NATIONAL MEDICAL COMMISSION ACT, 2019
to provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals; that encourages medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in t
The National Medical Commission Act, 2019 (NMC Act) is a landmark legislation enacted by the Parliament of India to overhaul the medical education and practice framework in the country. It repeals and replaces the Indian Medical Council Act, 1956 (IMC Act). The Act establishes the National Medical Commission (NMC) as the apex regulatory body, along with four autonomous boards, to ensure a medical education system that improves access to quality and affordable medical education. The NMC Act came into force on 25 September 2019.
The Preamble to the National Medical Commission Act, 2019 states that it is:
"An Act to provide for a medical education system that improves access to quality and affordable medical education, and ensures availability of adequate and high quality medical professionals in all parts of the country; to promote equitable and universal healthcare that fosters community health perspective and encourages medical graduates to undertake research in the latest advances in medical sciences and to contribute to research for better healthcare solutions; to create a robust framework for regulation of the medical education and profession, and for matters connected therewith or incidental thereto."
The essential ingredients of the Preamble include:
Access to quality and affordable medical education – The core objective is to democratize medical education in terms of both quality and cost.
Availability of adequate and high-quality medical professionals – Ensuring a sufficient number of competent doctors across all parts of the country.
Promotion of equitable and universal healthcare – Fostering a community health perspective and public health-oriented approach.
Encouragement of research – Motivating medical graduates to undertake research in medical sciences for better healthcare solutions.
Robust regulatory framework – Creating a strong legal framework for regulating medical education and the medical profession.
The Preamble sets the constitutional and interpretive backdrop for the entire Act. It guides the interpretation of all provisions of the NMC Act. The scope extends to:
The Preamble's objectives align with the constitutional mandate of Article 14 (equality) and the Directive Principles of State Policy under Part IV of the Constitution, particularly Article 47 which requires the State to improve public health.
While the Preamble itself does not contain penalties, the Act establishes a graded enforcement regime:
Replacement of MCI – The NMC Act, through its Preamble, aims to supersede the Medical Council of India and constitutes a modern regulatory framework to improve access to quality medical education. - [NMC Act Overview, Source: ]
Uniform Entrance Exam – The Act mandates a uniform National Eligibility-cum-Entrance Test (NEET) for admission to undergraduate, postgraduate, and super-speciality medical courses, ensuring merit-based and standardized admissions. - [NMC Act Text, Source: ]
Quality and Affordability – The foundational objective of improving access to "quality and affordable medical education" serves as the guiding principle for the NMC's regulatory functions and policy decisions. - [NMC Act Preamble, Source: ]
Autonomous Boards – The Act establishes four autonomous boards (Undergraduate Medical Education Board, Postgraduate Medical Education Board, Medical Assessment and Rating Board, and Ethics and Medical Registration Board) to decentralise regulatory functions. - [NMC Act Analysis, Source: ]
Constitutional Parity – The Preamble's promise of equitable and universal healthcare must be implemented in line with Article 14 of the Constitution, ensuring parity and equal protection of laws in medical education. - [Nandimath OV, National Medical Commission Act, 2019: The Need for Parity, Source: ]
Ethical Regulation – Sections 30(3) and 30(4) of the NMC Act detail disciplinary actions for professional or ethical misconduct by medical practitioners, thereby fulfilling the Preamble's promise of a robust regulatory framework. - [Nandimath OV, NMC Act – The Need for Parity, Source: ]
Enhanced Penalties – The NMC Act introduces stricter penalties for violations related to medical education and practice compared to the previous IMC Act, aligning with the Preamble's objective of high-quality medical professionals. - [NMC Act Recent Reforms, Source: ]
Family Medicine Focus – The Preamble's community health perspective has led to mandates for developing competency-based dynamic curricula addressing primary health services, community medicine, and family medicine. - [R. Kumar, Family Medicine Takes Center Stage in India, Source: ]
Objective of Preamble – The Preamble expressly states the aim is to provide for a medical education system that improves access to quality and affordable medical education, ensuring availability of adequate and high-quality medical professionals. - [NMC Act Text, Source: ]
Repeal of IMC Act – The NMC Act repeals the Indian Medical Council Act, 1956, and establishes the NMC which supersedes the MCI, as stated in the Act's objectives. - [NMC Act Look Part 1, Source: ]
Regulatory Mechanism – The Act provides a comprehensive regulatory mechanism including imposition of monetary penalties, reduction of intake, stoppage of admissions, and recommendation to the Commission for withdrawal of recognition for non-compliance. - [NMC Act Enforcement, Source: ]
