THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ACT, 2020                                                                                                                                        

_______ 

ARRANGEMENT OF SECTIONS                                                                                                             

Last updated: 17-9-2021 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE 

3. Constitution of National Commission for Indian System of Medicine. 
4. Composition of Commission. 
5. Search Committee for appointment of Chairperson and Members. 
6. Term of office and conditions of service of Chairperson and Members. 
7. Removal of Chairperson and Members of Commission. 
8. Appointment of Secretary, experts, professionals, officers and other employees of Commission. 
9. Meetings of Commission. 
10. Power and functions of Commission. 

CHAPTER III 

ADVISORY COUNCIL FOR INDIAN SYSTEM OF MEDICINE 

11. Constitution and composition of Advisory Council for Indian System of Medicine. 
12. Functions of Advisory Council for Indian System of Medicine. 
13. Meetings of Advisory Council for Indian System of Medicine. 

CHAPTER IV 

NATIONAL EXAMINATION 

14. National Eligibility-cum-Entrance Test. 

15. National Exit Test. 

16. Post-Graduate National Entrance Test. 

17. National Teachers’ Eligibility Test for Indian System of Medicine. 

CHAPTER V 

AUTONOMOUS BOARDS 

18. Constitution of Autonomous Boards. 

19. Composition of Autonomous Boards. 

20. Search Committee for appointment of President and Members. 

1 

 
 
 
SECTIONS 

21. Term of office and conditions of service of President and Members. 

22. Advisory Committees of experts. 

23. Staff of Autonomous Boards. 

24. Meetings, etc., of Autonomous Boards. 

25. Delegation of powers. 

26. Powers and functions of Autonomous Boards. 

27. Powers and functions of Board of Ethics and Registration for Indian System of Medicine. 

28.  Powers  and  functions  of  Medical  Assessment  and  Rating  Board  for  Indian  System  of 
Medicine. 

29. Permission for establishment of new medical institution. 

30. Criteria for approving or disapproving scheme. 

31. State Medical Council. 

32. National Register and State Register of Indian System of Medicine. 

33. Rights of persons to be enrolled in National Register and their obligations thereto. 

34. Rights of persons to practice. 

CHAPTER VI 

RECOGNITION OF QUALIFICATIONS OF INDIAN SYSTEM OF MEDICINE 

35. Recognition of qualifications granted by Universities or medical institutions in India. 

              36. Recognition of medical qualifications granted by medical institutions outside India. 

37. Withdrawal of recognition or de-recognition of qualification. 

38. Special provision in certain cases for recognition of qualifications. 

CHAPTER VII 

GRANTS, AUDIT AND ACCOUNTS 

39. Grants by Central Government. 

40. National Commission Fund for Indian System of Medicine. 

41. Audit and accounts. 

42. Furnishing of returns and reports to Central Government. 

CHAPTER VIII 

MISCELLANEOUS 

43. Power of Central Government to give directions to Commission and Autonomous Boards. 

44. Power of Central Government to give directions to State Governments. 

45. Information to be furnished by Commission and publication thereof. 

46. Obligation of Universities and medical institutions. 

2 

 
 
SECTIONS 

47. Completion of courses of studies in medical institutions. 

48. Chairperson, Members, officers of Commission and of Autonomous Boards to be public    
servants. 

49. Protection of action taken in good faith. 

50. Cognizance of offences. 

51. Power of Central Government to supersede Commission. 

52. Joint sittings of Commission, National Commission for Homoeopathy and National Medical 
Commission. 

53. State Government to promote public health. 

54. Power to make rules. 

55. Power to make regulations. 

56. Rules and regulations to be laid before Parliament. 

57. Power to remove difficulties. 

58. Repeal and saving. 

59. Transitory provisions. 

3 

 
 
 
THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ACT, 2020 

ACT NO. 14 OF 2020 

[20th September, 2020.] 

An  Act  to  provide  for  a  medical  education  system  that  improves  access  to  quality  and  affordable 
medical  education,  ensures  availability  of  adequate  and  high  quality  medical  professionals  of  Indian 
System  of  Medicine  in  all  parts  of  the  country;  that  promotes  equitable  and  universal  healthcare  that 
encourages  community  health  perspective  and  makes  services  of  such  medical  professionals  accessible 
and  affordable  to  all  the  citizens;  that  promotes  national  health  goals;  that  encourages  such  medical 
professionals  to  adopt  latest  medical  research  in  their  work  and  to  contribute  to  research;  that  has  an 
objective  periodic  and  transparent  assessment  of  medical  institutions  and  facilitates  maintenance  of  a 
medical register of Indian System of Medicine for India and enforces high ethical standards in all aspects 
of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal 
mechanism and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the National Commission 

for Indian System of Medicine Act, 2020. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and any reference 
in any such provision to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Autonomous Board” means any of the Autonomous Boards constituted under section 18; 

(b) “Board of Ayurveda” means the Board constituted under section 18; 

(c)  “Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine”  means  the  Board 

constituted under section 18; 

(d) “Board of Unani, Siddha and Sowa-Rigpa” means the Board constituted under section 18; 

(e)  “Chairperson”  means  the  Chairperson  of  the  National  Commission  for  Indian  System  of 

Medicine appointed under section 5; 

(f)  “Commission”  means  the  National  Commission  for  Indian  System  of  Medicine  constituted 

under section 3; 

(g)  “Council”  means  the  Advisory  Council  for  Indian  System  of  Medicine  constituted  under 

section 11; 

1. 7th October, 2020— S. 3,4,5,6,8,11,18,19,20,21,54 and 55 vide notification No. S.O. 3483(E), dated 7th October, 2020, see 

Gazette of India, Extraordinary, Part II, sec. 3 (ii). 

   11th  June,  2021—  (All  the  remaining  provisions)  vide  notification  No.  S.O.  2278(E),  dated  11th  June,  2021.  see 

Gazette of India, Extraordinary, Part II, sec. 3 (ii). 

4 

 
                                                           
(h) “Indian System of Medicine” means the Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa 
Systems  of  Medicine  supplemented  by  such  modern  advances,  scientific  and  technological 
development  as  the  Commission  may,  in  consultation  with  the  Central  Government,  declare  by 
notification from time to time; 

(i)  “licence”  means  a  licence  to  practice  any  of  the  Indian  System  of  Medicine  granted  under  

sub-section (1) of section 33; 

(j)  “Medical  Assessment  and  Rating  Board  for  Indian  System  of  Medicine”  means  the  Board 

constituted under section 18; 

(k)  “medical  institution”  means  any  institution  within  or  outside  India  which,  grants  degrees, 
diplomas or licences in Indian System of Medicine and includes affiliated colleges and deemed to be 
Universities; 

(l)  “Member”  means  a  Member  of  the  Commission  referred  to  in  section  4  and  includes  the 

Chairperson thereof; 

(m)  “National  Register”  means  a  National  Medical  Register  for  Indian  System  of  Medicine 

maintained by the Board of Ethics and Registration for Indian System of Medicine under section 32; 

(n)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notify” shall be construed accordingly; 

(o) “prescribed” means prescribed by rules made under this Act; 

(p) “President” means the President of an Autonomous Board appointed under section 20; 

(q) “regulations” means the regulations made by the Commission under this Act; 

(r)  “State  Medical  Council”  means  a  State  Medical  Council  of  Indian  System  of  Medicine 
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 Indian System of Medicine in that State or Union territory; 

(s) “State Register” means a State Register for Indian System of Medicine maintained under any 
law  for  the  time  being  in  force  in  any  State  or  Union  territory  for  registration  of  practitioners  of 
Indian System of Medicine; 

(t)  “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. 

CHAPTER II 

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE 

3.  Constitution  of  National  Commission  for  Indian  System  of  Medicine.—(1)  The  Central 
Government shall, by notification, constitute a Commission, to be known as the National Commission for 
Indian System of Medicine, to exercise the powers conferred upon, and to perform the functions assigned 
to it, under this Act. 

(2) The  Commission  shall be  a  body  corporate  by  the  name  aforesaid,  having  perpetual  succession 
and  a  common  seal,  with  power,  subject  to  the  provisions  of  this  Act,  to  acquire,  hold  and  dispose  of 
property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 

(3) The head office of the Commission shall be at New Delhi. 

4.  Composition  of  Commission.—(1)  The  Commission  shall  consist  of  the  following  persons, 

namely:–– 

(a) a Chairperson;  

5 

 
(b) fifteen ex officio Members; and  

(c) twenty-three part-time Members. 

(2)  The  Chairperson  shall  be  a  person  of  outstanding  ability,  proven  administrative  capacity  and 
integrity, possessing a postgraduate degree in any of the disciplines of Indian System of Medicine from a 
recognised University and having experience of not less than twenty years in any field of Indian System 
of Medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth 
and development of Indian System of Medicine or its education. 

