The Indian Medical Council Act 1956
The Indian Medical Council Act 1956
(102 of 1956)
1.
1. This Act may be called the Indian Medical Council Act, 1956.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
DEFINITIONS
3.
MODE OF ELECTION
4.
1. (a) An election under clause (b), clause (c) or clause (d) of sub-section (1) of
section 3 shall be conducted by the Central Government in accordance with
such rules as may be made by it in this behalf, and any rules so made may
provide that pending the preparation of the Indian Medical Register in
accordance with provisions of this Act, the members referred to in clause (d)
of sub-section (1) of section 3 may be nominated by the Central Government
instead of being elected as provided therein.
2. Where any dispute arises regarding any election to the Council, it shall be
referred to the Central Government whose decision shall be final.
5.
1. No person shall be eligible for nomination under clause (a) of sub-section (1)
of section 3 unless he possesses any of the medical qualifications included in
the First and Second Schedules, resides in the State concerned, and where a
State Medical Register is maintained in that State, is enrolled on that Register.
2. No person may at the same time serve as a member in more than one
capacity.
6.
The Council so constituted shall be a body corporate by the name of the Medical
Council of India,
having perpetual succession and a common seal, with power to acquire and
hold property, both movable and immovable, and to contract and shall by the
said name sue and be sued.
7.
8.
1. The Council shall meet at least once in each year at such time and
place as may be appointed by the Council.
2. Unless otherwise provided by regulations fifteen members of the
Council shall form a quorum, and all the acts of the Council shall be
decided by a majority of the members present and voting.
10.
10.A
1. Notwithstanding anything contained in this Act or any other law for the
time being in force:-
Explanation 1 - For the purposes of this section, "person" includes any University or
a trust but does not include the Central Government.
2.
4. The Central Govt. may after considering the scheme and the
recommendations of the Council under sub-section (3) and after
obtaining, where necessary, such other particulars as may be
considered necessary by it from the person or college concerned, and
having regard to the factors referred to in sub-section (7), either
approve (with such conditions, if any, as it may consider necessary ) or
disapprove the scheme, and any such approval shall be a permission
under sub-section (1):
Provided that no scheme shall be disapproved by the Central
Government except after giving the person or college concerned a
reasonable opportunity of being heard; Provided further that nothing
in this sub section shall prevent any person or medical college whose
scheme has not been approved by the Central Government to submit a
fresh scheme and the provisions of this section shall apply to such
scheme, as if such scheme has been submitted for the first time under
sub-section (1).
5. Where, within a period of one year from the date of submission of the
scheme to the Central Government under sub-section (1), no order
passed by the Central Government has been communicated to the
person or college submitting the scheme, such scheme shall be
deemed to have been approved by the Central Government in the form
in which it had been submitted, and accordingly, the permission of the
Central Government required under sub-section (1) shall also be
deemed to have been granted.
6. In computing the time-limit specified in sub-section (5), the time taken
by the person or college concerned submitting the scheme, in
furnishing any particulars called for by the Council, or by the Central
Government, shall be excluded.
7. The Council, while making its recommendations under clause (b) of
sub-section (3) and the Central Government, while passing an order,
either approving or disapproving the scheme under sub-section (4),
shall have due regard to the following factors, namely:-
10B
Explanation - For the purposes of this section, the criteria for identifying a student
who has been granted a medical qualification on the basis of such increase in the
admission capacity shall be such as may be prescribed.
TIME FOR SEEKING PERMISSION FOR CERTAIN EXISTING MEDICAL COLLEGES, ETC.
10C
1. If, after, the 1st day of June, 1992 and on and before the
commencement of the Indian Medical Council (Amendment) Act, 1993
any person has established a medical college or any medical college
has opened a new or higher course of study or training or increased
the admission capacity, such person or medical college, as the case
may be, shall seek, within a period of one year from the
commencement of the Indian Medical Council (Amendment) Act, 1993
the permission of the Central Government in accordance with the
provisions of section 10A.
