Science & Technology Policy
THE INDIAN MEDICAL COUNCIL ACT, 1956


 Act No. of Year: ACT NO. 102 OF 1956

Enactment Date: [30th December, 1956]

Act Objective: An Act to provide for the reconstitution of the Medical Council of India, and the maintenance of a Medical register for India and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:- 



ACT YEAR_NO: 1956102

Section Text: 


1. Short title, extent and commencement. (1) This Act may be called the Indian Medical Council Act, 1956.

(2) It extends to the whole of India except the State of Jammu and' Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


2. Definitions. In this Act, unless the context otherwise requires,-

(a) "approved institution" means a hospital, health Centre or other such institution recognised by a University 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) "Council" means the Medical Council of India constituted under this, Act;

(c) "India" means the territories to which this Act extends;

(d) "Indian Medical Register" means the medical register maintained by the Council;

(e) "medical institution" means any, institution, within or without India, which grants degrees, diplomas or licences In medicine;

(f) "medicine" means modem scientific medicine in all its branches and includes surgery and obstetrics, but does notinclude veterinary medicine and surgery;

(g) "prescribed" means prescribed by regulations;

(h) "recognised medical qualification" means any of the medical qualifications included in the Schedules;

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* 1-11-58 Vide S.O. 2254 dated 28.10.58 Gazette of India Part II Sec (ii) page 2080
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(i) "regulation" means a regulation made under section 33;

(j) "State Medical Council" means a medical council constituted under any law for the time being in force in any State regulating the registration of practitioners of medicine;

(k) "State Medical Register" means a register maintained under any law for the time being in force in any State regulating the registration of practitioners of medicine;

(l) "University" means any University in India established by law and having a medical faculty.


3. Constitution and composition of the Council. (1) The Central Government shall cause to be constituted a Council consisting of the following members, namely:-

(a) one member from each State other than a Union territory, to, be nominated by the Central Government in consultation with the State Government concerned;

(b) one member from each University, to be elected from amongst the members of the medical faculty of the University by members of the Senate of the University or in case the
University has no Senate, by members of the Court;

(c) one member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled' on such Register who possess the medical qualifications included in the First or the Second Schedule or in Part II of the Third Schedule;

(d) seven members to be elected from amongst themselves by, persons enrolled on any of the State Medical Registers who possess the medical qualifications included in Part I of the
Third Schedule;

(e) eight members to be nominated by the Central Government.

(2) The President and Vice-President of the Council shall be elected by the members of the Council from. amongst themselves.

(3) No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.


4. Mode of election. (1) An election under clause (b), clause (c) or clause (d) 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, and any rules so made may provide that pending
the preparation of the Indian Medical Register in accordance with the provisions of this Act, the members referred to in clause (d) of subsection (1) of section 3 may be nominated by the Central Government instead of being elected as provided therein,

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


5. Restrictions on nomination and membership. (1) No person shall be eligible for nomination under clause (a) of sub-section (1) of section 3 unless he possesses any of the medical qualifications included in the First and, Second Schedules, resides in the State
concerned, and, where a State Medical Register is maintained in that State, is enrolled on that register.

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


6. Incorporation of the Council. The Council so constituted shall be a body corporate by the name of the Medical Council of India, having perpetual succession and a common seal, with power to acquire and hold 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.(1)The President or Vice-President of the Council shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the Council.

(2) Subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer.

(3) 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 Council, from three consecutive ordinary meetings of the Council or, in the case of a member elected under clause (b) of
sub-section (1) of section 3, if he ceases to be a member of the medical faculty of the University concerned, or in the case of a member elected under clause (c) or clause (d) of that sub-section, if he ceases to be a person enrolled on the State Medical Register
concerned.

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


(5) Members of the Council shall be eligible for renomination or re election.

(6) Where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected 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 the Council. (1) The Council shall meet at least once in each year at such time and place as may be appointed by the Council.

(2) Unless otherwise provided by regulations, fifteen members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.


9. Officers, Committees and servants of the Council. The Council shall-'

(1) constitute from amongst its members an Executive Committee and such other Committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act;

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

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

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

(5) 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 Council and determine the conditions of service of the employees of the Council.


10. The Executive Committee. (1) The Executive Committee, hereinafter referred to as the Committee, shall consist of the President and Vice-President, who shall be members ex officio, and riot less than seven and not more than ten other members who shall be
elected by the Council from amongst its members.

(2) The President and Vice-President shall be the President and Vice-President respectively of the Committee.

(3) In addition to the powers and duties. conferred and imposed upon it by this Act, the Committee shall exercise and discharge such powers and duties, as the Council may confer or impose upon it by any regulations which may be made in this behalf.


11. Recognition of medical qualifications granted by Universities of medical institutions of India. (1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised, and the Central Government, after consulting the Council, may, by
notification in the Official Gazette, amend the First 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 First Schedule against such medical qualification declaring that it
shall be a recognised medical qualification only when granted after a specified date.


12. 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 Second Schedule shall be recognised
medical qualifications for the purposes of this Act.

(2) The 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 medical practitioners, for the settling of a scheme of reciprocity for the
recognition of medical qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette. amend the Second Schedule so as to include therein the medical qualification which the 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 Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.

