Panaji, 19th March, 2020 (Phalguna 29, 1941)

SERIES I No. 51

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

NOTE

There are two Extraordinary issues to the Official Gazette, Series I No. 50 dated 12-03-2020, as follows:—

(1) Extraordinary dated 13-03-2020 from pages 1649 to 1650, Notification No. 5-6-2019-Fin(DMU) regarding Market

Borrowing Programme from Department of Finance.

(2) Extraordinary No. 2 dated 18-3-2020 from pages 1651 to 1652, Notification No. 38/1/2017-Fin(R&C) (129) regarding

the Goa Goods and Services Tax (Second Amendment) Rules, 2020 from Department of Finance (R&C).

INDEX

Department

Notification

Subject

Pages

Co-operation

Not.- 118-02-20-MR/MKT

Appointment of Registrar of Co-op Societies

1653

Secretary

/RCS/5898

as State Marketing Officer.

Civil Supplies &

Not.-DCS/S/Scheme/

Aadhaar authentication to avail Govt. schemes,

1654

Consumer Affairs

/2019-20/354

subsidies, benefits etc.

Dir. & ex officio Jt. Secy.

3.a. Law & Judiciary

Not.- 10/4/2019-LA-351

The National Medical Commission Act, 2019.

1655

Legal Affairs Division

Joint Secretary

b. Law Estt. Division

Not.- 12/14/2018-LD(Estt.)/

Designation of Courts as Special Courts.

1680

Under Secretary

/528

Personnel

Not.- 1/3/2010-PER

R.R.—Secretariat.

1681

Special Secretary

5.a. Public Health

Not.- 23/20/2014-I/PHD/

Declaration of notifiable diseases under the

1683

Under Secretary

Part IV/552

GDD Public Health Act, 1985.

6.b. -do-

Not.- 23-20-2014-I/PHD/

The Goa Epidemic Disease, COVID-19

1683

Part IV/553

Regulations, 2020.

Government Ptg. Press

—

Subscription Rate.

1685

GOVERNMENT OF GOA

Department of Co-operation

Office of the Registrar of Co-operative Societies

Notification

118-02-20-MR/MKT/RCS/5898

In exercise of the powers conferred by

clause (zr) of section 2 of the Goa Agricultural

Produce Marketing (Development and

1653

Suggestions are welcomed on e-mail: dir–[email protected]

Regulation) Act, 2007 (Goa Act 11 of 2007), the

Government of Goa hereby appoints the

Registrar of Co-op. Societies, office of the

Registrar of Co-op. Societies, Government of

Goa, Panaji, as the State Marketing Officer, for

the purpose of the said Act, with immediate

effect.

By order and in the name of the Governor

of Goa.

C. R. Garg, IAS, Secretary (Co-operation).

Porvorim, 11th March, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

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Department of Civil Supplies and Consumer Affairs

Notification

DCS/S/Scheme/2019-20/354

In exercise of the powers conferred by section 4 of the Goa Aadhaar (Targeted Delivery of

Financial and Other Subsidies, Benefits and Services) Act, 2017 (Goa Act 11 of 2017), (hereafter

referred to as the “said Act”), the Government of Goa hereby notifies the schemes, subsidies,

benefits and services enlisted in the following Schedules, “A”, “B”, “C” and “D” respectively,

for which authentication or proof is required as per section 3 of the said Act.

SCHEDULE “A”

Sl. No.

Names of Schemes

Schemes under the National Food Security Act, 2013

1. Antyodaya Anna Yojana (AAY)

2. Priority House Holds (PHH)

II)

Schemes under Public Distribution System

1. Above Poverty Line (APL)

2. Welfare Institutions and Hostels Scheme

3. Annapurna (ANP)

4. Superior Kerosene Oil (SKO)

5. Sugar Scheme

SCHEDULE “B”

Sl. No.

Names of Subsidies

Schemes

Subsidized Rate

Antyodaya Anna Yojana (AAY)

@ Rs. 3/- per kg.

@ Rs. 13.50/- per kg.

Priority House Hold (PHH)

@ Rs. 3/- per kg.

Above Poverty Line (APL)

@ Rs. 12.50/- per kg.

(Tide Over)

@ Rs. 10.00/- per kg.

Annapurna (ANP)

Free of cost

Welfare Institutions and Hostels

@ Rs. 6.15/- per kg.

SKO Kerosene

@ Rs. 29.50/- per litre

SCHEDULE “C”

Sl. No.

Names of Benefits

Schemes

Quantum

Antyodaya Anna Yojana (AAY)

Rice:- 35kg. per card per month

Sugar:- 1kg. per card

Priority House Hold (PHH)

Rice:- 5kg. per person per month

Above Poverty Line (APL)

Rice:- 8kg. per card per month

(Tide Over)

Wheat:- 5kg. per card per month

Annapurna (ANP)

Rice:- 10kg. per card per month

Welfare Institutions and Hostels

Rice:- 15kg. per inmate per month

SKO Kerosene

10 litres to Non LPG cardholder per quarter

OFFICIAL GAZETTE — GOVT. OF GOA

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SCHEDULE “D”

Sl. No.

Names of Services

By Bio Metric Authentication through

AePoS Device

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor

of Goa.

Siddhivinayak Naik, Director & ex officio

Jt. Secretary (Civil Supplies & Consumer

Affairs).

Panaji, 17th March, 2020.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

——

Notification

10/4/2019-LA-351

The National Medical Commission Act,

2019 (Central Act No. 30 of 2019), which has

been passed by Parliament and assented to

by the President on 08-08-2019 and published

in the Gazette of India, Extraordinary, Part II,

Section 1, dated 08-08-2019, is hereby

published for the general information of the

public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 31st December, 2019.

________

The National Medical Commission

Act, 2019

ACT

to provide for a medical education system that

improves access to quality and affordable

medical education, ensures availability of

adequate and high quality medical

professionals in all parts of the country;

that promotes equitable and universal

healthcare that encourages community

health perspective and makes services of

medical professionals accessible to all the

citizens; that promotes national health

goals;

that

encourages

medical

professionals to adopt latest medical

research in their work and to contribute to

research; that has an objective periodic and

transparent

assessment

medical

institutions and facilitates maintenance of

a medical register for India and enforces

high ethical standards in all aspects of

medical services; that is flexible to adapt

to changing needs and has an effective

grievance redressal mechanism and for

matters connected therewith or incidental

thereto.

Be it enacted by Parliament in the

Seventieth Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Act may be called the National

Medical Commission Act, 2019.

(2) It extends to the whole of India.

(3) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint, and different

dates may be appointed for different

provisions of this Act and any reference in

any such provision to the commencement of

this Act shall be construed as a reference to

the coming into force of that provision.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Autonomous Board” means any of

the Autonomous Boards constituted under

section 16;

(b)

“Chairperson”

means

the

Chairperson of the National Medical

Commission appointed under section 5;

Medical Commission constituted under

section 3;

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(d) “Council” means the Medical

Advisory Council constituted under section

11;

(e) “Ethics and Medical Registration

Board” means the Board constituted under

section 16;

(f) “health University ” means a

University specialised in affiliating

institutions engaged in teaching medicine,

medical and health sciences and includes

a medical University and University of

health sciences;

(g) “licence” means a licence to practice

medicine granted under sub-section (1) of

section 33;

(h) “Medical Assessment and Rating

Board” means the Board constituted under

section 16;

(i) “medical institution” means any

institution within or outside India which

grants degrees, diplomas or licences in

medicine and include affiliated colleges and

deemed to be Universities;

(j) “medicine” means modern scientific

medicine in all its branches and includes

surgery and obstetrics, but does not

include veterinary medicine and surgery;

(k) “Member” means a Member of the

Commission appointed under section 5 and

includes the Chairperson thereof;

(l)

“National

Board

Examination” means the body

registered as such under the

Societies Registration Act, 1860

which grants broad-speciality

and super-speciality qualifications

referred to in the Schedule;

(m) “National Register” means a National

Medical Register maintained by the Ethics

and Medical Registration Board under

section 31;

(n) “notification” means notification

published in the Official Gazette and the

expression “notify” shall be construed

accordingly;

(o) “Post-Graduate Medical Education

Board” means the Board constituted under

section 16;

(p) “prescribed” means prescribed by

rules made under this Act;

(q) “President” means the President of

an Autonomous Board appointed under

section 18;

(r) “recognised medical qualification”

means a medical qualification recognised

under section 35 or section 36 or section

37 or section 40, as the case may be;

(s) “regulations” means the regulations

made by the Commission under this Act;

(t) “Schedule” means the Schedule to

this Act;

(u) “State Medical Council” means a

medical council constituted under any law

for the time being in force in any State or

Union territory for regulating the practice

and registration of practitioners of medicine

in that State or Union territory;

(v) “State Register” means a register

maintained under any law for the time

being in force in any State or Union

territory for registration of practitioners of

medicine;

(w) “Under-Graduate Medical Education

Board” means the Board constituted under

section 16;

(x) “University” shall have the

same meaning as assigned to it

in clause (f) of section 2 of the

University Grants Commission

Act, 1956 and includes a health

University.

CHAPTER II

The National Medical Commission

3. Constitution of National Medical

Commission.— (1) The Central Government

shall constitute a Commission, to be known

as the National Medical Commission, to

exercise the powers conferred upon, and to

perform the functions assigned to it, under

this Act.

21 of 1860.

3 of 1956.

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(2) The Commission shall be a body

corporate by the name aforesaid, having

perpetual succession and a common seal,

with power, subject to the provisions of this

Act, to acquire, hold and dispose of property,

both movable and immovable, and to

contract, and shall, by the said name, sue or

be sued.

(3) The head office of the Commission shall

be at New Delhi.

4. Composition of Commission.— (1) The

Commission shall consist of the following

persons to be appointed by the Central

Government, namely:—

(a) a Chairperson;

(b) ten ex officio Members; and

(2) The Chairperson shall be a medical

professional of outstanding ability, proven

administrative capacity and integrity,

possessing a postgraduate degree in any

discipline of medical sciences from any

University and having experience of not less

than twenty years in the field of medical

sciences, out of which at least ten years shall

be as a leader in the area of medical

education.