(3) The following persons shall be appointed by the Central Government as ex officio Members of the 

Commission, namely:— 

(a) the President of the Board of Ayurveda; 

(b) the President of the Board of Unani, Siddha and Sowa-Rigpa; 

(c) the President of the Medical Assessment and Rating Board for Indian System of Medicine; 

(d) the President of the Board of Ethics and Registration for Indian System of Medicine; 

(e) Advisor (Ayurveda) or Joint Secretary to the Government of India in-charge of Ayurveda and 
Advisor (Unani) or Joint Secretary to the Government of India in-charge of Unani, in the Ministry of 
AYUSH; 

(f) the Director, All India Institute of Ayurveda, New Delhi; 

(g) the Director General, Central Council for Research in Ayurvedic Sciences, New Delhi; 

(h) the Director General, Central Council for Research in Unani Medicine, New Delhi; 

(i) the Director General, Central Council for Research in Siddha, Chennai; 

(j) the Director, National Institute of Siddha, Chennai; 

(k) the Director, National Institute of Unani, Bengaluru; 

(l) the Director, North Eastern Institute on Ayurveda and Homoeopathy, Shillong; 

(m) the Director, Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar; and 

(n) the Director, National Institute of Ayurveda, Jaipur. 

(4) The following persons shall be appointed by the Central Government as part-time Members of the 

Commission, namely:— 

(a) four Members to be appointed from amongst persons of ability, integrity and standing, who 
have  special  knowledge  and  professional  experience  in  any  of  the  disciplines  of  Indian  System  of 
Medicine,  Sanskrit,  Urdu,  Tamil,  management,  law,  health  research,  science  and  technology  and 
economics; 

(b) ten Members to be appointed on rotational basis from amongst the nominees of the States and 
Union territories in the Advisory Council for Indian System of Medicine for a term of two years in 
such manner as may be prescribed; 

(c) six members from Ayurveda, one member each from Siddha, Unani and Sowa-Rigpa, to be 
appointed  from  amongst  the  nominees  of  the  States  and  Union  territories,  under  clause  (d)  of  
sub-section (2) of section 11, in the Advisory Council for Indian System of Medicine, for a term of 
two years in such manner as may be prescribed: 

6 

 
Provided  that  no  Member  shall  either  himself  or  through  any  of  his  family  members,  directly  or 
indirectly, own or be associated with or have any dealings with the managing body of a private or non-
government medical institution which is regulated under this Act. 

Explanation.––For the purpose of this section and section 19, the term “leader” means the Head of a 

Department or the Head of an Organisation. 

5.  Search  Committee  for  appointment  of  Chairperson  and  Members.—(1)  The  Central 
Government shall appoint the Chairperson, referred to in section 4 and the President of the Autonomous 
Boards referred to in section 20 on the recommendation of a Search Committee consisting of— 

(a) the Cabinet Secretary—Chairperson; 

(b) two experts, possessing outstanding qualifications and experience of not less than twenty-five 
years  in  any  of  the  fields  of  Indian  System  of  Medicine,  to  be  nominated  by  the  Central 
Government—Members; 

(c) one expert, from amongst the 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; 

(d) one person, possessing outstanding qualifications and experience of not less than twenty-five 
years in the field of Sanskrit, Urdu, Tamil, health research, management, law, economics or science 
and technology, to be nominated by the Central Government—Member; 

(e)  the  Secretary  to  the  Government  of  India  in  charge  of  the  Ministry  of  AYUSH,  to  be  the 

Convenor—Member: 

Provided that for selection of part-time Members of the Commission referred to in clause (a) of sub-
section  (4)  of  section  4,  the  Secretary  referred  to  in  section  8  and  other  Members  of  the  Autonomous 
Boards referred to in section 20, the Search Committee shall consist of Members specified in the clauses 
(b)  to  (d)  and  Joint  Secretary  to  the  Government  of  India  in  the  Ministry  of  AYUSH  as  Convenor-
Member and chaired by Secretary to the Government of India in charge of the Ministry of AYUSH. 

(2)  The  Central  Government  shall,  within  one  month  from  the  date  of  occurrence  of  any  vacancy, 
including  by  reason  of  death,  resignation  or  removal  of  the  Chairperson  or  a  Member,  or  within  three 
months  before  the  end  of  tenure  of  the  Chairperson  or  Member,  make  a  reference  to  the  Search 
Committee for filling up of the vacancy. 

(3) The Search Committee shall recommend a panel of at least three names for every vacancy referred 

to it. 

(4)  Before  recommending  any  person  for  appointment  as  the  Chairperson  or  a  Member  of  the 
Commission,  the  Search  Committee  shall  satisfy  itself  that  such  person  does  not  have  any  financial  or 
other interest which is likely to affect prejudicially his functions as such Chairperson or Member. 

(5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancy 

or absence of a Member in the Search Committee. 

(6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may regulate its own 

procedure. 

6. Term of office and conditions of service of Chairperson and Members.––(1) The Chairperson 
and  Members  (other  than  ex  officio  Members)  and  Members  appointed  under  clauses  (b)  and  (c)  of  
sub- section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible 
for any extension or re-appointment: 

Provided that such person shall cease to hold office after attaining the age of seventy years. 

7 

 
(2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue 

of which he is such Member. 

(3)  Where  a  Member,  other  than  an  ex  officio  Member,  is  absent  from  three  consecutive  ordinary 
meetings of the Commission and the cause of such absence is not attributable to any valid reason in the 
opinion of the Commission, such Member shall be deemed to have vacated the seat. 

(4) The salary and allowances payable to and other terms and conditions of service of the Chairperson 

and Member, other than an ex officio Member, shall be such as may be prescribed. 

(5) The Chairperson or a Member may,–– 

(a) relinquish his office by giving in writing a notice of not less than three months to the Central 

Government; or 

(b) be removed from his office in accordance with the provisions of section 7: 

Provided  that  such  person  may  be  relieved  from  duties  earlier  than  three  months  or  allowed  to 

continue beyond three months until a successor is appointed, if the Central Government so decides. 

(6) The Chairperson and every Member of the Commission shall make declaration of his assets and 
liabilities at the time of entering upon his office and at the time of demitting his office and also declare his 
professional and commercial engagement or involvement, in such form and manner as may be prescribed, 
and such declaration shall be published on the website of the Commission. 

(7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of two 
years from the date of demitting such office, any employment, in any capacity, including as a consultant 
or an expert, in any private Medical institution of Indian System of Medicine or, whose matter has been 
dealt with by such Chairperson or Member, directly or indirectly: 

Provided that nothing contained herein shall be construed as preventing such person from accepting 
an  employment  in  a  body  or  institution  including  Medical  institution  of  Indian  System  of  Medicine, 
controlled or maintained by the Central Government or a State Government. 

(8) Nothing in sub-section (7) shall prevent the Central Government from permitting the Chairperson 
or  a  Member  to  accept any  employment  in  any  capacity, including  as a  consultant or  an expert,  in  any 
private  Medical  institution  of  Indian  System  of  Medicine,  whose  matter  has  been  dealt  with  by  such 
Chairperson or Member. 

7. Removal of Chairperson and Members of Commission.––(1) The Central Government may, by 

order, remove from office, the Chairperson or any other Member, who— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or 

(d) is of unsound mind and stands so declared by a competent court; or 

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a Member; or 

(f) has so abused his position as to render his continuance in office prejudicial to public interest. 

 (2)  No  Member  shall  be  removed  under  clauses  (e)  and  (f)  of  sub-section  (1)  unless  he  has  been 

given a reasonable opportunity of being heard in the matter. 

8 

 
8.  Appointment  of  Secretary,  experts,  professionals,  officers  and  other  employees  of 
Commission.––(1) There  shall  be  a  Secretariat  for  the  Commission  to  be  headed  by  a  Secretary,  to  be 
appointed by the Central Government in accordance with the provisions of section 5. 

(2)  The  Secretary  of  the  Commission  shall  be  a  person  of  proven  administrative  capacity  and 

integrity, possessing such qualifications and experience as may be prescribed. 

(3) The Secretary shall be appointed by the Central Government for a term of four years and he shall 

not be eligible for any extension or re-appointment. 

(4)  The  Secretary  shall  discharge  such  functions  of  the  Commission  as  are  assigned  to  him  by  the 

Commission and as may be specified by regulations made under this Act. 

(5)  The  Commission  may  appoint  such  officers  and  other  employees,  as  it  considers  necessary, 
against the posts created by the Central Government for the efficient discharge of its functions under this 
Act. 

(6) The salaries and allowances payable to, and other terms and conditions of service of the Secretary, 

officers and other employees of the Commission shall be such as may be prescribed. 

(7)  The  Commission  may  engage,  in  accordance  with  the  procedure  specified  by  regulations,  such 
number of experts and professionals of integrity and outstanding ability, who have special knowledge of 
Indian  System  of  Medicine,  and  experience  in  fields  including  medical  education  in  Indian  System  of 
Medicine,  public  health,  management,  economics,  accreditation,  patient  advocacy,  health  research, 
science  and  technology,  administration,  finance,  accounts  or  law  as  it  deems  necessary,  to  assist  the 
Commission in the discharge of its functions under this Act. 

