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INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ACT 2002

ACT NO. 52 OF 2002

[8th December, 2002.]

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Indian Medicine Central Council (Amendment) Act, 2002.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Insertion of new Chapter IIA. 2. Insertion of new Chapter IIA.-After Chapter II of the Indian Medicine Central Council Act, 1970 (48 of 1970) (hereinafter referred to as the principal Act), the following Chapter shall be inserted, namely:- 'CHAPTER IIA PERMISSION FOR NEW MEDICAL INSTITUTION, COURSE, ETC. 13A. Permission for establishment of new medical institution, new

course of study, etc.-(1) Notwithstanding anything contained in this Act or any other law for the time being in force,- (a) no person shall establish a medical institution; or (b) no medical institution shall- (i) open a new or higher course of study or training, including a post-graduate course of study or training, which would enable students of such course or training to qualify himself for the award of any recognised medical qualification; or (ii) increase its admission capacity in any course of study or training including a 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 institution, means the maximum number of students as may be fixed by he Central Council from time to time for being admitted to such course or training.

(2) Every person or medical institution shall, for the purpose of

obtaining permission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of sub-section

(3) and the Central Government shall refer the scheme to the Central Council for its recommendations.

(3) The scheme referred to in sub-section (2), shall be in such form and contain such particulars and be preferred in such manner and accompanied with such fees, as may be prescribed.

(4) On receipt of a scheme from the Central Government under

sub-section (2), the Central Council may obtain such other particulars as may be considered necessary by it from the person or medical institution concerned, and thereafter, it may,- (a) if the scheme is defective and does not contain necessary particulars, give a reasonable opportunity to the person or medical institution concerned for making a written representation and it shall be open to such person or medical institution to rect fy the defects, if any, specified by the Central Council; (b) consider the scheme, having regard to the factors referred to in

sub-section (8) and submit it to the Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.

(5) The Central Government may, after considering the scheme and

recommendation of the Central Council under sub-section (4) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or institution oncerned and

having regard to the factors referred to in sub-section (8), either approve the scheme with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall

constitute as a permission under sub-secti n (1) : Provided that no scheme shall be disapproved by the Central Government except after giving the person or medical institution concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the Central Government to submit a fresh scheme and the provision of this section shall apply to such scheme, as if su h scheme had been

submitted for the first time under sub-section (2).

(6) Where, within a period of one year from the date of submission of

the scheme to the Central Government under sub-section (2), no order is communicated by the Central Government to the person or medical institution submitting the scheme, such scheme s all be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Government

required under sub-section (1) shall also be deemed to have been granted.

(7) In computing the time-limit specified in sub-section (6), the time taken by the person or medical institution concerned submitting the scheme, in furnishing any particulars called for by the Central Council, or by the Central Government shall be excl ded.

(8) The Central Council while making its recommendations under clause

(b) of sub-section (4) and the Central Government while passing an order, either approving or disapproving the scheme under sub-section

(5), shall have due regard to the following fact rs, namely:- (a) whether the proposed medical institution or the existing medical institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Central Council nder section 22; (b) whether the person seeking to establish a medical institution or the existing medical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources; (c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital or other facilities to ensure proper functioning of the medical institution or conducting the new course of study or training or accommodating the increase admission capacity have been provided or would be provided within the time-limit specified in the scheme; (d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical institution or course of study or training or the increased admission capacity have been provided or would be provided within the time-limit s ecified in the scheme; (e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical institution or the course of study or training by persons having recognised medical qualifications; (f) the requirement of manpower in the field of practice of Indian medicine in the institution; (g) any other factors as may be prescribed.

(9) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or medical institution concerned.

13B. Non-recognition of medical qualifications in certain cases.-(1) Where any medical institution is established without the previous permission of the Central Government in accordance with the provisions of section 13A, medical qualification granted to any student of such medical institution shall not be deemed to be a recognised medical qualification for the purposes of this Act.

(2) Where any medical institution opens a new or higher course of study or training including a post-graduate course of study or training without the previous permission of the Central Government in accordance with the provisions of section 13A, medical ualification granted to any student of such institution on the basis of such study or training shall not be deemed to be a recognised medical qualification for the purposes of this Act.

(3) Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of section 13A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be a recognised medical qualification for the purposes of this Act.'.

Amendment of section 36. 3. Amendment of section 36.-In section 36 of the principal Act, in

sub-section (1), after clause (g), the following clauses shall be inserted, namely:- "(ga) 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 fees

payable with the scheme under sub-section (3) of section 13A;

(gb) any other factor under clause (g) of sub-section (8) of section 13A;". ---- SUBHASH C. JAIN, Secy. to the Govt. of India.