{ "id": 10589, "slug": "national-medical-commission-act-2019", "title": "National Medical Commission Act, 2019", "short_title": "National Medical Commission Act, 2019", "act_number": "(Act No. 30 of 2019)", "act_year": 2019, "act_type": "CENTRAL", "location": "India (Central)", "law_status": "unknown", "enactment_date": null, "description": "National Medical Commission Act, 2019", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "CHAPTER I", "chapter": "CHAPTER I", "content": "Preliminary", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"Autonomous Board\" means any of the Autonomous Boards constituted under section 16;\n(b) \"Chairperson\" means the Chairperson of the National Medical Commission appointed under section 5;\n(c) \"Commission\" means the National Medical Commission constituted under section 3;\n(d) \"Council\" means the Medical Advisory Council constituted under section 11;\n(e) \" Ethics and Medical Registration Board\" means the Board constituted under section 16;\n(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;\n(g) \"licence\" means a licence to practice medicine granted under sub-section (1) of section 33;\n(h) \"Medical Assessment and Rating Board\" means the Board constituted under section 16;\n(i) \"medical institution\" means any institution within or outside India which grants degrees, diplomas or licences in medicine and include affiliated colleges and deemed to be Universities;\n(j) \"medicine\" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;\n(k) \"Member\" means a Member of the Commission appointed under section 5 and includes the Chairperson thereof;\n(l) \"National Board of Examination\" means the body registered as such under the Societies Registration Act, 1860 which grants broad-speciality and super-speciality qualifications referred to in the Schedule;\n(m) \"National Register\" means a National Medical Register maintained by the Ethics and Medical Registration Board under section 31;\n(n) \"notification\" means notification published in the Official Gazette and the expression \"notify\" shall be construed accordingly;\n(o) \"Post-Graduate Medical Education Board\" means the Board constituted under section 16;\n(p) \"prescribed\" means prescribed by rules made under this Act;\n(q) \"President\" means the President of an Autonomous Board appointed under section 18;\n(r) \"recognised medical qualification\" means a medical qualification recognised under section 35 or section 36 or section 37 or section 40, as the case may be;\n(s) \"regulations\" means the regulations made by the Commission under this Act;\n(t) \"Schedule\" means the Schedule to this Act;\n(u) \"State Medical Council\" means a medical council constituted under any law for the time being in force in any State or Union territory for regulating the practice and registration of practitioners of medicine in that State or Union territory;\n(v) \"State Register\" means a register maintained under any law for the time being in force in any State or Union territory for registration of practitioners of medicine;\n(w) \"Under-Graduate Medical Education Board\" means the Board constituted under section 16;\n(x) \"University\" shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes a health University.", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "4", "title": "CHAPTER II", "chapter": "CHAPTER II", "content": "The National Medical Commission", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "3", "title": "3. Constitution of National Medical Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "4", "title": "4. Composition of Commission.", "chapter": null, "content": "(a) a Chairperson;\n(b) ten ex officio Members; and\n(c) twenty-two part-time Members.\n(a) the President of the Under-Graduate Medical Education Board;\n(b) the President of the Post-Graduate Medical Education Board;\n(c) the President of the Medical Assessment and Rating Board;\n(d) the President of the Ethics and Medical Registration Board;\n(e) the Director General of Health Services, Directorate General of Health Services, New Delhi;\n(f) the Director General, Indian Council of Medical Research;\n(g) a Director of any of the All India Institutes of Medical Sciences, to be nominated by the Central Government;\n(h) two persons from amongst the Directors of Postgraduate Institute of Medical Education and Research, Chandigarh; Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; Tata Memorial Hospital, Mumbai; North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; and All India Institute of Hygiene and Public Health, Kolkata; to be nominated by the Central Government; and\n(i) one person to represent the Ministry of the Central Government dealing with Health and Family Welfare, not below the rank of Additional Secretary to the Government of India, to be nominated by that Ministry.\n(a) three Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics;\n(b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories, under clauses (c) and (d) of sub-section (2) of section 11, in the Medical Advisory Council for a term of two years in such manner as may be prescribed;\n(c) nine members to be appointed from amongst the nominees of the States and Union territories, under clause (e) of sub-section (2) of section 11, in the Medical Advisory Council for a term of two years in such manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "5", "title": "5. Search Committee for appointment of Chairperson and Members.", "chapter": null, "content": "(a) the Cabinet Secretary - Chairperson;\n(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;\n(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;\n(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 technology, to be nominated by the Central Government - Member; and\n(e) the Secretary to the Government of India in charge of the Ministry of Health and Family Welfare, to be the Convenor -Member.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "6", "title": "6. Term of office and conditions of service of Chairperson and Members.", "chapter": null, "content": "(a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or\n(b) be removed from his office in accordance with the provisions of section 7:", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "7", "title": "7. Removal of Chairperson and Member of Commission.", "chapter": null, "content": "(a) has been adjudged an insolvent; or\n(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or\n(c) has become physically or mentally incapable of acting as a Member; or\n(d) is of unsound mind and stands so declared by a competent court; or\n(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or\n(f) has so abused his position as to render his continuance in office prejudicial to public interest.