THE INDIAN MEDICAL COUNCIL ACT, 1956

(102 of 1956)

30th December, 1956

(As amended by the

Indian Medical Council (Amendment) Acts, 1964, 1993 & 2001)

AN ACT TO PROVIDE FOR THE RECONSTITUTION OF THE MEDICAL COUNCIL OF

INDIA AND THE MAINTENANCE OF A MEDICAL REGISTER FOR INDIA AND FOR
MATTERS CONNECTED THEREWITH.

Be it enacted by Parliament in the seventh year of the Republic of India as follows:-

SHORT TITLE, EXTENT & COMMENCEMENT

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

2. In this Act, unless the context otherwise requires:-

a. "approved institution" means a hospital, health centre or other such

institution recognised
b. by a university as an institution in which a person may undergo the
training, if any, required by his course of study before the award of
any medical qualification to him.
c. "council" means the Medical Council of India constituted under this
Act.
d. ["deleted" by Indian Medical Council (Amendment) Act, 1964.]
e. "Indian Medical Register" means the medical register maintained by
the Council.
f. "Medical Institution" means any institution, within or without India,
which grants degrees, diplomas or licences in medicine.
g. "medicine" means modern scientific medicine in all its branches and
includes surgery and obstetrics, but does not include veterinary
medicine and surgery;
h. "Prescribed" means prescribed by regulations.
i. "recognised medical qualification" means any of the medical
qualifications included in the Schedules.
j. "regulation" means a regulation made under section 33;
k. "State Medical Council" means a medical council constituted under any
law for the time being in force in any State regulating the registration
of practitioners of medicine.
 l. "State Medical Register" means a register maintained under any law
for the time being in force in any State regulating the registration of
practitioners of medicine.
m. "University" means any University in India established by law and
having a medical faculty.

CONSTITUTION & COMPOSITION OF THE COUNCIL

3.

1. The Central Government shall cause to be constituted a council consisting of

the following members, namely:-
a. One member from each State other than a Union Territory to be
nominated by the Central Government in consultation with the State
Government concerned.
b. One member from each University to be elected from amongst the
members of the medical faculty of the University by members of the
Senate of the University or in case the University has no Senate, by
members of the Court.
c. One member from each State in which a State Medical Register is
maintained, to be elected from amongst themselves by persons
enrolled on such register who possess the medical qualifications
included in the First or the Second Schedule or in Part II of the Third
Schedule.
d. Seven members to be elected from amongst themselves by persons
enrolled on any of the State Medical Registers who possess the
medical qualifications included in Part I of the Third Schedule.
e. Eight members to be nominated by the Central Govt.
2. The President and Vice-President of the Council shall be elected by the
members of the Council from amongst themselves.
3. No act done by the Council shall be questioned on the ground merely of the
existence of any vacancy in, or any defect in the constitution of the Council.

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.

RESTRICTIONS ON NOMINATION AND MEMBERSHIP

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.

INCORPORATION OF THE COUNCIL

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.

TERM OF OFFICE OF PRESIDENT, VICE-PRESIDENT AND MEMBERS

7.

1. The President or Vice-President of the Council shall hold office for a

term not exceeding five years and not extending beyond the expiry of
his term as member of the Council.
2. Subject to the provisions of this section, a member shall hold office for
a term of five years from the date of his nomination or election or until
his successor shall have been duly nominated or elected, whichever is
longer.
3. An elected or nominated member shall be deemed to have vacated his
seat if he is absent without excuse, sufficient in the opinion of the
Council from three consecutive ordinary meetings of the Council, or in
the case of a member elected under clause (b) of sub-section (1) of
section 3, if he ceases to be a member of the medical faculty of the
university concerned, or in the case of a member elected under clause
(c) or clause (d) of that sub-section, if he ceases to be a person
enrolled on the State Medical Register concerned.
4. A casual vacancy in the Council shall be filled by nomination or
election, as the case may be, and the person nominated or elected to
fill the vacancy shall hold office only for the remainder of the term for
which the member whose place he takes was nominated or elected.
5. Members of the Council shall be eligible for re-nomination or re-
election.
6. Where the said term of five years is about to expire in respect of any
member, a successor may be nominated or elected at any time within
three months before the said term expires but he shall not assume
office until the said term has expired.

