(1) The Commission shall be the successor in interest to the Medical Council of India including its subsidiaries or owned trusts and all the assets and liabilities of the Medical Council of India shall be deemed to have been transferred to the Commission.
(2) Notwithstanding the repeal of the Indian Medical Council Act, 1956 (102 of 1956), the educational standards, requirements and other provisions of the Indian Medical Council Act, 1956 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 educational 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done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.
THE SCHEDULE [See section 37] LIST OF CATEGORIES OF MEDICAL QUALIFICATIONS GRANTED BY STATUTORY BODY OR OTHER BODY IN INDIA Sl. No. Categories of medical qualifications 1. All medical qualifications granted by the Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry. 2. All medical qualifications granted by All India Institutes of Medical Sciences. 3. All medical qualifications granted by the Postgraduate Institute of Medical Education and Research, Chandigarh. 4. All medical qualifications granted by the National Institute of Mental Health and Neuro-Sciences, Bangalore. 5. All medical qualifications granted by the National Board of Examination.
STATEMENT OF OBJECTS AND REASONS Medical education is at the core of the access to quality healthcare in any country. A flexible and well-functioning legislative framework underlying medical education is essential for the well-being of a nation. The Indian Medical Council Act, 1956 which was enacted to provide a solid foundation for the growth of medical education in the early decades, has not kept pace with time. Various bottlenecks have crept into the system with serious detrimental effects on medical education and, by implication, on delivery of quality health services. 2. The Department-Related Parliamentary Standing Committee on Health and Family Welfare in its Ninety-second Report has offered a critical assessment of medical education in India. The Standing Committee has recommended for a decisive and exemplary action to restructure and revamp the regulatory system of medical education and medical practice and to reform the Medical Council of India in accordance with the regulatory structure suggested by the Group of Experts, chaired by Dr. Ranjit Roy Choudhary, which was constituted by the Central Government. The Standing Committee endorsed separation of functions by forming four autonomous boards and recommended appointment of regulators through selection rather than election and to bring a new comprehensive Bill in Parliament for this purpose, as the existing provisions of Indian Medical Council Act, 1956 are outdated.
3. The Hon’ble Supreme Court in its judgement dated 2nd May, 2016 in the Civil Appeal No. 4060 of 2009 titled Modern Dental College and Research Centre and Others versus State of Madhya Pradesh and Others has directed the Central Government to consider and take appropriate action on the recommendations of the Roy Choudhary Committee. Keeping in view of these recommendations, the National Medical Commission Bill, 2017 was introduced in the Lok Sabha on 29th December, 2017 and subsequently referred to the Department related Parliamentary Standing Committee for examination and report. The Standing Committee presented its 109th report on the said Bill. Based on the recommendations of the Department related Parliamentary Standing Committee, the Government had brought in necessary official amendments on 28th March, 2018 to the Bill pending in Lok Sabha. However, the Bill could not be taken up for consideration and passing during any of the subsequent sessions of the Parliament and has lapsed on dissolution of the 16th Lok Sabha. 4. Accordingly, it is proposed to introduce the National Medical Commission Bill, 2019 which, inter alia, seeks to provide for—
(a) constitution of a National Medical Commission for development and regulation of all aspects relating to medical education, medical profession and medical institutions and a Medical Advisory Council to advise and make recommendations to the Commission;
(b) constitution of four Autonomous Boards, namely:—
(i) the Under-Graduate Medical Education Board to regulate medical education at undergraduate level and to determine standards thereof;
(ii) the Post-Graduate Medical Education Board to regulate medical education at postgraduate level and to determine standards thereof;
(iii) the Medical Assessment and Rating Board to carry out inspections and to assess and rate the medical institutions; and
(iv) the Ethics and Medical Registration Board to regulate professional conduct and promote medical ethics amongst medical practitioners and medical professionals and to maintain a national register of all licensed medical practitioners and a separate national register of Community Health Providers;
(c) holding of a uniform National Eligibility-cum-Entrance Test for admission to undergraduate and postgraduate super-speciality medical education;
(d) holding of a uniform National Exit Test for granting licence to practice medicine as medical practitioners and for enrolment in the State Register or the National Register and it shall also be the basis for admission to the postgraduate broad-speciality courses;
(e) permission for establishment of new medical college, for starting postgraduate courses and to increase number of seats to be obtained by medical institutions;
(f) recognition of medical qualifications granted by universities and medical institutions in India and outside India and also for recognition of medical qualifications granted by statutory and other bodies in India as listed in the Schedule;
(g) maintenance of a National Register containing the name, address, recognised qualifications possessed by a licensed medical practitioner;
(h) grant of limited licence to practice medicine at mid-level to persons connected with modern scientific medical profession to be called Community Health Providers;
(i) Constitution of a National Medical Commission Fund for crediting Government grants, fees, penalties and charges;
(j) the repeal of the Indian Medical Council Act, 1956 and for dissolution of the Medical Council of India by providing that on such dissolution,—
(i) the chairman and other members of the said Council shall be deemed to have vacated their respective offices and shall be entitled to compensation not exceeding three months’ pay and allowances;
(ii) the officers and employees appointed on deputation shall stand reverted to their parent cadre;
(iii) the officers and other employees employed on regular or contractual basis by the said Council shall cease to be the officers and employees of said Council and shall be entitled to such compensation not less than three months' pay and allowances for the premature termination of employment as may be provided by rules. 5. The Bill seeks to achieve the above objectives.
harsh vardhan.
NEW DELHI; The 18th July, 2019.