Uniform Standards – The introduction of standardised exit examinations for medical studies is a positive feature aimed at ensuring consistent quality of medical graduates, consistent with the Preamble's goals. - [NMC Act – The Need for Parity, Source: ]
Grievance Redressal – The NMC Act, under clauses 3 and 4 of Section 30, details procedures for grievance redressal, though critics argue these clauses require refinement for effective implementation. - [Nandimath OV, NMC Act – The Need for Parity, Source: ]
Corruption Elimination – The Act includes policies specifically designed to eliminate corruption in medical education regulation, a significant departure from the previous regime. - [NMC Act – The Need for Parity, Source: ]
Date of Enforcement – The National Medical Commission was constituted by the Act which came into force on 25 September 2019, marking the formal transition from the MCI regime. - [NMC Introduction, Source: ]
Penalty under Section 34 – Any person contravening provisions of Section 34 of the NMC Act shall be punished with imprisonment up to one year, or with fine, or both, demonstrating the Act's robust enforcement framework. - [NMC Act Section 34, Source: ]
Vacancy Provisions – The Central Government must fill vacancies in the Commission within one month of occurrence, including by reason of death, resignation, or otherwise, to ensure uninterrupted functioning. - [NMC Act Text, Source: ]
Historical Context – The NMC Act, passed in 2019, brings comprehensive reforms to medical education and practice, replacing the MCI which had been plagued by corruption allegations and quality concerns. - [Evolution & Introduction to NMC Act, Source: ]
Warnings and Penalties – The Act empowers the Commission to issue warnings, impose monetary penalties, reduce intake or stop admissions to ensure compliance with medical education standards. - [NMC Act Enforcement Provisions, Source: ]
Comparative Analysis – The NMC Act's Preamble reflects a shift from mere regulation to a developmental and enabling approach, focusing on improving access to affordable education, which was absent in the IMC Act, 1956. - [NMC Act – A Look Part 1, Source: ]
Note: The above legal comments are derived strictly from the provided sources. The Preamble of the NMC Act, 2019, serves as the ideological foundation for the entire Act, guiding its interpretation and implementation towards achieving universal, equitable, and affordable healthcare through quality medical education in India.
(1) This Act may be called the National Medical Commission Act, 2019.
(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, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
In this Act, unless the context otherwise requires,—
(a) "Autonomous Board" means any of the Autonomous Boards constituted under section 16;
(b) "Chairperson" means the Chairperson of the National Medical Commission appointed under section 5;
(c) "Commission" means the National Medical Commission constituted under section 3;
(d) "Council" means the Medical Advisory Council constituted under section 11;
(e) " Ethics and Medical Registration Board" means the Board constituted under section 16;
(f) "health University" means a University specialised in affiliating institutions engaged in teaching medicine, medical and health sciences and includes a medical University and University of health sciences;
(g) "licence" means a licence to practice medicine granted under sub-section (1) of section 33;
(1) The Central Government shall constitute a Commission, to be known as the National Medical Commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the Commission shall be at New Delhi.
(1) The Commission shall consist of the following persons to be appointed by the Central Government, namely:—
(a) a Chairperson;
(b) ten ex officio Members; and
(c) fourteen part-time Members.
(2) The Chairperson shall be a medical professional of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any University and having experience of not less than twenty years in the field of medical sciences, out of which at least ten years shall be as a leader in the area of medical education.
(3) The following persons shall be the ex officio Members of the Commission, namely:—
(a) the President of the Under-Graduate Medical Education Board;
(b) the President of the Post-Graduate Medical Education Board;
(1) The Central Government shall appoint the Chairperson, part-time Members referred to in clause (a) of sub-section (4) of section 4 and the Secretary referred to in section 8 on the recommendation of a Search Committee consisting of—
(a) the Cabinet Secretary—Chairperson;
(b) three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of medical education, public health education and health research, to be nominated by the Central Government— Members;
(c) one expert, from amongst the part-time Members referred to in clause (c) of sub-section (4) of section 4, to be nominated by the Central Government in such manner as may be prescribed—Member;
(d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technolog
(1) The Chairperson and the part-time Members, other than the part-time Members appointed under clauses (b) and (c) of sub-section (4) of section 4, shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:
Provided that such person shall cease to hold office after attaining the age of seventy years.
