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(Act No. 48 of 1970) |
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21st December, 1970. |
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| An Act to provide for the constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine and for matter connected therewith. |
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Be it enacted by Parliament in the twenty-first year of the Republic of India as follows:- |
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| CHAPTER-I |
| PRELIMINARY |
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| 1. |
This Act may be called the Indian Medicine Central Council Act, 1970. |
| 2. |
It extends to the whole of India. |
| 3. |
It shall come into force in a State on such date as the Central Govt. may be notification in the Official Gazette, appoint in this behalf for such State, and different dates may be appointed for different States and for different provision of this Act. |
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| 1. |
In this Act, unless the context otherwise requires, |
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a. |
"approve institution" means a teaching institution, health center or hospital recognized by a University or board as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him; |
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b. |
"Board" means a Board, Council, Examining Body or Faculty of Indian Medicine (by whatever name called) constituted by the State Govt. under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of, Indian medicine; |
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c. |
"Central Council" means the Central Council of Indian Medicine constituted under section 3; |
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d. |
"Central Register of India Medicine, means the register maintained by the Central Council under this Act. |
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e. |
"Indian Medicine" means the systemof Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time. |
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f. |
"Medical institution" means any institution within or without India, which grants degrees, diploma or license in Indian medicine. |
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g. |
"prescribed" means prescribed by regulation; |
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h. |
"recognized medical qualification' means any of the medical qualifications, including Post-Graduate medical qualification, of Indian medicine included in the Second, Third or Fourth Schedule; |
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i. |
"regulation" means a regulation made under section 36; |
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j. |
"State Register of Indian Medicine" means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Indian Medicine; |
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k. |
"University" means any university in India established by law and having a Faculty of Indian Medicine and includes a University in India established by law in which instruction, teaching, training or research in Indian medicine is provided. |
| 2. |
Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. |
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| CHAPTER-II |
| THE CENTRAL COUNCIL AND ITS COMMITTEES |
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| 1. |
The Central Govt. shall, by notification in the Official Gazette constitute for the purposes of this act a Central Council Consisting of the following members, namely:- |
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a. |
such number of members not exceeding five as may be determined by the Central Govt. in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani systems of medicine from each State in which a State Register of Indian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha or Unani, as the case may be; |
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one member for each of the Ayurveda, Siddha and Unani systems of medicine from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of the respective systemof medicine of that University; |
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c. |
such number of members, not exceeding thirty percent of the total number of members elected under clauses(a) and (b), as may nominated by the Central Govt., from amongst persons having special knowledge or practical experience in respect of Indian medicine; |
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Provided that until member are elected under clause (a) or clause (b) in accordance with the provision of this Act and the rules made thereunder, the Central Govt. shall nominate such number of member, being persons qualified to be chosed as such under the said clause (a) or clause (b), as the case may be, as that Govt. thinks fit; and references to elected members in this Act shall be construed as including references to members so nominated. |
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The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed. |
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There shall be a Vice-President for each of the Ayurveda, Siddha and Unani systemof medicine who shall be elected from amongst themselves by members representing that systemof medicine, elected under clause (a) or clause (b) of sub-section (1) or nominated under clause (c) of that sub-section. |
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An election under clause (a) or clause (b) of sub-section (1) of section 3 shall be conducted by the Central Govt. in accordance with such rules as may be made by it in this behalf. |
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Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Govt. whose decision shall be final. |
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No person shall be eligible for election to the Central Council unless he possesses any of the medical qualification included in the Second, Third or Fourth Schedule, is enrolled on any State Register of Indian Medicine and resides in the State concerned. |
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No person may at the same time serve as a member in more than one capacity. |
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The Central Council shall be a body corporate by the name of Central Council of Indian Medicine having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sued. |
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The President, a Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination, as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer. |
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An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meeting of the Central Council or, in the case of a member elected under clause (a) of sub-section (1) of Section 3, if he ceases to be enrolled on the concerned State Register of Indian Medicine, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be member of faculty or Department (by whatever name called) of Indian medicine of the University concerned. |
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A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nomination. |
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Member of the Central Council shall be eligible for re-election or re-nomination. |
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Where the said term of five year is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired. |
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The Central Council shall meet at least once in each year at such time and place as may be appointed by the Central Council. |
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Unless otherwise prescribed, one-third of the total number of members of the Central Council shall form a quorum and all the acts of the Central Council shall be decided by a majority of the members present and voting:- |
Provided that no decision of the Central Council in relation to any Indian medicine, shall be effective unless three members representing Ayurveda, Siddha or Unani systemof medicine as the case may be, are present at the meeting and support the decision. |
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The Central Council shall constitute from amongst its members:- |