9.  Meetings  of  Commission.––(1)  The  Commission  shall  meet  at  least  once  every  quarter  at  such 

time and place as may be appointed by the Chairperson. 

(2)  The  Chairperson  shall  preside  at  the  meeting  of  the  Commission  and  if,  for  any  reason,  the 
Chairperson  is  unable  to  attend  a  meeting  of  the  Commission,  any  Member  being  the  President  of  the 
Autonomous Boards, nominated by the Chairperson shall preside at the meeting. 

(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by 
regulations, one-half of the total number of Members of the Commission including the Chairperson shall 
constitute the quorum and all decisions of the Commission shall be taken by a majority of the members, 
present and voting and in the event of equality of votes, the Chairperson or in his absence, the President 
of the Autonomous Board nominated under sub-section (2), shall have the casting vote. 

(4) The general superintendence, direction and control of the administration of the Commission shall 

vest in the Chairperson. 

(5) No act or proceeding of the Commission shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Commission; or  

(b) any defect in the appointment of a person acting as a Chairperson or as a Member. 

(6)  A  person  who  is  aggrieved  by  any  decision  of  the  Commission,  except  the  decision  rendered 
under sub-section (4) of section 31, may prefer an appeal to the Central Government against such decision 
within fifteen days of the communication of such decision. 

10.  Power  and  functions  of  Commission.––(1)  The  Commission  shall  perform  the  following 

functions, namely:— 

(a)  lay  down  policies  for  maintaining  a  high  quality  and  high  standards  in  education  of  Indian 

System of Medicine and make necessary regulations in this behalf; 

9 

 
(b)  lay  down  policies  for  regulating  medical  institutions,  medical  researches  and  medical 

professionals and make necessary regulations in this behalf; 

(c)  assess  the  requirements  in  healthcare,  including  human  resources  for  health  and  healthcare 

infrastructure and develop a road map for meeting such requirements; 

(d) frame guidelines and lay down policies by making such regulations as may be necessary for 
the proper functioning of the Commission, the Autonomous Boards and the State Medical Councils of 
Indian System of Medicine; 

(e) ensure coordination among the Autonomous Boards; 

(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils 
of Indian System of Medicine of the guidelines framed and regulations made under this Act for their 
effective functioning under this Act; 

(g) exercise appellate jurisdiction with respect to decisions of the Autonomous Boards; 

(h) ensure observance of professional ethics in Medical profession and to promote ethical conduct 

during the provision of care by medical practitioners; 

(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; 

(j) exercise such other powers and perform such other functions as may be prescribed. 

(2) All orders and decisions  of the Commission shall be authenticated by signature of the Secretary 
and the Commission may delegate such of its powers on administrative and financial matters, as it deems 
fit, to the Secretary. 

(3) The Commission may constitute sub-committees and delegate such of its powers to them as may 

be necessary to enable them to accomplish specific tasks. 

CHAPTER III 

ADVISORY COUNCIL FOR INDIAN SYSTEM OF MEDICINE 

11. Constitution and composition of Advisory Council for Indian System of Medicine.––(1) The 
Central  Government  shall,  by  notification,  constitute  an  advisory  body  to  be  known  as  the  Advisory 
Council for Indian System of Medicine. 

(2) The Council shall consist of a Chairperson and the following members, namely:— 

(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council; 

(b) every Member of the Commission shall be ex officio member of the Council; 

(c) one member, to represent each State, who is the Vice-Chancellor of a University in that State, 
possessing  qualifications  in  the  Indian  System  of  medicine,  to  be  nominated  by  that  State 
Government,  and  one  member  to  represent  each  Union  territory,  who  is  the  Vice-chancellor  of  a 
University in that Union territory, possessing qualifications in the Indian System of Medicine, to be 
nominated by the Ministry of Home Affairs in the Government of India: 

Provided  that  where  the  Vice-Chancellor  possessing  qualifications  in  the  Indian  System  of 
Medicine is not available, a Dean or a Head of Faculty possessing qualifications in the Indian System 
of Medicine shall be nominated; 

(d) one member to represent each State and each Union territory from amongst elected members 
of the State Medical Council of Indian System of Medicine, to be nominated by that State Medical 
Council; 

10 

 
(e) the Chairman, University Grants Commission; 

(f) the Director, National Assessment and Accreditation Council; 

(g) 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 Institutes of Science. 

12. Functions of Advisory Council for Indian System of Medicine.—(1) The Council shall be the 
primary platform through which the States and Union territories may put forth their views and concerns 
before  the  Commission  and  help  in  shaping  the  overall  agenda,  policy  and  action  relating  to  medical 
education, training, research and development. 

(2)  The  Council  shall  advise  the  Commission  on  measures  to  determine  and  maintain,  and  to 
coordinate maintenance of, the minimum standards in all matters relating to medical education, training, 
research and development. 

(3)  The  Council  shall  advise  the  Commission  on  measures  to  enhance  equitable  access  to  medical 

education. 

13.  Meetings  of  Advisory  Council  for  Indian  System  of  Medicine.—(1)  The  Council  shall  meet 

atleast twice a year at such time and place as may be decided by the Chairperson. 

(2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson 
is unable to attend a meeting of the Council, such other member as nominated by the Chairperson  shall 
preside over the meeting. 

(3)  Unless  the  procedure  is  otherwise  provided  by  regulations,  one-half  of  the  members  of  the 
Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a 
majority of the members present and voting. 

CHAPTER IV 

NATIONAL EXAMINATION 

14.  National  Eligibility-cum-Entrance  Test.—(1)  There  shall  be  a  uniform  National  Eligibility-
cum-Entrance  Test  for  admission  to  the  undergraduate  courses  in  each  of  the  disciplines  of  the  Indian 
System of Medicine in all medical institutions governed under this Act: 

Provided that National Eligibility-cum-Entrance Test shall be exempted for students who have taken 

admission in–– 

(i) Pre-tib for Bachelor of Unani Medicine and Surgery; and 

(ii) Pre-Ayurveda for Bachelor of Ayurvedic Medicine and Surgery. 

(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such 
other  languages,  through  such  designated  authority  and  in  such  manner,  as  may  be  specified  by 
regulations. 

(3) The Commission shall specify by regulations the manner of conducting common counselling by 

the designated authority for admission to all the medical institutions governed under this Act: 

Provided that the common counselling shall be conducted by the designated authority of–– 

(i) the Central Government, for All India seats; and 

(ii) the State Government, for the remaining seats at the State level. 

(4)  The  Commission  shall  specify  by  regulations  the  manner  of  admission  of  students  to 

undergraduate courses who are exempted under sub-section (1). 

11 

 
15. National Exit Test.—(1) A common final year undergraduate medical examination, to be known 
as  the  National  Exit  Test,  shall  be  held  for  granting  licence  to  practice  as  medical  practitioner  of 
respective disciplines of Indian System of Medicine and for enrollment in the State Register or National 
Register, as the case may be. 

(2) The Commission shall conduct the National Exit Test for Indian System of Medicine in English 
and in such other languages, through such designated authority and in such manner as may be specified 
by regulations. 

(3) The National Exit Test shall become operational on such date, within three years from the date on 

which this Act comes into force, as may be appointed by the Central Government, by notification. 

(4) Any person with a foreign medical qualification shall have to qualify national Exist Test for the 
purpose  of  obtaining  licence  to  practice  as  medical  practitioner  of  Indian  System  of  Medicine  and  for 
enrollment in the State Register or the National Register, as the case may be, in such manner as may be 
specified by regulations. 

16. Post-Graduate National Entrance Test.—(1) A uniform Post-Graduate National Entrance Test 
shall  be  conducted  separately  for  admission  to  postgraduate  courses  in  each  discipline  of  the  Indian 
System of Medicine in all medical institutions governed under this Act. 

(2) The Commission shall conduct the National Entrance Test for admission to postgraduate courses 
in English and in such other languages, through such designated authority and in such manner, as may be 
specified by regulations. 

(3) The Commission shall specify by regulations the manner of conducting common counselling by 
the designated authority for admission to the postgraduate seats in all medical institutions governed under 
this Act. 

17. National Teachers’ Eligibility Test for Indian System of Medicine.—(1) A National Teachers’ 
Eligibility Test shall be conducted separately for the postgraduates of each discipline of Indian System of 
Medicine who desire to take up teaching profession in that discipline. 

(2)  The  Commission  shall  conduct  the  National  Teachers’  Eligibility  Test  for  Indian  System  of 

Medicine through such designated authority and in such manner as may be specified by regulations. 