(2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue of which he is such Member.
(3) Where a Member, other than an ex officio Member, is absent from three consecutive ordinary meetings of the Commission and the cause of such absence is not attributable to any valid reason in the opinion of the Commission, such Member shall be deemed to have vacated the seat.
(4) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Mem
(1) The Central Government may, by order, remove from office the Chairperson or any other Member, who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(f) has so abused his position as to render his continuance in office prejudicial to public interest.
(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.
(1) There shall be a Secretariat for the Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of section 5.
(2) The Secretary of the Commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed.
(3) The Secretary shall be appointed by the Central Government for a term of four years and shall not be eligible for any extension or re-appointment.
(4) The Secretary shall discharge such functions of the Commission as are assigned to him by the Commission and as may be specified by regulations made under this Act.
(5) The Commission may, for the efficient discharge of its functions under this Act, appoint such officers and other employees, as it considers necessary, against the posts created by the Central Government.
(1) The Commission shall meet at least once every quarter at such time and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside at the meeting of the Commission, and if, for any reason, the Chairperson is unable to attend a meeting of the Commission, any other Member, being the President of an Autonomous Board, nominated by the Chairperson, shall preside at the meeting.
(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by regulations, one-half of the total number of Members of the Commission including the Chairperson shall constitute the quorum and all the acts of the Commission shall be decided by a majority of the members, present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-section (2), shall have the casting vote.
(4) The g
Section 9 of the National Medical Commission Act, 2019 (NMC Act) is a procedural and institutional provision that outlines the composition, appointment, and functional framework of the National Medical Commission (NMC). It establishes the NMC as a statutory body corporate under the Ministry of Health & Family Welfare, replacing the earlier Medical Council of India (MCI), and sets the stage for the regulation of medical education, practice, and ethics in India. The section also provides for the appointment of part-time members and ensures the Commission's continuity and functional efficacy.
Section 9 of the NMC Act, 2019, primarily deals with:- The constitution of the National Medical Commission.- The appointment of part-time members of the Commission.- The concept of the Commission as a body corporate with powers to exercise statutory functions.- Provisions relating to the conduct of the Commission's business, including the manner of holding meetings and taking decisions.- Safeguards such as the non-questionability of acts done by the Commission merely due to vacancies or defects in its constitution (as reflected in Section 9(5)).
The essential ingredients of Section 9 include:1. Constitution of the Commission: The NMC is constituted as a statutory body corporate with a defined structure, including a Chairman and part-time members selected through a transparent process (e.g., draw of lots for selected part-time members) .2. Part-time Members: The Act provides for the selection of part-time members for the NMC, Autonomous Boards, and Search Committees, ensuring diverse and inclusive representation .3. Body Corporate Status: The NMC is established as a body corporate, enabling it to exercise legal powers, enter into contracts, and perform statutory functions independently .4. Continuity and Validity: Section 9(5) ensures that no act of the Commission is questioned on the ground of a vacancy or defect in its constitution, guaranteeing institutional stability .5. Regulatory Framework: The section supports the Commission's role in policy-making for medical education, healthcare infrastructure, and human resource planning .
Punishment for violations relating to the structure or functioning of the NMC as established under Section 9 is not directly prescribed within the section itself. However:- General penalties under the NMC Act (e.g., Section 34) contemplate imprisonment for up to one year or a fine for contraventions of the Act's provisions, including those relating to the Commission's structure and functions .- Any person who contravenes the provisions of the NMC Act, including those dictated by the Commission's constitution under Section 9, may be subject to these penalties.- The Commission itself is protected from challenges based on vacancies or constitutional defects (Section 9(5)), ensuring that punitive or remedial actions against its functioning must be based on substantive violations, not procedural technicalities .
