REGISTERED NO. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 11]

NEW DELHI, MONDAY, MARCH 12, 2001/PHALGUNA 21,1922

Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 12th March 2001:—

Bill No. XXXIII of 2001

A Bill further to amend the Indian Medical Council Act, 1956.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. This Act may be called the Indian Medical Council (Amendment) Act, 2001.

Short title .

102 of 1956.

2. In the Indian Medical Council Act, 1956 (hereinafter referred to as the principal

Act), in section 13,—

Amendment

of section 13

(a) in sub-section (3), after the words "granted by medical institutions outside

India", the words "before such date as the Central Government may, by notification

in the Official Gazette, specify" shall be inserted;

(b) in sub-section (4), the following provisos and Explanation shall be

issued

at the end, namely:—

'Provided that after the commencement of the Indian Medical Council

(Amendment) Act, 2001, no such amendment shall be made in Part II of the

Third Schedule to include any primary medical qualification granted by any

medical institution outside India:

Provided further that nothing contained in the first proviso shall apply

to inclusion in Part II of the Third Schedule any primary medical qualification

granted by any medical institution outside India to any person whose name

is entered in the Indian Medical Register.

Explanation.—For the purposes of this sub-section, "primary medical

qualification" means any minimum qualification sufficient for enrolment on

any State Medical Register or for entering the name in the Indian Medical

THE GAZETTE OF INDIA EXTRAORDINARY

[PART l i -

fe) after sub-section (4), the following sub-section shall be inserted, namely:—

*\4A) A person who is a citizen of India and obtains medical qualification granted

by any medical institution in any country outside India recognised for enrolment as

medical practitioner in that country after such date as may be specified by the Central

Government under sub-section (3), shall not be entitled to bo enrolled on any Medical

Indian Medical Register unless he qualifies the screening test in India prescribed for

such purpose and such foreign medical qualification after such person qualifies the

said screening test shall be deemed to be the recognised medical qualification for the

purposes of this Act for that person.

(4B) A person who is a citizen of India shall not, after such date as may be

specified by the Central Government under sub-section (3), be eligible to get admission

to obtain medical qualification granted by any medical institution in any foreign country

without obtaining an eligibility certificate issued to him by the Council and in case any

such person obtains such qualification without obtaining such eligibility certificate, he

shall not be eligible to appear in the screening test referred to in sub-section (4A):

Provided that an Indian citizen who has acquired the medical qualification from

foreign medical institution or has obtained admission in foreign medical institution

before the commencement of the Indian Medical Council (Amendment) Act, 2001 shall

not be required to obtain eligibility certificate under this Sub-section but, if he is qualified

for admission to any medical course for recognised medical qualification in any medical

institution in India, he shall be required to qualify only the screening test prescribed for

enrolment on any State Medical Register or for entering his name in the Indian Medical

(4C) Nothing contained in sub-sections (4A) and (4B) shall apply to the medical

qualifications referred to in section 14 for the purposes of that section.".

Amendment

of section 33.

3. In section 33 of the principal Act, after clause (m), the following clause shall be

inserted, namely:—

"(ma) the modalities for conducting screening tests under sub-section (4A),

and under the proviso to sub-section (4B), and for issuing eligibility certificate

under sub-section (4B) of section 13;".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Indian medical Council Act, 1956 contains provisions in sections 12,13 and

14 with a view to recognizing medical qualifications granted by medical institutions in

foreign countries.

2. Over a period of time it has come to the notice that a large number of private

agencies sponsor students for medical studies in institutions outside India for

commercial considerations. Such students also include the students who did not fulfil

the minimum eligibility requirements for admission to medical courses in India. Serious

aberrations have been noticed in the standards of medical education in some of the

foreign countries which are not at par with the standards of medical education available

in India. Due to lack of uniformity in the standards of medical education in various

foreign countries, it has been decided that a provision should be made in the Indian

Medical Council Act, 1956 to enable the Medical Council of India to conduct a screening

test in order to satisfy itself with regard to the adequacy of knowledge and skills

acquired by citizens of India who obtain medical qualifications from universities or

medical institutions outside India before they are granted registration to practice

medicine in India.

3. Further, issue of prior eligibility certificate by the Medical Council of India

would ensure that only those conditions who conform to the Council norms of admission

to the medical college in India would go for under-graduate medical education outside

India.

4. The Bill seeks to achieve the above objects.

C. P. THAKUR

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 3 of the Bill seeks to amend section 33 of the Indian Medical Council Act,

1956 to insert therein clause (ma) which empowers the Medical Council of India, with

the previous sanction of the Central Government, to make regulations to provide for the

modalities fpr conducting screening tests under sub-section (4A), and under the proviso

to sub-section (4B), and fpr issuing eligibility certificate under sub-section (4B) of

section 13.

2. The matters in respect of which'such regulations may bo made relate to procedure

and administrative details and it is not practicable to provide them in the Bill itself. The

delegation of legislative power is, therefore, of a normal character.

R. C. TRIPATHI,

Secretary-General.

PUBLISHED BY THE SECRETARY GENERAL RAJYA SABHA UNDER RULE 68 OF THE RULES C

PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA, 2001.

MQIPi PLU)MRND—7262GI—15-05-2001.