(3) The National Teachers’ Eligibility Test for Indian System of Medicine shall become operational 
on such date, within three years from the date on which this Act comes into force, as may be notified by 
the Central Government: 

Provided that nothing contained in this section shall apply to the teachers appointed prior to the date 

notified under sub-section (3). 

CHAPTER V 

AUTONOMOUS BOARDS 

18.  Constitution  of  Autonomous  Boards.—(1)  The  Central  Government  shall,  by  notification, 
constitute  the  following  Autonomous  Boards,  under  the  overall  supervision  of  the  Commission,  to 
perform the functions assigned to such Boards under this Act, namely:— 

(a) the Board of Ayurveda; 

(b) the Board of Unani, Siddha and Sowa-Rigpa; 

(c) the Medical Assessment and Rating Board for Indian System of Medicine; and 

(d) the Board of Ethics and Registration for Indian System of Medicine. 

12 

 
(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its 

functions under this Act in accordance with the regulations made by the Commission. 

19. Composition of Autonomous Boards.—(1) The composition of the Autonomous Boards shall be 

as under, namely:–– 

(a)  the  Board  of  Ayurveda  shall  consist  of  a  President  and  four  Members  from  the  Ayurveda 

discipline of Indian System of Medicine; 

(b) the  Board  of  Unani,  Siddha  and  Sowa-Rigpa  shall  consist  of  a  President  and  two Members 

from each of the Unani, Siddha and Sowa-Rigpa disciplines of Indian System of Medicine; 

(c) the Medical Assessment and Rating Board for Indian System of Medicine shall consist of a 

President and eight Members: 

 Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha, 
Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Member 
represents each such discipline separately, and the remaining two Members shall be accreditation experts; 

(d)  the  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  consist  of  a 

President and eight Members: 

Provided that the President and six out of eight Members shall be chosen from the Ayurveda, Siddha, 
Sowa-Rigpa and Unani disciplines of Indian System of Medicine in such manner that at least one Member 
represents each such discipline separately, and the remaining two Members shall be chosen from any of 
the disciplines of quality assurance, public health, law or patient advocacy. 

(2) The President and Members of the Autonomous Boards to be chosen under sub-section (1) shall 
be  persons  of outstanding ability,  proven  administrative  capacity  and integrity, possessing  postgraduate 
degree  in  respective  disciplines  from  a  recognised  University  and  having  experience  of  not  less  than 
fifteen years in respective fields, out of which at least seven years shall be as a leader: 

Provided that seven years as leader in the case of the President and Member from Indian System of 
Medicine  shall  be  in  the  area  of  health,  growth  and  development  of  education  in  Indian  System  of 
Medicine. 

20.  Search  Committee  for  appointment  of  President  and  Members.—The  Central  Government 
shall appoint the President and Members of the Autonomous Boards on the basis of the recommendations 
made  in  accordance  with  the  procedure  specified  in  section  5  by  the  Search  Committee  constituted 
thereunder. 

21. Term of office and conditions of service of President and Members.—(1) The President and 
Members of each Autonomous Board shall hold the office for a term not exceeding four years and shall 
not be eligible for any extension or re-appointment:  

Provided that such person shall cease to hold office after attaining the age of seventy years. 

(2) The salary and allowances payable to, and other terms and conditions of service of, the President 

and Members of an Autonomous Boards shall be such as may be prescribed. 

(3) The provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6 relating to the terms 
and  conditions  of  service  of,  and  in  section  7  relating  to  removal  from  office,  the  Chairperson  and 
Members of the Commission shall also be applicable to the President and Members of the Autonomous 
Boards. 

22. Advisory Committees of experts.—(1) Each Autonomous Board, except the Board of Ethics and 
Registration for Indian System of Medicine, shall be assisted by such advisory Committees of experts, as 
may be constituted by the Commission, for the efficient discharge of the functions of such Boards under 
this Act.  

13 

 
(2)  The  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  be  assisted  by  such 
ethics committees of experts, as may be constituted by the Commission, for the efficient discharge of the 
functions of that Boards under this Act. 

23.  Staff  of  Autonomous  Boards.—The  experts,  professionals,  officers  and  other  employees 
appointed under section 8 shall be made available to the Autonomous Boards in such number and in such 
manner, as may be specified by regulations made by the Commission. 

24. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once 

a month at such time and place as it may appoint. 

(2) Subject to such regulations as may be made in this behalf, all decisions of the Autonomous Boards 
shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes 
of the President and Members.  

(3) A person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the 

Commission against such decision within thirty days of the communication of such decision. 

25. Delegation of powers.—(1) The Commission may delegate all or any of its administrative and 
financial powers to the President of each Autonomous Board to enable such Board to function smoothly 
and efficiently. 

(2) The President of an Autonomous Board may further delegate any of his powers to a Member or 

officer of that Board. 

26. Powers and functions of Autonomous Boards.—(1) The Board of Ayurveda, in respect of the 
discipline of Ayurveda, and the Board of Unani, Siddha and Sowa-Rigpa, in respect of the disciplines of 
Unani, Siddha and Sowa-Rigpa, of the Indian System of Medicine, shall perform the following functions 
in respect of their respective disciplines, namely:— 

(a) determine the standards of education at the undergraduate, postgraduate and super-speciality 

levels and oversee all aspects relating thereto; 

(b)  develop  a  competency  based  dynamic  curriculum  at  all  levels  in  accordance  with  the 
regulations  made  under  this  Act,  in  such  manner  that  it  develops  appropriate  skill,  knowledge, 
attitude, values and ethics among the postgraduate and superspeciality students and enables them to 
provide healthcare, to impart medical education and to conduct medical research; 

(c)  frame  guidelines  on  setting  up  of  medical  institutions  for  imparting  undergraduate, 
postgraduate  and  super-speciality  courses  in  Ayurveda,  Unani,  Siddha  and  Sowa-Rigpa,  having 
regard to the needs of the country, the global norms and the regulations made under this Act; 

(d) determine minimum requirements and standards for conducting of courses and examinations 
in  medical  institutions,  having  regard  to  the  needs  of  creativity  at  local  levels  and  the  regulations 
made under this Act; 

(e)  determine  standards  and  norms  for  infrastructure,  faculty  and  quality  of  education  and 
research  in  medical  institutions  of  Indian  System  of  Medicine,  in  accordance  with  the  regulations 
made under this Act; 

(f)  specify  norms  for  compulsory  annual  disclosure,  electronically  or  otherwise,  by  medical 
institutions  of  Indian  System  of  Medicine  in  respect  of  their  functions  that  has  a  bearing  on  the 
interest of various stakeholders including students, faculty, the Commission and the Government; 

(g) facilitate development and training of faculty members; 

(h) facilitate research programmes; 

(i) grant recognition to medical qualifications at all levels. 

14 

 
(2) The Board of Ayurveda and the Board of Unani, Siddha and Sowa-Rigpa may, in the discharge of 
their  functions,  make  such  recommendations  to,  and  seek  such  directions  from,  the  Commission,  as  it 
deems necessary. 

27. Powers and functions of Board of Ethics and Registration for Indian System of Medicine.—
(1)  The  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  perform  the  following 
functions, namely:–– 

(a)  maintain  a  National  Register  of  all  licensed  practitioners  of  Indian  System  of  Medicine  in 

accordance with the provisions of section 32; 

(b) regulate professional conduct and promote medical ethics in accordance with the regulations 

made under this Act:  

Provided  that the  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  ensure 
compliance with the code of professional and ethical conduct through the State Medical Council, in a 
case  where  such  State  Medical  Council  has  been  conferred  power  to  take  disciplinary  actions  in 
respect of professional or ethical misconduct by medical practitioners under respective State Acts; 

(c)  develop  mechanisms  to  have  continuous  interaction  with  State  Medical  Councils  of  Indian 
System of Medicine to effectively promote and regulate the conduct of medical practitioners of Indian 
System of Medicine; 

(d)  exercise  appellate  jurisdiction  with  respect  to  the  actions  taken  by  a  State  Medical  Council 

under section 31. 

(2) The Board of Ethics and Registration for Indian System of Medicine may, in the discharge of its 
functions, make such recommendations to, and seek such directions from, the Commission, as it deems 
necessary. 

28.  Powers  and  functions  of  Medical  Assessment  and  Rating  Board  for  Indian  System  of 
Medicine.––(1) The Medical Assessment and Rating Board for Indian System of Medicine shall perform 
the following functions, namely:–– 

(a) determine the procedure for assessment and rating of medical institutions on the basis of their 
compliance with the standards laid down by the Board of Ayurveda or, as the case may be, the Board 
of Unani, Siddha and Sowa-Rigpa, in accordance with the regulations made under this Act; 

(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 29; 

(c)  carry  out  inspections  of  medical  institutions  for  assessing  and  rating  such  institutions  in 

accordance with the regulations made under this Act: 

Provided that the Medical Assessment and Rating Board for Indian System of Medicine may, if it 
deems  necessary,  hire  and  authorise  any  other  third  party  agency  or  persons  for  carrying  out 
inspections of medical institutions for assessing and rating such institutions: 

Provided further that where inspection of medical institutions is carried out by such third party 
agency  or  persons  authorised  by  the  Medical  Assessment  and  Rating  Board  for  Indian  System  of 
Medicine, it shall be obligatory on such institutions to provide access to such agency or person; 

(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 regulations; 

(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; 

15 

 
(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 its failure to maintain the minimum essential standards 
specified by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-
Rigpa, in accordance with the regulations made under this Act. 