Section 9 of the National Medical Commission Act, 2019, functions as the constitutional backbone for the NMC, much like the legal framework regulating Schedule H or X drugs under the Drugs and Cosmetics Act. Just as regulatory oversight ensures that potent substances are handled responsibly by qualified professionals, Section 9 ensures that the powerful and far-reaching authority to regulate medical education and practice is vested in a structured, transparent, and accountable body. The safeguards against vacancies and defects in Section 9(5) are analogous to the strict storage and handling requirements for controlled substances — ensuring that the regulatory system (like the medicine it governs) remains effective, unadulterated, and fit for public purpose.
(1) The Commission shall perform the following functions, namely:—
(a) lay down policies for maintaining a high quality and high standards in medical education and make necessary regulations in this behalf;
(b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf;
(c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements;
(d) promote, co-ordinate and frame guidelines and lay down policies by making necessary regulations for the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils;
(e) ensure co-ordination among the Autonomous Boards;
(f) take such measures, as may be necessary, to ensure compli
(1) The Central Government shall constitute an advisory body to be known as the Medical Advisory Council.
(2) The Council shall consist of a Chairperson and the following members, namely:—
(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council;
(b) every member of the Commission shall be the ex officio members of the Council;
(c) one member to represent each State, who is the Vice-Chancellor of a health University in that State, to be nominated by that State Government;
(d) one member to represent each Union territory, who is the Vice-Chancellor of a health University in that Union territory, to be nominated by the Ministry of Home Affairs in the Government of India;
(e) one member to represent each State and each Union territory from amongst elected members of the State Medical Council, to b
(1) The Council shall be the primary platform through which the States and Union territories may put forth their views and concerns before the Commission and help in shaping the overall agenda, policy and action relating to medical education and training.
(2) The Council shall advise the Commission on measures to determine and maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to medical education, training and research.
(3) The Council shall advise the Commission on measures to enhance equitable access to medical education.
(1) The Council shall meet at least twice a year at such time and place as may be decided by the Chairperson.
(2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall preside over the meeting.
(3) Unless the procedure is otherwise provided by regulations, fifty per cent. of the members of the Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a majority of the members present and voting.
(1) There shall be a uniform National Eligibility-cum-Entrance Test for admission to the undergraduate and postgraduate super-speciality medical education in all medical institutions which are governed by the provisions of this Act:
Provided that the uniform National Eligibility-cum-Entrance Test for admission to the undergraduate medical education shall also be applicable to all medical institutions governed under any other law for the time being in force.
(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations.
(3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to undergraduate and postgraduate super-speciality seats in all the medical institutions which are governe
(1) A common final year undergraduate medical examination, to be known as the National Exit Test shall be held for granting licence to practice medicine as medical practitioners and for enrolment in the State Register or the National Register, as the case may be.
(2) The Commission shall conduct the National Exit Test through such designated authority and in such manner as may be specified by regulations.
(3) The National Exit Test shall become operational on such date, within three years from the date of commencement of this Act, as may be appointed by the Central Government, by notification.
(4) Any person with a foreign medical qualification shall have to qualify National Exit Test for the purpose of obtaining licence to practice medicine as medical practitioner and for enrolment in the State Register or the National Register, as the case may be, in such manner as may be specified by regulatio
(1) The Central Government shall, by notification, constitute the following Autonomous Boards, under the overall supervision of the Commission, to perform the functions assigned to such Boards under this Act, namely:—
(a) the Under-Graduate Medical Education Board;
(b) the Post-Graduate Medical Education Board;
(c) the Medical Assessment and Rating Board; and
(d) the Ethics and Medical Registration Board.
(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this Act subject to the regulations made by the Commission.
(1) Each Autonomous Board shall consist of a President and two whole-time Members and two part-time Members.
(2) The President of each Autonomous Board, three Members (including one part-time Member) of the Under-Graduate Medical Education Board and the Post-Graduate Medical Education Board, and two Members (including one part-time Member) each of the Medical Assessment and Rating Board and the Ethics and Medical Registration Board shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any University and having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader in the area of medical education, public health, community medicine or health research.
(3) The third Member of the Medical Assessment and Rating Board shall be a person of outstanding ability and
The Central Government shall appoint the President and Members of the Autonomous Boards, except Members referred to in sub-section (5) of section 17, on the recommendations made by the Search Committee constituted under section 5 in accordance with the procedure specified in that section.