2. If any person or medical college, as the case may be fails to seek the
permission under sub section (1) the provisions of section 10B shall
apply, so far as may be as if, permission of the Central Government
under section 10A has been refused;
12.
13.
Provided further that nothing contained in the first proviso shall apply
to inclusion in Part II of the Third Schedule any primary medical
qualification granted by any medical institution outside India to any
person whose name is entered in the Indian Medical Register.
(4B) A person who is a citizen of India shall not, after such date as
may be specified by the Central Government under sub-section (3), be
eligible to get admission to obtain medical qualification granted by any
medical institution in any foreign country without obtaining an
eligibility certificate issued to him by the Council and in case any such
person obtains such qualification without obtaining such eligibility
certificate, he shall not be eligible to appear in the screening test
referred to in sub-section (4A):
14.
15.
16.
Every University or medical institution in India which grants a recognised medical
qualification shall furnish such information as the Council may, from time to time,
require as to the courses of study and examinations to be undergone in order to
obtain such qualification, as to the ages at which such courses of study and
examinations are required to be undergone and such qualification is conferred and
generally as to the requisites for obtaining such qualification.
INSPECTION OF EXAMINATIONS
17.
VISITORS AT EXAMINATIONS
18.
Provided that if the Central Government requires a copy of the report of a visitor, the
Council shall furnish the same.
WITHDRAWAL OF RECOGNITION
19.
19.A
20.
PROFESSIONAL CONDUCT
20.A
21.
1. The Council shall cause to be maintained in the prescribed manner a register
of medical practitioners to be known as the Indian Medical Register, which
shall contain the names of all persons who are for the time being enrolled on
any State Medical Register and who possess any of the recognised medical
qualifications.
2. It shall be the duty of the Registrar of the Council to keep the Indian Medical
Register in accordance with the provisions of this Act and of any orders made
by the Council, and from time to time to revise the register and publish it in
the Gazette of India and in such other manner as may be prescribed.
3. Such register shall be deemed to be public document within the meaning of
the Indian Evidence Act, 1872 and may be proved by a copy published in the
Gazette of India.
22.
Each State Medical Council shall supply to the Council six printed copies of the State
Medical Register as soon as may be after the commencement of this Act and
subsequently after the first day of April of each year, and each Registrar of a State
Medical Council shall inform the Council without delay of all additions to and other
amendments in the State Medical Register made from time to time.
REGISTRATION IN THE INDIAN MEDICAL REGISTER
23.
The Registrar of the Council, may, on receipt of the report of registration of a person
in a State Medical Register or on application made in the prescribed manner by any
such person, enter his name in the Indian Medical Register, Provided that the
Registrar is satisfied that the person concerned possesses a recognised medical
qualification.
REMOVAL OF NAMES FROM THE INDIAN MEDICAL REGISTER
24.
PROVISIONAL REGISTRATION
25
1. A citizen of India possessing a medical qualification granted by a medical
institution outside India included in part II of the Third Schedule, who is
required to undergo practical training as prescribed under sub section (3) of
Section 13, shall, on production of proper evidence that he has been selected
for such practical training in an approved institution be entitled to be
registered provisionally in a State Medical Register and shall be entitled to
practice medicine in the approved institution for the purposes of such training
and for no other purpose.
2. A person who has passed the qualifying examination of any university or
Medical Institution in India for the grant of a recognized medical qualification
shall be entitled to be registered provisionally in a State Medical Register for
the purpose of enabling him to be engaged in employment in a resident
medical capacity in any approved institution, or in the Medical Service of the
Armed Forces of the Union, and for no other purpose, on production of proper
evidence that he has been selected for such employment.
3. The names of all persons provisionally registered under sub-section (1) or
sub-section (2) in the State Medical Register shall be entered therein
separately from the names of other persons registered therein.