(2) The Medical Assessment and Rating Board for Indian System of Medicine may, in the discharge 
of  its  functions,  make  such  recommendations  to,  and  seek  such  directions  from,  the  Commission,  as  it 
deems necessary. 

29. Permission for establishment of new medical institution.––(1) No person shall establish a new 
medical institution or start any postgraduate course or increase number of seats without obtaining prior 
permission of the Medical Assessment and Rating Board for Indian System of Medicine. 

Explanation.–– For the purpose of this sub-section, the term “person” includes any University, trust 

or any other body, but does not include the Central Government. 

(2) For the purpose of obtaining permission under sub-section (1), a person may submit a scheme to 
the Medical Assessment and Rating Board for Indian System of Medicine in such form, containing such 
particulars, accompanied by such fee, and in such manner, as may be specified by regulations. 

(3) While considering the scheme received under sub-section (2), the Medical Assessment and Rating 
Board  for  Indian  System  of  Medicine shall  have  regard  to the standards  of  education  and research, the 
standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and 
other  requirements  determined  by  the  Board  of  Ayurveda  or,  as  the  case  may  be,  the  Board  of  Unani, 
Siddha and Sowa-Rigpa under section 26, and pass an order either approving or disapproving the scheme 
within three months from the date of receipt of such scheme: 

Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be 

given to the person concerned. 

(4) Where a scheme is approved under sub-section (3), such approval shall be the permission under 

sub-section (1) to establish a new medical institution. 

(5) Where a scheme is disapproved under sub-section (3), or where no order is passed within three 
months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the 
Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in 
such manner as may be specified by regulations. 

(6) Where the  Commission  has disapproved  the  scheme  or  no  order has been  passed  within  fifteen 
days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second 
appeal to the Central Government within seven days of communication of such disapproval or, as the case 
may be, lapse of specified period of fifteen days. 

(7)  The  Medical  Assessment  and  Rating  Board  for  Indian  System  of  Medicine  may  conduct 
evaluation and assessment of any University or medical institution at any time, either directly or through 
any  other  expert,  having  integrity  and  experience  in  medical  profession,  without  any  prior  notice  and 
assess and evaluate the performance, standards and benchmarks of such University or medical institution. 

30. Criteria for approving or disapproving scheme.––While approving or disapproving a scheme 
under  section  29,  the  Medical  Assessment  and  Rating  Board  for  Indian  System  of  Medicine,  or  the 
Commission, as the case may be, shall take into consideration the following criteria, namely:— 

(a) adequacy of infrastructure and financial resources; 

(b)  whether  adequate  academic  faculty,  non-teaching  staff,  and  other  necessary  facilities  have 
been  provided  to  ensure  proper  functioning  of  medical  institution  or  would  be  provided  within  the 
time-limit specified in the scheme; 

16 

 
(c) whether adequate hospital facilities have been provided or would be provided within the time-

limit specified in the scheme; 

(d) such other factors as may be prescribed:  

Provided  that,  subject  to  the  previous  approval  of  the  Central  Government,  the  criteria  may  be 
relaxed  for  the  medical  institutions  which  are  set  up  in  such  areas  as  may  be  specified  by  the 
regulations. 

31. State Medical Council.––(1) The State Government shall, by notification, within three years of 
the commencement of this Act, establish a State Medical Council for Indian System of Medicine in that 
State if no such Council exists in that State. 

(2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in 
respect  of  any  professional  or  ethical  misconduct  by  a  registered  practitioner  of  Indian  System  of 
Medicine, the State Medical Council shall act in accordance with the regulations made, and the guidelines 
framed, under this Act: 

Provided that till such time as a State Medical Council for Indian System of Medicine is established 
in  a  State,  the  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  receive  the 
complaints  and  grievances  relating  to  any  professional  or  ethical  misconduct  against  a  registered 
practitioner  of  Indian  System  of  Medicine  in  that  State  in  accordance  with  such  procedure  as  may  be 
specified by regulations: 

Provided further that the Board of Ethics and Registration for Indian System of Medicine or, as the 
case may be, the State Medical Council shall give an opportunity of hearing to such practitioner before 
passing  any  order  or  taking  any  action,  including  imposition  of  any  monetary  penalty,  against  such 
person. 

(3) A practitioner of Indian System of Medicine who is aggrieved by the order  passed or the action 

taken by–– 

(a) the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics 
and Registration for Indian System of Medicine and the decision, if any, of the Board of Ethics and 
Registration  for  Indian  System  of  Medicine  thereupon  shall  be  binding  on  such  State  Medical 
Council, unless a second appeal is preferred under sub-section (4); 

(b) the Board of Ethics and Registration for Indian System of Medicine under the first proviso to 

sub-section (2) may prefer an appeal to the Commission. 

(4)  A  medical  practitioner  of  Indian  system  of  medicine  who  is  aggrieved  by  the  decision  of  the 
Board of Ethics and Registration for Indian System of Medicine, may prefer an appeal to the Commission 
within sixty days of communication of such decision. 

Explanation.—For the purposes of this Act,— 

(a) “State” includes Union territory and the expressions “State Government” and “State Medical 
Council for Indian System of Medicine”, in relation to a Union territory, shall respectively mean the 
“Central Government” and “Union Territory Medical Council for Indian System of Medicine”; 

(b)  the  expression  “professional  or  ethical  misconduct”  includes  any  act  of  commission  or 

omission, as may be specified by regulations. 

32. National Register and State Register of Indian System of Medicine.––(1) The Board of Ethics 
and Registration for Indian System of Medicine shall maintain a National Register containing the name, 
address, all recognised qualifications possessed by a licensed medical practitioner of the Indian System of 
Medicine and such other particulars as may be specified by regulations. 

17 

 
(2) The National Register shall be maintained in such form, including in electronic form and in such 

manner as may be specified by regulations. 

(3) The manner in which any name or qualification may be added to, or removed from, the National 

Register and the grounds for removal thereof, shall be such as may be specified by the regulations. 

(4) The  National  Register shall  be  made  available to  the  public  by  placing  it  on  the  website  of  the 

Board of Ethics and Registration for Indian System of Medicine. 

(5)  Every  State  Medical  Council  shall  maintain  and  regularly  update  the  State  Register  in  the 
specified electronic format and supply a physical copy of the same to the Board of Ethics and Registration 
for Indian System of Medicine within three months of the commencement of this Act. 

(6)  The  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine  shall  ensure  electronic 
synchronization of the National Register and the State Register in such a manner that any change in one 
such register is automatically reflected in the other register. 

33. Rights of persons to be enrolled in National Register and their obligations thereto.––(1) Any 
person who has a recognised qualification in Indian System of Medicine under this Act and qualifies the 
National Exit Test held under section 15 shall be granted a licence to practice Indian System of Medicine 
and  shall  have  his  name  and  qualifications  enrolled  first  in  the  State  Register  and  subsequently  in  the 
National Register maintained under this Act: 

Provided that a person who has been registered in the Central Register of Indian System of Medicine 
maintained under the Indian Medicine Central Council Act, 1970 (48 of 1970) prior to the coming into 
force of this Act and before the National Exit Test becomes operational under sub-section (3) of section 
15,  shall  be  deemed  to  have  been  registered  under  this  Act  and  be  enrolled  in  the  National  Register 
maintained under this Act. 

(2)  No  person  who  has  obtained  a  qualification  in  Indian  System  of  Medicine  from  a  medical 
institution established in any country outside India and is recognised as a medical practitioner of Indian 
System of Medicine in that country, shall, after the commencement of this Act and the National Exit Test 
for Indian System of Medicine becomes operational under sub-section (3) of section 15, be enrolled in the 
National  Register  for  Indian  System  of  Medicine,  unless  he  qualifies  the  National  Exit  Test  for  Indian 
System of Medicine. 

(3) When a person whose name is entered in the State Register or the National Register, as the case 
may  be,  obtains  any  title,  diploma  or  qualification  for  proficiency  in  sciences  or  medicine  which  is  a 
recognised qualification under section 35 or section 36, as the case may be, he shall be entitled to have 
such title, diploma or qualification entered against his name in the State Register or the National Register, 
in such manner as may be specified by regulations. 