(1) The President and Members (other than part-time Members) of each Autonomous Board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:
Provided that part-time Members of each Autonomous Board shall hold the office for a term of two years:
Provided further that a Member shall cease to hold office after attaining the age of seventy years.
(2) The salaries and allowances payable to, and other terms and conditions of service of the President and Members (other than part-time Members) of an Autonomous Board shall be such as may be prescribed:
Provided that part-time Members of each Autonomous Board shall be entitled for such allowances as may be prescribed.
(3) The provisions of sub-sections (3), (5), (6), (7) and (8) of section 6 relating to other terms and conditions of service
(1) Each Autonomous Board, except the Ethics and Medical Registration Board, shall be assisted by such advisory committees of experts as may be constituted by the Commission for the efficient discharge of the functions of such Boards under this Act.
(2) The Ethics and Medical Registration Board shall be assisted by such ethics committees of experts as may be constituted by the Commission for the efficient discharge of the functions of that Board under this Act.
The experts, professionals, officers and other employees appointed under section 8 shall be made available to the Autonomous Boards in such number, and in such manner, as may be specified by regulations by the Commission.
(1) Every Autonomous Board shall meet at least once a month at such time and place as it may appoint.
(2) All decisions of the Autonomous Boards shall be made by majority of votes of the President and Members.
(3) Subject to the provision of section 28, a person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within sixty days of the communication of such decision.
(1) The President of each Autonomous Board shall have such administrative and financial powers as may be delegated to it by the Commission to enable such Board to function efficiently.
(2) The President of an Autonomous Board may further delegate any of his powers to a Member or an officer of that Board.
(1) The Under-Graduate Medical Education Board shall perform the following functions, namely:—
(a) determine standards of medical education at undergraduate level and oversee all aspects relating thereto;
(b) develop competency based dynamic curriculum at undergraduate level in accordance with the regulations made under this Act;
(c) develop competency based dynamic curriculum for addressing the needs of primary health services, community medicine and family medicine to ensure healthcare in such areas, in accordance with the provisions of the regulations made under this Act;
(d) frame guidelines for setting up of medical institutions for imparting undergraduate courses, having regard to the needs of the country and the global norms, in accordance with the provisions of the regulations made under this Act;
(e) determine the minimum requirements and st
(1) The Post-Graduate Medical Education Board shall perform the following functions, namely:—
(a) determine the standards of medical education at the postgraduate level and super-speciality level in accordance with the regulations made under this Act and oversee all aspects relating thereto;
(b) develop competency based dynamic curriculum at postgraduate level and super-speciality level in accordance with the regulations made under this Act, with a view to develop appropriate skill, knowledge, attitude, values and ethics among postgraduates and super-specialists to provide healthcare, impart medical education and conduct medical research;
(c) frame guidelines for setting up of medical institutions for imparting postgraduate and super-speciality courses, having regard to the needs of the country and global norms, in accordance with the regulations made under this Act;
(d) d
(1) The Medical Assessment and Rating Board shall perform the following functions, namely:—
(a) determine the procedure for assessing and rating the medical institutions for their compliance with the standards laid down by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in accordance with the regulations made under this Act;
(b) grant permission for establishment of a new medical institution, or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 28;
(c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act:
Provided that the Medical Assessment and Rating Board may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out in
(1) The Ethics and Medical Registration Board shall perform the following functions, namely:—
(a) maintain National Registers of all licensed medical practitioners in accordance with the provisions of section 31;
(b) regulate professional conduct and promote medical ethics in accordance with the regulations made under this Act:
Provided that the Ethics and Medical Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Medical Council in a case where such State Medical Council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective State Acts;
(c) develop mechanisms to have continuous interaction with State Medical Councils to effectively promote and regulate the conduct of medical practitioners and professionals;
(1) No person shall establish a new medical college or start any postgraduate course or increase number of seats without obtaining prior permission of the Medical Assessment and Rating Board.
(2) For the purposes of obtaining permission under sub-section (1), a person may submit a scheme to the Medical Assessment and Rating Board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by the regulations.
(3) The Medical Assessment and Rating Board shall, having due regard to the criteria specified in section 29, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt:
Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned.