(3) The following persons shall be the ex

officio Members of the Commission,

namely:—

(a) the President of the Under-Graduate

Medical Education Board;

(b) the President of the Post-Graduate

Medical Education Board;

Assessment and Rating Board;

(d) the President of the Ethics and

Medical Registration Board;

(e) the Director General of Health

Services, Directorate General of Health

Services, New Delhi;

(f) the Director General, Indian Council

of Medical Research;

(g) a Director of any of the All India

Institutes of Medical Sciences, to be

nominated by the Central Government;

(h) two persons from amongst the

Directors of Postgraduate Institute of

Medical

Education

and

Research,

Chandigarh; Jawaharlal Institute of

Postgraduate Medical Education and

Research, Puducherry; Tata Memorial

Hospital, Mumbai; North Eastern Indira

Gandhi Regional Institute of Health and

Medical Sciences, Shillong; and All India

Institute of Hygiene and Public Health,

Kolkata; to be nominated by the Central

Government; and

(i) one person to represent the Ministry

of the Central Government dealing with

Health and Family Welfare, not below the

rank of Additional Secretary to the

Government of India, to be nominated by

that Ministry.

(4) The following persons shall be

appointed as part-time Members of the

Commission, namely:—

(a) three Members to be appointed from

amongst persons of ability, integrity and

standing, who have special knowledge and

professional experience in such areas

including management, law, medical

ethics, health research, consumer or

patient rights advocacy, science and

technology and economics;

(b) ten Members to be appointed on

rotational basis from amongst the nominees

of the States and Union territories, under

clauses (c) and (d) of sub-section (2) of

section 11, in the Medical Advisory Council

for a term of two years in such manner as

may be prescribed;

amongst the nominees of the States and

Union territories, under clause (e) of sub-

section (2) of section 11, in the Medical

Advisory Council for a term of two years in

such manner as may be prescribed.

Explanation.—For the purposes of this

section and section 17, the term “leader”

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means the Head of a Department or the

Head of an organisation.

5. Search Committee for appointment of

Chairperson and Members.— (1) The Central

Government shall appoint the Chairperson,

part-time Members referred to in clause (a)

of sub-section (4) of section 4 and the

Secretary referred to in section 8 on the

recommendation of a Search Committee

consisting of—

(a) the Cabinet Secretary—Chairperson;

(b)

three

experts,

possessing

outstanding qualifications and experience

of not less than twenty-five years in the

field of medical education, public health

education and health research, to be

nominated by the Central Government—

Members;

time Members referred to in clause (c) of

sub-section (4) of section 4, to be nominated

by the Central Government in such manner

as may be prescribed—Member;

(d) one person, possessing outstanding

qualifications and experience of not less

than twenty-five years in the field of

management or law or economics or

science and technology, to be nominated

by the Central Government— Member; and

(e) the Secretary to the Government of

India in charge of the Ministry of Health

and Family Welfare, to be the Convenor—

Member.

(2) The Central Government shall, within

one month from the date of occurrence of

any vacancy, including by reason of death,

resignation or removal of the Chairperson or

a Member, or within three months before the

end of tenure of the Chairperson or Member,

make a reference to the Search Committee

for filling up of the vacancy.

(3) The Search Committee shall recommend

a panel of at least three names for every

vacancy referred to it.

(4) The Search Committee shall, before

recommending any person for appointment

as the Chairperson or a Member of the

Commission, satisfy itself that such person

does not have any financial or other interest

which is likely to affect prejudicially his

functions as such Chairperson or Member.

(5) No appointment of the Chairperson or

Member shall be invalid merely by reason of

any vacancy or absence of a Member in the

Search Committee.

(6) Subject to the provisions of sub-sections

(2) to (5), the Search Committee may regulate

its own procedure.

6. Term of office and conditions of service

of Chairperson and Members.—(1) The

Chairperson and the part-time Members,

other than the part-time Members appointed

under clauses (b) and (c) of sub-section (4) of

section 4, shall hold office for a term not

exceeding four years and shall not be eligible

for any extension or re-appointment:

Provided that such person shall cease to

hold office after attaining the age of seventy

years.

(2) The term of office of an ex officio

Member shall continue as long as he holds

the office by virtue of which he is such

Member.

(3) Where a Member, other than an ex

officio Member, is absent from three

consecutive ordinary meetings of the

Commission and the cause of such absence

is not attributable to any valid reason in the

opinion of the Commission, such Member

shall be deemed to have vacated the seat.

(4) The salaries and allowances payable

to, and other terms and conditions of service

of, the Chairperson and Member, other than

an ex officio Member, shall be such as may

be prescribed.

(5) The Chairperson or a Member may,—

(a) relinquish his office by giving in

writing to the Central Government a notice

of not less than three months; or

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(b) be removed from his office in

accordance with the provisions of

section 7:

Provided that such person may be relieved

from duties earlier than three months or be

allowed to continue beyond three months

until a successor is appointed, if the Central

Government so decides.

(6) The Chairperson and every member of

the Commission shall make declaration of his

assets and his liabilities at the time of entering

upon his office and at the time of demitting

his office and also declare his professional

and commercial engagement or involvement

in such form and manner as may be

prescribed, and such declaration shall be

published on the website of the Commission.

(7) The Chairperson or a Member, ceasing

to hold office as such, shall not accept, for a

period of two years from the date of demitting

such office, any employment, in any capacity,

including as a consultant or an expert, in

any private medical institution, whose matter

has been dealt with by such Chairperson or

Member, directly or indirectly:

Provided that nothing herein shall be

construed as preventing such person from

accepting an employment in a body or

institution, including medical institution,

controlled or maintained by the Central

Government or a State Government:

Provided further that nothing herein shall

prevent the Central Government from

permitting the Chairperson or a Member to

accept any employment in any capacity,

including as a consultant or expert in any

private medical institution whose matter has

been dealt with by such Chairperson or

Member.

7. Removal of Chairperson and Member of

Commission.—(1) The Central Government

may, by order, remove from office the

Chairperson or any other Member, who—

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence

which, in the opinion of the Central

Government, involves moral turpitude; or

incapable of acting as a Member; or

(d) is of unsound mind and stands so

declared by a competent court; or

(e) has acquired such financial or other

interest as is likely to affect prejudicially

his functions as a Member; or

(f) has so abused his position as to render

his continuance in office prejudicial to

public interest.

(2) No Member shall be removed under

clauses (e) and (f) of sub-section (1) unless

he has been given a reasonable opportunity

of being heard in the matter.

8. Appointment of Secretary, experts,

professionals, officers and other employees of

Commission.—(1) There shall be a Secretariat

for the Commission to be headed by a

Secretary, to be appointed by the Central

Government in accordance with the

provisions of section 5.

(2) The Secretary of the Commission shall

be a person of proven administrative capacity

and integrity, possessing such qualifications

and experience as may be prescribed.

(3) The Secretary shall be appointed by

the Central Government for a term of four

years and shall not be eligible for any

extension or re-appointment.

(4) The Secretary shall discharge such

functions of the Commission as are assigned

to him by the Commission and as may be

specified by regulations made under this Act.

(5) The Commission may, for the efficient

discharge of its functions under this Act,

appoint such officers and other employees,

as it considers necessary, against the posts

created by the Central Government.

(6) The salaries and allowances payable

to, and other terms and conditions of service

of, the Secretary, officers and other employees

of the Commission shall be such as may be

prescribed.

(7) The Commission may engage, in

accordance with the procedure specified by

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regulations, such number of experts and

professionals of integrity and outstanding

ability, who have special knowledge of, and

experience in such fields, including medical

education, public health, management, health

economics, quality assurance, patient

advocacy, health research, science and

technology, administration, finance, accounts

and law, as it deems necessary, to assist the

Commission in the discharge of its functions

under this Act.

9. Meetings, etc., of commission.— (1) The

Commission shall meet at least once every

quarter at such time and place as may be

appointed by the Chairperson.

(2) The Chairperson shall preside at the

meeting of the Commission, and if, for any

reason, the Chairperson is unable to attend a

meeting of the Commission, any other

Member, being the President of an

Autonomous Board, nominated by the

Chairperson, shall preside at the meeting.

(3) Unless the procedure to be followed at

the meetings of the Commission is otherwise

provided by regulations, one-half of the total

number of Members of the Commission

including the Chairperson shall constitute the

quorum and all the acts of the Commission

shall be decided by a majority of the

members, present and voting and in the event

of equality of votes, the Chairperson, or in his

absence, the President of the Autonomous

Board nominated under sub-section (2), shall

have the casting vote.

(4) The general superintendence, direction

and control of the administration of the

Commission shall vest in the Chairperson.

(5) No act done by the Commission shall

be questioned on the ground of the existence

of a vacancy in, or a defect in the constitution

of, the Commission.

(6) A person who is aggrieved by any

decision of the Commission except the

decision rendered under sub-section (4) of

section 30 may prefer an appeal to the Central

Government against such decision within

thirty days of the communication of such

decision.

10. Powers and functions of Commission.—

(1) The Commission shall perform the

following functions, namely:—

(a) lay down policies for maintaining a

high quality and high standards in medical

education and make necessary regulations

in this behalf;

(b) lay down policies for regulating

medical institutions, medical researches

and medical professionals and make

necessary regulations in this behalf;

including human resources for health and

healthcare infrastructure and develop a

road map for meeting such requirements;

(d) promote, co-ordinate and frame

guidelines and lay down policies by making

necessary regulations for the proper

functioning of the Commission, the

Autonomous Boards and the State Medical

Councils;

(e) ensure co-ordination among the

Autonomous Boards;

(f) take such measures, as may be

necessary, to ensure compliance by the

State Medical Councils of the guidelines

framed and regulations made under this

Act for their effective functioning under this

Act;

(g) exercise appellate jurisdiction with

respect to the decisions of the Autonomous

Boards;

(h) lay down policies and codes to ensure

observance of professional ethics in medical

profession and to promote ethical conduct

during the provision of care by medical

practitioners;

(i) frame guidelines for determination of

fees and all other charges in respect of fifty

per cent. of seats in private medical

institutions and deemed to be universities

which are governed under the provisions

of this Act;

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(j) exercise such other powers and

perform such other functions as may be

prescribed.

(2) All orders and decisions of the

Commission shall be authenticated by the

signature of the Secretary.

(3) The Commission may delegate such of

its powers of administrative and financial

matters, as it deems fit, to the Secretary.

(4) The Commission may constitute sub-

committees and delegate such of its powers

to such sub-committees as may be necessary

to enable them to accomplish specific tasks.

CHAPTER III

The Medical Advisory Council

11. Constitution and composition of Medical

Advisory Council.—

(1)

The

Central

Government shall constitute an advisory body

to be known as the Medical Advisory Council.