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "8", "title": "8. Appointment of Secretary, experts, professionals, officers and other employees of Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "9", "title": "9. Meetings, etc., of Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "10", "title": "10. Powers and functions of Commission.", "chapter": null, "content": "(a) lay down policies for maintaining a high quality and high standards in medical education and make necessary regulations in this behalf;\n(b) lay down policies for regulating medical institutions, medical researches and medical professionals and make necessary regulations in this behalf;\n(c) assess the requirements in healthcare, including human resources for health and healthcare infrastructure and develop a road map for meeting such requirements;\n(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;\n(e) ensure co-ordination among the Autonomous Boards;\n(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils of the guidelines framed and regulations made under this Act for their effective functioning under this Act;\n(g) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards;\n(h) lay down policies and codes to ensure observance of professional ethics in medical profession and to promote ethical conduct during the provision of care by medical practitioners;\n(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of seats in private medical institutions and deemed to be universities which are governed under the provisions of this Act;\n(j) exercise such other powers and perform such other functions as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "CHAPTER III", "chapter": "CHAPTER III", "content": "The Medical Advisory Council", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "11", "title": "11. Constitution and composition of Medical Advisory Council.", "chapter": null, "content": "(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council;\n(b) every member of the Commission shall be the ex officio members of the Council;\n(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;\n(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;\n(e) one member to represent each State and each Union territory from amongst elected members of the State Medical Council, to be nominated by that State Medical Council;\n(f) the Chairman, University Grants Commission;\n(g) the Director, National Assessment and Accreditation Council;\n(h) four members to be nominated by the Central Government from amongst persons holding the post of Director in the Indian Institutes of Technology, Indian Institutes of Management and the Indian Institute of Science:", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "12", "title": "12. Functions of Medical Advisory Council.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "13", "title": "13. Meetings of Medical Advisory Council.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "CHAPTER IV", "chapter": "CHAPTER IV", "content": "National Examination", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "14", "title": "14. National Eligibility-cum-Entrance Test.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "15", "title": "15. National Exit Test.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "CHAPTER V", "chapter": "CHAPTER V", "content": "Autonomous Boards", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "16", "title": "16. Constitution of Autonomous Boards.", "chapter": null, "content": "(a) the Under-Graduate Medical Education Board;\n(b) the Post-Graduate Medical Education Board;\n(c) the Medical Assessment and Rating Board; and\n(d) the Ethics and Medical Registration Board.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "17", "title": "17. Composition of Autonomous Boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "18", "title": "18. Search Committee for appointment of President and Members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "19", "title": "19. Term of office and conditions of service of President and Members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "20", "title": "20. Advisory committees of experts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "21", "title": "21. Staff of Autonomous Boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "22", "title": "22. Meetings, etc., of Autonomous Boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "23", "title": "23. Powers of Autonomous Boards and delegation of powers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "24", "title": "24. Powers and functions of Under-Graduate Medical Education Board.", "chapter": null, "content": "(a) determine standards of medical education at undergraduate level and oversee all aspects relating thereto;\n(b) develop competency based dynamic curriculum at undergraduate level in accordance with the regulations made under this Act;\n(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;\n(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;\n(e) determine the minimum requirements and standards for conducting courses and examinations for undergraduates in medical institutions, having regard to the needs of creativity at local levels, including designing of some courses by individual institutions, in accordance with the provisions of the regulations made under this Act;\n(f) determine standards and norms for infrastructure, faculty and quality of education in medical institutions providing undergraduate medical education in accordance with the provisions of the regulations made under this Act;\n(g) facilitate development and training of faculty members teaching undergraduate courses;\n(h) facilitate research and the international student and faculty exchange programmes relating to undergraduate medical education;\n(i) specify norms for compulsory annual disclosures, electronically or otherwise, by medical institutions, in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the Commission and the Central Government;\n(j) grant recognition to a medical qualification at the undergraduate level.