MEETINGS OF THE COUNCIL

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.

OFFICERS, COMMITTEES AND SERVANTS OF THE COUNCIL

9. The Council Shall:

1. constitute from amongst its members an Executive Committee and

such other committees for general or special purposes as the Council
deems necessary to carry out the purposes of this Act.
2. appoint a Registrar who shall act as Secretary and who may also, if
deemed expedient, act as Treasurer.
3. employ such other persons, as the Council deems necessary to carry
out the purposes of this Act.
4. require and take from the Registrar, or from any other employee, such
security for the due performance of his duties as the Council deems
necessary and
5. With the previous sanction of the Central Government fix the
remuneration and allowances to be paid to the President, Vice-
President and members of the Council and determine the conditions of
service of the employees of the Council.

THE EXECUTIVE COMMITTEE

10.

1. The Executive Committee, hereinafter referred to as the Committee

shall consist of the President and Vice-President, who shall be
members ex-officio and not less than seven and not more than ten
other members who shall be elected by the Council from amongst its
members.
2. The President and Vice-President shall be the President and Vice-
President respectively of the Committee.
3. In addition to the powers and duties conferred and imposed upon it by
this Act, the Committee shall exercise and discharge such powers and
duties as the Council may confer or impose upon it by any regulations
which may be made in this behalf.

PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF

STUDY ETC.

10.A

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

a. no person shall establish a medical college

( or )
b. no medical college shall:-
 i. open a new or higher course of study or training
(including a postgraduate course of study or training)
which would enable a student of such course or training
to qualify himself for the award of any recognised
medical qualification; or
ii. increase its admission capacity in any course of study or
training (including a 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 college, means the maximum number of students that may be fixed by the
Council from time to time for being admitted to such course or training.

2.

a. Every person or medical college shall, for the purpose of

obtaining permission under sub-section (1), submit to the
Central Government a scheme in accordance with the
provisions of clause (b) and the central Government shall refer
the scheme to the Council for 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 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:-

a. whether the proposed medical college or the existing medical

college seeking to open a new or higher course of study or
training, would be in a position to offer the minimum standards
of medical education as prescribed by the Council under section
19A or, as the case may be under section 20 in the case of
postgraduate 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 it admission capacity
has adequate financial resources;
c. whether necessary facilities in respect of staff, equipment,
accommodation, training and other facilities to ensure proper
functioning of the medical college or conducting the new course
or 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 or 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 any other factors as may be prescribed.
 g. 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
provisions of section 10A, no medical qualification granted to any
student of such medical college shall 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 postgraduate course of study or training) except
with the previous permission of the Central Government in accordance
with the provisions of section 10A, no medical qualification granted to
any student of such medical college on the basis of such study or
training shall be a recognised medical qualification for the purposes of
this Act.
3. Where any medical college increases its admission capacity in any
course of study or training except with the previous permission of the
Central Government in accordance with the provisions of section 10A,
no medical qualification granted to any student of such medical college
on the basis of the increase in its admission capacity shall be a
recognised medical qualification for the purposes of this Act.

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;

RECOGNITION OF MEDICAL QUALIFICATION GRANTED BY UNIVERSITIES OR

MEDICAL INSTITUTIONS IN INDIA.
11.

1. The medical qualifications granted by any university or medical

Institution in India which are included in the first Schedule shall be
recognised medical qualifications for the purposes of this Act.
2. Any university or medical Institution in India which grants a medical
qualification not included in the First Schedule may apply to the
Central Govt., to have such qualification recognised, and the Central
Government, after consulting the Council, may, by notification in the
official Gazette, amend the First Schedule so as to include such
qualification therein, and any such notification may also direct that an
entry shall be made in the last column of the First Schedule against
such medical qualification declaring that it shall be a recognised
medical qualification only when granted after a specified date.

RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS

IN COUNTRIES WITH WHICH THERE IS A SCHEME OF RECIPROCITY

12.