(2) The Council shall consist of a

Chairperson and the following members,

namely:—

(a) the Chairperson of the Commission

shall be the ex officio Chairperson of the

Council;

(b) every member of the Commission

shall be the ex officio members of the

Council;

who is the Vice-Chancellor of a health

University in that State, to be nominated

by that State Government;

(d) one member to represent each Union

territory, who is the Vice-Chancellor of a

health University in that Union territory, to

be nominated by the Ministry of Home

Affairs in the Government of India;

(e) one member to represent each State

and each Union territory from amongst

elected members of the State Medical

Council, to be nominated by that State

Medical Council;

(f) the Chairman, University Grants

Commission;

(g) the Director, National Assessment and

Accreditation Council;

(h) four members to be nominated by

the Central Government from amongst

persons holding the post of Director in the

Indian Institutes of Technology, Indian

Institutes of Management and the Indian

Institute of Science:

Provided that if there is no health University

in any State or Union territory, the Vice-

Chancellor of a University within that State

or Union territory having the largest number

of medical colleges affiliated to it shall be

nominated by the State Government or by

the Ministry of Home Affairs in the

Government of India:

Provided further that if there is no

University in any Union territory, the Ministry

of Home Affairs shall nominate a member

who possesses such medical qualification and

experience as may be prescribed.

12. Functions of Medical Advisory

Council.— (1) The Council shall be the

primary platform through which the States

and Union territories may put forth their

views and concerns before the Commission

and help in shaping the overall agenda, policy

and action relating to medical education and

training.

(2) The Council shall advise the Commission

on measures to determine and maintain, and

to co-ordinate maintenance of, the minimum

standards in all matters relating to medical

education, training and research.

(3) The Council shall advise the Commission

on measures to enhance equitable access to

medical education.

13. Meetings of Medical Advisory Council.—

(1) The Council shall meet at least twice a

year at such time and place as may be

decided by the Chairperson.

(2) The Chairperson shall preside at the

meeting of the Council and if for any reason

the Chairperson is unable to attend a meeting

of the Council, such other member as

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nominated by the Chairperson shall preside

over the meeting.

(3) Unless the procedure is otherwise

provided by regulations, fifty per cent. of the

members of the Council including the

Chairperson shall form the quorum and all

acts of the Council shall be decided by a

majority of the members present and voting.

CHAPTER IV

National Examination

14. National Eligibility-cum-Entrance Test.—

(1) There shall be a uniform National

Eligibility-cum-Entrance Test for admission to

the undergraduate and postgraduate super-

speciality medical education in all medical

institutions which are governed by the

provisions of this Act:

Provided that the uniform National

Eligibility-cum-Entrance Test for admission to

the undergraduate medical education shall

also be applicable to all medical institutions

governed under any other law for the time

being in force.

(2) The Commission shall conduct the

National Eligibility-cum-Entrance Test in

English and in such other languages, through

such designated authority and in such

manner, as may be specified by regulations.

(3) The Commission shall specify by

regulations the manner of conducting

common counselling by the designated

authority for admission to undergraduate and

postgraduate super-speciality seats in all the

medical institutions which are governed by

the provisions of this Act:

Provided that the designated authority of

the Central Government shall conduct the

common counselling for all India seats and

the designated authority of the State

Government shall conduct the common

counselling for the seats at the State level.

15. National Exit Test.— (1) A common final

year undergraduate medical examination, to

be known as the National Exit Test shall be

held for granting licence to practice medicine

as medical practitioners and for enrolment in

the State Register or the National Register,

as the case may be.

(2) The Commission shall conduct the

National Exit Test through such designated

authority and in such manner as may be

specified by regulations.

(3) The National Exit Test shall become

operational on such date, within three years

from the date of commencement of this Act,

as may be appointed by the Central

Government, by notification.

(4) Any person with a foreign medical

qualification shall have to qualify National Exit

Test for the purpose of obtaining licence to

practice medicine as medical practitioner and

for enrolment in the State Register or the

National Register, as the case may be, in

such manner as may be specified by

regulations.

(5) The National Exit Test shall be the basis

for admission to the postgraduate broad-

speciality medical education in medical

institutions which are governed under the

provisions of this Act or under any other law

for the time being in force and shall be done

in such manner as may be specified by

regulations.

(6) The Commission shall specify by

regulations the manner of conducting

common counselling by the designated

authority for admission to the postgraduate

broad-speciality seats in the medical

institutions referred to in sub-section (5):

Provided that the designated authority of

the Central Government shall conduct the

common counselling for All India seats and

the designated authority of the State

Government shall conduct the common

counselling for the seats at the State level.

CHAPTER V

Autonomous Boards

16. Constitution of Autonomous Boards.—

(1) The Central Government shall, by

notification, constitute the following

Autonomous Boards, under the overall

supervision of the Commission, to perform the

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functions assigned to such Boards under this

Act, namely:—

(a)

the

Under-Graduate

Medical

Education Board;

(b) the Post-Graduate Medical Education

Board;

Board; and

(d) the Ethics and Medical Registration

Board.

(2) Each Board referred to in sub-section

(1) shall be an autonomous body which shall

carry out its functions under this Act subject

to the regulations made by the Commission.

17. Composition of Autonomous Boards.—

(1) Each Autonomous Board shall consist of a

President and two whole-time Members and

two part-time Members.

(2) The President of each Autonomous

Board, three Members (including one part-

time Member) of the Under-Graduate Medical

Education Board and the Post-Graduate

Medical Education Board, and two Members

(including one part-time Member) each of the

Medical Assessment and Rating Board and

the Ethics and Medical Registration Board

shall be persons of outstanding ability, proven

administrative capacity and integrity,

possessing a postgraduate degree in any

discipline of medical sciences from any

University and having experience of not less

than fifteen years in such field, out of which

at least seven years shall be as a leader in

the area of medical education, public health,

community medicine or health research.

(3) The third Member of the Medical

Assessment and Rating Board shall be a

person of outstanding ability and integrity,

possessing a postgraduate degree in any of

the disciplines of management, quality

assurance, law or science and technology

from any University, having not less than

fifteen years’ experience in such field, out of

which at least seven years shall be as a leader.

(4) The third Member of the Ethics and

Medical Registration Board shall be a person

of outstanding ability who has demonstrated

public record of work on medical ethics or a

person of outstanding ability possessing a

postgraduate degree in any of the disciplines

of quality assurance, public health, law or

patient advocacy from any University and

having not less than fifteen years’ experience

in such field, out of which at least seven years

shall be as a leader.

(5)

The

fourth

Member

each

Autonomous Boards, being a part-time

Member, shall be chosen from amongst the

elected Members of the State Medical Council

in such manner as may be prescribed.

18. Search Committee for appointment of

President and Members.—The Central

Government shall appoint the President and

Members of the Autonomous Boards, except

Members referred to in sub-section (5) of

section 17, on the recommendations made

by the Search Committee constituted under

section 5 in accordance with the procedure

specified in that section.

19. Term of office and conditions of service

of President and Members.— (1) The

President and Members (other than part-time

Members) of each Autonomous Board shall

hold the office for a term not exceeding four

years and shall not be eligible for any

extension or re-appointment:

Provided that part-time Members of each

Autonomous Board shall hold the office for a

term of two years:

Provided further that a Member shall cease

to hold office after attaining the age of seventy

years.

(2) The salaries and allowances payable

to, and other terms and conditions of service

of the President and Members (other than

part-time Members) of an Autonomous Board

shall be such as may be prescribed:

Provided that part-time Members of each

Autonomous Board shall be entitled for such

allowances as may be prescribed.

(3) The provisions of sub-sections (3), (5),

(6), (7) and (8) of section 6 relating to other

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terms and conditions of service of, and section

7 relating to removal from the office of, the

Chairperson and Members of the Commission

shall also be applicable to the President and

Members of the Autonomous Boards.

20. Advisory committees of experts.— (1)

Each Autonomous Board, except the Ethics

and Medical Registration Board, shall be

assisted by such advisory committees of

experts as may be constituted by the

Commission for the efficient discharge of the

functions of such Boards under this Act.

(2) The Ethics and Medical Registration

Board shall be assisted by such ethics

committees of experts as may be constituted

by the Commission for the efficient discharge

of the functions of that Board under this Act.

21. Staff of Autonomous Boards.— The

experts, professionals, officers and other

employees appointed under section 8 shall

be made available to the Autonomous Boards

in such number, and in such manner, as may

be specified by regulations by the

Commission.

22. Meetings, etc., of Autonomous Boards.—

(1) Every Autonomous Board shall meet at

least once a month at such time and place as

it may appoint.

(2) All decisions of the Autonomous Boards

shall be made by majority of votes of the

President and Members.

(3) Subject to the provision of section 28, a

person who is aggrieved by any decision of

an Autonomous Board may prefer an appeal

to the Commission against such decision

within sixty days of the communication of

such decision.

23. Powers of Autonomous Boards and

delegation of powers.— (1) The President of

each Autonomous Board shall have such

administrative and financial powers as may

be delegated to it by the Commission to

enable such Board to function efficiently.

(2) The President of an Autonomous Board

may further delegate any of his powers to a

Member or an officer of that Board.

24. Powers and functions of Under-

Graduate Medical Education Board.— (1) The

Under-Graduate Medical Education Board

shall perform the following functions,

namely:—

(a) determine standards of medical

education at undergraduate level and

oversee all aspects relating thereto;

(b) develop competency based dynamic

curriculum at undergraduate level in

accordance with the regulations made

under this Act;

curriculum for addressing the needs of

primary health services, community

medicine and family medicine to ensure

healthcare in such areas, in accordance

with the provisions of the regulations made

under this Act;

(d) frame guidelines for setting up of

medical

institutions

for

imparting

undergraduate courses, having regard to

the needs of the country and the global

norms, in accordance with the provisions

of the regulations made under this Act;

(e) determine the minimum requirements

and standards for conducting courses and

examinations for undergraduates in

medical institutions, having regard to the

needs of creativity at local levels, including

designing of some courses by individual

institutions, in accordance with the

provisions of the regulations made under

this Act;

(f) determine standards and norms for

infrastructure, faculty and quality of

education in medical institutions providing

undergraduate medical education in

accordance with the provisions of the

regulations made under this Act;

(g) facilitate development and training

of faculty members teaching under-

graduate courses;

(h)

facilitate

research

and

the

international student and faculty exchange

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programmes relating to undergraduate

medical education;

(i) specify norms for compulsory annual

disclosures, electronically or otherwise, by

medical institutions, in respect of their

functions that has a bearing on the interest

of all stakeholders including students,

faculty, the Commission and the Central

Government;

(j) grant recognition to a medical

qualification at the undergraduate level.