34. Rights of persons to practice.–– (1) No person other than a person who is enrolled in the State 

Register or the National Register, as the case may be, shall— 

(a) be allowed to practice Indian System of Medicine as a qualified practitioner; 

(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, as the case may be; 

(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; 

(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 (1 of 1872) on any matter relating to Indian System of Medicine: 

Provided that the Commission shall submit a list of such practitioners to the Central Government 

in such manner as may be prescribed: 

18 

 
Provided further that a foreign citizen who is enrolled in his country as a practitioner of Indian 
System of Medicine in accordance with the law regulating the registration of such practitioners in that 
country may be permitted temporary registration in India for such period and in such manner as may 
be specified by regulations. 

(2)  Any  person  who  acts  in  contravention  of  the  provisions  of  this  section  shall  be  punished  with 
imprisonment  for  a  term  which  may  extend  to  one  year,  or  with  fine  which  may  extend  to  five  lakh 
rupees, or with both. 

(3) Nothing contained in this section shall affect–– 

(a) the right of a person enrolled in a State Register as practitioner of Indian System of Medicine 
to  practice  in  any  State  merely  on  the  ground  that  he  does  not  possess,  as  on  the  date  of 
commencement of this Act, a recognised medical qualification in the Indian System of Medicine; 

(b) the privileges, including the right to practice any system of medicine, conferred by or under 
any  law  for  the  time  being  in  force  in  a  State  on  the  practitioners  of  Indian  System  of  Medicine 
enrolled in the State register of that State; 

(c) the right of a person who has been practicing Indian System of Medicine for not less than five 
years in a  State,  to  continue  to  practice  in  that  State in  which a  State  Register of  Indian  System  of 
Medicine is not maintained as on the date of commencement of this Act. 

RECOGNITION OF QUALIFICATIONS OF INDIAN SYSTEM OF MEDICINE 

CHAPTER VI 

35.  Recognition  of  qualifications granted  by  Universities  or medical institutions in India.––(1) 
The  medical  qualifications  in  Indian  System  of  Medicine  at  undergraduate  or  postgraduate  or  
super-speciality  level  granted  by  any  University  or  medical  institution  in  India  shall  be  listed  and 
maintained by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, 
in such manner as may be specified by regulations and such medical qualification shall be a recognised 
medical qualification for the purposes of this Act. 

(2) Any University or medical institution in India which grants an undergraduate or postgraduate or 
super-speciality  qualification  in  Indian  System  of  Medicine  not  included  in  the  list  maintained  by  the 
Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, may apply to that 
Board for granting recognition to such qualification. 

(3) The Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, shall 
examine the application for grant of recognition to a qualification in Indian System of Medicine within a 
period of six months in such manner as may be specified by regulations. 

(4) Where the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, 
decides  to  grant  recognition  to  the  qualification  in  Indian  System  of  Medicine,  it  shall  include  such 
qualification  in  the  list  maintained  by  it  and  shall  also  specify  therein  the  date  of  effect  of  such 
recognition,  otherwise  it  shall  communicate  its  decision  not  to  grant  recognition  to  the  medical 
qualification to the concerned University or medical institution. 

(5)  The  aggrieved  University  or  the  medical  institution  may  prefer  an  appeal  to  the  Commission 
within a period of sixty days from the date of communication of the decision of the Board of Ayurveda or 
the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by 
regulations. 

(6) The Commission shall examine the appeal received under sub-section (5) within a period of two 
months and if it decides that recognition may be granted to such medical qualification, it may direct the 
concerned Board to include such qualification in the list maintained by that Board in such manner as may 
be specified by regulations. 

19 

 
(7) Where the Commission decides not to grant recognition under sub-section (6) or fails to decide 
within the specified period, the aggrieved University or medical institution may prefer a second appeal to 
the Central Government within a period of thirty days from the date of communication of such decision or 
lapse of specified period, as the case may be. 

(8) All medical qualifications which have been recognised before the date of commencement of this 
Act and are included in the Second Schedule and Third Schedule to the Indian Medicine Central Council 
Act,  1970 (48  of  1970),  shall also  be listed  and  maintained  by  the  Board of  Ayurveda  or the  Board  of 
Unani, Siddha and Sowa-Rigpa, as the case may be, in such manner as may be specified by regulations. 

36.  Recognition  of  medical  qualifications  granted  by  medical  institutions  outside  India.––(1) 
Where an authority in any country outside India which, by the law of that country is entrusted with the 
recognition of qualifications of Indian System of Medicine in that country,  makes an application to the 
Commission for granting recognition to such qualification in India, the Commission may, subject to such 
verification as it deems necessary, either grant or refuse to grant recognition to that medical qualification. 

(2) Where the Commission grants recognition to any medical qualification under sub-section (1), such 
qualification shall be a recognised qualification for the purposes of this Act and shall be included in the 
list maintained by the Commission in such manner as may be specified: 

Provided  that  in  case  the  Commission  decides  not  to  grant  recognition  to  any  qualification,  the 
Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant 
such recognition. 

(3)  Where  the  Commission  refuses  to  grant  recognition  to  a  medical  qualification  under  
sub-section  (2),  the  Authority  concerned  may  prefer  an  appeal  to  the  Central  Government  for  grant  of 
recognition. 

(4) All qualifications which have been recognised before the date of commencement of this Act and 
are included in the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970) shall 
also be recognised medical qualifications for the purposes of this Act and shall be listed and maintained 
by the Commission in such manner as may be specified by the regulations. 

37.  Withdrawal  of  recognition  or  de-recognition  of  qualification.––(1)  Where,  upon  a  report 
received from the Medical Assessment and Rating Board for Indian System of Medicine or otherwise, it 
appears to the Commission that— 

(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 Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the 
case may be; or 

(b)  the  standards  and  norms  for  infrastructure,  faculty  and  quality  of  education  in  medical 
institutions as determined by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, 
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): 

Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognition 
granted  to  the  medical  qualification  awarded  by  a  University  or  medical  institution,  impose  penalty  in 
accordance with the provisions of clause (f) of sub-section (1) of section 28. 

(2)  The  Commission  shall,  after  making  such  further  inquiry  as  it  deems  fit,  and  after  holding 
consultations  with  the  State  Government  and  the  authority  of  the  concerned  University  or  medical 
institution,  comes  to  the  conclusion  that  the  recognition  granted  to  a  medical  qualification  ought  to  be 

20 

 
withdrawn, it  may,  by  order,  withdraw  recognition  granted to  such  medical  qualification  and  direct the 
Board  of  Ayurveda  or  the Board  of  Unani,  Siddha  and  Sowa-Rigpa,  as  the  case  may  be,  to  amend  the 
entries against the University or medical institution concerned in the list maintained by that Board to the 
effect that the recognition granted to such qualification is withdrawn with effect from the date specified in 
that order. 

(3)  If  the  Commission,  after  verification  with  the  authority  in  any  country  outside  India,  is  of  the 
opinion  that  a  recognised  medical  qualification  which  is  included  in  the  list  maintained  by  it  is  to  be  
de-recognised,  it  may,  by  order,  de-recognise  such  medical  qualification  and  remove  it  from  the  list 
maintained by the Commission with effect from the date of such order. 

38. Special provision in certain cases for recognition of qualifications.––Where the Commission 
deems  it  necessary  so  to  do,  it  may,  by  notification,  direct  that  any  qualification  in  Indian  System  of 
Medicine  granted  by  a  medical  institution  outside  India,  after  such  date,  as  may  be  specified  in  that 
notification, shall be recognised qualification for the purposes of this Act: 

Provided  that  medical  practice  by  a  person  possessing  such  qualification  shall  be  permitted  only  if 
such  person  has  been  enrolled  as  a  medical  practitioner  in  accordance  with  the  law  regulating  the 
registration of medical practitioner for the time being in force in that country:  

Provided further  that  medical  practice  by  a  person  possessing  such  qualification  shall  be  limited to 

such period as may be specified in that order:  

Provided also that medical practice by a person possessing such qualification shall be permitted only 

if such person qualifies National Exit Test. 

CHAPTER VII 

GRANTS, AUDIT AND ACCOUNTS 

39. Grants by Central Government.––The Central Government may, after due appropriation made 
by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central 
Government may think fit. 

40. National Commission Fund for Indian System of Medicine.––(1) There shall be constituted a 
fund  to  be  called  “the  National  Commission  Fund  for  Indian  System  of  Medicine”  and  there  shall  be 
credited thereto— 

(a)  all  Government  grants,  fees,  penalties  and  charges  received  by  the  Commission  and  the 

Autonomous Boards; 

(b) all sums received by the Commission from such other source as may be decided by it. 

(2) The fund shall be applied for making payment towards–– 

(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; 

(b) the expenses incurred or to be 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. 

41.  Audit  and  accounts.––(1)  The  Commission  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts in such form as may be prescribed, in consultation 
with the Comptroller and Auditor-General of India. 

21 

 
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India 
at such intervals as may be specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Commission to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  persons  appointed  by  him  in 
connection with the audit of the accounts of the Commission shall have the same rights and privileges and 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of Government accounts and in particular, shall have the right to demand the 
production of, and complete access to, records, books, accounts, connected vouchers and other documents 
and papers and to inspect the office of the Commission. 