(4) Where a scheme is a
While approving or disapproving a scheme under section 28, the Medical Assessment and Rating Board, or the Commission, as the case may be, shall take into consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of medical college or would be provided within the time-limit specified in the scheme;
(c) whether adequate hospital facilities have been provided or would be provided within the time-limit specified in the scheme;
(d) such other factors as may be prescribed:
Provided that, subject to the previous approval of the Central Government, the criteria may be relaxed for the medical colleges which are set up in such areas as may be specified by the regulations.
(1) The State Government shall, within three years of the commencement of this Act, take necessary steps to establish a State Medical Council if no such Council exists in that State.
(2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered medical practitioner or professional, the State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under this Act:
Provided that till such time as a State Medical Council is established in a State, the Ethics and Medical Registration Board shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered medical practitioner or professional in that State in accordance with such procedure as may be specified by the regulations:
Provided further that the Ethics an
(1) The Ethics and Medical Registration Board shall maintain a National Register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner and such other particulars as may be specified by the regulations.
(2) The National Register shall be maintained in such form, including electronic form, in such manner, as may be specified by the regulations.
(3) The manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, shall be such as may be specified by the regulations.
(4) The National Register shall be a public document within the meaning of section 74 of the Indian Evidence Act, 1872 [1 of 1872.].
(5) The National Register shall be made available to the public by placing it on the website of the Ethics and Medical Registration Board.
(1) The Commission may grant limited licence to practice medicine at mid-level as Community Health Provider to such person connected with modern scientific medical profession who qualify such criteria as may be specified by the regulations:
Provided that the number of limited licence to be granted under this sub-section shall not exceed one-third of the total number of licenced medical practitioners registered under sub-section (1) of section 31.
(2) The Community Health Provider who is granted limited licences under sub-section (1), may practice medicine to such extent, in such circumstances and for such period, as may be specified by the regulations.
(3) The Community Health Provider may prescribe specified medicine independently, only in primary and preventive healthcare, but in cases other than primary and preventive healthcare, he may prescribe medicine only under the supervision of medical
(1) Any person who qualifies the National Exit Test held under section 15 shall be granted a licence to practice medicine and shall have his name and qualifications enrolled in the National Register or a State Register, as the case may be:
Provided that a person who has been registered in the Indian Medical Register maintained under the Indian Medical Council Act, 1956 [102 of 1956.] prior to the coming into force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this Act and be enrolled in the National Register maintained under this Act.
(2) No person who has obtained medical qualification from a medical institution established in any country outside India and is recognised as a medical practitioner in that country, shall, after the commencement of this Act and the National Exit Test becomes operational under sub-section
(1) No person other than a person who is enrolled in the State Register or the National Register, as the case may be, shall—
(a) be allowed to practice medicine as a qualified medical practitioner;
(b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon;
(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;
(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 [1 of 1872]on any matter relating to medicine:
Provided that the Commission shall submit a list of such medical professionals to the Central Government in such manner as may be prescribed:
(1) The medical qualification granted by any University or medical institution in India shall be listed and maintained by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in such manner as may be specified by the regulations and such medical qualification shall be a recognised medical qualification for the purposes of this Act.
(2) Any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality medical qualification not included in the list maintained by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, may apply to that Board for granting recognition to such qualification.
(3) The Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, shall examine the application for grant of recognition to a medical qua
(1) Where an authority in any country outside India, which by the law of that country is entrusted with the recognition of medical qualifications in that country, makes an application to the Commission for granting recognition to such medical qualification in India, the Commission may, subject to such verification as it may deem necessary, either grant or refuse to grant recognition to that medical qualification:
Provided that the Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition.
(2) A medical qualification which is granted recognition by the Commission under sub-section (1) shall be a recognised medical qualification for the purposes of this Act, and such qualification shall be listed and maintained by the Commission in such manner as may be specified by the regulations.
(3) Where the Commission refuses to grant recognit
(1) The medical qualifications granted by any statutory or other body in India which are covered by the categories listed in the Schedule shall be recognised medical qualifications for the purposes of this Act.
(2) The Diplomat of National Board in broad-speciality qualifications and super-speciality qualifications when granted in a medical institution with attached hospital or in a hospital with the strength of five hundred or more beds, by the National Board of Examinations, shall be equivalent in all respects to the corresponding postgraduate qualification and the super-speciality qualification granted under this Act, but in all other cases, senior residency in a medical college for an additional period of one year shall be required for such qualification to be equivalent.