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "25", "title": "25. Powers and functions of Post-Graduate Medical Education Board.", "chapter": null, "content": "(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;\n(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;\n(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;\n(d) determine the minimum requirements and standards for conducting postgraduate and super-speciality courses and examinations in medical institution, in accordance with the regulations made under this Act;\n(e) determine standards and norms for infrastructure, faculty and quality of education in medical institutions conducting postgraduate and super-speciality medical education, in accordance with the regulations made under this Act;\n(f) facilitate development and training of the faculty members teaching postgraduate and super-speciality courses;\n(g) facilitate research and the international student and faculty exchange programmes relating to postgraduate and super-speciality medical education;\n(h) specify norms for compulsory annual disclosure, electronically or otherwise, by medical institutions in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the Commission and the Central Government;\n(i) grant recognition to the medical qualifications at the postgraduate level and super-speciality level;\n(j) promote and facilitate postgraduate courses in family medicine.", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "26", "title": "26. Powers and functions of Medical Assessment and Rating Board.", "chapter": null, "content": "(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;\n(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;\n(c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act:\n(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by the regulations;\n(e) make available on its website or in public domain the assessment and ratings of medical institutions at regular intervals in accordance with the regulations made under this Act;\n(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified 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.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "27", "title": "27. Powers and functions of Ethics and Medical Registration Board.", "chapter": null, "content": "(a) maintain National Registers of all licensed medical practitioners in accordance with the provisions of section 31;\n(b) regulate professional conduct and promote medical ethics in accordance with the regulations made under this Act:\n(c) develop mechanisms to have continuous interaction with State Medical Councils to effectively promote and regulate the conduct of medical practitioners and professionals;\n(d) exercise appellate jurisdiction with respect to the actions taken by a State Medical Council under section 30.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "28", "title": "28. Permission for establishment of new medical college.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "29", "title": "29. Criteria for approving or disapproving scheme.", "chapter": null, "content": "(a) adequacy of financial resources;\n(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;\n(c) whether adequate hospital facilities have been provided or would be provided within the time-limit specified in the scheme;\n(d) such other factors as may be prescribed:", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "30", "title": "30. State Medical Councils.", "chapter": null, "content": "(a) \"State\" includes Union territory and the expressions \"State Government\" and \"State Medical Council\", in relation to a Union territory, shall respectively mean the \"Central Government\" and \"Union territory Medical Council\";\n(b) the expression \"professional or ethical misconduct\" includes any act of commission or omission as may be specified by the regulations.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "31", "title": "31. National Register and State Register.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "32", "title": "32. Community Health Provider.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "33", "title": "33. Rights of persons to have licence to practice and to be enrolled in National Register or State Register and their obligations thereto.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "34", "title": "34. Bar to practice.", "chapter": null, "content": "(a) be allowed to practice medicine as a qualified medical practitioner;\n(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;\n(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;\n(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 on any matter relating to medicine:", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "CHAPTER VI", "chapter": "CHAPTER VI", "content": "Recognition of Medical Qualifications", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "35", "title": "35. Recognition of medical qualifications granted by Universities or medical institutions in India.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "36", "title": "36. Recognition of medical qualifications granted by medical institutions outside India.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "37", "title": "37. Recognition of medical qualifications granted by statutory or other body in India.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "38", "title": "38. Withdrawal of recognition granted to medical qualification granted by medical institutions in India.", "chapter": null, "content": "(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\n(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 action in accordance with the provisions of sub-section (2):", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "39", "title": "39. Derecognition of medical qualifications granted by medical institutions outside India.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "40", "title": "40. Special provision in certain cases for recognition of medical qualifications.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "CHAPTER VII", "chapter": "CHAPTER VII", "content": "Grants, Audit and Accounts", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "41", "title": "41. Grants by Central Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "42", "title": "42. National Medical Commission Fund.", "chapter": null, "content": "(a) all Government grants, fees, penalties and charges received by the Commission and the Autonomous Boards;\n(b) all sums received by the Commission from such other sources as may be decided by it.