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or 
any  other  person  appointed  by  him  in  this  behalf,  together  with  the  audit  report  thereon,  shall  be 
forwarded annually by the Commission to the Central Government which shall cause the same to be laid, 
as soon as may be after it is received, before each House of Parliament. 

42.  Furnishing  of  returns  and  reports  to  Central  Government.––(1)  The  Commission  shall 
furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed 
or as the Central Government may direct, such reports and statements and such particulars in regard to 
any matter under the jurisdiction of the Commission, as the Central Government may, from time to time, 
require. 

(2)  The  Commission  shall  prepare,  once  every  year,  in  such  form  and  at  such  time  as  may  be 
prescribed, an annual report, giving a summary of its activities during the previous year and copies of the 
report shall be forwarded to the Central Government. 

(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as 

soon as may be after it is received, before each House of Parliament. 

CHAPTER VIII 

MISCELLANEOUS 

43. Power of Central Government to give directions to Commission and Autonomous Boards.–– 
(1)  Without  prejudice  to  the  foregoing  provisions  of  this  Act,  the  Commission  and  the  Autonomous 
Boards shall, in exercise of their powers and discharge of their functions under this Act be bound by such 
directions  on  questions  of policy  as  the  Central  Government  may  give  in  writing  to  them  from  time  to 
time: 

Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an 

opportunity to express their views before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

44.  Power  of  Central  Government  to  give  directions  to  State  Governments.––The  Central 
Government may give such directions, as it may deem necessary, to a State Government for carrying out 
all or any of the provisions of this Act and the State Government shall comply with such directions. 

45. Information to be furnished by Commission and publication thereof.––(1) The Commission 
shall  furnish  such  reports,  copies  of  its  minutes,  abstracts  of  its  accounts  and  other  information  to  the 
Central Government as that Government may require. 

(2) The  Central  Government  may  publish, in  such  manner as it  may  think  fit,  the  reports,  minutes, 

abstracts of accounts and other information furnished to it under sub-section (1). 

46. Obligation of Universities and medical institutions.––Every university and medical institutions 
covered under this Act shall maintain a website at all times and display in its website all such information 
as may be required by the Commission or an Autonomous Board, as the case may be. 

22 

 
47.  Completion  of  courses  of  studies  in  medical  institutions.––(1)  Notwithstanding  anything 
contained in this Act, any student who was studying for a degree or diploma in any medical institution 
immediately before the commencement of this Act shall continue to so study and complete his course for 
such degree or diploma, and such institution shall continue to provide instructions and hold examination 
for such student in accordance with the syllabus and studies as existed before such commencement, and 
such student shall be deemed to have completed his course of study under this Act and shall be awarded 
degree or diploma under this Act. 

(2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution 
has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, 
such medical institution shall continue to maintain and provide the minimum standards as approved by 
the Commission till such time as all the candidates are able to complete their study in that institution. 

48.  Chairperson,  Members,  officers  of  Commission  and  of  Autonomous  Boards  to  be  public 
servants.––The  Chairperson,  Members,  officers  and  other  employees  of  the  Commission  and  the 
President  and  Members  of  Autonomous  Boards  shall  be  deemed,  when  acting  or  purporting  to  act  in 
pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of 
the Indian Penal Code (45 of 1860). 

49. Protection of action taken in good faith.–– No suit, prosecution or other legal proceeding shall 
lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any 
Committee  thereof,  or  any  officer  or  other  employee  of  the  Government  or  of  the  Commission  acting 
under this Act for anything which is in good faith done or intended to be done under this Act or the rules 
or regulations made thereunder. 

50.  Cognizance  of  offences.––No  Court  shall  take  cognizance  of  an  offence  punishable  under  this 
Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or 
the Ethics and Registration Board or a State Medical Council for Indian System of Medicine, as the case 
may be. 

51.  Power  of  Central  Government  to  supersede  Commission.––(1)  If,  at  any  time,  the  Central 

Government is of opinion that–– 

(a) the Commission is unable to discharge the functions and duties imposed on it by or under the 

provisions of this Act; or 

(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:  

Provided that before issuing a notification under this sub-section, the Central Government shall give a 
reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall 
consider the explanations and objections, if any, of the Commission. 

(2) Upon the publication of a notification under sub-section (1) superseding the Commission,–– 

(a) all the Members shall, as from the date of supersession, vacate their offices as such; 

(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; 

(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. 

23 

 
(3)  On  the  expiration  of  the  period  of  supersession  specified  by  the  notification  issued  under  

sub-section (1), the Central Government may,— 

(a) extend the period of supersession for such further term not exceeding six months, as it may 

consider necessary; or 

(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: 

Provided  that  the  Central  Government  may,  at  any  time  before  the  expiration  of  the  period  of 
supersession,  whether  as  originally  specified  under  sub-section  (1)  or  as  extended  under  this  
sub-section, take action under clause (b) of this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any  action taken  under  this  section and the  circumstances  leading  to such  action  to  be laid  before both 
Houses of Parliament at the earliest opportunity. 

52. Joint sittings of Commission, National Commission for Homoeopathy and National Medical 
Commission.––(1)  There  shall  be  a  joint  sitting  of  the  Commission,  the  National  Commission  for 
Homoeopathy, and the National Medical Commission, at least once a year, at such time and place as they 
mutually  appoint,  to  enhance  the  interface  between  Indian  System  of  Medicine,  Homoeopathy  and 
modern system of medicine. 

(2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of the 

Commissions concerned. 

(3)  The  joint  sitting  may,  by  an  affirmative  vote  of  all  members  present  and  voting,  decide  on 
approving  specific  educational  and  medical  modules  or  programme  that  could  be  introduced  in  the  
under-graduate and post-graduate courses across medical systems, and promote medical pluralism. 

53. State Government to promote public health.––Every State Government may, for the purposes 
of  addressing  or  promoting  public  health,  take  necessary  measures  to  enhance  the  capacity  of  the 
healthcare professionals. 

54. Power to make rules.––(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any 

of the following matters, namely:–– 

(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  Advisory  Council  under  clause  (b)  of  
sub-section (4) of section 4; 

(b) the manner of appointing members under clause (c) of sub-section (4) of section 4; 

(c)  the  manner  of  nominating  one  expert  by  the  Central  Government  under  clause  (d)  of  

sub-section (1) of section 5; 

(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; 

(e) the form and the manner of making declaration under sub-section (6) of section 6; 

(f)  the  qualifications  and  experience  to  be  possessed  by  Secretary  under  sub-section  (2)  of 

 section 8; 

(g)  the  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  the  Secretary, 

officers and other employees of the Commission under sub-section (6) of section 8; 

24 

 
(h)  the  other  powers  to  be  exercised  and  other  functions  to  be  performed  by  the  Commission 

under clause (j) of sub-section (1) of section 10; 

(i)  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) of section 21; 

(j) the other factors under clause (d) of section 30. 

(k)  the  manner  of  submitting  a  list  of  practitioners  under  the  first  proviso  to  sub-section  (1)  of 

section 34; 

(l) the form for preparing annual statement of accounts under sub-section (1) of section 41; 

(m) 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 42; 

(n) the form and the time for preparing annual report under sub-section (2) of section 42; 

(o) the compensation for the premature termination of employment under the second proviso to 

sub-section (3) of section 58; 

(p) any other matter in respect of which provision is to be made by rules. 

55.  Power  to  make  regulations.––(1)  The  Commission  may,  by  notification,  make  regulations 

consistent with this Act and the rules made thereunder to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the functions to be discharged by the Secretary of the Commission  under sub-section (4) of 

section 8; 

(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; 

(c)  the  procedure  to  be  followed  at  the  meetings  of  Commission,  including  the  quorum  at  its 

meetings under sub-section (3) of section 9; 

(d) the quality and standards to be maintained in education of Indian System of Medicine under 

clause (a) of sub-section (1) of section 10; 

(e) the  manner  of regulating  medical  institutions,  medical  researches  and  medical  professionals 

under clause (b) of sub-section (1) of section 10; 

(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; 

(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; 

(h)  the  other  languages  in  which,  the  designated  authority  through  which,  and  the  manner  in 
which the National Eligibility-cum-Entrance Test shall be conducted under sub-section (2) of section 
14; 

(i)  the  manner  of  conducting  common  counselling  by  the  designated  authority for  admission to 

medical institutions under sub-section (3) of section 14; 

(j) the manner of admission of students to undergraduate courses under sub-section (4) of section 

14; 

25 

 
(k)  the  other  languages  in  which,  the  designated  authority  through  which,  and  the  manner  in 

which, the National Exit Test shall be conducted under sub-section (2) of section 15; 

(l) the manner in which a person with foreign medical qualification shall qualify National Exist 

Test under sub-section (4) of section 15; 

