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.
20
(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
21
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.