4. A person registered provisionally as aforesaid who has completed practical
training referred to in sub section (1) or who has been engaged for the
prescribed period in employment in a resident medical capacity in any
approved institution or in the Medical service of the Armed Forces of the
Union, as the case may be, shall be entitled to registration in the State
Medical Register under Section 15.
26.
1. If any person whose name is entered in the Indian Medical Register obtains
any title, diploma or other qualification for proficiency in sanitary science,
public health or medicine which is a recognized medical qualification, he shall,
on application made in this behalf in the prescribed manner be entitled to
have any entry stating such other title, diploma or other qualification made
against his name in the Indian Medical Register either in substitution for or in
addition to any entry previously made.
2. The entries in respect of any such person in a State Medical Register shall be
altered in accordance with the alterations made in the Indian Medical Register.
27.
Subject to the conditions and restrictions laid down in this Act, regarding medical
practice by persons possessing certain recognised medical qualifications, every
person whose name is for the time being borne on the Indian Medical Register shall
be entitled according to his qualifications to practice as a medical practitioner in any
part of India and to recover in due course of law in respect of such practice any
expenses, charges in respect of medicaments or other appliances, or any fees to
which he may be entitled.
PERSONS ENROLLED ON THE INDIAN MEDICAL REGISTER TO NOTIFY CHANGE OF
PLACE OF RESIDENCE OR PRACTICE
28.
Every person registered in the Indian Medical Register shall notify any transfer of the
place of his residence or practice to the Council and to the State Medical Council
concerned, within thirty days of such transfer failing which his right to participate in
the election of members to the Council or a State Medical Council shall be liable to be
forfeited by order of the Central Government either permanently or for such period
as may be specified therein.
INFORMATION TO BE FURNISHED BY THE COUNCIL AND PUBLICATION THEREOF
29.
1. The Council shall furnish such reports, copies of its minutes, abstracts of its
accounts, and other information to the Central Government as that
Government may require.
2. The Central Government may publish in such manner as it may think fit, any
report, copy, abstract or other information furnished to it under this section or
under sections 17 and 18.
COMMISSION OF INQUIRY
30.
31.
No suit, prosecution or other legal proceeding shall lie against the Government, the
Council or a State Medical Council or any Committee thereof, or any Officer or
servant of the Government or Councils aforesaid for anything which is in good faith
done or intended to be done under this Act.
POWER TO MAKE RULES
32.
33.
The Council may, with the previous sanction of the Central Government, make
regulations generally to carry out the purposes of this Act, and without prejudice to
the generality of this power, such regulations may provide for:-
34.
The following Act of Parliament received the assent of the President on the 2nd April
1993, and is hereby published for general information:
An Act further to amend the Indian Medical Council Act, 1956. Be it enacted by
Parliament in the Forty fourth year of the Republic of India as follows:- Short title
and commencement
1.
(1) The Act may be called the Indian Medical Council (Amendment) Act, 1993.
(2) It shall be deemed to have come into force on the 27th day of August. 1992.
2. After section 10 of the Indian Medical Council Act 1956 (hereinafter referred
to as the principal Act), [102 of 1956] the following sections shall be inserted
namely:-
10A.
(1) Notwithstanding anything contained in this Act or any other law for the time
being in force:-
a. Every person or medical college shall, for the purpose of obtaining permission
under sub-section (1), submit to the Central Government a scheme in
accordance with the provisions of clause (b) and the Central Government shall
refer the scheme to the Council for its recommendations.
b. The scheme referred to in clause (a) shall be in such form and contain such
particulars and be [preferred in such manner and be accompanied with such
fee as may be prescribed.
(3) On receipt of a scheme by the Council under sub-section (2), the Council may
obtain such other particulars as may be considered necessary by it from the person
or the medical college concerned and thereafter, it may-
a. if the scheme is defective and does not contain any necessary particulars give
a reasonable opportunity to the person or college concerned for making a
written representation and it shall be open to such person or medical college
to rectify the defects, if any, specified by the Council;
b. consider the scheme having regard to the factors referred to in sub-section
(7), and submit the scheme together with its recommendations thereon to the
Central Government.