(2) The Under-Graduate Medical Education

Board may, in the discharge of its duties,

make such recommendations to, and seek

such directions from, the Commission, as it

deems necessary.

25. Powers and functions of Post-Graduate

Medical Education Board.— (1) The Post-

Graduate Medical Education Board shall

perform the following functions, namely:—

(a) determine the standards of medical

education at the postgraduate level and

super-speciality level in accordance with

the regulations made under this Act and

oversee all aspects relating thereto;

(b) develop competency based dynamic

curriculum at postgraduate level and

super-speciality level in accordance with

the regulations made under this Act, with

a view to develop appropriate skill,

knowledge, attitude, values and ethics

among postgraduates and super-specialists

to provide healthcare, impart medical

education and conduct medical research;

medical

institutions

for

imparting

postgraduate and super-speciality courses,

having regard to the needs of the country

and global norms, in accordance with the

regulations made under this Act;

(d) determine the minimum requirements

and standards for conducting postgraduate

and

super-speciality

courses

and

examinations in medical institution, in

accordance with the regulations made

under this Act;

(e) determine standards and norms for

infrastructure, faculty and quality of

education

medical

institutions

conducting postgraduate and super-

speciality medical education, in accordance

with the regulations made under this Act;

(f) facilitate development and training of

the faculty members teaching postgraduate

and super-speciality courses;

(g)

facilitate

research

and

the

international student and faculty exchange

programmes relating to postgraduate and

super-speciality medical education;

(h) specify norms for compulsory annual

disclosure, electronically or otherwise, by

medical institutions in respect of their

functions that has a bearing on the interest

of all stakeholders including students,

faculty, the Commission and the Central

Government;

(i) grant recognition to the medical

qualifications at the postgraduate level and

super-speciality level;

(j) promote and facilitate postgraduate

courses in family medicine.

(2) The Post-Graduate Medical Education

Board may, in the discharge of its functions,

make such recommendations to, and seek

such directions from, the Commission, as it

deems necessary.

26. Powers and functions of Medical

Assessment and Rating Board.—(1) The

Medical Assessment and Rating Board shall

perform the following functions, namely:—

(a) determine the procedure for

assessing and rating the medical

institutions for their compliance with the

standards laid down by the Under-

Graduate Medical Education Board or the

Post-Graduate Medical Education Board, as

the case may be, in accordance with the

regulations made under this Act;

(b) grant permission for establishment

of a new medical institution, or to start any

postgraduate course or to increase number

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of seats, in accordance with the provisions

of section 28;

institutions for assessing and rating such

institutions in accordance with the

regulations made under this Act:

Provided that the Medical Assessment and

Rating Board may, if it deems necessary, hire

and authorise any other third party agency

or persons for carrying out inspections of

medical institutions for assessing and rating

such institutions:

Provided further that where inspection of

medical institutions is carried outby such

third party agency or persons authorised by

the Medical Assessmentand Rating Board, it

shall be obligatory on such institutions to

provide access to such agency or person;

(d) conduct, or where it deems

necessary, empanel independent rating

agencies to conduct, assess and rate all

medical institutions, within such period of

their opening, and every year thereafter,

at such time, and in such manner, as may

be specified by the regulations;

(e) make available on its website or in

public domain the assessment and ratings

of medical institutions at regular intervals

in accordance with the regulations made

under this Act;

(f) take such measures, including issuing

warning, imposition of monetary penalty,

reducing intake or stoppage of admissions

and recommending to the Commission for

withdrawal of recognition, against a

medical institution for failure to maintain

the minimum essential standards specified

by the Under-Graduate Medical Education

Board or the Post-Graduate Medical

Education Board, as the case may be, in

accordance with the regulations made

under this Act.

(2) The Medical Assessment and Rating

Board may, in the discharge of its functions,

make such recommendations to, and seek

such directions from, the Commission, as it

deems necessary.

27. Powers and functions of Ethics and

Medical Registration Board.— (1) The Ethics

and Medical Registration Board shall perform

the following functions, namely:—

(a) maintain National Registers of all

licensed

medical

practitioners

accordance with the provisions of section

31;

(b) regulate professional conduct and

promote medical ethics in accordance with

the regulations made under this Act:

Provided that the Ethics and Medical

Registration Board shall ensure compliance

of the code of professional and ethical

conduct through the State Medical Council

in a case where such State Medical Council

has been conferred power to take disciplinary

actions in respect of professional or ethical

misconduct by medical practitioners under

respective State Acts;

continuous interaction with State Medical

Councils to effectively promote and regulate

the conduct of medical practitioners and

professionals;

(d) exercise appellate jurisdiction with

respect to the actions taken by a State

Medical Council under section 30.

(2) The Ethics and Medical Registration

Board may, in the discharge of its duties,

make such recommendations to, and seek

such directions from, the Commission, as it

deems necessary.

28. Permission for establishment of new

medical college.— (1) No person shall

establish a new medical college or start any

postgraduate course or increase number of

seats without obtaining prior permission of

the Medical Assessment and Rating Board.

(2) For the purposes of obtaining permission

under sub-section (1), a person may submit

a scheme to the Medical Assessment and

Rating Board in such form, containing such

particulars, accompanied by such fee, and in

such manner, as may be specified by the

regulations.

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(3) The Medical Assessment and Rating

Board shall, having due regard to the criteria

specified in section 29, consider the scheme

received under sub-section (2) and either

approve or disapprove such scheme within a

period of six months from the date of such

receipt:

Provided that before disapproving such

scheme, an opportunity to rectify the defects,

if any, shall be given to the person concerned.

(4) Where a scheme is approved under sub-

section (3), such approval shall be the

permission under sub-section (1) to establish

new medical college.

(5) Where a scheme is disapproved under

sub-section (3), or where no decision is taken

within six months of submitting a scheme

under sub-section (1), the person concerned

may prefer an appeal to the Commission for

approval of the scheme within fifteen days of

such disapproval or, as the case may be, lapse

of six months, in such manner as may be

specified by the regulations.

(6) The Commission shall decide the appeal

received under sub-section (5) within a period

of forty-five days from the date of receipt of

the appeal and in case the Commission

approves the scheme, such approval shall be

the permission under sub-section (1) to

establish a new medical college and in case

the Commission disapproves the scheme, or

fails to give its decision within the specified

period, the person concerned may prefer a

second appeal to the Central Government

within thirty days of communication of such

disapproval or, as the case may be, lapse of

specified period.

(7) The Medical Assessment and Rating

Board

may

conduct

evaluation

and

assessment of any medical institution at any

time, either directly or through any other

expert having integrity and experience of

medical profession and without any prior

notice and assess and evaluate the

performance, standards and benchmarks of

such medical institution.

Explanation.— For the purposes of this

section, the term “person” includes a

University, trust or any other association of

persons or body of individuals, but does not

include the Central Government.

29. Criteria for approving or disapproving

scheme.— While approving or disapproving

a scheme under section 28, the Medical

Assessment and Rating Board, or the

Commission, as the case may be, shall take

into consideration the following criteria,

namely:—

(a) adequacy of financial resources;

(b) whether adequate academic faculty

and other necessary facilities have been

provided to ensure proper functioning of

medical college or would be provided

within the time-limit specified in the

scheme;

have been provided or would be provided

within the time-limit specified in the

scheme;

(d) such other factors as may be

prescribed:

Provided that, subject to the previous

approval of the Central Government, the

criteria may be relaxed for the medical

colleges which are set up in such areas as

may be specified by the regulations.

30. State Medical Councils.— (1) The State

Government shall, within three years of the

commencement of this Act, take necessary

steps to establish a State Medical Council if

no such Council exists in that State.

(2) Where a State Act confers power upon

the State Medical Council to take disciplinary

actions in respect of any professional or

ethical misconduct by a registered medical

practitioner or professional, the State Medical

Council shall act in accordance with the

regulations made, and the guidelines framed,

under this Act:

Provided that till such time as a State

Medical Council is established in a State, the

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Ethics and Medical Registration Board shall

receive the complaints and grievances

relating to any professional or ethical

misconduct against a registered medical

practitioner or professional in that State in

accordance with such procedure as may be

specified by the regulations:

Provided further that the Ethics and

Medical Registration Board or, as the case

may be, the State Medical Council shall give

an opportunity of hearing to the medical

practitioner or professional concerned before

taking any action, including imposition of any

monetary penalty against such person.

(3) A medical practitioner or professional

who is aggrieved by any action taken by a

State Medical Council under sub-section (2)

may prefer an appeal to the Ethics and

Medical Registration Board against such

action, and the decision, if any, of the Ethics

and Medical Registration Board thereupon

shall be binding on the State Medical Council,

unless a second appeal is preferred under

sub-section (4).

(4) A medical practitioner or professional

who is aggrieved by the decision of the Ethics

and Medical Registration Board may prefer

an appeal to the Commission within sixty

days of communication of such decision.

Explanation.—For the purposes of this

Act,—

(a) “State” includes Union territory and

the expressions “State Government” and

“State Medical Council”, in relation to a

Union territory, shall respectively mean the

“Central Government” and “Union territory

Medical Council”;

(b) the expression “professional or ethical

misconduct”

includes

any

act

commission or omission as may be

specified by the regulations.

31. National Register and State Register.—

(1) The Ethics and Medical Registration Board

shall maintain a National Register containing

the

name,

address,

all

recognised

qualifications possessed by a licensed medical

practitioner and such other particulars as

may be specified by the regulations.

(2) The National Register shall be

maintained in such form, including electronic

form, in such manner, as may be specified by

the regulations.

(3) The manner in which a name or

qualification may be added to, or removed

from, the National Register and the grounds

for removal thereof, shall be such as may be

specified by the regulations.

(4) The National Register shall be

a public document within the

meaning of section 74 of the Indian

Evidence Act, 1872.

(5) The National Register shall be made

available to the public by placing it on the

website of the Ethics and Medical

Registration Board.

(6) Every State Medical Council shall

maintain and regularly update the State

supply a physical copy of the same to the

Ethics and Medical Registration Board within

three months of the commencement of this

Act.

(7) The Ethics and Medical Registration

Board shall ensure electronic synchronisation

of the National Register and the State Register

in such a manner that any change in one

(8) The Ethics and Medical Registration

Board shall maintain a separate National

particulars, including the name, address and

all recognised qualifications possessed by a

Community Health Provider referred to in

section 32 in such manner as may be specified

by the regulations.

