity in any course of study or training including a postgraduate course of study or training except with the previous permission of the Central Government obtained in accordance with the provisions of this section.
Explanation 1.—For the purposes of this section, "person" includes any University or a trust, but does not include the Central Government.
Explanation 2.—For the purposes of this section, "admission capacity", in relation to any course of study or training, including postgraduate course of study or training, in a medical institution, means the maximum number of students as may be fixed by the Central Council from time to time for being admitted to such course or training.
(2) Every person or medical institution shall, for the purpose of obtaining permission under sub-section (1) submit to the Central Government a scheme in accordance with the provisions of sub-section (3) and the Central Government shall refer the scheme to the Central Council for its recommendations.
(3) The scheme referred to in sub-section (2), shall be in such form and contain such particulars and be preferred in such manner and accompanied with such fees, as may be prescribed.
(4) On receipt of a scheme from the Central Government under sub-section (2), the Central Council may obtain such other particulars as may be considered necessary by it from the person or medical institution concerned, and thereafter, it may,—
(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or medical institution concerned for making a written representation and it shall be open to such person or medical institution to rectify the defects, if any, specified by the Central Council;
(b) consider the scheme, having regard to the factors referred to in subsection (8) and submit it to the Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.
(5) The Central Government may, after considering the scheme and recommendation of the Central Council under sub-section (4) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or institution concerned and having regard to the factors referred to in sub-section (8), either approve the scheme with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1) :
Provided that no scheme shall be disapproved by the Central Government except after giving the person or medical institution concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the Central Government lo submit a fresh scheme and the provision of this section shall apply to such scheme, as if, such scheme had been submitted for the first time under sub-section (2).
(6) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (2), no order is communicated by the Central Government to the person or medical institution submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.
(7) In computing the time-limit specified in sub-section (6), the time taken by the person or medical institution concerned submitting the scheme, in furnishing any particulars called for by the Central Council, or by the Central Government shall be excluded.
(8) The Central Council while making its recommendations under clause (b) of subsection
(4) and the Central Government while passing an order, either approving or disapproving the scheme under sub-section (5), shall have due regard to the following factors, namely:—
(a) whether the proposed medical Institution or the existing medical institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Central Council under Section 22;
(b) whether the person seeking to establish a medical institution or the existing medical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital or other facilities to ensure proper functioning of the medical institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical institution or course of study or training or the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical institution or the course of study or training by persons having recognised medical qualifications;
(f) the requirement of manpower in the field of practice of Indian medicine in the institution;
(g) any other factors as may be prescribed.
(9) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or medical institution concerned.
SECTION 13B: NON-RECOGNITION OF MEDICAL QUALIFICATIONS IN CERTAIN CASES
2 (1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of Section 13-A, medical qualification granted to any student of such medical institution shall not be deemed to be a recognised medical qualification for the purposes of this Act.
(2) Where any medical institution opens a new or higher course of study or training including a postgraduate course of study or training without the previous permission of the Central Government in accordance with the provisions of Section 13-A. medical qualification granted to any student of such institution on the basis of such study or training shall not be deemed to be recognised medical qualification for the purposes of this Act.
(3) Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of Section 13-A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of this Act.'
SECTION 14: RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY CERTAIN MEDICALINSTITUTIONS IN INDIA
(1) The medical qualifications granted by any University, Board or other medical institution in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act.
(2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognised, and the Central Government, after consulting the Central Council, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.
SECTION 15: RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY CERTAIN MEDICALINSTITUTIONS WHOSE QUALIFICATIONS ARE NOT INCLUDED IN SECOND SCHEDULE
The medical qualifications included in the Third Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in any area which was comprised before that date within India as defined in the Government of India Act, 1935, shall also be recognised medical qualifications for the purposes of this Act.
SECTION 16: RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS INCOUNTRIES WITH WHICH THERE IS A SCHEME OF RECIPROCITY
(1) The medical qualifications granted by medical institutions outside India which are included in the Fourth Schedule shall be recognised medical qualifications for the purposes of this Act.
(2) The Central Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a Register of practitioners of Indian medicine, for the settling of a scheme of reciprocity for the recognition of medical qualifications in Indian medicine, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Fourth Schedule so as to include therein any medical qualification which the Central Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Fourth Schedule against such medical qualifications declaring that it shall be recognised medical qualification only when granted after a specified date.