1. The medical qualifications granted by medical institutions outside India

which are included in the Second Schedule shall be recognised medical
qualifications for the purposes of this Act.
2. The Council may enter into negotiations with the Authority in any
country outside India which by the law of such country is entrusted
with the maintenance of a register of medical practitioners, for the
settling of a scheme of reciprocity for the recognition of medical
qualifications and in pursuance of any such scheme, the Central
Government may, by notification in the official Gazette, amend the
Second Schedule so as to include therein the medical qualification
which the Council has decided should be recognised and any such
notification may also direct that an entry shall be made in the last
column of the Second Schedule against such medical qualification
declaring that it shall be a recognised medical qualification only when
granted after a specified date.
3. The Central Government, after consultation with the Council, may, by
notification in the Official Gazette, amend the Second Schedule by
directing that an entry be made therein in respect of any medical
qualification declaring that it shall be recognised medical qualification
only when granted before a specified date.
4. Where the Council has refused to recommend any medical qualification
which has been proposed for recognition by any Authority referred to
in sub-section (2) and that Authority applies to the Central
Government in this behalf, the Central Government, after considering
such application and after obtaining from the council a report, if any,
as to the reasons for any such refusal, may by notification in the
Official Gazette, amend the Second Schedule so as to include such
qualification therein and the provisions of sub-section (2) shall apply to
such notification.
RECOGNITION OF MEDICAL QUALIFICATION GRANTED BY CERTAIN MEDICAL
INSTITUTIONS WHOSE QUALIFICATIONS ARE NOT INCLUDED IN THE FIRST OR
SECOND SCHEDULE

13.

1. The medical qualifications granted by medical institutions in India

which are not included in the First Schedule and which are included in
Part I of the Third Schedule shall also be recognised medical
qualifications for the purposes of this Act.
2. The medical qualifications granted to a citizen of India:-

a. before the 15th day of August, 1947, by medical institutions in

the territories now forming part of Pakistan, and,
b. before the 1st day of April, 1937, by medical institutions in the
territories now forming part of Burma, which are included in
part 1 of the Third Schedule shall also be recognised medical
qualifications for the purposes of this Act.

3. The medical qualifications granted by medical institutions outside

India, before such date as the Central Government may, by notification
in the Official Gazette, specify which are included in Part IInd of the
Third Schedule shall also be recognised medical qualifications for the
purposes of this Act, but no person possessing any such qualification
shall be entitled to enrolment on any State Medical Register unless he
is a citizen of India and has undergone such practical training after
obtaining that qualification as may be required by the rules or
regulations in force in the country granting the qualification, or if he
has not undergone any practical training in that country he has
undergone such practical training as may be prescribed.
4. The Central Government, after consulting the Council, may, by
notification in the Official Gazette, amend Part II of the Third Schedule
so as to include therein any qualification granted by a medical
institution outside India, which is not included in the Second Schedule.
Provided that after the commencement of the Indian Medical Council
(Amendment) Act, 2001, no such amendment shall be made in Part II
of the Third Schedule to include any primary medical qualification
granted by any medical institution outside India:

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

Explanation- For the purposes of this sub-section, "primary medical

qualification" means any minimum qualification sufficient for enrolment
on any State Medical Register or for entering the name 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.

5. Any medical institution in India which is desirous of getting a medical

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

SPECIAL PROVISION IN CERTAIN CASES FOR RECOGNITION OF MEDICAL

QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN COUNTRIES WITH
WHICH THERE IS NO SCHEME OF RECIPROCITY.

14.

1. The Central Government after consultation with the Council, may, by

notification in the Official Gazette, direct that medical qualifications
granted by medical institutions in any country out-side India in respect
 of which a scheme of reciprocity for the recognition of medical
qualifications is not in force, shall be recognised medical qualification
for the purposes of this Act or shall be so only when granted after a
specified date:

Provided that medical practice by persons possessing such qualifications: -

a. shall be permitted only if such persons are enrolled as medical

practitioners in accordance with the law regulating the
registration of medical practitioners for the time being in force
in that country;
b. shall be limited to the institution to which they are attached for
the time being for the purposes of teaching, research or
charitable work ; and
c. shall be limited to the period specified in this behalf by the
Central Government by general or special order.

2. In respect of any such medical qualification the Central Government,

after consultation with the Council may, by notification in the Official
Gazette direct that it shall be a recognised medical qualification only
when granted before a specified date.

RIGHT OF PERSONS POSSESSING QUALIFICATIONS IN THE SCHEDULES TO BE

ENROLLED.

15.

