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14.
Recognition
of medical qualifications granted by certain medical
institutions in India
(1) The medical qualifications granted by any University, Board or other
medical institutions in India which are included
in the Second Schedule shall be recognised medical
qualifications for the purposes of this Act.
(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 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 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 physician or any other office (by whatever
designation called) in Government or in any institution
maintained by a local or other authority;
(b)
shall practice Indian medicine in any State;
(c)
shall 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)
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;
(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 practising 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 examination
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
staff, equipment, 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
(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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