(4) The Central Government may after considering the scheme and the
recommendations of the Council under sub-section (3) and after obtaining, where
necessary, such other particulars as may be considered necessary by it from the
person or college concerned and having regard to the factors referred to in sub-
section (1), either approve (with such conditions, if any, as it may consider
necessary) or disapprove the scheme and any such approval shall be a permission
under sub-section (1)
provided that no scheme shall be disapproved by the Central Government except
after giving the person or college concerned a reasonable opportunity of being
heard: Provided further that nothing in this sub-section shall prevent any person or
medical college whose scheme has not been approved by the Central Government to
submit a fresh scheme and the provisions of this section shall apply to such scheme
as if such scheme has been submitted for the first time under sub-section (2)
(5) Where, within a period of one year from the date of submission of the scheme to
the Central Government under sub-section (2), no order passed by the Central
Government has been approved by the Central Government in the form in which it
has been submitted and accordingly, the permission of the Central Government
required under sub-section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub-section (5), the time taken by the
person or college concerned submitting the scheme in furnishing any particulars
called for by the Council, or by Central Government, shall be excluded.
(7) The Council, while making its recommendations under clause (b) of sub-section
(3) and the Central Government while passing on order, either approving or
disapproving the scheme under sub-section (4), shall have due regard to the
following factors, namely:-
a. whether the proposed medical college or the existing medical college seeking
to open a now or higher course of study or training, would be in a position, to
offer the minimum standards of medical education as prescribed by the
Council under section 19A or, as the case may be, under section 20 in the
case of post-graduate medical education.
b. whether the person seeking to establish a medical college or the existing
medical college seeking to open a new or higher course of study or training or
to increase its admission capacity has adequate financial resources:
c. whether necessary facilities in respect of staff, equipment, training and other
facilities to ensure proper functioning of the medical college or conducting the
new course of study or training or accommodating the increased admission
capacity have been provided or would be provided within the time-limit
specified in the scheme:
d. whether adequate hospital facilities, having regard to the number of students
likely to attend such medical college or course of study or training or as a
result of the increased admission capacity, have been provided or would be
provided within the time-limit specified in the scheme:
e. whether any arrangement has been made or programme drawn to impart
proper training to students likely to attend such medical college or course of
study or training by persons having the recognised medical qualifications;
f. the requirement of manpower in the field of practice of medicine; and
g. any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving
a scheme under this section, a copy of the order shall be communicated to the
person or college concerned.
Non-recognition of medical qualifications in certain cases
10B
1. Where any medical college is established except with the previous permission
of the Central Government in accordance with the provision of section 10A, no
medical qualification granted to any student of such medical college shall be a
recognised medical qualification for the purposes of this Act.
2. Where any medical college opens a new or higher course of study or training
(including a post-graduate course of study or training) except with the
previous permission of the Central Government in accordance with the
provisions of section 10A, no medical qualification granted to any student of
such medical college on the basis of such study or training shall be a
recognised medical qualification for the purposes of this Act.
3. Where any medical college increases its admission capacity in any course of
study or training except with the previous permission of the Central
Government in accordance with the provision of section 10A, no medical
qualification granted to any student of such medical college on the basis of
the increase in its admission capacity shall be a recognised medical
qualification for the purposes of this Act.
Explanation – For the purposes of this section, the criteria for identifying a student
who has been granted a medical qualification on the basis of such increase in the
admission capacity shall be such as may be prescribed.
Time for seeking permission for certain existing medical colleges etc.
10C
1. If, after the 1st day of June, 1992 and on and before the commencement of
the Indian Medical Council (Amendment) Act, 1993 any person has
established a medical college or any medical college has opened a new or
higher course of study or training or increased the admission capacity, such
person or medical college, as the case may be, shall seek, within a period of
one year from the commencement of the Indian Medical Council
(Amendment) Act, 1993, the permission of the Central Government in
accordance with the provisions of section 10A.
