THE INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970
32. Information to be furnished by Central Council and publication thereof
(1) The Central Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.
(2) The Central Government may publish in such manner, as it may think fit, any report, copy, abstract or other information furnished to it under this section or under section 20.
33. Commission of inquiry
(1) Whenever it is made to appear to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a commission of inquiry consisting of three persons, two of whom shall be appointed by the Central Government, one being a Judge of a High Court, and one by the Central Council, and such commission shall proceed to inquire in a summary manner and to report to the Central Government as to the truth of the matters charged in the complaint, and in case of any charge of default or of improper action being found by the commission to have been established, the commission shall recommend the remedies, if any, which are in its opinion necessary.
(2) The Central Government may require the Central Council to adopt the remedies so recommended within such time as, having regard to the report of the commission, it may think fit, and if the Central Council fails to comply with any such requirement, the Central Government may amend the regulations of the Central Council, or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the commission.
(3) A commission of inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the purpose of any inquiry conducted by it as are exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908).
34. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government, the Central Council or a Board or any committee thereof or any officer or servant of the Government or the Central Council or the Board aforesaid for anything which is in good faith done or intended to be done under this Act.
35. Power to make rules
(1) The Central Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
36. Power to make regulations
2[(1) The Central Council, may, with the previous sanction of the Central Government, 2[by notification in the Official Gazette,] make regulations generally to carry out the purposes of this Act, and, without prejudice to the generally of this power, such regulations may provide for-
(a) the manner of election of the President and the Vice-Presidents of the Central Council;
(b) the management of the property of the Central Council and the maintenance and audit of its accounts;
(c) the resignation of members of the Central Council;
(d) the powers and duties of the President and Vice-President;
(e) the summoning and holding of meetings of the Central Council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business thereat and the number of members necessary to constitute a quorum;
(f) the functions of the committees constituted under section 9 or section 10;
(g) the tenure of office, and the powers and duties of the Registrar and other officers and servants of the Central Council;
"(ga) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fees payable with the scheme under sub-section (3) of section 13A;
(gb) any other factor under clause (g) of sub-section (8) of section 13A;".
(h) the appointment, powers, duties and procedure of inspectors and visitors;
(i) the courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any University, Board or Medical Institutions for grant of recognised medical qualifications;
(j) the standards of staff, equipment, accomodation, training and other facilities for education in Indian Medicine;
(k) the conduct of professional examinations, qualifications of examiners and the conditions of admissions to such examinations;
(l) the standards of professional conduct and etiquette and code of ethics to be observed by practitioners of Indian Medicine;
(m) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this Act;
(n) the manner in which and the conditions subject to which an appeal under section 27 may be preferred;
(o) the fees to be paid on applications and appeals under this Act; and
(p) any matter for which under this Act provision may be made by regulations.
2[(2) The Central Government shall cause every regulation made under this Act to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
1Subs. by Act 20 of 1983; s. 2 and Sch, for certain words (w.e.f. 15-3-1984).
2S. 36 renumbered as sub-section (1) and in sub-section (1) certain words and sub-section (2) ins. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15.3.1984).