Bare Acts

CHAPTER III RECOGNITIONOF MEDICAL QUALIFICATIONS


14. Recognition of medical qualifications granted by certain medical institutions in India.—(1)
The medical qualifications granted by any University, Board, or other medical institution in India which
are included in the Second Schedule shall be recognised medical qualifications or the purposes of this
Act.
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(2) Any University, Board or other medical institution in India which grants a medical qualification
not included in the Second Schedule may apply to the Central Government to have any such qualification
recognised, and the Central Government, after consulting the Central Council, may, by notification in the
Official Gazette, amend the Second Schedule so as to include such qualification therein, and any such
notification may also direct that an entry shall be made in the last column of the Second Schedule against
such medical qualification declaring that it shall be a recognised medical qualification only when granted
after a specified date.
15. Recognition of medical qualifications granted by certain medical institutions whose
qualifications are not included in Second Schedule.—The medical qualifications included in the Third
Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in
any area which was comprised before that date within India as defined in the Government of India Act,
1935, shall also be recognised medical qualifications for the purposes of this Act.
16. Recognition of medical qualifications granted by medical institutions in countries with
which there is a scheme of reciprocity.—(1) The medical qualifications granted by medical institutions
outside India which are included in the Fourth Schedule shall be recognised medical qualifications for the
purposes of this Act.
(2) The Central Council may enter into negotiations with the authority in any State or country outside
India, which by the law of such State or country is entrusted with the maintenance of a Register of
practitioners of Indian medicine, for the settling of a scheme of reciprocity for the recognition of medical
qualifications in Indian medicine, and in pursuance of any such scheme, the Central Government may, by
notification in the Official Gazette, amend the Fourth Schedule so as to include therein any medical
qualification which the Central Council has decided should be recognised and any such notification may
also direct that an entry shall be made in the last column of the Fourth Schedule against such medical
qualification declaring that it shall be recognised medical qualification only when granted after a specified
date.
17. Rights of persons possessing qualifications included in Second, Third and Fourth Schedules
to be enrolled.—(1) Subject to the other provisions contained in this Act, any medical qualification
included in the Second, Third or Fourth Schedule shall be sufficient qualification for enrolment on any
State Register of Indian Medicine.
(2) Save as provided in section 28, no person other than a practitioner of Indian medicine who
possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of
Indian Medicine,—
(a) shall hold office as Vaid, Siddha, Hakim or 1
[physician or] any other office (by whatever
designation called) in Government or in any institution maintained by a local or other authority;
(b) shall practise Indian medicine in any State;
(c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate
required by a law to be signed or authenticated by a duly qualified medical practitioner;
(d) shall be entitled to give evidence at any inquest or in any court of law as an expert under
section 45 of the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to Indian medicine.
(3) Nothing contained in sub-section (2) shall affect,—
(a) the right of a practitioner of Indian medicine enrolled on a State Register of Indian Medicine
to practise Indian medicine in any State merely on the ground that, on the commencement of this Act,
he does not possess a recognised medical qualification;
(b) the privileges (including the right to practise any system of medicine) conferred by or under
any law relating to registration of practitioners of Indian medicine for the time being in force in any
State on a practitioner of Indian medicine enrolled on a State Register of Indian Medicine;