\n(a) the salaries and allowances payable to the Chairperson and Members of the 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;\n(b) the expenses incurred in carrying out the provisions of this Act, including in connection with the discharge of the functions of the Commission and the Autonomous Boards.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "43", "title": "43. Audit and accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "44", "title": "44. Furnishing of returns and reports to Central Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "CHAPTER VIII", "chapter": "CHAPTER VIII", "content": "Miscellaneous", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "45", "title": "45. Power of Central Government to give directions to Commission and Autonomous Boards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "46", "title": "46. Power of Central Government to give directions to State Governments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "47", "title": "47. Information to be furnished by Commission and publication thereof.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "48", "title": "48. Obligation of universities and medical institutions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "49", "title": "49. Completion of courses of studies in medical institutions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "50", "title": "50. Joint sittings of Commission, Central Councils of Homoeopathy and Indian medicine to enhance interface between their respective systems of medicine.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "51", "title": "51. State Government to promote primary healthcare in rural areas.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "52", "title": "52. Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "53", "title": "53. Protection of action taken in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "54", "title": "54. Cognizance of offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "55", "title": "55. Power of Central Government to supersede Commission.", "chapter": null, "content": "(a) the Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or\n(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:\n(a) all the Members shall, as from the date of supersession, vacate their offices as such;\n(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission, shall, until the Commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;\n(c) all property owned or controlled by the Commission shall, until the Commission is re-constituted under sub-section (3), vest in the Central Government.\n(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or\n(b) re-constitute the Commission by fresh appointment and in such case the Members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "56", "title": "56. Power to make rules.", "chapter": null, "content": "(a) the manner of appointing ten 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;\n(b) the manner of appointing nine members of the Commission under clause (c) of sub-section (4) of section 4;\n(c) the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5;\n(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;\n(e) the form and the manner of making declaration under sub-section (6) of section 6;\n(f) the qualifications and experience to be possessed by the Secretary of the Commission under sub-section (2) of section 8;\n(g) the salaries and allowances payable to, and other terms and conditions of service of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8;\n(h) the other powers and functions of the Commission under clause (j) of sub-section (1) of section 10;\n(i) the medical qualification and experience to be possessed by a member under the second proviso to section 11;\n(j) the manner of choosing part-time Members under sub-section (5) of section 17;\n(k) the salary and allowances payable to, and other terms and conditions of service of the President and Members of an Autonomous Board under sub-section (2), and the allowances payable to part-time Members under the proviso thereunder, of section 19;\n(l) the other factors under clause (d) of section 29;\n(m) the manner of submitting a list of medical professionals under the first proviso to sub-section (1) of section 34;\n(n) the form for preparing annual statement of accounts under sub-section (1) of section 43;\n(o) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the Commission and the particulars with regard to any matter as may be required by the Central Government under sub-section (1) of section 44;\n(p) the form and the time for preparing annual report under sub-section (2) of section 44;\n(q) any other matter in respect of which provision is to be made by rules.", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "57", "title": "57. Power to make regulations.", "chapter": null, "content": "(a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of section 8;\n(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;\n(c) the procedure to be followed at the meetings of Commission, including the quorum at its meetings under sub-section (3) of section 9;\n(d) the quality and standards to be maintained in medical education under clause (a) of sub-section (1) of section 10;\n(e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10;\n(f) the manner of functioning of the Commission, the Autonomous Boards and the State Medical Councils under clause (d) of sub-section (1) of section 10;\n(g) the procedure to be followed at the meetings of the Medical Advisory Council, including the quorum at its meetings under sub-section (3) of section 13;\n(h) the other languages in which and the manner in which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 14;\n(i) the manner of conducting common counselling by the designated authority for admission to the undergraduate and postgraduate super-speciality medical education under sub-section (3) of section 14;\n(j) the designated authority, and the manner for conducting the National Exit Test under sub-section (2) of section 15;\n(k) the manner in which a person with foreign medical qualification shall qualify National Exit Test under sub-section (4) of section 15;\n(l) the manner in which admission to the postgraduate broad-speciality medical education shall be made on the basis of National Exit Test under sub-section (5) of section 