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a committee for Ayurveda |
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a committee for Siddha and |
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a committee for Unani, |
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and each such committee shall consist of members elected under clause(a) or clause(b) or nominated under clause (c) of sub-section (1) of section 3 representing the Ayurveda, Siddha or Unani systemof medicine, as the case may be. |
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The Vice-President for each of the Ayurveda, Siddha and Unani systemof medicine elected under sub-section (3) of section 3 shall be, respectively, the Chairman of the committees referred to in clauses (a), (b) and (c) of sub-section (1). |
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Subject to each general or special directions as the Central Council may from time to time give, each such committee shall be competent to deal with any matter relating to Ayurveda, Siddha or Unani systemof medicine, as the case may be, within the competence of the Central Council. |
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The Central Council may constitute from amongst its members such other committees for general or special purposes, as the Central Council deems necessary to carry out the purposes of this Act. |
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The committees constituted under section 9 and 10 shall meet at least once in each year at such time and place as may be appointed by the Central Council. |
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Unless otherwise prescribed, one-third of the total number of members of a committee shall form a quorum, and all the acts of the committee shall be decided by a majority of the members present and voting. |
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| The Central Council shall:- |
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appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasure. |
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employ such other persons as it deems necessary to carry out the purposes of this Act; |
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require and take from the Registrar, or from any employee, such security for the due performance of his duties as the Central Council deems necessary; and |
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with the previous sanction of the Central Government, fix the remuneration and allowances to be paid to the President, Vice-President and members of the Central Council and to the Members of the committees thereof and determine the conditions of service of the employees of the Central Council. |
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No act or proceeding of the Central Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Central Council or the committee, as the case may be. |
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| CHAPTER-III |
| RECOGNITION OF MEDICAL QUALIFICATION |
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| 1. |
The medical qualifications granted by any University, Board or other medical institutions in India which are included in the Second Schedule shall be recognized medical qualifications for the purposes of this Act. |
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Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Govt. to have any such qualification recognized and the Central Govt., after consulting the Central Council, may, be notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that if shall be recognized medical qualification only when granted after a specified date. |
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The medical qualifications included in the Third Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in any area which was comprised before that date within India as defined in the Govt. of India Act, 1935, shall also be recognized medical qualification for the purposes of this Act. |
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The medical qualifications granted by medical institutions outside India which are included in the Fourth Schedule shall be recognized medical qualifications for the purposes of this Act. |
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The Central Council may enter into negotiations with the authority in any State or country outside India, which, by law of such State or country is entrusted with the maintenance of a Register of Practitioners of Indian medicine, for the settling of a scheme of reciprocity for the recognition of medical qualifications in Indian medicine and in pursuance of any such scheme, the Central Govt. may, by notification in the Official Gazette, amend the Fourth Schedule so as to include therein any medical qualification which the Central Council has decided should be recognized and any such notification may also direct that an entry shall be made in the last column of the Fourth Schedule against such medical qualification declaring that it shall be recognized medical qualification only when granted after a specified date. |
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Subject to the other provisions contained in this Act, any medical qualification included in the Second, Third or Fourth Schedule shall be sufficient qualification for enrolment on any State Register of India Medicine. |
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Save as provided in section 28, no person other than a practitioner of Indian medicine who possesses a recognized medical qualification and is enrolled on a State Register or the Central Register of Indian Medicine;- |
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shall hold office as Vaid, Siddha, Hakim or Physician or any other office (by whatever designation called) in Govt. or in any institution maintained by a local or other authority; |
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shall practice Indian medicine in any State; |
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shall 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; |
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shall 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 Indian medicine. |
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Nothing contained in sub-section (2) shall affect;- |
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The right of a practitioner of Indian Medicine enrolled on a State Register of Indian Medicine to practice Indian medicine in any State merely on the ground that, on the commencement of this Act, he does not possess a recognized medical qualification. |
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The privileges (including the right to practice any systemof medicine) conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State on a practitioner of Indian Medicine enrolled on a State Register of Indian medicine; |
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The right of a person to practice Indian medicine in a State in which, on the commencement of this Act, a State Register of Indian Medicine is not maintained if, on such commencement, he has been practicing Indian medicine for not less than five years |
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The rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956) [including the right to practice medicine as defined in clause (f) of section 2 of the said Act], on persons possessing any qualifications included in the Schedules to the said Act. |
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Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. |
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Every University, Board or medical institution in India which grants a recognized medical qualification shall furnish such information as the Central Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification. |
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The Central Council shall appoint such number of medical inspectors as it may derequisite to inspect any medical college, hospital or other institutions where education in India medicine is given, or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Govt. recognition of medical qualifications granted by that University, Board or medical institute. |