1. The words in brackets shall stand substituted (date to be notified) by Act 43 of 2010, s. 6, to read as “physician or Amchi”.
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(c) the right of a person to practise Indian medicine in a State in which, on the commencement of
this Act, a State Register of Indian Medicine is not maintained if, on such commencement, he has
been practicing Indian medicine for not less than five years;
(d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of
1956)[including the right to practise medicine as defined in clause (f) of section 2 of the said Act], on
persons possessing any qualifications included in the Schedules to the said Act.
(4) Any person who acts in contravention of any provision of sub-section (2) shall be punished with
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand
rupees, or with both.
18. Power to require information as to courses of study and examinations.—Every University,
Board or medical institution in India which grants a recognised medical qualification shall furnish such
information as the Central Council may, from time to time, require as to the courses of study and
examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of
study and examinations are required to be undergone and such qualification is conferred and generally as
to the requisites for obtaining such qualification.
19. Inspectors at examinations.—(1) The Central Council shall appoint such number of medical
inspectors as it may deem requisite to inspect any medical college, hospital or other institution where
education in Indian medicine is given, or to attend any examination held by any University, Board or
medical institution for the purpose of recommending to the Central Government recognition of medical
qualifications granted by that University, Board or medical institution.
(2) The medical inspectors shall not interfere with the conduct of any training or examination, but
shall report to the Central Council on the adequacy of the standards of education including
staffequipment, accommodation, training and other facilities prescribed for giving education in Indian
medicine or on the sufficiency of every examination which they attend.
(3) The Central Council shall forward a copy of any such report to the University, Board or medical
institution concerned, and shall also forward a copy with the remarks of the University, Board or medical
institution thereon, to the Central Government.
20. Visitors at examinations.—(1) The Central Council may appoint such number of visitors as it
may deem requisite to inspect any medical college, hospital or other institution where education in Indian
medicine is given or to attend any examination for the purpose of granting recognised medical
qualifications.
(2) Any person, whether he is a member of the Central Council or not, may be appointed as a visitor
under this section but a person who is appointed as an inspector under section 19 for any inspection or
examination shall not be appointed as a visitor for the same inspection or examination.
(3) The visitors shall not interfere with The conduct of any training or examination, but shall report to
the President of the Central Council on the adequacy of the standards of education including staff,
equipment, accommodation, training and other facilities prescribed for giving education in Indian
medicine or on the sufficiency of every examination which they attend.
(4) The report of a visitor shall be treated as confidential unless in any particular case the President of
the Central Council otherwise directs:
Provided that if the Central Government requires a copy of the report of a visitor, the Central Council
shall furnish the same.
21. Withdrawal of recognition.—(1) When upon report by the inspector or the visitor, it appears to
the Central Council—
(a) that the courses of study and examination to be undergone in, or the proficiency required from
candidates at any examination held by, any University, Board or medical institution, or
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(b) that the staff, equipment, accommodation, training and other facilities for instruction and
training provided in such University, Board or medical institution or in any college or other institution
affiliated to the University,
do not conform to the standard prescribed by the Central Council, the Central Council shall make a
representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the Government of
the State in which the University, Board or medical institution is situated and the State Government shall
forward it along with such remarks as it may choose to make to the University, Board or medical
institution, with an intimation of the period within which the University, Board or medical institution may
submit its explanation to the State Government.
(3) On the receipt of the explanation or, where no explanation is submitted within the period fixed,
then, on the expiry of that period, the State Government shall make its recommendations to the Central
Government.
(4) The Central Government, after making such further inquiry, if any, as it may think fit, may, by
notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against
the said medical qualification declaring that it shall be a recognised medical qualification only when
granted before a specified date, or that the said medical qualification if granted to students of a specified
college or institution affiliated to any University shall be recognised medical qualification only when
granted before a specified date or, as the case may be, that the said medical qualification shall be
recognised medical qualification in relation to a specified college or institution affiliated to any University
only when granted after a specified date.
22. Minimum standards of education in Indian medicine.—(1) The Central Council may prescribe
the minimum standards of education in Indian medicine, required for granting recognised medical
qualifications by Universities, Boards or medical institutions in India.
(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the
Central Council to all State Governments and the Central Council shall, before submitting the regulations
or any amendment thereof, as the case may be, to the Central Government for sanction, take into
consideration the comments of any State Government received within three months from the furnishing of
the copies as aforesaid.
(3) Each of the Committees referred to in clauses (a), (b) and (c) of sub-section (1) of section 9 shall,
from time to time, report to the Central Council on the efficacy of the regulations and may recommend to
the Central Council such amendments thereof as it may think fit.

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