15;\n(m) the manner of conducting common counselling by the designated authority for admission to the postgraduate broad-speciality medical education under sub-section (6) of section 15;\n(n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 21;\n(o) the curriculum at undergraduate level under clause (b) of sub-section (1) of section 24;\n(p) the curriculum for primary medicine, community medicine and family medicine under clause (c) of sub-section (1) of section 24;\n(q) the manner of imparting undergraduate courses by medical institutions under clause (d) of sub-section (1) of section 24;\n(r) the minimum requirements and standards for conducting courses and examinations for undergraduates in medical institutions under clause (e) of sub-section (1) of section 24;\n(s) the standards and norms for infrastructure, faculty and quality of education at undergraduate level in medical institutions under clause (f) of sub-section (1) of section 24;\n(t) the standards of medical education at the postgraduate level and superspeciality level under clause (a) of sub-section (1) of section 25;\n(u) the curriculum at postgraduate level and super-speciality level under clause (b) of sub-section (1) of section 25;\n(v) the manner of imparting postgraduate and super-speciality courses by medical institutions under clause (c) of sub-section (1) of section 25;\n(w) the minimum requirements and standards for conducting postgraduate and super-speciality courses and examinations in medical institutions under clause (d) of sub-section (1) of section 25;\n(x) the standards and norms for infrastructure, faculty and quality of education in medical institutions conducting postgraduate and super-speciality medical education under clause (e) of sub-section (1) of section 25;\n(y) the procedure for assessing and rating the medical institutions under clause (a) of sub-section (1) of section 26;\n(z) the manner of carrying out inspections of medical institutions for assessing and rating such institutions under clause (c) of sub-section (1) of section 26;\n(za) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assessment and rating of medical institutions under clause (d) of sub-section (1) of section 26;\n(zb) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 26;\n(zc) the measures to be taken against a medical institution for its failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 26;\n(zd) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27;\n(ze) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing a new medical college or for starting any postgraduate course or for increasing number of seats under sub-section (2) of section 28;\n(zf) the manner of making an appeal to the Commission for approval of the scheme under sub-section (5) of section 28;\n(zg) the areas in respect of which criteria may be relaxed under the proviso to section 29;\n(zh) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner or professional and the procedure for receiving complaints and grievances by Ethics and Medical Registration Board, under sub-section (2) of section 30;\n(zi) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 30;\n(zj) other particulars to be contained in a National Register under sub-section (1) of section 31;\n(zk) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 31;\n(zl) the manner in which any name or qualification may be added to, or removed from, the National Register and the grounds for removal thereof, under sub-section (3) of section 31;\n(zm) the form and manner in which the National Register for registering Community Health Provider is to be maintained under sub-section (8) of section 31;\n(zn) the criteria for granting limited licence to practice medicine under sub-section (1) of section 32;\n(zo) the extent, the circumstances and the period under sub-section (2) of section 32;\n(zp) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35;\n(zq) the manner of examining the application for grant of recognition under sub-section (3) of section 35;\n(zr) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35;\n(zs) the manner of including a medical qualification in the list maintained by the Board under sub-section (6) of section 35;\n(zt) the manner of listing and maintaining medical qualifications which have been granted recognition before the date of commencement of this Act under sub-section (8) of section 35.", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "58", "title": "58. Rules and regulations to be laid before Parliament.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "59", "title": "59. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "60", "title": "60. Repeal and saving.", "chapter": null, "content": "(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or\n(c) any penalty incurred in respect of any contravention under the Act so repealed; or\n(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, and any such penalty may be imposed as if that Act had not been repealed.", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "61", "title": "61. Transitory provisions.", "chapter": null, "content": "The Schedule\n[ See section 37]\nList of Categories of Medical Qualifications Granted by Statutory Body or Other Body In India\nList of Categories of Medical Qualifications Granted by Statutory Body or Other Body In India", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "1", "title": "1. All medical qualifications granted by the Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "2", "title": "2. All medical qualifications granted by All India Institutes of Medical Sciences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "3", "title": "3. All medical qualifications granted by the Postgraduate Institute of Medical Education and Research, Chandigarh.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "4", "title": "4. All medical qualifications granted by the National Institute of Mental Health and Neuro-Sciences, Bangalore.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "5", "title": "5. All medical qualifications granted by the National Board of Examination.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 } ], "metadata": { "Act ID": "Last Updated 14th August, 2019 [act3492]", "Act Number": "(Act No. 30 of 2019)", "Enactment Date": "", "Act Year": "2019", "Short Title": "National Medical Commission Act, 2019", "Type": "CENTRAL", "Location": "India (Central)" }, "updated_at": "2026-09-29 21:55:17" }