32. Community Health Provider.— (1) The

Commission may grant limited licence to

practice medicine at mid-level as Community

Health Provider to such person connected

with modern scientific medical profession

1 of 1872.

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who qualify such criteria as may be specified

by the regulations:

Provided that the number of limited licence

to be granted under this sub-section shall

not exceed one-third of the total number of

licenced medical practitioners registered

under sub-section (1) of section 31.

(2) The Community Health Provider who is

granted limited licences under sub-section

(1), may practice medicine to such extent, in

such circumstances and for such period, as

may be specified by the regulations.

(3) The Community Health Provider may

prescribe specified medicine independently,

only in primary and preventive healthcare,

but in cases other than primary and

preventive healthcare, he may prescribe

medicine only under the supervision of

medical practitioners registered under sub-

section (1) of section 32.

33. Rights of persons to have licence to

practice and to be enrolled in National

obligations thereto.— (1) Any person who

qualifies the National Exit Test held under

section 15 shall be granted a licence to

practice medicine and shall have his name

and qualifications enrolled in the National

be:

Provided that a person who has

been registered in the Indian

Medical Register maintained under

the Indian Medical Council Act, 1956

prior to the coming into force of this

Act and before the National Exit

Test becomes operational under

sub-section (3) of section 15, shall

be deemed to have been registered

under this Act and be enrolled in

the National Register maintained

under this Act.

(2) No person who has obtained medical

qualification from a medical institution

established in any country outside India and

is recognised as a medical practitioner in that

country, shall, after the commencement of

this Act and the National Exit Test becomes

operational under sub-section (3) of section

15, be enrolled in the National Register unless

he qualifies the National Exit Test.

(3) When a person whose name is entered

in the State Register or the National Register,

as the case may be, obtains any title, diploma

or other qualification for proficiency in

sciences or public health or medicine which

is a recognised medical qualification under

section 35 or section 36, as the case may be,

he shall be entitled to have such title, diploma

or qualification entered against his name in

the State Register or the National Register,

as the case may be, in such manner as may

be specified by the regulations.

34. Bar to practice.—(1) No person other

than a person who is enrolled in the State

may be, shall—

(a) be allowed to practice medicine as a

qualified medical practitioner;

(b) hold office as a physician or surgeon

or any other office, by whatever name

called, which is meant to be held by a

physician or surgeon;

medical or fitness certificate or any other

certificate required by any law to be signed

or authenticated by a duly qualified

medical practitioner;

(d) 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 on any matter relating to

medicine:

Provided that the Commission shall submit

a list of such medical professionals to the

Central Government in such manner as may

be prescribed:

Provided further that a foreign citizen who

is enrolled in his country as a medical

practitioner in accordance with the law

regulating the registration of medical

practitioners in that country may be permitted

102 of 1956.

1 of 1872.

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temporary registration in India for such

period and in such manner as may be

specified by the regulations.

(2) Any person who contravenes any of the

provisions of this section shall be punished

with imprisonment for a term which may

extend to one year, or with fine which may

extend to five lakh rupees or with both.

CHAPTER VI

Recognition of Medical Qualifications

35. Recognition of medical qualifications

granted by Universities or medical institutions

in India.— (1) The medical qualification

granted by any University or medical

institution in India shall be listed and

maintained by the Under-Graduate Medical

Education Board or the Post-Graduate

Medical Education Board, as the case may

be, in such manner as may be specified by

the regulations and such medical qualification

shall be a recognised medical qualification

for the purposes of this Act.

(2) Any University or medical institution in

India which grants an undergraduate or

postgraduate or super-speciality medical

qualification not included in the list

maintained by the Under-Graduate Medical

Education Board or the Post-Graduate

Medical Education Board, as the case may

be, may apply to that Board for granting

recognition to such qualification.

(3) The Under-Graduate Medical Education

Board or the Post-Graduate Medical

Education Board, as the case may be, shall

examine the application for grant of

recognition to a medical qualification within

a period of six months in such manner as

may be specified by the regulations.

(4) Where the Under-Graduate Medical

Education Board or the Post-Graduate

Medical Education Board, as the case may

be, decides to grant recognition to a medical

qualification, it shall include such medical

qualification in the list maintained by it and

also specify the date of effect of such

recognition.

(5) Where the Under-Graduate Medical

Education Board or the Post-Graduate

Medical Education Board, as the case may

be, decides not to grant recognition to a

medical qualification, the University or the

medical institution concerned may prefer an

appeal to the Commission for grant of

recognition within sixty days of the

communication of such decision, in such

manner as may be specified by the

regulations.

(6) The Commission shall examine the

appeal received under sub-section (5) within

a period of two months and if it decides that

recognition may be granted to such medical

qualification, it may direct the Under-

Graduate Medical Education Board or the

Post-Graduate Medical Education Board, as

the case may be, to include such medical

qualification in the list maintained by that

Board, in such manner as may be specified

by the regulations.

(7) Where the Commission decides not to

grant recognition to the medical qualification,

or fails to take a decision within the specified

period, the University or the medical

institution concerned may prefer a second

appeal to the Central Government within

thirty days of the communication of such

decision or lapse of specified period, as the

case may be.

(8) All medical qualifications

which have been recognised before

the date of commencement of this

Act and are included in the First

Schedule and Part I of the Third

Schedule to the Indian Medical

Council Act, 1956, shall also be

recognised medical qualifications for

the purposes of this Act, and shall

be listed and maintained by the

Under-Graduate Medical Education

Board or the Post-Graduate Medical

Education Board, as the case may

be, in such manner as may be

specified by the regulations.

102 of 1956.

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36. Recognition of medical qualifications

granted by medical institutions outside

India.—(1) Where an authority in any country

outside India, which by the law of that

country is entrusted with the recognition of

medical qualifications in that country, makes

an application to the Commission for granting

recognition to such medical qualification in

India, the Commission may, subject to such

verification as it may deem necessary, either

grant or refuse to grant recognition to that

medical qualification:

Provided that the Commission shall give a

reasonable opportunity of being heard to

such authority before refusing to grant such

recognition.

(2) A medical qualification which is granted

recognition by the Commission under sub-

section (1) shall be a recognised medical

qualification for the purposes of this Act, and

such qualification shall be listed and

maintained by the Commission in such

manner as may be specified by the

regulations.

(3) Where the Commission refuses to grant

recognition to the medical qualification under

sub-section (1), the authority concerned may

prefer an appeal to the Central Government

against such decision within thirty days of

communication thereof.

(4) All medical qualifications

which have been recognised before

the date of commencement of this

Act and are included in the Second

Schedule and Part II of the Third

Schedule to the Indian Medical

Council Act, 1956, shall also be

recognised medical qualifications for

the purposes of this Act, and shall

be listed and maintained by the

Commission in such manner as may

be specified by the regulations.

37. Recognition of medical qualifications

granted by statutory or other body in India.—

(1) The medical qualifications granted by any

statutory or other body in India which are

covered by the categories listed in the

Schedule shall be recognised medical

qualifications for the purposes of this Act.

(2) The Diplomate of National Board in

broad-speciality

qualifications

and

superspeciality qualifications when granted

in a medical institution with attached hospital

or in a hospital with the strength of five

hundred or more beds, by the National Board

of Examinations, shall be equivalent in all

respects to the corresponding postgraduate

qualification and the super-speciality

qualification granted under this Act, but in

all other cases, senior residency in a medical

college for an additional period of one year

shall be required for such qualification to be

equivalent for the purposes of teaching also.

(3) The Central Government may, on the

recommendation of the Commission, and

having regard to the objects of this Act, by

notification, add to, or, as the case may be,

omit from, the Schedule any categories of

medical qualifications granted by a statutory

or other body in India and on such addition,

or as the case may be, omission, the medical

qualifications granted by such statutory or

other body in India shall be, or shall cease to

be, recognised medical qualifications for the

purposes of this Act.

38. Withdrawal of recognition granted to

medical qualification granted by medical

institutions in India.—(1) Where, upon

receiving a report from the Medical

Assessment and Rating Board under section

26, or otherwise, if the Commission is of the

opinion that—

(a) the courses of study and examination

to be undergone in, or the proficiency

required

from

candidates

any

examination held by, a University or

medical institution do not conform to the

standards specified by the Under-Graduate

Medical Education Board or the Post-

Graduate Medical Education Board, as the

case may be; or

(b) the standards and norms for

infrastructure, faculty and quality of

education in medical institution as

102 of 1956.

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determined by the Under-Graduate

Medical Education Board or the Post-

Graduate Medical Education Board, as the

case may be, are not adhered to by any

University or medical institution, and such

University or medical institution has failed

to take necessary corrective action to

maintain specified minimum standards, the

Commission may initiate action in

accordance with the provisions of sub-

section (2):

Provided that the Commission shall, before

taking any action for suo motu withdrawal of

recognition

granted

the

medical

qualification awarded by a University or

medical institution, impose penalty in

accordance with the provisions of clause (f)

of sub-section (1) of section 26.

(2) The Commission shall, after making

such further inquiry as it deems fit, and after

holding consultations with the concerned

State Government and the authority of the

concerned University or medical institution,

comes to the conclusion that the recognition

granted to a medical qualification ought to

be withdrawn, it may, by order, withdraw

recognition granted to such medical

qualification and direct the Under-Graduate

Medical Education Board or the Post-

Graduate Medical Education Board, as the

case may be, to amend the entries against

the University or medical institution

concerned in the list maintained by that

Board to the effect that the recognition

granted to such medical qualification is

withdrawn with effect from the date specified

in that order.

39. Derecognition of medical qualifications

granted by medical institutions outside

India.— Where, after verification with the

authority in any country outside India, the

Commission is of the opinion that a recognised

medical qualification which is included in the

list maintained by it is to be derecognised, it

may, by order, derecognise such medical

qualification and remove it from the list

maintained by the Commission with effect

from the date of such order.

40. Special provision in certain cases for

recognition of medical qualifications.— Where

the Commission deems it necessary, it may,

by an order published in the Official Gazette,

direct that any medical qualification granted

by a medical institution in a country outside

India, after such date as may be specified in

that notification, shall be a recognised medical

qualification for the purposes of this Act:

Provided that medical practice by a person

possessing such qualification shall be

permitted only if such person qualifies

National Exit Test.

CHAPTER VII

Grants, Audit and Accounts

41. Grants by Central Government.— The

Central Government may, after due

appropriation made by Parliament by law in

this behalf, make to the Commission grants

of such sums of money as the Central

Government may think fit.