(3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any medical qualification declaring that it shall be a recognised medical
qualification only when granted before a specified date. (4) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any Authority referred to in sub-section (2) and that Authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub- section (2) shall apply to such notification.


13. Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the First of Second Schedule. (1) The medical qualifications granted by medical institutions in India which are not included in the First
Schedule and which are included in Part I of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act.

(2) The medical qualifications granted to a citizen of India-

(a) before the 15th day of August, 1947, by medical institutions in the territories now forming part of Pakistan, and

(b) before the 1st day of April, 1937, by medical institutions in the territories now forming part of Burma,

which are included in Part I of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act.

(3) The medical qualifications granted by medical institutions outside India which are included in Part II of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act, but no person possessing any such qualification shall be entitled to enrolment on any State Medical Register unless he is a citizen of India and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country or State granting the qualification, or if he has not undergone any practical training in that country or State, he has undergone such practical training as may be prescribed.

(4) The Central Government, after consulting the Council, may by notification in the Official Gazette, amend Part II of the Third Schedule so as to include therein any qualification granted by a medical institution outside India which is not included in the second
Schedule.

(5) Any medical institution in India which is desirous of getting a medical qualification granted by it included in Part I of the Third Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend Part I of the Third 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 Part I of the Third Schedule against such
medical qualification declaring that it shall be a recognised medical only when granted after a specified date.


14. Special provision in certain cases for recognition of medical qualifications. granted medical institutions countries with which there is no scheme of reciprocity. (1) The Central Government after consultation with the Council may, by notification in the Official Gazette, direct that medical qualifications granted by medical institutions in any State or country outside India in respect of which a scheme of reciprocity for the recognition of medical
qualifications is not in force, shall be recognised medical qualifications for the purposes of this Act or shall be so only when granted after a specified date:

Provided that medical practice by the doctors possessing such qualifications shall be limited to the institution to which they are attached for the time being for purposes of teaching, research or charitable work and shall be limited to the period specified in this
behalf by the Central Government by general or special order.

(2) In respect of any such medical qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that it shall be a recognised medical qualification only when granted before a specified date.


15. Right of persons possessing qualifications in the Schedules to be enrolled. Subject to, the other provisions contained in this Act, the medical qualifications included in the Schedules shall be sufficient qualification for enrolment on any State Medical Register.


16. Power to require information as to courses of study and examinations. Every University or medical institution in India which grants a recognised medical qualification shall furnish such information as the 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.


17. Inspection of examinations. (1) The Committee shall appoint such number of medical inspectors as it may deem requisite to attend at any or all of the examinations held by Universities or medical institutions in India for the purpose of recommending to the Central
Government recognition of medical qualifications.

(2) Inspectors appointed under this section shall not interfere with the conduct of any examination but they shall report to the Committee on the sufficiency of every examination which they attend and on any other matters in regard to which the Committee may require
them to report.

(3) The Committee shall forward a copy of any such report to the University or medical institution concerned, and shall also for. ward a copy with the remarks of the University or institution thereon, to the Central Government.


18. Visitors at examinations. (1) The Council may appoint such number of visitors as it may deem requisite to attend at any or all of the examinations held by Universities or medical institutions in India for the purpose of granting recognised medical  qualifications.

(2) Any person, whether he is a member of the Council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under section 17 for any examination shall not be appointed as a visitor for the same examination.

(3) Visitors appointed, under this section shall not interfere with the conduct of any examination but they shall report to the President of the Council on the sufficiency of every examination which they attend and on any other matters in regard to which the Council
may require them to report.

(4) The report of 'a visitor stall be treated as confidential unless in any particular case the President of the Council otherwise directs:

Provided that if the Central Government requires a copy of the report of a visitor, the Council shall furnish the same.


19. Withdrawn of recognition. (1) When 'upon' report by the Committee or by a visitor appointed under section 18, it appears to the Council that the courses of study and examination to be undergone in any University or medical institution in India in order to obtain a recognised medical qualification or that the standards 'of proficiency
required from candidates at any examination held for the purpose of granting such qualification are not such as to secure to persons holding such qualification the knowledge and skill requisite for the efficient practice of medicine, the 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 State Government of the State in which the University 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 or medical institution, with an intimation of the period within which the University 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.


20. Post-graduate Medical Education Committee for assisting council in matters relating to post-graduate medical education. (1) The Council may prescribe standards of .post-graduate, medical education for the guidance of Universities, and may advise Universities in the matter of securing uniform standards for post- graduate medical education throughout India, and for this purpose the Central Government may constitute from among the members of the
Council a Post-graduate Medical Education Committee (hereinafter referred to as the Post-graduate Committee).

(2) The Post-graduate Committee shall consist of nine members all of whom shall be persons possessing post-graduate medical qualifications and experience of teaching or examining post-graduate students of medicine.

(3) Six of the members of the Post-graduate Committee shall be nominated by the Central Government and the remaining three members shall be elected by the Council from amongst its members.

(4) For the purpose of considering post-graduate studies in a subject, the Post-graduate Committee may co-opt, as and when necessary, one or more members qualified to assist it in that subject.

(5) The views and recommendations of the Post-graduate Committee on all matters shall be placed before the Council; and if the Council does not agree with the views expressed or the recommendations made by the Post-graduate Committee on any matter, the Council shall forward them together with its observation's to the Central Government for
decision.