1. Subject to the other provisions contained in this Act, the medical

qualifications included in the Schedules shall be sufficient qualification for
enrolment on any State Medical Register.
2. Save as provided in section 25, no person other than a medical practitioner
enrolled on a State Medical Register:-

a. shall hold office as physician or surgeon or any other office (by

whatever designation called) in Government or in any
institution maintained by a local or other authority;
b. shall practice medicine in any State;
c. shall be entitled to sign or authenticate a medical or fitness
certificate or any other certificate required by any law to be
signed or authenticated by a duly qualified medical practitioner:
d. shall be entitled to give evidence at any inquest or in any court
of law as an expert under section 45 of the Indian Evidence Act,
1872 on any matter relating to medicine.

3. Any person who acts in contravention of any provision of sub-section

(2) shall be punished with imprisonment for a term which may extend
to one year or with fine which may extend to one thousand rupees, or
with both;

POWER TO REQUIRE INFORMATION AS TO COURSES OF STUDY AND EXAMINATIONS

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.

1. The Committee shall appoint such number of medical inspectors as it

may deem requisite to inspect any medical institution, college, hospital
or other institution where medical education is given, or to attend any
examination held by any University or medical institution for the
propose of recommending to the Central Government recognition of
medical qualifications granted by the University or medical institution.
2. The medical inspectors shall not interfere with the conduct of any
training or examination, but shall report to the committee on the
adequacy of the standards of medical education including staff,
equipment, accommodation, training facilities prescribed for giving
medical education or on the sufficiency of every examination which
they attend.
3. The Committee shall forward a copy of any such report to the
university or medical institution concerned and shall also forward a
copy with the remarks of the University or institution thereon, to the
Central Government.

VISITORS AT EXAMINATIONS

18.

1. The Council may appoint such number of visitors as it may deem

requisite to inspect any medical institution, college, hospital or other
institution where medical education is given, or to attend any
examination held by any University or medical institution for the
purpose of granting recognised medical qualifications.
2. Any person, whether he is a member of the Council or not may be
appointed as a visitor under this section but a person who is appointed
as an inspector under section 17 for 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 Council on the
adequacy of the standards of medical education including staff,
equipment, accommodation, training and other facilities prescribed for
giving medical education or on the sufficiency of every examination
which they attend.
4. The report of a visitor shall be treated as confidential unless in any
particular case the President of the Council otherwise directs:

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

19.

1. When upon report by the Committee or the visitor it appear to the

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

2. After considering such representation, the Central Govt. may send it to

the State Government of the State in which the University or medical
Institution is situated and the State Government shall forward it along
with such remarks as it may choose to make to the University or
Medical Institution, with an intimation of the period within which the
University or medical institution may submit its explanation to the
State Government.
3. On the receipt of the explanation or, where no explanation is submitted
within the period fixed, then on the expiry of that period, the State
Government shall make its recommendations to the Central
Government
4. The Central Government, after making such further inquiry, if any, as it
may think fit, may by notification in the official Gazette, direct that an
entry shall be made in the appropriate Schedule against the said
medical qualification declaring that it shall be a recognised medical
qualification, only when granted before a specified date or that the
said medical qualification if granted to students of a specified college
or institution affiliated to any university shall be a recognised medical
qualification only when granted before a specified date or, as the case
may be, that the said medical qualification shall be a recognised
medical qualification in relation to a specified college or institution
affiliated to any University only when granted after a specified date.

MINIMUM STANDARDS OF MEDICAL EDUCATION

19.A

1. The Council may prescribe the minimum standards of medical

education required for granting recognised medical qualifications
( other than postgraduate medical qualifications ) by universities or
medical institutions in India.
2. Copies of the draft regulations and of all subsequent amendments
thereof shall be furnished by the Council to all State Governments and
the Council shall before submitting the regulations or 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. The Committee shall from time to time report to the Council on the
efficacy of the regulations and may recommend to the Council such
amendments thereof as it may think fit.

POST-GRADUATE MEDICAL EDUCATION COMMITTEE FOR ASSISTING COUNCIL IN

MATTERS RELATING TO POST-GRADUATE MEDICAL EDUCATION

20.

