REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II-Section 2 PUBLISHED BY AUTHORITY No. 53] NEW DELHI, THURSDAY, AUGUST 27, 1992/BHADRA 5, 1914 Separate paging is given to this part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi the 21th August, 1992/Bhadra 5, 1914 (Saka) THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 1992 No. 13 OF 1992 Promulgated by the President in the Forty-third Year of the Republic of India.
An Ordinance further to amend the Indian Medical Council Act, 1956.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which renders it necessary for him to take immediate action;
Now, THERFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution. the President is pleased to promulgate the following Ordinance:—
1. {1) This Ordinance may be called the Indian Medical Council (Amendment) Ordinance, 1992.
(.2) It shall come into force at once.
2. After section 10 of the Indian Medical Council Act. 1956 (hereinafter referred to as the principal Act), the following sections shall be inserted, namely: — Short title and commencement.
ASSER- TION OF new Secand 1 0 C 102 of 1956 ( • ) 2 T1I!; GAZKIIE 01- 1NDJA EXTRAORDINARY [PART II — '10A. (7) Notwithstanding anything contained in tihis Act or any other law for the time being in force,—
(n) no person shnll establish a medical coilev.e; or (/>) no medical college shall-— (/) open a new or higher course of study or training (including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award ol 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), i except with the previous permission of ttfie Central Government obtained in accordance with the provisions ol (his section.
Explanation I.— For the purpose: of this section, "person" includes any University or a trust but does not includes the Central Government.
Explanation 2.—For the purposes of this section, ''admission capacity", in relatidn to any course of study or training (including post-graduate course of study or triuning) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.
(2) {a) livery person, or medical college shall, for purpose of obtaining permission under sub-section (i), submit to the Central Government a scheme in accordance with the provisions of clause (h) and the Central Government shall refer the scheme to the Council for its recommendation.
{b) The sdicmc referred to in clause ia~) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.
(?) On receipt of a scheme by Lhe Council under sub-section (2) the Council may obtain such other particulars as may be considered necessary by it fro-n the person or (he medical college concerned, and thereafter, it may,-— <ct) if the scheme is defective and does not contain anv nccessaiy ' particulars, give a reasonable opportunity to the person or college concerned for making a written representation and it shall be optn to such person or medical college to rectify the defects, if any specified by the Council;
(b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Central Government.
(4) The Cential Government may, after considering the scheme and lhe recommendations of the Council under sub-section O ) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the schema and any such approval shall be a permission under sub-section (1):
Perniis- !>ion for establish^ ment ot new medical college, new course of study, etc.
SEC- 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 3.
Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (i).
(5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (1), no order passed by the Central Government has been communicated to the persois or college submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it had been submitted, and, accordingly, the permission of the Central Government required under sub-section (7) shall also be deemed to have been granted.
(6) In computing the time limit specified in sub-section (5), the time taken by the person or college concerned submitting the scheme, in furnishing any particulars called for by the Council, or by the Central Government, shall be excluded.
(7) The Council, while making its recommendations under clause
(ft) of sub-section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, nnmely:—
(a) whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Council under section 19A or, as the!
case may be. under section 20 in the case of post-graduate medical education;
(b) whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the medical college or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the fame-limit specified jn the scheme.
(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical collegs or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or. programme drawn to impart proper training to students likely to attend such 4 THE GAZETTE Ot''INDIA IXIRAORDJNARY [ F A K I I U .
medical college or course of study or training by persons having the recognised medical qualifications;
(/) the requirement of manpower in the field of practice of riiedicine; and
(tf) any other factors as may be prescribed.
(#) Where die Central Government passes an order either approving or disapproving a .scheme under tihis section, a copy of the order shall be communicated lo the person or college concerned.
10B, il) Where any medical college is established except with the previous permission of ihe Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college shall be a recognised medical qualification for the purposes of this Act.
(2) Where any medical college opens a new or higher course of study or training (including a post-graduate course of study or training except with the previous permission o!1 the Central Government in accordance with Ihe provisions of section 10A, no medical qualification granted to any student ol such medical college on the basis of such study or training shall be a recognised medical qualification for the purposes of this Act.
(>) Where any medical college increases its admission capacity in any course of study or training except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical collage on the basis u'f the increase in i'<x admission capacity shall be a recognised medical ci. vilification for the purposes of this Act.
Expl, mtit'ti.—For the purposes of this section, the criteria for identifying a sude-nt who has been granted a medical qualification on the basis of such iiirreuse in the admission capacity shall be such as may be prescribed.
IOC (1) [f, afkr (he Jsi day of June. 19V2 and on and heStorc the commencement of the Indian Medical Council (Amendment) Ordinance, 1992 any person has established a medical college or any medical college has opened a new or higher course of study or training or increased the admission capacity, such person or medical collage, as the ease may be, shall seek, within a period of one vear from the commencement of the Indian Medical Council (Amendment) Ordinance, 1942, the permission of t|hc Central Government in accordance with the provisions rtf section IOA of the principal Act.
(2) ]f any person or medical college, as the case may be, fails to seek Ihe permission under sub-section (/) of this Ordinance, the provisions of section 10B of the principal Act shall apply, so far as may be. as if permission of the Central Government under section IOA of the principal Act JOA has been refused.
3. In section 33 of the principal Act, after clause (f). the following clauses sh;.ll be inserted, namely: — "(/«) the form of the scheme, the particulars to be given in such scheme, the manner in which Ihe scheme is to be preferred and the fee Non-reuifinilion of wi^iieal nmlifii-ation1. is wrtaiii case:
Time for seeking permission for certain e\isiing medical colleges, eU\ Amendincnl ol Kcclion
33.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 payable with the scheme undc- clause (h) of sub-section (2) of section I0A;
(jf>) the criteria for identifying a .student who has been granted a medical qualification referred to in E.xpUinalUm to sub-section ( ^) of section I OB.".
SH\NKFR DAYAL SHARMA, President.
K. L. MOHANPURIA, Secy, to the Ciuvt. af India.
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