SECTION 17: RIGHTS OF PERSONS POSSESSING QUALIFICATIONS INCLUDED IN SECOND, THIRD ANDFOURTH SCHEDULES TO BE ENROLLED
(1) Subject to the other provisions contained in this Act, any medical qualification included in the Second, Third or Fourth Schedule shall be sufficient qualification for enrolment on any State Register of Indian Medicine.
(2) Save as provided in section 28-, no person other than a practitioner of Indian medicine who possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of Indian Medicine-
(a) shall hold office as Vaid, Siddha, Hakim or physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority;
(b) shall practise Indian medicine in any State;
(c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;
(d) shall be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872, on any matter relating to Indian medicine.
(3) Nothing contained in sub-section (2) shall affect,
(a) the right of a practitioner of Indian medicine enrolled on a State Register of Indian Medicine to practise Indian medicine in any State merely on the ground that, on the commencement of this Act, he does not possess a recognised medical qualification.
(b) the privileges (including the right to practise any system of medicine) conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State on a practitioner of Indian medicine enrolled on a State Register of Indian Medicine;
(c) the right of a person to practise Indian medicine in a State in which, on the commencement of this Act, a State Register of Indian Medicine is not maintained if, on such commencement, he has been practising Indian medicine for not less than five years;
(d) the rights conferred by or under theIndian Medical Council Act, 1956(including the right to practise medicine as defined in clause (f) ofsection 2-of the said Act), on persons possessing any qualifications included in the Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
SECTION 18: POWER TO REQUIRE INFORMATION AS TO COURSES OF STUDY AND EXAMINATIONS
Every University, Board or medical institution in India which grants a recognised medical qualification shall furnish such information as the Central Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
SECTION 19: INSPECTORS AT EXAMINATIONS
(1) The Central Council shall appoint such number of medical inspectors as it may deem requisite to inspect any medical college, hospital or other institution where education in Indian medicine is given, or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Government recognition of medical qualifications granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the sufficiency of every examination which they attend.
(3) The Central Council shall forward a copy of any such report to the University, Board or medical institution concerned, and shall also forward a copy with the remarks of the University, Board or medical institution thereon, to the Central Government.
SECTION 20: VISITORS AT EXAMINATIONS
(1) The Central Council may appoint such number of visitors as it may deem requisite to inspect any medical college, hospital or other institution where education in Indian medicine is given or to attend any examination for the purpose of granting recognised medical qualifications.
(2) Any person, whether he is a member of the Central Council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under section 19-for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President of the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President of the Central Council otherwise directs: Provided that if the Central Government requires a copy of the report of a visitor, the Central Council shall furnish the same.
SECTION 21: WITHDRAWAL OF RECOGNITION
(1) When upon report by the inspector or the visitor, it appears to the Central Council- (a) that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, any University, Board or medical institution, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University, Board or medical institution or in any college or other institution affiliated to the University, do not conform to the standard prescribed by the Central Council, the Central Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the Government of the State in which the University, Board or medical institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the University, Board or medical institution; with an intimation of the period within which the University, Board or medical institution may submit its explanation to the State Government.
(3) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then, on the expiry of that period, the State Government shall make its recommendations to the Central Government.
(4) The Central Government, after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date, or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognised medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be recognised medical qualification in relation to a specified college or institution affiliated to any University only ; when granted after a specified date.
SECTION 22: MINIMUM STANDARDS OF EDUCATION IN INDIAN MEDICINE
(1) The Central Council may prescribe the minimum standards of education in Indian medicine, required for granting recognised medical qualifications by Universities, Boards or medical institutions in India.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments and the Central Council shall, before submitting the regulations or any amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
(3) Each of the Committees referred to in clauses (a), (b) and (c) of sub-section (1) of section 9-shall, from time to time, report to the Central Council on the efficacy of the regulations and may recommend to the Central Council such amendments thereof as it may think fit.
SECTION 23: THE CENTRAL REGISTER OF INDIAN MEDICINE
(1) The Central Council shall cause to be maintained in the prescribed manner, a register of practitioners in separate parts for each of the system of Indian medicine to be known as the Central Register of Indian Medicine which shall contain the names of all persons who are for the time being enrolled on any State Register of Indian Medicine and who possess any of the recognised medical qualifications.
(2) It shall be the duty of the Registrar of' the Central Council to keep and maintain the Central Register of Indian medicine in accordance with the provisions of this Act and of any orders made by the Central Council, and from time to time to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed.
(i) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the Gazette of India.
SECTION 24: SUPPLY OF COPIES OF STATE REGISTER OF INDIAN MEDICINE
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