(m)  the  other  languages  in  which,  the  designated  authority  through  which,  and  the  manner  in 

which admission to postgraduate courses shall be conducted under sub-section (2) of section 16; 

(n) the manner of conducting common counselling by the designated authority for admission to 

the postgraduate seats in all medical institutions under sub-section (3) of section 16; 

(o)  the  manner  of  conducting  the  National  Teachers’  Eligibility  Test  for  Indian  System  of 
Medicine and the designated authority through whom such test shall be conducted under sub-section 
(2) of section 17; 

(p) the number of, and the manner in which, experts, professionals, officers and other employees 

shall be made available by the Commission to the Autonomous Boards under section 23; 

(q) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) 

of section 24; 

(r) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of 

section 26; 

(s)  the  manner  of  imparting  undergraduate,  postgraduate  and  super-speciality  courses  in 

Ayurveda, Unani, Siddha and Sowa-Rigpa under clause (c) of sub-section (1) of section 26; 

(t) the minimum requirements and standards for conducting courses and examinations in medical 

institutions under clause (d) of sub-section (1) of section 26; 

(u)  the  standards  and  norms  for  infrastructure,  faculty  and  quality  of  education  and  research  in 

medical institutions of Indian System of Medicine under clause (e) of sub-section (1) of section 26; 

(v) the manner of regulating professional conduct and promoting medical ethics under clause (b) 

of sub-section (1) of section 27; 

(w)  the  procedure  for  assessment  and  rating  of  the  medical  institutions  under  clause  (a)  of  

sub-section (1) of section 28; 

(x) the manner of carrying out inspections of medical institutions for assessing and rating under 

clause (c) of sub-section (1) of section 28; 

(y)  the  manner  of  conducting,  and  the  manner  of  empanelling  independent  rating  agencies  to 

conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28; 

(z) 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 28; 

(za) the measures to be taken against a medical institution for failure to maintain the minimum 

essential standards under clause (f) of sub-section (1) of section 28; 

(zb)  the  form  of  scheme,  the  particulars  thereof,  the  fee  to  be  accompanied  and  the  manner  of 

submitting scheme for establishing new medical college under sub-section (2) of section 29; 

(zc)  the  manner  of  preferring  an  appeal  to  the  Commission  for  approval  of  the  scheme  under  

sub-section (5) of section 29; 

(zd) the areas in respect of which criteria may be relaxed under the proviso to section 30; 

26 

 
(ze)  the  manner  of  taking  disciplinary  action  by  a  State  Medical  Council  for  professional  or 
ethical misconduct of registered medical practitioner and the procedure for receiving complaints and 
grievances  by  the  Board  of  Ethics  and  Registration  for  Indian  System  of  Medicine,  under  
sub-section (2) of section 31; 

(zf) the act of commission or omission which amounts to professional or ethical misconduct under 

clause (b) of the Explanation to section 31; 

(zg) other particulars to be contained in a National Register under sub-section (1) of section 32; 

(zh) the form, including the electronic form and the manner of maintaining the National Register 

under sub-section (2) of section 32; 

(zi)  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 32; 

(zj) the manner of entering the title, diploma or qualification in the State Register or the National 

Register under sub-section (3) of section 33; 

(zk) the manner in which, and the period for which temporary registration may be permitted to a 

foreign citizen under the second proviso to sub-section (1) of section 34; 

(zl)  the  manner  of  listing  and  maintaining  medical  qualifications  granted  by  a  University  or 

medical institution in India under sub-section (1) of section 35; 

(zm)  the  manner  of  examining  the  application  for  grant  of  recognition  under  sub-section  (3)  of 

section 35; 

(zn)  the  manner  of  preferring  an  appeal  to  the  Commission  for  grant  of  recognition  under  

sub-section (5) of section 35; 

(zo)  the  manner  of  including  a  medical  qualification  in  the  list  maintained  by  the  Board  under 

sub-section (6) of section 35; 

(zp) the manner in which the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa 
shall list and maintain the medical qualifications which have been granted recognition before the date 
of commencement of this Act, under sub-section (8) of section 35; 

(zq) the manner in which the Commission shall list and maintain the medical qualifications which 
have been granted recognition before the date of commencement of this Act, under sub-section (4) of 
section 36. 

56.  Rules  and  regulations  to  be  laid  before  Parliament.––Every  rule  and  every  regulation  made 
under this Act 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 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 rule or regulation or 
both Houses agree that the rule or regulation should not be made, the rule or 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 rule or regulation. 

57. Power to remove  difficulties.––(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not  inconsistent  with the  provisions  of this  Act  as  may  appear  to it  be  necessary,  for  the  removing  the 
difficulty: 

Provided that no order shall be made under this section after the expiry of a period of two years from 

the commencement of this Act. 

27 

 
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

house of Parliament. 

58.  Repeal  and  saving.––(1)  With  effect  from  such  date  as  the  Central  Government  may,  by 
notification,  appoint  in  this  behalf,  the  Indian  Medicine  Central  Council  Act,  1970  (48  of  1970)  shall 
stand  repealed  and  the  Central  Council  of  Indian  Medicine  constituted  under  section  3  of  the  said  Act 
shall stand dissolved. 

(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,–– 

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; 

(b)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  the  Act  so 

repealed;  

(c) any penalty incurred in respect of any contravention under the Act so repealed; or 

(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. 

(3)  On  the  dissolution  of  the  Central  Council  of  Indian  Medicine,  the  person  appointed  as  the 
Chairman  of  that  Council  and  every  other  person  appointed  as  the  Member  and  any  officer  and  other 
employees  of  the  Council  and  holding  office  as  such  immediately  before  such  dissolution  shall  vacate 
their respective offices and such Chairman and other Members shall be entitled to claim compensation not 
exceeding three months’ pay and allowances for the premature termination of term of their office or of 
any contract of service: 

Provided that any officer or other employee who has been, immediately before the dissolution of the 
Central  Council  of  Indian  Medicine  appointed  on  deputation  basis  to  the  Central  Council  of  Indian 
Medicine, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the 
case may be: 

Provided further that any officer, expert, professional or other employee who has been, immediately 
before  the  dissolution  of  the  Central  Council  of  Indian  Medicine  employed  on  regular  basis  or  on 
contractual basis by the Council, shall cease to be such officer, expert, professional or other employees of 
the  Central  Council  and  shall  be  entitled  to  such  compensation  for  the  premature  termination  of  his 
employment, which shall not be less than three months’ pay and allowances, as may be prescribed. 

(4)  Notwithstanding  the  repeal  of  the  aforesaid  enactment,  any  order  made,  any  licence  to  practice 
issued, any registration made, any permission to start new medical institution or to start higher course of 
studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, 
under the Indian Medicine Central Council Act, 1970 (48 of 1970) which are in force as on the date of 
commencement of this Act shall continue to be in force till the date of their expiry for all purposes, as if 
they  had  been  issued  or  granted  under  the  provisions  of  this  Act  or  the  rules  or  regulations  made 
thereunder. 

1[(5)  Notwithstanding  the  expiration  of  the  period  for  reconstitution  of  the  Central  Council  under 
section  3A  of  the  Indian  Medicine  Central  Council  Act,  1970  (48  of  1970),  as  inserted  by  the  Indian 
Medicine Central Council (Amendment) Act, 2020 (25 of 2020), all acts done by the Board of Governors 
constituted under sub-section (4) of that section and all the powers and functions of the Central Council 
exercised  and  performed  by  it  under  the  repealed  Act,  as  amended  by  the  Indian  Medicine  Central 
Council (Amendment) Ordinance, 2021 (Ord. 5 of 2021), immediately before the commencement of this 
Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue in 
force accordingly unless and until superseded by anything done or by any action taken under this Act.] 

1. Ins. by Act 38 of 2021, s. 2 (w.e.f. 18-8-2021). 

28 

 
                                                           
59.  Transitory  provisions.––(1)  The  Commission  shall  be  the  successor  in  interest  to  the  Central 
Council of Indian Medicine including its subsidiaries or owned trusts and all the assets and liabilities of 
the Central Council of Indian Medicine shall be deemed to have been transferred to the Commission. 

(2) Notwithstanding the repeal of the Indian Medicine Central Council Act, 1970  (48 of 1970), the 
Medical standards, requirements and other provisions of the Indian Medicine Central Council Act, 1970 
and the rules and regulations made thereunder shall continue to be in force and operate till new standards 
or requirements are specified under this Act or the rules and regulations made thereunder: 

Provided that anything done or any action taken as regards the medical standards and requirements 
under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have 
been done or taken under the corresponding provision of this Act and shall continue in force accordingly 
unless and until superseded by anything or by any action taken under this Act. 

(3)  The  Central  Government  may  take  such  appropriate  measure  as  may  be  necessary  for  smooth 
transition of the dissolved Central Council of Indian Medicine to the corresponding to new Commission 
under this Act. 

----------------------- 

29 

 