42. National Medical Commission Fund.—

(1) There shall be constituted a fund to be

called “the National Medical Commission

Fund” which shall form part of the public

account of India and there shall be credited

thereto—

(a) all Government grants, fees, penalties

and charges received by the Commission

and the Autonomous Boards;

(b) all sums received by the Commission

from such other sources as may be decided

by it.

(2) The Fund shall be applied for making

payment towards—

(a) the salaries and allowances payable

to the Chairperson and Members of the

Commission, the Presidents and Members

of the Autonomous Boards and the

administrative expenses including the

salaries and allowances payable to the

officers and other employees of the

Commission and Autonomous Boards;

(b) the expenses incurred in carrying out

the provisions of this Act, including in

connection with the discharge of the

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functions of the Commission and the

Autonomous Boards.

43. Audit and accounts.— (1) The

Commission shall maintain proper accounts

and other relevant records and prepare an

annual statement of accounts in such form

as may be prescribed, in consultation with

the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall

be audited by the Comptroller and Auditor-

General of India at such intervals as may be

specified by him and any expenditure

incurred in connection with such audit shall

be payable by the Commission to the

Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General

of India and any other persons appointed by

him in connection with the audit of the

accounts of the Commission shall have the

same rights and privileges and authority in

connection with such audit as the Comptroller

and Auditor-General generally has in

connection with the audit of Government

accounts and in particular, shall have the

right to demand the production of, and

complete access to, records, books, accounts,

connected vouchers and other documents

and papers and to inspect the office of the

Commission.

(4) The accounts of the Commission as

certified by the Comptroller and Auditor-

General of India or any other person

appointed by him in this behalf, together with

the audit report thereon, shall be forwarded

annually by the Commission to the Central

Government which shall cause the same to

be laid, as soon as may be after it is received,

before each House of Parliament.

44. Furnishing of returns and reports to

Central Government.— (1) The Commission

shall furnish to the Central Government, at

such time, in such form and in such manner,

as may be prescribed or as the Central

Government may direct, such reports and

statements, containing such particulars in

regard to any matter under the jurisdiction

of the Commission, as the Central Government

may, from time to time, require.

(2) The Commission shall prepare, once

every year, in such form and at such time as

may be prescribed, an annual report, giving

a summary of its activities during the

previous year and copies of the report shall

be forwarded to the Central Government.

(3) A copy of the report received under

sub-section (2) shall be laid by the Central

Government, as soon as may be after it is

received, before each House of Parliament.

CHAPTER VIII

Miscellaneous

45. Power of Central Government to give

directions to Commission and Autonomous

Boards.— (1) Without prejudice to the

foregoing provisions of this Act, the

Commission and the Autonomous Boards

shall, in exercise of their powers and

discharge of their functions under this Act,

be bound by such directions on questions of

policy as the Central Government may give

in writing to them from time to time:

Provided that the Commission and the

Autonomous Boards shall, as far as

practicable, be given an opportunity to

express their views before any direction is

given under this sub-section.

(2) The decision of the Central Government

whether a question is one of policy or not

shall be final.

46. Power of Central Government to give

directions to State Governments.— The

Central Government may give such

directions, as it may deem necessary, to a

State Government for carrying out all or any

of the provisions of this Act and the State

Government shall comply with such

directions.

47. Information to be furnished by

Commission and publication thereof.— (1)

The Commission shall furnish such reports,

copies of its minutes, abstracts of its accounts,

and other information to the Central

Government as that Government may require.

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(2) The Central Government may publish,

in such manner as it may think fit, the

reports, minutes, abstracts of accounts and

other information furnished to it under sub-

section (1).

48. Obligation of universities and medical

institutions.— Every University and medical

institution governed under this Act shall

maintain a website at all times and display

on its website all such information as may be

required by the Commission or an

Autonomous Board, as the case may be.

49. Completion of courses of studies in

medical institutions.— (1) Notwithstanding

anything contained in this Act, any student

who was studying for a degree, diploma or

certificate in any medical institution

immediately before the commencement of this

Act shall continue to so study and complete

his course for such degree, diploma or

certificate, and such institution shall continue

to provide instructions and examination for

such student in accordance with the syllabus

and studies as existed before such

commencement, and such student shall be

deemed to have completed his course of study

under this Act and shall be awarded degree,

diploma or certificate under this Act.

(2) Notwithstanding anything contained in

this Act, where recognition granted to a

medical institution has lapsed, whether by

efflux of time or by its voluntary surrender or

for any other reason whatsoever, such

medical institution shall continue to maintain

and provide the minimum standards required

to be provided under this Act till such time

as all candidates who are admitted in that

medical institution complete their study.

50. Joint sittings of Commission, Central

Councils of Homoeopathy and Indian medicine

to enhance interface between their respective

systems of medicine.— (1) There shall be a

joint sitting of the Commission, the Central

Council of Homoeopathy and the Central

Council of Indian Medicine at least once a

year, at such time and place as they mutually

appoint, to enhance the interface between

Homoeopathy, Indian Systems of Medicine

and modern systems of medicine.

(2) The agenda for the joint sitting may be

prepared with mutual agreement between the

Chairpersons of the Commission, the Central

Council of Homoeopathy and the Central

Council of Indian Medicine or be prepared

separately by each of them.

(3) The joint sitting referred to in sub-

section (1) may, by an affirmative vote of all

members present and voting, decide on

approving specific educational modules or

programmes that may be introduced in the

undergraduate course and the postgraduate

course across medical systems and promote

medical pluralism.

51. State Government to promote primary

healthcare in rural areas.— Every State

Government may, for the purposes of

addressing or promoting primary healthcare

in rural area, take necessary measures to

enhance the capacity of the healthcare

professionals.

52. Chairperson, Members, officers

of Commission and of Autonomous

Boards to be public servants.— The

Chairperson, Members, officers and

other employees of the Commission

and the President, Members and

officers and other employees of the

Autonomous Boards shall be

deemed, when acting or purporting

to act in pursuance of any of the

provisions of this Act, to be public

servants within the meaning of

section 21 of the Indian Penal Code.

53. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceeding shall lie against the Government,

the Commission or any Autonomous Board

or a State Medical Council or any Committee

thereof, or any officer or other employee of

the Government or of the Commission acting

under this Act for anything which is in good

faith done or intended to be done under this

Act or the rules or regulations made

thereunder.

45 of 1860.

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54. Cognizance of offences.— No court shall

take cognizance of an offence punishable

under this Act except upon a complaint in

writing made in this behalf by an officer

authorised by the Commission or the Ethics

and Medical Registration Board or a State

Medical Council, as the case may be.

55. Power of Central Government to

supersede Commission.— (1) If, at any time,

the Central Government is of opinion that—

(a) the Commission is unable to

discharge the functions and duties imposed

on it by or under the provisions of this

Act; or

(b) the Commission has persistently

made default in complying with any

direction issued by the Central Government

under this Act or in the discharge of the

functions and duties imposed on it by or

under the provisions of this Act, the Central

Government

may,

notification,

supersede the Commission for such period,

not exceeding six months, as may be

specified in the notification:

Provided that before issuing a notification

under

this

sub-section,

the

Central

Government shall give a reasonable

opportunity to the Commission to show cause

as to why it should not be superseded and

shall consider the explanations and

objections, if any, of the Commission.

(2) Upon the publication of a notification

under sub-section (1) superseding the

Commission,—

(a) all the Members shall, as from the

date of supersession, vacate their offices

as such;

(b) all the powers, functions and duties

which may, by or under the provisions of

this Act, be exercised or discharged by or

on behalf of the Commission, shall, until

the Commission is re-constituted under

sub-section (3), be exercised and

discharged by such person or persons as

the Central Government may direct;

the Commission shall, until the Commission

is re-constituted under sub-section (3), vest

in the Central Government.

(3) On the expiration of the period of

supersession specified in the notification

issued under sub-section (1), the Central

Government may,—

(a) extend the period of supersession for

such further term not exceeding six

months, as it may consider necessary; or

(b) re-constitute the Commission by fresh

appointment and in such case the Members

who vacated their offices under clause (a)

of sub-section (2) shall not be deemed

disqualified for appointment:

Provided that the Central Government may,

at any time before the expiration of the period

of supersession, whether as originally

specified under sub-section (1) or as

extended under this sub-section, take action

under clause (b) of this sub-section.

(4) The Central Government shall cause a

notification issued under sub-section (1) and

a full report of any action taken under this

section and the circumstances leading to

such action to be laid before both Houses of

Parliament at the earliest opportunity.

56. Power to make rules.—(1) The Central

Government may, by notification, make rules

to carry out the purposes of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the

following matters, namely:—

(a) the manner of appointing six

Members of the Commission on rotational

basis from amongst the nominees of the

States and Union territories in the Medical

Advisory Council under clause (b) of sub-

section (4) of section 4;

(b) the manner of appointing five

members of the Commission under clause

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by the Central Government under clause

(d) the salary and allowances payable

to, and other terms and conditions of

service of the Chairperson and Members

under sub-section (4) of section 6;

(e) the form and the manner of making

declaration under sub-section (6) of

section 6;

(f) the qualifications and experience to

be possessed by the Secretary of the

Commission under sub-section (2) of

section 8;

(g) the salaries and allowances payable

to, and other terms and conditions of

service of the Secretary, officers and other

employees of the Commission under sub-

section (6) of section 8;

(h) the other powers and functions of

the Commission under clause (j) of sub-

section (1) of section 10;

(i) the medical qualification and

experience to be possessed by a member

under the second proviso to section 11;

(j) the manner of choosing part-time

Members under sub-section (5) of section

17;

(k) the salary and allowances payable

to, and other terms and conditions of

service of the President and Members of

an Autonomous Board under sub-section

(2), and the allowances payable to part-

time

Members

under

the

proviso

thereunder, of section 19;

(l) the other factors under clause (d) of

section 29;

(m) the manner of submitting a list of

medical professionals under the second

proviso to sub-section (1) of section 34;

(n) the form for preparing annual

statement of accounts under sub-section

(1) of section 43;

(o) the time within which, and the form

and the manner in which, the reports and

statements shall be furnished by the

Commission and the particulars with

regard to any matter as may be required

by the Central Government under sub-

section (1) of section 44;

(p) the form and the time for preparing

annual report under sub-section (2) of

section 44;

(q) any other matter in respect of which

provision is to be made by rules.

