REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No, 4] NEW DELHI, SATURDAY, JANUARY 2, 1993/PAUSA 12, 1914 Separate paging is given to this Part in order that it may be filed a»s a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New. Delhi, the 2nd January, 1993/Pausa 12, 1914 (Saka) THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 1993 No. 2 OF 1993 Promulgated by the President in the Forty-third Year of the Republic of Indi:.
An Ordinance further to amend the Indian Medical Council Act,
1956.
WHEREAS the Indian Medical Council (Amendment) Ordinance, 1992, to provide for the aforesaid matter was promulgated by the President on the 27th day of August, 1992;
AND WHEREAS the Indian Medical Council (Amendment) Bill, 1992 to replace the said Ordinance has been passed by the Council of States and is pending in the House of the People;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now THEREFORE, 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, 1993.
(2) It shall be deemed to have come into force on the 27th day of August, 1992.
Short title and commencement.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of new sections 10A, 10B and IOC.
Permission for establishment of newmedical college, new course of study, etc
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: — '10A. (2) Notwithstanding anything contained in this Act or any othe'r law for the time being in force,—
(a) no person shall Establish a medical college; or
(b) no medical college shall—
(i) open a new or higher e«>urse of study or training (including a post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised' medical qualification; or
(ii) increase its admission capacity in any course of study or training (including a post-graduate course of study or training), except with the, previous permission of the Central Govern»«irt obtained in. accordance-with .the provisions of this section.
Explanation 1—For the purposed of this section "person" includes any University or a trust but does not include the Central Government ,r. _
Explanation, 2,—For the purposes of this section, "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in a medical college, means the rriaximum number of students that may be fixed by the Council from time to time for being admift6$dto su.cn. course or training.
(2) fa) Every person or medical" college shall, for purpose of obtaining permission-pstder sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause
(b) and the Central Government shall refer the scheme to the Council for its recommendations,
(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied With such fee as may be prescribed.
(3) On receipt of a scheme by the1 Council under sub-section (2), the Council may obtain such othgr particulars as may be considered iieeeseafy by it from ihe person or the medical college con<»e%î l and thereafter, it may,— ,(o) if the scheme is defective an4 49«s not contain any necessary particulars, give a reasonable opportunity to^he person or college concerned for making a written representation, and it shall be open to such person or medical college to rectify the defects, if atty, specified by the Council;
(b) consider the scheme, having regard to the *aPtQrs referred to in sub-section (7), and submit the scheme together with its recommendations thereon to the Gehtraf Government
(4) The Central Government may, after considering the scheme and the recommendations of the. Council under sub-section (3) and after obtaining, where necessary, such other particulars as may oe considered necessary by it from the person or college concerned, 102 of 1956.
SEC. 1} THE GAZETTE OF INDIA EXTRAORDINARY 3 and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary) or disapprove the scheme and any such approval shall be a permission under sub-section (1):
Provided that no scheme shall be disapproved by the Central Government except after giving the person or college concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or medical college whose scheme has not been approved bv the Central Government to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (1).
(5) Whore, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (I),, no order passed by the Central Government has been communicated to the person or college submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it had been submitted, and, accordingly, the permission of the Central Government required under sub-section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub-section (5).
the time taken by the person or college concerned submitting th« scheme, in furnishing any particulars called for by the Council, or by the Central Government, shall be excluded.
(7) The Council, while making its recommendations under clause (b) of sub-section (5) and the Central Government, while passing an order, cither approving or disapproving the scheme under sub-section (4). shall have due regard to the following factors, namely: —
(a) whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training would be in a position to offer the minimum standards of medical education as prescribed by the Council under section 19A or, as the case may be, under section 20 in the case of postgraduate medical education;
(b) whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase 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 coarse of study or training or accommodating the increased admission capacity have been provided or would be provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend such medical college or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time-limit specified in the scheme;
4 THE GAZETTE OF INpiA EXTRAORDINARY [P/jir U~ Non-recognition of medical qualifications in certain rases.
Time for seeking permission for certain existing medical colleges, etc.
Amendment of section
33.
(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such medical college or course of study or training by persons having the recognised medical qualifications;
Cf) the requirement of manpower in the field of practice of medicine; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under this section, a copy of tfee order shall be communicated to the person or college concerned.
10B. (1) Where any medical college is established except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college shall be a recognised medical qualification for the purposes of this Act.
(2) Where any medical college opens a new or higher course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central CfoV&isment in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of such study or training shall be a recognised medical qualification for the purposes of this Act.
(3) Where any medical college increases its admission capacity in any course of study or training except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qualification granted to any student of such medical college on the basis of th^ increase in its admission capacity shall be a recognised medical qualification for the purposes of this Act. t
Explanation.—For the purposes of this section, the criteria for identifying a student who has been granted a medical qualification - on the basis of such increase in the admission capacity shall be such as may be prescribed.
IOC- (1) If, after the 1st day of June, 1992 and on and before 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 OK training or increase the admission capacity, such- person or medical college as the case" mWy be, shali seek, jwithin a period of one year from the commencement of the "Indian Medical Council (Amendment)" Ordinance, 1992. the permission of the Central Government in accordance with the provision of section lOA.
(2) If any person or medical college, as the case may be, fails to seek the permission under sub-section (l),:the provisions of section 10B shall apply, so far as may b^ as if, permission of the Central Government -under section 10A has been refused,'.
JJ. In section 33 of the prinicpal Act. after clause (f), the following pauses shall be inserted,"namely:— " - "{fa) the form of the scheme, the particulars to be given in such scheme,- the manner in -which the. scheme is to be preferred Ord. 13 of 1992.
SEC. 1] • THE GAZETTE OF IND1 \ EXTRAORDINARY 5 Or*. 13 •f 1992.
and the fee payable with the scheme under clause («) of sub-section
(2) of section 10A;
(ffc>) any other factors under clause (g) of sub-section ,
(7) of section 10A;
(fc) the( criteria for identifying a student who has been granted a medical qualification referred to in the Explanation to subsection {3) of section 10B.".
4. (1) The Indian Medical Council (Amendment) Ordinance, 1992 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act. as amended by this Ordinance.
Repeal and saving.
SHANKFR DAYAL SHARMA.
President.
K. L. MOHANPURiA, Secy, to the Govt. of India.
PWNTKD BY THE MANAGER, GOVERNMENT QV INDIA PRESS, MINTO ROAD, NEW DELHI \ND I-L'BIISHI.D HI I'HI- (ONlVOLLHi! OV PUBLICATIONS, DELHI. 1993 .