1. The Council may prescribe standards of Postgraduate Medical

Education for the guidance of Universities, and may advise Universities
in the matter of securing uniform standards for Postgraduate Medical
Education through out India, and for this purpose the Central Govt.
may constitute from among the members of the Council a
Postgraduate Medical Education Committee (hereinafter referred to as
the Post-graduate Committee)
2. The Postgraduate Committee shall consist of nine members all of
whom shall be persons possessing postgraduate medical qualifications
and experience of teaching or examining postgraduate students of
medicine.
3. Six of the members of the Postgraduate Committee shall be nominated
by the Central Government and the remaining three members shall be
elected by the Council from amongst its members.
4. For the purpose of considering postgraduate studies in a subject, the
Postgraduate Committee may co-opt, as and when necessary, one or
more members qualified to assist it in that subject.
5. The views and recommendations of the Postgraduate Committee on all
matters shall be placed before the Council and if the Council does not
agree with the views expressed or the recommendations made by the
Postgraduate Committee on any matter, the Council shall forward them
together with its observations to the Central Government for decision.

PROFESSIONAL CONDUCT

20.A

1. The Council may prescribe standards of professional conduct and etiquette

and a code of ethics for medical practitioners.
2. Regulations made by the Council under sub-section (1) may specify which
violations thereof shall constitute infamous conduct in any professional
respect, that is to say, professional misconduct, and such provisions shall
have effect notwithstanding anything contained in any law for the time being
in force.

INDIAN MEDICAL REGISTER

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.

SUPPLY OF COPIES OF THE STATE MEDICAL REGISTERS

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.

1. If the name of any person enrolled on a State Medical Register is removed

there from in pursuance of any power conferred by or under any law relating
to medical practitioners for the time being in force in any State, the Council
shall direct the removal of the name of such person from the Indian Medical
Register.
2. Where the name of any person has been removed from a State Medical
Register on the ground of professional misconduct or any other ground except
that he is not possessed of the requisite medical qualifications or where any
application made by the said person for restoration of his name to the State
Medical Register has been rejected, he may appeal in the prescribed manner
and subject to such conditions including conditions as to the payment of a fee
as may be laid down in rules made by the Central Government in this behalf,
to the Central Government, whose decision, which shall be given after
consulting the Council, shall be binding on the State Government and on the
authorities concerned with the preparation of the State Medical Register.

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.

REGISTRATION OF ADDITIONAL QUALIFICATIONS

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.

PRIVILEGES OF PERSONS WHO ARE ENROLLED ON 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.

1. Whenever it is made to appear to the Central Government that the

Council is not complying with any of the provisions of this Act, the
Central Government may refer the particulars of the complaint to a
Commission of Inquiry consisting of three persons two of whom shall
be appointed by the Central Government, one being a Judge of a High
Court and one by the Council, and such Commission shall proceed to
inquire in a summary manner and to report to the Central Government
as to the truth of the matters charged in the complaint, and in case of
any charge of default or of improper action being found by the
commission to have been established, the Commission shall
recommend the remedies, if any, which are in its opinion necessary.
2. The Central Government may require the Council to adopt the
remedies so recommended within such time as, having regard to the
report of the Commission, it may think fit, and if the Council fails to
comply with any such requirement, the Central Government may
amend the regulations of the Council, or make such provision or order
or take such other steps as may seem necessary to give effect to the
recommendations of the Commission.
3. A Commission of inquiry shall have power to administer oaths, to
enforce the attendance of witnesses and the production of documents,
and shall have all such other necessary powers for the purpose of any
inquiry conducted by it as are exercised by a Civil Court under the
Code of Civil Procedure, 1908.

PROTECTION OF ACTION TAKEN IN GOOD FAITH

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.

1. The Central Government may, by notification in the Official Gazette,

make rules to carry out the purposes of this Act.
2. All rules made under this section shall be laid for not less than thirty
days before both Houses of Parliament as soon as possible after they
are made, and shall be subject to such modifications as Parliament
may make during the session in which they are so laid or the session
immediately following.