57. Power to make regulations.— (1) The

Commission may, after previous publication,

by notification, make regulations consistent

with this Act and the rules made thereunder

to carry out the provisions of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

regulations may provide for all or any of the

following matters, namely:—

(a) the functions to be discharged by the

Secretary of the Commission under sub-

section (4) of section 8;

(b) the procedure in accordance with

which experts and professionals may be

engaged and the number of such experts

and professionals under sub-section (7) of

section 8;

meetings of Commission, including the

quorum at its meetings under sub-section

(3) of section 9;

(d) the quality and standards to be

maintained in medical education under

clause (a) of sub-section (1) of section 10;

(e) the manner of regulating medical

institutions, medical researches and

medical professionals under clause (b) of

sub-section (1) of section 10;

(f) the manner of functioning of the

Commission, the Autonomous Boards and

the State Medical Councils under clause

(d) of sub-section (1) of section 10;

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(g) the procedure to be followed at the

meetings of the Medical Advisory Council,

including the quorum at its meetings under

sub-section (3) of section 13;

(h) the other languages in which and

the manner in which the National

Eligibility-cum-Entrance Test shall be

conducted under sub-section (2) of section

14;

(i) the manner of conducting common

counselling by the designated authority for

admission to the undergraduate and

postgraduate super-speciality medical

education under sub-section (3) of section

14;

(j) the designated authority, and the

manner for conducting the National Exit

Test under sub-section (2) of section 15;

(k) the manner in which a person with

foreign medical qualification shall qualify

National Exit Test under sub-section (4) of

section 15;

(l) the manner in which admission to the

postgraduate broad-speciality medical

education shall be made on the basis of

National Exit Test under sub-section (5) of

section 15;

(m) the manner of conducting common

counselling by the designated authority for

admission to the postgraduate broad-

speciality medical education under sub-

section (6) of section 15;

(n) the number of, and the manner in

which, the experts, professionals, officers

and other employees shall be made

available by the Commission to the

Autonomous Boards under section 21;

(o) the curriculum at undergraduate level

under clause (b) of sub-section (1) of

section 24;

(p) the curriculum for primary medicine,

community medicine and family medicine

under clause (c) of sub-section (1) of section

24;

(q)

the

manner

imparting

undergraduate courses by medical

institutions under clause (d) of sub-section

(1) of section 24;

(r) the minimum requirements and

standards for conducting courses and

examinations for undergraduates in

medical institutions under clause (e) of sub-

section (1) of section 24;

(s) the standards and norms for

infrastructure, faculty and quality of

education at undergraduate level in

medical institutions under clause (f) of sub-

section (1) of section 24;

(t) the standards of medical education

the

postgraduate

level

and

superspeciality level under clause (a) of

sub-section (1) of section 25;

(u) the curriculum at postgraduate level

and super-speciality level under clause (b)

of sub-section (1) of section 25;

(v)

the

manner

imparting

postgraduate and super-speciality courses

by medical institutions under clause (c) of

sub-section (1) of section 25;

(w) the minimum requirements and

standards for conducting postgraduate and

super-speciality courses and examinations

in medical institutions under clause (d) of

sub-section (1) of section 25;

(x) the standards and norms for

infrastructure, faculty and quality of

education

medical

institutions

conducting postgraduate and super-

speciality medical education under clause

(e) of sub-section (1) of section 25;

(y) the procedure for assessing and

rating the medical institutions under clause

(a) of sub-section (1) of section 26;

(z) the manner of carrying out

inspections of medical institutions for

assessing and rating such institutions under

clause (c) of sub-section (1) of section 26;

(za) the manner of conducting, and

the manner of empanelling independent

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rating agencies to conduct, assessment

and rating of medical institutions under

clause (d) of sub-section (1) of section

26;

(zb) the manner of making available

on website or in public domain the

assessment and ratings of medical

institutions under clause (e) of sub-

section (1) of section 26;

(zc) the measures to be taken against

a medical institution for its failure to

maintain

the

minimum

essential

standards under clause (f) of sub-section

(1) of section 26;

(zd) the manner of regulating

professional conduct and promoting

medical ethics under clause (b) of sub-

section (1) of section 27;

(ze) the form of scheme, the particulars

thereof, the fee to be accompanied and

the manner of submitting scheme for

establishing a new medical college or

for starting any postgraduate course or

for increasing number of seats under

sub-section (2) of section 28;

(zf) the manner of making an appeal

to the Commission for approval of the

scheme under sub-section (5) of section

28;

(zg) the areas in respect of which

criteria may be relaxed under the proviso

to section 29;

(zh) the manner of taking disciplinary

action by a State Medical Council for

professional or ethical misconduct of

registered medical practitioner or

professional and the procedure for

receiving complaints and grievances by

Ethics and Medical Registration Board,

under sub-section (2) of section 30;

(zi) the act of commission or omission

which amounts to professional or ethical

misconduct under clause (b) of the

Explanation to section 30;

(zj) other particulars to be contained

in a National Register under sub-section

(1) of section 31;

(zk) the form, including the electronic

form and the manner of maintaining the

National Register under sub-section (2)

of section 31;

(zl) the manner in which any name or

qualification may be added to, or

removed from, the National Register and

the grounds for removal thereof, under

sub-section (3) of section 31;

(zm) the form and manner in which

the National Register for registering

Community Health Provider is to be

maintained under sub-section (8) of

section 31;

(zn) the criteria for granting limited

licence to practice medicine under sub-

section (1) of section 32;

(zo) the extent, the circumstances and

the period under sub-section (2) of

section 32;

(zp) the manner of listing and

maintaining medical qualifications

granted by a University or medical

institution in India under sub-section (1)

of section 35;

(zq) the manner of examining the

application for grant of recognition under

sub-section (3) of section 35;

(zr) the manner of preferring an appeal

to the Commission for grant of

recognition under sub-section (5) of

section 35;

(zs) the manner of including a medical

qualification in the list maintained by the

Board under sub-section (6) of section

35;

(zt) the manner of listing and

maintaining medical qualifications which

have been granted recognition before

the date of commencement of this Act

under sub-section (8) of section 35.

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58. Rules and regulations to be laid before

Parliament.— Every rule and every regulation

made, and every notification issued, under

this Act 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 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 regulation or notification; both Houses

agree that the rule or regulation or notification

should not be made, the rule or regulation or

notification 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 or regulation

or notification.

59. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order published in the Official

Gazette, make such provisions not inconsistent

with the provisions of this Act, as may appear

to it to be necessary, for removing the

difficulty:

Provided that no order shall be made under

this section after the expiry of a period of

two years from the commencement of this

Act.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.

60. Repeal and saving.— (1) With

effect from such date as the Central

Government may appoint in this

behalf, the Indian Medical Council

Act, 1956 shall stand repealed and

the Medical Council of India

constituted under sub-section (1) of

section 3 of the said Act shall stand

dissolved.

(2) Notwithstanding the repeal of the Act

referred to in sub-section (1), it shall not

affect,—

(a) the previous operation of the Act so

repealed or anything duly done or suffered

thereunder; or

(b) any right, privilege, obligation or

liability acquired, accrued or incurred

under the Act so repealed; or

contravention under the Act so repealed;

(d) any proceeding or remedy in respect

of any such right, privilege, obligation,

liability, penalty as aforesaid, and any such

proceeding or remedy may be instituted,

continued or enforced, and any such

penalty may be imposed as if that Act had

not been repealed.

(3) On the dissolution of the Medical

Council of India, the person appointed as the

Chairman of the Medical Council of India and

every other person appointed as the Member

and any officer and other employee of that

Council and holding office as such

immediately before such dissolution shall

vacate their respective offices and such

Chairman and other Members shall be

entitled to claim compensation not exceeding

three months’ pay and allowances for the

premature termination of term of their office

or of any contract of service:

Provided that any officer or other employee

who has been, immediately before the

dissolution of the Medical Council of India

appointed on deputation basis to the Medical

Council of India, shall, on such dissolution,

stand reverted to his parent cadre, Ministry

or Department, as the case may be:

Provided further that any officer or other

employee who has been, immediately before

the dissolution of the Medical Council of India,

employed on regular or contractual basis by

the Medical Council of India, shall, on and

from such dissolution, cease to be the officer

or employee of the Medical Council of India

and his employment in the Medical Council

102 of 1956.

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of India stand terminated with immediate

effect:

Provided also that such officer or employee

of the Medical Council of India shall be

entitled to such compensation for the

premature termination of his employment,

which shall not be less than three months’

pay and allowances, as may be prescribed.

(4) Notwithstanding the repeal of

the aforesaid enactment, any order

made, any licence to practice

issued, any registration made, any

permission to start new medical

college or to start higher course of

studies or for increase in the

admission capacity granted, any

recognition of medical qualifications

granted, under the Indian Medical

Council Act, 1956, which are in

force

the

date

commencement of this Act, shall

continue to be in force till the date

of their expiry for all purposes, as if

they had been issued or granted

under the provisions of this Act or

the rules or regulations made

thereunder.

61.

Transitory

provisions.—(1)

The

Commission shall be the successor in interest

to the Medical Council of India including its

subsidiaries or owned trusts and all the assets

and liabilities of the Medical Council of India

shall be deemed to have been transferred to

the Commission.

(2) Notwithstanding the repeal of

the Indian Medical Council Act,

1956, the educational standards,

requirements and other provisions

of the Indian Medical Council Act,

1956 and the rules and regulations

made thereunder shall continue to

be in force and operate till new

standards or requirements are

specified under this Act or the rules

and regulations made thereunder:

Provided that anything done or any action

taken as regards the educational standards

and requirements under the enactment under

repeal and the rules and regulations made

thereunder shall be deemed to have been

done or taken under the corresponding

provisions of this Act and shall continue in

force accordingly unless and until superseded

by anything done or by any action taken

under this Act.

THE SCHEDULE

[See section 37]

List of categories of Medical Qualifications granted by

Statutory Body or other body in India

Sl. No.

Categories of medical qualifications

1. All medical qualifications granted by the

Jawaharlal Institute of Postgraduate Medical

Education and Research, Puducherry.

2. All medical qualifications granted by All India

Institutes of Medical Sciences.

3. All medical qualifications granted by the

Postgraduate Institute of Medical Education

and Research, Chandigarh.

4. All medical qualifications granted by the

National Institute of Mental Health an Neuro-

Sciences, Bangalore.

5. All medical qualifications granted by the

National Board of Examination.

