Science & Technology Policy
THE INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970

Act No. of Year: ACT NO. 48 OF 1970 AN ACT TO PROVIDE FOR THE CONSTITUTION OF A CENTRAL COUNCIL OF INDIAN MEDICINE AND

Enactment Date: [21st December, 1970.]

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




ACT YEAR NO: 197048



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 date 1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State, and different dates may be appointed for different States and for different provisions of this Act.




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

----------------------------------------------------------------------
1 Provisions of ss. 2, 13, 32, 33, 34, 35 and 36 came into force in the whole of India and provisions of ss. 3, 5 to 12 (both inclusive) and 14 to 16 (both inclusive) came into force in all the States (except the State of Nagaland) and in the Union territory of Delhi on the 15th August, 1971, see Notification No. S. O. 2994 dated 10-8-1971, Gazette of India, Extraordinary, Part II Sec. 3 (ii), p. 2511

Provision of Sections 18 to 22 (both inclusive came into force on 1.10.1974 and Sections 17 and 23 to 31 (both inclusive) on 1.10.1976 vide Notifications No. S .O. 584(E), dated 1-10-1974 and S.O. 626(E), dated 10.9.1976 respectively.


Provisions of Section 4 came into force in the whole of India on 17-11 1983. vide notification No. S. O. 816 (E), dated 17-11-1983. 

----------------------------------------------------------------------



(Chapter I.-Preliminary. Chapter II.-The Central Council and its Committees.)



Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time ;

(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.


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 system of medicine from each State in which a State Register of lndian 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 references 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 the 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.



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.


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.


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.



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 named 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.


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.



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 (1) 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.


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.


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.


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.

(Chapter II.-The Central Council and its Committees. 
Chapter III.-Recognition of Medical Qualifications.)



13.Vacancies in the Central Council and Committees thereof not to invalidate acts, etc. No act or proceeding of the Central Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution
of, the Central Council or the committee, as the case may be.



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 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 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 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 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 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.