2. If any person or medical college, as the case may be fails to seek the
permission under sub-section (1), the provisions of section 10B shall apply, so
far as may be as if, permission of the Central Government under section 10A
has been refused.
AMENDMENT OF SECTION 33
3. In section 32 of the principal Act, after clause (f) the following clauses shall
be inserted, namely:-
"(fa) the form of the scheme, the particulars to be given in such scheme, the manner
in which the scheme is to be preferred and the fee payable with the scheme under
clause (b) of sub-section (2) of section 10A;
(fb) any other factors under clause (g) of sub-section (7) of section 10A;
(fc) the criteria for identifying a student who has been granted a medical qualification
referred to in the Explanation to sub-section (3) of section 10B".
Repeal and saving
(1) The Indian Medical Council (Amendment) Ordinance, 1993 (ORD 2 of 1993) is
hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken
under the principal Act, as amended by the said Ordinance, shall be deemed to have
been done or taken under the principal Act, as amended by this Act.
B R ATRE
Joint Secy. to the Govt. of India
Extraordinary
Part II – Section 1
Published by authority
No. 41 New Delhi
Monday, September 3, 2001/BHADRA 12, 1923
The following Act of Parliament received the assent of the President on the 3rd
September, 2001, and is hereby published for general information:-
An Act further to amend the Indian Medical Council Act, 1956. Be it enacted by
Parliament in the Fifty-second Year of the Republic of India as follows: Short Title
1. This Act may be called the India Medical Council (Amendment) Act, 2001.
Amendment of Section 13
2. In the Indian Medical Council Act, 1956 (102 of 1956) (hereinafter referred to
as the principal Act, in section 13, -
Provided that after the commencement of the Indian Medical Council (Amendment)
Act, 2001, no such amendment shall be made in Part II of the Third Schedule to
include any primary medical qualification granted by any medical institution outside
India:
Provided further that nothing contained in the first proviso shall apply to inclusion in
Part II of the Third Schedule any primary medical qualification granted by any
medical institution outside India to any person whose name is entered in the Indian
Medical Register.
(4A) A person who is a citizen of India and obtains medical qualification granted by
any medical institution in any country outside India recognised for enrolment as
medical practitioner in that country after such date as may be specified by the
Central Government under sub-section (3), shall not be entitled to be enrolled on
any Medical Register maintained by a State Medical Council or to have his name
entered in the Indian Medical Register unless he qualified the screening test in India
prescribed for such purpose and such foreign medical qualification after such person
qualifies that said screening test shall be deemed to be the recognised medical
qualification for the purposes of this Act for that person.
(4B) A person who is a citizen of India shall not, after such date as may be specified
by the Central Government under sub-section (3), be eligible to get admission to
obtain medical qualification granted by any medical institution in any foreign country
without obtaining an eligibility certificate issued to him by the Council and in case
any such person obtains such qualification without obtaining such eligibility
certificate, he shall not be eligible to appear in the screening test referred to in sub-
section (4A):
Provided that an Indian citizen who has acquired the medical qualification from
foreign medical institution or has obtained admission in foreign medical institution
before the commencement of the Indian Medical Council (Amendment) Act, 2001
shall not be required to obtain eligibility certificate under this sub-section but, if he is
qualified for admission to any medical course for recognised medical qualification in
any medical institution in India, he shall be required to qualify only the screening
test prescribed for enrolment on any State Medical Register or for entering his name
in the Indian Medical Register.
(4C) Nothing contained in sub-sections (4A) and (4B) shall apply to the medical
qualifications referred to in section 14 for the purposes of that section.
Amendment of Section 33
1. In section 33 of the principal Act, after clause (m), the following clause shall
be inserted, namely:-
"(ma) the modalities for conducting screening tests under the sub-section (4A), and
under the proviso to sub-section (4B), and for issuing eligibility certificate under sub-
section (4B), of section 13,".
Subhash C. Jain
Secy. to the Govt. of India