(3) The Central Government may, on the recommendation of the Commission, and having regard to the objects of this Act, by notification, add to, or,
(1) Where, upon receiving a report from the Medical Assessment and Rating Board under section 26, or otherwise, if the Commission is of the opinion that—
(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or medical institution do not conform to the standards specified by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be; or
(b) the standards and norms for infrastructure, faculty and quality of education in medical institution as determined by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, are not adhered to by any University or medical institution, and such University or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the Commission may initiate act
Where, after verification with the authority in any country outside India, the Commission is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be derecognised, it may, by order, derecognise such medical qualification and remove it from the list maintained by the Commission with effect from the date of such order.
Where the Commission deems it necessary, it may, by an order published in the Official Gazette, direct that any medical qualification granted by a medical institution in a country outside India, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this Act:
Provided that medical practice by a person possessing such qualification shall be permitted only if such person qualifies National Exit Test.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit.
(1) There shall be constituted a fund to be called “the National Medical Commission Fund” which shall form part of the public account of India and there shall be credited thereto—
(a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous Boards;
(b) all sums received by the Commission from such other sources as may be decided by it.
(2) The Fund shall be applied for making payment towards—
(a) the salaries and allowances payable to the Chairperson and Members ofthe Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Commission and Autonomous Boards;
(b) the expenses incurred in carrying out the provisions of this Act, including in connection with the discharge of the functions
(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other persons appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of, and complet
(1) The Commission shall furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, require.
(2) The Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament.
(1) Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time:
Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
The Central Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions.
(1) The Commission 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, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1).
Every University and medical institution governed under this Act shall maintain a website at all times and display on its website all such information as may be required by the Commission or an Autonomous Board, as the case may be.
(1) Notwithstanding anything contained in this Act, any student who was studying for a degree, diploma or certificate in any medical institution immediately before the commencement of this Act shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this Act and shall be awarded degree, diploma or certificate under this Act.
(2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards required to be provided under this Act till such ti
(1) There shall be a joint sitting of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine at least once a year, at such time and place as they mutually appoint, to enhance the interface between Homoeopathy, Indian Systems of Medicine and modern systems of medicine.
(2) The agenda for the joint sitting may be prepared with mutual agreement between the Chairpersons of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine or be prepared separately by each of them.
(3) The joint sitting referred to in sub-section (1) may, by an affirmative vote of all members present and voting, decide on approving specific educational modules or programmes that may be introduced in the undergraduate course and the postgraduate course across medical systems and promote medical pluralism.
Every State Government may, for the purposes of addressing or promoting primary healthcare in rural area, take necessary measures to enhance the capacity of the healthcare professionals.
Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants. The Chairperson, Members, officers and other employees of the Commission and the President, Members and officers and other employees of the Autonomous Boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code, 45 of 1860.
No suit, prosecution or other legal proceeding shall lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any Committee thereof, or any officer or other employee of the Government or of the Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be.
(1) If, at any time, the Central Government is of opinion that—
(a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) the Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the Commission for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.
(2) Upon the publication of a notifi
(1) The Central Government may, by notification, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of appointing six Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Medical Advisory Council under clause (b) of sub-section (4) of section 4;
(b) the manner of appointing five members of the Commission under clause (c) of sub-section (4) of section 4;
(c) the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5;
(d) the salary and allowances payable to, and other terms and conditions of service of the Chairperson and Members under sub-section (4) of section 6;
(1) The Commission may, after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8;
(b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals under sub-section (7) of section 8;
(c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9;
(d) the quality and standards to be maintained in medical education under clause (a) of sub-section (1) o
Every rule and every regulation made, and every notification issued, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification; both Houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary, for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(1) With effect from such date as the Central Government may appoint in this behalf, the Indian Medical Council Act, 1956 [102 of 1956] shall stand repealed and the Medical Council of India constituted under sub-section (1) of section 3 of the said Act shall stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,—
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, an
(1) The Commission shall be the successor in interest to the Medical Council of India including its subsidiaries or owned trusts and all the assets and liabilities of the Medical Council of India shall be deemed to have been transferred to the Commission.
(2) Notwithstanding the repeal of the Indian Medical Council Act, 1956 [102 of 1956],
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