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The medical inspectors shall not interfere with the conduct of any training of examination, but shall report to the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the sufficiency of every examination which they attend. |
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The Central Council shall forward a copy of any such report to the University, Board or medical institution concerned and shall also forward a copy with the remarks of the University, Board or medical institution thereon, to the Central Govt. |
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The Central Council may appoint such number of visitors as it may derequisite to inspect any medical college, hospital or other institution where education in Indian medicine is given or to attend any examination for the purpose of granting recognized medical qualifications. |
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Any person, whether he a member of the Central Council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under Section 19 for any inspection or examination shall not be appoint as a visitor for the same inspection or examination. |
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The visitors shall not interfere with the conduct of any training or examination, but shall report to the President of the Central Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the sufficiency of every examination which they attend. |
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The report of a visitor shall be treated as confidential unless in any particular case the President of Central Council otherwise directs:- |
Provided that if the Central Govt. requires a copy of the report of a visitor, the Central Council shall furnish the same. |
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When upon report by the inspector or the visitor, it appears to the Central Council ;- |
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that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, any University, Board or medical institution, or |
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that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University, Board or medical institution or in any college or other institution affiliated to the University. |
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Do not conform to the standard prescribed by the Central Council the Central Council shall make a representation to that effect to the Central Govt. |
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After considering such representation, the Central Govt. may send it to the Govt. of the State in which the University, Board or medical institution is situated and the State Govt. shall forward it along, with such remarks as it may choose to make to the University, Board or medical institution, with an intimation of the period within which the University, Board or medical institution may submit its explanation to the State Govt. |
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On the receipt of the explanation or, where no explanation is submitted within the period fixed, then, on the expiry of that period, the State Govt. shall make its recommendations to the Central Govt. |
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The Central Govt., after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognized medical qualification only when granted before a specified date, or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognized medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be recognized medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date. |
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The Central Council may prescribe the minimum standards of education in Indian medicine, required for granting recognized medical qualifications by Universities, Boards or medical institutions in India. |
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Copies of the draft regulation and of all subsequent amendments thereof shall be furnished by the Central Council to all State Government and the Central Council shall, before submitting the regulation or any amendment thereof, as the case may be, to the Central Govt. for sanction, take into consideration the comments of any State Govt. received within three months from the furnishing of the copies as aforesaid. |
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Each of the committees referred to in clauses (a),(b) and (c) of sub-section (1) of Section 9 shall, from time to time, report to the Central Council on the efficacy of the regulations and may recommend to the Central Council such amendments thereof as it may think it. |
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| CHAPTER-IV |
| THE CENTRAL REGISTER OF INDIAN MEDICINE |
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The Central Council shall cause to maintained in the prescribed manner, a register of practitioners in separate part for each of the systemof Indian medicine to be known as the Central Register of Indian medicine which shall contain the names of all persons who are for the time being enrolled on any State Register of Indian Medicine and who possess any of the recognized medical qualifications. |
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It shall be the duty of the Registrar of the Central Council to keep and maintain the Central Register of Indian Medicine in accordance with the provisions of this Act and of any orders made by the Central Council and from time to time to revise the register and publish it in the Gazette of Indian in such other manner as may be prescribed. |
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Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a copy published in the Gazette of India. |
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Each Board shall supply to the Central Council three printed copies of the State Register of Indian Medicine as soon as may be after the commencement of this Act and subsequently after the first day of April of each year and each Board shall inform the Central Council without delay of all additions to and other amendments in the State Register of Indian medicine made from time to time:- |
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The Register of the Central Council may on receipt of the report of registration of a person in a State Register of Indian Medicine or on application made in the prescribed manner by any person, enter his name in the Central Register of Indian Medicine, provided that the Register is satisfied that the person concerned is eligible under this Act for such registration. |
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The Central Council may prescribe standards of professional conduct and etiquette and a code of ethics for practitioners of Indian medicine. |
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Regulations made by the Central Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct and such provision shall have effect not with standing anything contained in any law for the time being in force. |
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If the name of any person enrolled on a State Register of Indian Medicine is removed there from in pursuance of any power conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State, the Central Council shall direct the removal of the name of such person from the Central Register of Indian Medicine. |
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Where the name of any person has been removed from a State Register of Indian Medicine on any ground other than that he is not possessed of the requisite medical qualifications or where any application by the said person for restoration of his name to the State Register of Indian Medicine has been rejected, he may appeal in the prescribed manner and subject to such conditions, including conditions as to the payment of a fee, as may be prescribed, to the Central Govt. whose decision, which shall be given after consulting the Central Council, shall be blinding on the State Govt. and on the authorities concerned with the preparation of the State Register of Indian Medicine. |