———t———

Law (Establishment) Division

Notification

12/14/2018-LD(Estt.)/528

In exercise of the powers conferred by

section 20B of the Specific Relief Act, 1963

(Act No. 47 of 1963) (hereinafter referred to

as the “said Act”) and in consultation with

the Hon’ble High Court of Bombay conveyed

vide letter No. B(W)A-2106 of 2019 dated

12-06-2019, the Government of Goa hereby

designates the Court of the Ad-hoc District

Judge–1 and Assistant Sessions Judge (FTC),

Panaji and the Court of the District Judge–2,

South Goa, Margao, as Special Courts, to

exercise jurisdiction and to try a suit under

the said Act in respect of contracts relating

102 of 1956.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

19TH MARCH, 2020

1681

to infrastructure projects, within the local

limits of their respective area.

This Notification shall come into force on

the date of its publication in the Official

Gazette.

By order and in the name of the

Governor of Goa.

Amir Y. Parab, Under Secretary (Law-Estt).

Porvorim, 6th March, 2020.

———ttt———

Department of Personnel

Notification

1/3/2010-PER

In exercise of the powers conferred by the

proviso to Article 309 of the Constitution of

India and in supersession of the Government

Notification

No.

1/3/2010-PER

dated

02-05-2012, for the post of Librarian,

published in the Official Gazette, Series I

No. 6 dated 10-05-2012, the Governor of Goa

hereby makes the following rules to regulate

the recruitment to the Group ‘C’, Non-Gazetted,

Non-Ministerial post, in the Secretariat,

Government of Goa, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the

Government of Goa, Secretariat, Group ‘C’,

Non-Gazetted,

Non-Ministerial

post,

Recruitment Rules, 2020.

(2) They shall apply to the post specified in

column (1) of the Schedule to these Rules

(hereinafter called as the “said Schedule”).

(3) They shall come into force from the date

of their publication in the Official Gazette.

2. Number, classification and level in the pay

matrix.— The number of posts, classification

of the said post and level in the pay matrix

thereof shall be as specified in columns (2) to

(4) of the said Schedule:

Provided that the Government may vary the

number of posts as specified in column (2) of

the said Schedule from time to time subject to

exigencies of work.

3. Method of recruitment, age limit and

other qualifications.— The method of recruit-

ment to the said post, age limit, qualifications

and other matters connected therewith shall

be as specified in columns (5) to (13) of the

said Schedule.

4. Disqualification.— No person who has

entered into or contracted a marriage with a

person having a spouse living or who, having

a spouse living, has entered into or contracted

a marriage with any person, shall be eligible

for appointment to the service:

Provided that the Government may, if

satisfied that such marriage is permissible

under the personal law applicable to such

person and the other party to the marriage and

that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where, the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for reasons

to be recorded in writing, relax any of the

provisions of these rules with respect to any

class or category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided for

Scheduled Castes, Scheduled Tribes, Other

Backward Classes, Ex-servicemen and other

special categories of persons in accordance

with the orders issued by the Government from

time to time in that regard.

By order and in the name of the

Governor of Goa.

Dr. Tariq Thomas, IAS, Special Secretary

(Personnel).

Porvorim, 24th February, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

19TH MARCH, 2020

1682

SCHEDULE

Whether age & educational

qualifications prescribed for the

direct recruits will apply in the

case of promotees

Group ‘C’

D.S.C./

/D.P.C.

N.A.

Selec-

tion

Not

exceeding

45 years

(Relaxable

for

Government

servants up

to five years

in accor-

dance with

the instruc-

tions or

orders

issued by

the Govern-

ment from

time to

time).

N.A.

Two

years

promotion,

failing

which, by

transfer on

deputation

and failing

both, by

direct

recruitment.

Promotion: Assistant

Librarian with five

years regular service

in the grade.

Transfer on

deputation:

Officials under State

Government holding

analogous post.

Officials under State

Government with

three years regular

service in the grade

of Assistant

Librarian or

equivalent,

possessing

educational

qualifications

prescribed in column

No. 7.

Essential:

(i) Bachelor Degree in

Library and Information

Science

from

recognized University/

Institution.

(ii)

Two

years

experience in recognized

Library of Government

Goa

any

Government recognized

Educational Institution.

(iii) Knowledge of

Computer applications/

operations.

(iv) Knowledge of

Konkani.

Desirable:

Knowledge of Marathi.

(2020)

(Subject

variation

depen-

dent on

workload).

Group

‘C’,

Non-

Gazetted,

Non-

Ministe-

rial.

L-6.

Librarian

If a

D.P.C./

/D.S.C.

exists,

what is its

compo-

sition

Circum-

stances in

which the

Goa Public

Service

Commission

is to be

consulted in

making

recruitment

Age limit

for direct

recruits

Period

proba-

tion,

if any

Method of

recruitment,

whether by direct

recruitment or by

promotion or

by deputation/

transfer/

/contract and

percentage of

the vacancies

to be filled by

various

methods

In case of recruit-

ment by promotion/

/deputation/

/transfer, grades

from which

promotion/

/deputation/

/transfer is

to be made

Educational

and other qualifications

required for

direct recruits

Whether

selection

post or

non-

-selection

post

Name/

/desig-

nation of

the post

Classifi-

cation

Number

posts

Level in

the Pay

Matrix

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

19TH MARCH, 2020

1683

Department of Public Health

Notification

23/20/2014-I/PHD/Part IV/552

In exercise of the powers conferred by

section 57 of the Goa, Daman and Diu Public

Health Act, 1985 (Act 25 of 1985) (hereinafter

called the said Act), the Government of Goa

hereby declares the following diseases to be

notifiable diseases for the purposes of part II

of the chapter VII of the said Act, throughout

the State of Goa:—

1. Coronavirus disease (COVID-19)

2. H1N1

By order and in the name of the Governor

of Goa.

Swati A. Dalvi, Under Secretary (Health).

Porvorim, 13th March, 2020.

________

Notification

23/20/2014-I/PHD/Part IV/553

In exercise of the powers conferred under

section 2, 3 and 4 of the Epidemic Disease

Act, 1897, the Government of Goa is pleased

to issue following regulations regarding

COVID-19 (Corona Virus Disease 2019):—

1. These regulations may be called “The

Goa Epidemic Disease, COVID-19 Regulations,

2020”.

2. “Epidemic Disease” in these regulations

means COVID-19 (Corona Virus Disease 2019).

3. Authorised persons under this Act are

Secretary (Health), District Collectors, Director

of Health Services, State Surveillance Officer,

Health/Medical Officers I/c of Community

Health Centres/Primary Health Centres/

/Urban Health Centres in the Districts and

Officers as authorized by Department of

Health Services.

4. All hospitals (Government & Private)

should have Flu corners that are segregated

from the common OPD area for screening of

suspected cases of COVID-19. Also hospitals

should identify separate beds for isolation if

need arises.

5. All hospitals (Government & private)

during screening of such cases shall record

the history of travel of the persons if he/she

travelled to any country or area where

COVID-19 has been reported. In addition the

history of coming in contact with a suspected

or confirmed case of COVID-19 shall be

recorded.

I. In case the person has any such history

in last 14 days and the person is

asymptomatic then the person must be

kept in home quarantine for 14 days from

the day of exposure.

II. In case the person has any history in

last 14 days and the person is symptomatic

as per case definition of COVID-19, person

must be isolated in a hospital as per

protocol and will be tested for COVID-19

as per protocol.

III. Information of all such cases should

be given to the respective Health Officer of

CHC/PHC/UHC of the block immediately.

6. No person/institution/organisation will

use any print or electronic media for

information regarding COVID-19 without prior

permission of Health Department, Goa. This

is to avoid spread of any rumour or

unauthenticated information regarding

COVID-19. In case, any person/institution/

/organisation is found indulging in such

activity, it will be treated as a punishable

offence under these regulations.

7. No private laboratories have been

authorized to take or test samples for

COVID-19 in the State of Goa. All such samples

will be collected as per the guidelines of

Government of India and these will be sent

to designated labs by the Nodal Officer

appointed by the Health Department, Goa.

8. Any person with a history of travel in

last 14 days to a country or area from where

COVID-19 has been reported, must report to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

19TH MARCH, 2020

1684

nearest Government Hospital or call at toll

free helpline number 104 so that necessary

measures if required may be intimated by

Health Department.

9. All persons with a history of travel to a

country or area from where COVID-19 has

been reported in last 14 days, but who do

not have any symptoms of cough, fever,

difficulty in breathing should isolate

themselves at home and cover their mouth

and nose with a mask.

Such persons must take precautions to

avoid contact with any person including

family members for 14 days from the date of

arrival from such areas.

10. Authorised persons as per section 3 of

these regulations are authorized under this

Act to admit a person and isolate the person

if required in case he/she has a history of

visit to an area where COVID-19 is endemic

and the concerned person is symptomatic.

11. If a suspected case of COVID-19 refuses

admission or isolation, the Officers authorized

in section 3 of these regulations will have the

powers to forcefully admit and isolate such

case for a period of 14 days from the onset of

symptoms or till the reports of Lab tests are

received, or such period as may be

necessary.

12. If case of COVID-19 are reported from

a defined geographic area such as village,

town, ward, colony, settlement, the District

Administration of the concerned District shall

have the right to implement following

containment measures, but not limited to

these, in order to prevent spread of the

disease.

i. Sealing of the geographical area.

ii. Barring entry and exit of population

from the containment area.

iii. Closure of schools, offices and

banning public gatherings.

iv. Banning vehicular movement in the

area.

v. Initiating active and passive

surveillance of COVID-19 cases.

vi. Hospital isolation of all suspected

cases.

vii. Designating any Government

Building as containment unit for isolation

of the cases.

viii. Staff of all Government departments

will be at disposal of district administration

of the concerned area for discharging the

duty of containment measures.

ix. Any other measure as directed by

Health Department, Goa.

13.

District

Disaster

Management

Committee headed by the Collector is

authorized for planning strategy regarding

containment measures for COVID-19 in their

respective Districts. The Collector may co-opt

more Officers from different departments for

District Disaster Management Committee for

this activity under these regulations.

14. Penalty: Any person/institution/

/organization found violating any provision

of these regulations shall be deemed to have

committed an offence punishable under

section 188 of Indian Penal Code (45 of 1860).

The Collector of a district may penalize any

person/institution/organization if found

violating provisions of these regulations or

any further orders issued by Government

under these regulations.

15. Protection to persons acting under Act:

No suit or legal proceeding shall lie against

any person for anything done or intended to

be done in good faith under this Act unless

proved otherwise.

16. These regulations shall come into force

immediately and shall remain valid for a

period of one year from the date of publication

of this notification.

By order and in the name of the Governor

of Goa.

Swati A. Dalvi, Under Secretary (Health).

Porvorim, 13th March, 2020.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 51

19TH MARCH, 2020

1685

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