POWER TO MAKE REGULATIONS

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:-

a. the management of the property of the Council and the maintenance

and audit of its accounts;
b. the summoning and holding of meetings of the Council, the times and
places where such meetings are to be held, the conduct of business
thereat and the number of members necessary to constitute a
quorum;
c. the resignation of members of the Council;
d. the powers and duties of the President and Vice-President
e. the mode of appointment of the Executive Committee and other
Committees, the summoning and holding of meetings and the conduct
of business of such Committees;
f. the tenure office, and the powers and duties of the Registrar and other
officers and servants of the Council; (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;
g. the particulars to be stated, and the proof of qualifications to be given
in applications for registration under this Act;
h. the fees to be paid on applications and appeals under this Act;
i. the appointment, powers, duties and procedure of medical inspectors
and visitors;
j. the courses and period of study and of practical training to be
undertaken, the subjects of examination and the standards of
proficiency therein to be obtained, in Universities or medical
institutions for grant of recognized medical qualifications;
 k. the standards of staff, equipment, accommodation, training and other
facilities for medical education;
l. the conduct of professional examination; qualifications of examiners
and the conditions of admissions to such examinations;
m. the standards of professional conduct and etiquette and code of ethics
to be observed by medical practitioners; and (m a) the modalities for
conducting screening tests under sub-section (4A), and under the
proviso to sub-section (4B), and for issuing eligibility certificate under
sub-section (4B), of section 13,.
n. any matter for which under this Act provision may be made by
regulations.

REPEAL OF ACT 27 OF 1933

34.

1. The Indian Medical Council Act, 1933 is hereby repealed.

2. Notwithstanding anything contained in this Act, until the Council is constituted
in accordance with the provisions of this Act:-

a. the Medical Council of India as constituted immediately before the

commencement of this Act under the Indian Medical Council Act, 1933,
with the addition of seven members nominated thereto by the Central
Government from among persons enrolled on any of the State Medical
Registers who possess the medical qualifications included in Part I of
the 3rd Schedule to this Act (hereinafter referred to as the said
Medical Council) shall be deemed to be the Council constituted under
this Act and may exercise any of the powers conferred or perform any
of the duties imposed on the Council; and any vacancy occurring in the
said Medical Council may be filled up in such manner as Central Govt.
may think fit; and
b. the Executive Committee and other Committees of the said Medical
Council as constituted immediately before the commencement of this
Act, shall be deemed to be the Executive Committee and the
Committees constituted under this Act.
 Published in the Gazette of India – Part II
Section 1 No. 54 Dated April, 3 1993]

Ministry of Law, Justice and Company Affairs

(Legislative Department)
New Delhi, the 3rd April, 1993 / Chaitra 13, 1915 (Saka)

The following Act of Parliament received the assent of the President on the 2nd April
1993, and is hereby published for general information:

The Indian Medical Council (Amendment) Act, 1993

No. 31 of 1993
(2nd April, 1993)

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.

Insertion of new sections 10A, 10B and 10C

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:-

PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE NEW COURSE OF

STUDY ETC.

10A.

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

a. no person shall establish a medical college; or

b. no medical college shall-

i. open a new or higher course of study or training (including a post-

graduate course of study or training) which would enable a student of
such course or training to qualify himself for the award of any
recognised medical qualification; or
ii. increase its admission capacity in any course of study or training
(including a post-graduate course of study or training).

except with the previous permission of the Central Government obtained in

accordance with the provisions of this section.
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 post-graduate course of study or training) in a medical college,
means the maximum number of students that may be fixed by the Council from time
to time for being admitted to such course or training.
(2)

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

The Gazette of India

Extraordinary
Part II – Section 1

Published by authority
 No. 41 New Delhi
Monday, September 3, 2001/BHADRA 12, 1923

Ministry of Law, Justice and Company affairs

(Legislative Department)

New Delhi, the 3rd September, 2001/Bhadra 12, 1923 (Saka)

The following Act of Parliament received the assent of the President on the 3rd
September, 2001, and is hereby published for general information:-

The Indian Medical Council (Amendment) Act, 2001

(Act No. 34 of 2001)

[3rd September, 2001]

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, -

a. in sub-section (3), after the words "granted by medical institutions

outside India", the words "before such date as the Central Government
may, by notification in the Official Gazette, specify" shall be inserted;
b. in sub-section (4), the following provisos and Explanation shall be
inserted at the end, namely:-

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

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

Explanation- For the purposes of this sub-section, "primary medical qualification"

means any minimum qualification sufficient for enrolment on any State Medical
Register or for entering the name 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