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If the course of study to be undergone for obtaining a recognized medical qualification in Indian Medicine include a period of training after a person has passed the qualifying examination and before such qualification is conferred on him, any such person shall, on application made by him in this behalf, be granted provisional registration in a State Register of Unani medicine by Board concerned in order to enable him to practice Indian Medicine in an approved institution for the purpose of such training and for no other purpose for the period aforesaid. |
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Subject to the conditions and restrictions laid down in this Act regarding practice of Indian medicine by persons possessing certain recognized medical qualifications, every person whose name is for the time being borne on the Central Register of Indian medicine shall be entitled according to his qualification to practice Indian medicine in any part of India and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments or other appliances or any fees to which he may be entitled. |
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If any person whose name is entered in the Central Register of Indian medicine obtains any title, diploma or other qualifications for proficiency in Indian medicine which is a recognized medical qualification, he shall, on application made in this behalf in the prescribed manner, be entitled to have an entry stating such other title, diploma or other qualification made against his name in the Central Register of Indian Medicine either in substitution for or in addition to any entry previously made. |
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The entries in respect of any such person in a State Register of Indian Medicine shall be altered in accordance with the alterations made in the Central Register of Indian Medicine. |
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Every person registered in the Central Register of Indian Medicine shall notify any transfer of the place of his residence or practice to the Central Council and to the Board concerned, within ninety days of such transfer, failing which his right to participate in the election of members to the Central Council or a Board shall be liable to be forfeited by order of the Central Govt. either permanently or for such period as may be specified therein. |
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| CHAPTER-V |
| MISCELLANEOUS |
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The Central Council shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the Central Govt. as that Govt. may require. |
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The Central Govt. may publish in such manner, as it may think fit, any report, copy, abstract or other information furnished to it under this section or under section 20. |
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Whenever it is made to appear to the Central Govt. that the Central Council is not complying with any of the provisions of this Act, the Central Govt. may refer the particulars of the complaint to a commission of inquiry consisting of three persons, two of whom shall be appointed by the Central Govt., one being a judge of a High Court and one by the Central Council and such commission shall proceed to inquire in a summary manner to report to the Central Govt. as to the truth of the matters charged in the complaint and in case of any charge of default or of improper action being found by the commission to have been established, the commission shall recommend the remedies, it any, which are in its opinion necessary. |
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The Central Govt. may require the Central Govt. to adopt the remedies so recommended within such time as, having regards to the report of the commission, it may think fit and if the Central Council fails to comply with any such requirement, the Central Govt. may amend the regulations of the Central Council, or make such provision or order or take such other steps as may senecessary to give effect to the recommendations of the commission. |
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A commission of inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a civil court under the code of Civil Procedure, 1908 (5 of 1908). |
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No suit, prosecution or other legal proceeding shall lie against the Govt., the Central Council or a Board or any committee thereof or any officer or servant of the Govt. or the Central Council or the Board aforesaid for anything which is in good faith done or intended to be done under this Act. |
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The Central Govt. may be notification in the Official Gazette, make rules to carry out the purposes of this Act. |
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Every rule made under this section 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 tow 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 both Houses agree that the rule should not be made the rule 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. |
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The Central Council, may, with the previous sanction of the Central Govt., [by notification in the Official Gazette] make regulations generally to carry out the purposes of this Act and without prejudice to the generally of this power, such regulations may provide for- |
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a. |
the manner of election of the President and the Vice-Presidents of the Central Council; |
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b. |
the management of the property of the Central Council and the maintenance and audit of its accounts; |
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c. |
the resignation members of the Central Council; |
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d. |
the powers and duties of the President and Vice-President; |
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e. |
the summoning and holding of meetings of the Central Council and the committees thereof, the times and places, where such meetings are to be held and the conduct of business threat and the number of members necessary to constitute a quorum; |
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f. |
the functions of the committees constituted under section 9 or section 10; |
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g. |
the tenure of office and the powers and duties of the Registrar and other officers and servants of the Central Council; |
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h. |
the appointment, powers, duties and procedure of inspectors and visitors; |
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i. |
the courses and period of study and of practical training to be undertaken, the subject of examination and the standards of proficiency therein to be obtained, in any university, board or medical institutions for grant of recognized medical qualifications; |
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j. |
the standards of staff, equipment, accommodation, training and other facilities for education in Indian Medicine; |
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k. |
the conduct of professional examination, qualifications of examiners and the conditions of admissions to such examinations; |
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l. |
the standards of professional conduct and etiquette and code of ethics to be observed by practitioners of Indian Medicine; |
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m. |
the particulars to be stated and the proof of qualifications to be given in applications for registration under this Act; |
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n. |
the manner in which and the conditions subject to which an appeal under section 27 may be preferred; |
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o. |
The fees to be paid on applications and appeals under this Act; and |
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p. |
any matter for which under this Act provision may be made by regulations; |
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The Central Govt. shall cause every regulation made under this Act to 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 regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation. |
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