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INDIAN MEDICAL COUNCIL (AMENDMENT) ACT 2010

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ACT, 2010
NO. 32 OF 2010
[4th September, 2010.]
An Act further to amend the Indian Medical Council Act, 1956.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as
follows:--
1. Short title and commencement. - (1)
This Act may be called the Indian Medical
Council (Amendment) Act, 2010.
(2) It shall be deemed to have come into force on the 15th day of the May, 2010.
2. Insertion of new sections 3A, 3B and 3C. - After
section 3 of the Indian Medical
Council Act, 1956 (hereinafter referred to as the principal Act), the following sections
shall be inserted, namely:--
'3A. Power of Central Government
to supersede the Council and to constitute a
Board of Governors. - (1) On and from the date of commencement of the Indian
Medical Council (Amendment) Act, 2010, the Council shall stand superseded and
the President, Vice-President and other members of the Council shall vacate their
offices
and shall have no claim for any compensation, whatsoever.
(2) The Council shall be reconstituted in accordance with the provisions
of
section 3 within a period of one year from the date of supersession of the Council
under sub-section (1).
(3) Upon the supersession
of the Council under sub-section (1) and until a new
Council is constituted in accordance with section 3, the Board of Governors
constituted under sub-section (4) shall exercise the powers and perform the
functions of the Council under this Act.
(4) The Central
Government shall, by notification in the Official Gazette,
constitute the Board of Governors which shall consist of not more than
seven
persons as its members, who shall be persons of eminence and of unimpeachable
integrity in the fields of medicine and medical
education, and who may be either
nominated members or members, ex officio, to be appointed by the Central
Government, one of whom
shall be named by the Central Government as the
Chairperson of the Board of Governors.
(5) The Chairperson and the other members,
other than the members, ex officio,
shall be entitled to such sitting fee and travelling and other allowances as may be
determined
by the Central Government.
(6) The Board of Governors shall meet at such time and places and shall
observe such rules of procedure
in regard to the transaction of business at its
meetings as is applicable to the Council.
(7) Two-third of the members of the Board
of Governors shall constitute the
quorum for its meetings.
(8) No act or proceedings of the Board of Governors shall be invalid merely
by
reason of--
(a) any vacancy in, or any defect in the constitution of, the Board of
Governors; or
(b) any irregularity in the procedure
of the Board of Governors not
affecting the merits of the case.
(9) A member having any financial or other interest in any matter
coming
before the Board of Governors for decision shall disclose his interest in the matter
before he may, if allowed by the Board
of Governors, participate in such
proceedings.
(10) The Chairperson and the other members of the Board of Governors shall
hold office
during the pleasure of the Central Government.
3B. Certain modifications of the Act. - During the period when the Council
stands
superseded,--
(a) the provisions of this Act shall be construed as if for the word
"Council", the words "Board of Governors" were
substituted;
(b) the Board of Governors shall--
(i) exercise the powers and discharge the functions of the Council
under this Act
and for this purpose, the provisions of this Act shall have
effect subject to the modification that references therein to the Council
shall be construed as references to the Board of Governors;
(ii) grant independently permission for establishment of new medical
colleges or opening a new or higher course of study or training or increase
in admission capacity in any course of study or training
referred to in
section 10A or giving the person or college concerned a reasonable
opportunity of being heard as provided under section
10A without prior
permission of the Central Government under that section, including
exercise of the power to finally approve or
disapprove the same; and
(iii) dispose of the matters pending with the Central Government
under section 10A upon receipt of the same
from it.
3C. Power of Central Government to give directions. - (1) Without prejudice
to the provisions of this Act, the Board of
Governors or the Council after its
reconstitution shall, in exercise of its powers and in the performance of its functions
under
this Act, be bound by such directions on questions of policy, other than those
relating to technical and administrative matters,
as the Central Government may give
in writing to it from time to time:
Provided that the Board of Governors or the Council after
its reconstitution
shall, as far as practicable, be given an opportunity to express its views before any
direction is given under this sub-section.
(2) The decision of the Central Government
whether a question is a matter of
policy or not shall be final.'.
3. Repeal and saving. - (1) The Indian Medical Council (Amendment)
Ordinance,
2010, is hereby repealed.
(2) Notwithstanding the repeal of the Indian Medical Council (Amendment)
Ordinance, 2010, anything
done or any action taken under the principal Act, as amended
by the said Ordinance, shall be deemed to have been done or taken under
the principal
Act, as amended by this Act.
V. K. BHASIN,
Secy. to the Govt. of India.