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INDIAN MEDICINE CENTRAL COUNCIL ACT

Ministry of Law and Justice

Act nº 48 of 1970


  • Chapter I
  • Chapter II
  • Chapter IIA. Permission for New Medical College, Course, Etc.
  • Chapter III
  • Chapter IV
  • Chapter V
  • Schedules
  • Amending Acts
  • Act nº 48 of 1970

Preamble

THE INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970

[Act, No. 48 of 1970]

[21st December, 1970]

PREAMBLE

An Act to provide for the constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine and for matters connected therewith.

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

Chapter I

Section 1. Short title, extent and commencement

(1) This Act may be called the Indian Medicine Central Council Act, 1970.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date1as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State, and different dates1may be appointed for different States and for different provisions of this Act.

1. Sections 2, 13, 32 to 36 (both inclusive) came into force in the whole of India on 15-8-1971; Sections 3, 5 to 12 (both inclusive) and 14 to 16 (ibid) came into force in all the States except the State of Nagaland and the U.T. of Delhi on 15-8-1971, Sections 18 to 22 came into force on 1-10-1974, Sections 17, 23 to 31 came into force on 1-10-1976-- (S.O.626(E) Pt. 10-9-1976.


Section 2. Definitions

(1) In this Act, unless the context otherwise requires,--

(a) "approved institution" means a teaching institution, health centre or hospital recognised by a University or Board as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him;

(b) "Board" means a Board, Council, Examining Body or Faculty of Indian Medicine (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of, Indian medicine;

(c) "Central Council" means the Central Council of Indian Medicine constituted under section 3;

(d) "Central Register of Indian Medicine" means the register maintained by the Central Council under this Act;

(e) "Indian medicine" means the system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time;

1 [(ea) "medical college" means a college of Indian medicine, whether known as such or by any other name, in which a person may undergo a course of study or training including any post-graduate course of study or training which will qualify him for the award of a recognised medical qualification;]

(f) "medical institution" means any institution within or without India which grants degrees, diplomas or licences in Indian medicine;

(g) "prescribed" means prescribed by regulations;

(h) "recognised medical qualification" means any of the medical qualifications, including post-graduate medical qualification, of Indian medicine included in the Second, Third or Fourth Schedule;

(i) "regulation" means a regulation made under section 36;

(j) "State Register of Indian Medicine" means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Indian medicine;

(k) "University" means any University in India established by law and having a Faculty of Indian Medicine and includes a University in India established by law in which instruction, teaching, training or research in Indian medicine is provided.

(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

1. Inserted by Indian Medicine Central Council (Amendment) Act, 2003 (58 of 2003) w.e.f. 07.11.2003.


Chapter II

Section 3. Constitution of Central Council

(1) The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely :--

(a) such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani systems of medicine from each State in which a State Register of Indian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha or Unani, as the case may be;

(b) one member for each of the Ayurveda, Siddha and Unani Systems of medicine from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of the respective system of medicine of that University;

(c) such number of members, not exceeding thirty per cent, of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Indian medicine;

Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit; and reference to elected members in this Act shall be construed as including references to members so nominated.

(2) The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed.

(3) There shall be a Vice-President for each of Ayurveda, Siddha and Unani systems of medicine who shall be elected from amongst themselves by members representing that system of medicine, 'elected under clause (a) or clause (b) of sub-section (1) or nominated under clause (c) of that sub-section.

Section 4. Mode of election

(1) An election under clause (a) or clause (b) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf.

(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Government whose decision shall be final.

Section 5. Restriction on elections and membership

(1) No person shall be eligible for election to the Central Council unless he possesses any of the medical qualifications included in the Second, Third or Fourth Schedule, is enrolled on any State Register of Indian Medicine and resides in the State concerned.

(2) No person may at the same time serve as a member in more than one capacity.

Section 6. Incorporation of Central Council

The Central Council shall be a body corporate by the name of the Central Council of Indian Medicine having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sued.

Section 7. Term of office of President, Vice-President and members of Central Council

(1) The President, a Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer.

(2) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the Central Council or, in the case of a member elected under clause (a) of sub-section (1) of section 3, if he ceases to be enrolled on the concerned State Register of Indian Medicine, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by whatever name called) of Indian Medicine of the University concerned,

(3) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.

(4) Members of the Central Council shall be eligible for re-election or renomination.

(5) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.

Section 8. Meetings of Central Council

(1) The Central council shall meet at least once in each year at such time and place as may be appointed by the Central Council.

(2) Unless otherwise prescribed, one-third of the total number of members of the Central Council shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members present and voting:

Provided that no decision of the Central Council in relation to any Indian medicine shall be effective unless three members representing Ayurveda, Siddha or Unani system of medicine, as the case may be, are present at the meeting and support the decision.

Section 9. Committees for Ayurveda, Siddha and Unani

(1) The Central Council shall constitute from amongst its members,--

(a) a committee for Ayurveda;

(b) a committee for Siddha; and

(c) a committee for Unani,

and each such committee shall consist of members elected under clause (a) or clause (b) or nominated under clause (c) of sub-section (I) of section 3 representing the Ayurveda, Siddha or Unani system of medicine, as the case may be.

(2) The Vice-President for each of the Ayurveda, Siddha and Unani systems of medicine elected under sub-section (3) of section 3 shall be, respectively, the Chairman of the Committees referred to in clauses (a), (b) and (c) of sub-section (1).

(3) Subject to such general or special directions as the Central Council may from time to time give, each such committee shall be competent to deal with any matter relating to Ayurveda, Siddha or Unani system of medicine, as the case may be, within the competence of the Central Council.

Section 10. Other committees

The Central Council may constitute from amongst its members such other committees for general or special purposes as the Central Council deems necessary to carry out the purposes of this Act.

Section 11. Meetings of committees

(1) The committees constituted under sections 9 and 10 shall meet at least once in each year at such time and place as may be appointed by the Central Council.

(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form a quorum, and all the acts of the committee shall be decided by a majority of the members present and voting.

Section 12. Officers and other employees of Central Council

The Central Council shall--

(a) appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer;

(b) employ such other persons as it deems necessary to carry out the purposes of this Act;

(c) require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Central Council deems necessary; and

(d) with the previous sanction of the Central Government fix the remuneration and allowances to be paid to the President; Vice-President and members of the Central Council and to the members of the Committees thereof and determine the conditions of service of the employees of the Central Council.