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Union of India - Section
Section 15 in The Indian Medicine Central Council Act, 1970
15.
/733Statement of Objects and Reasons.-The question of establishing a statutory com-posite Central Council for Indian systems of medicine (Ayurveda, Siddha and Unani) and Homoeopathic system of medicine, on the analogy of Medical Council of India has been under consideration of the Government of India for some time past.2. Minimum standards for admission, duration of courses of training, details of curricula and syllabi of studies and the title of the degree or diploma vary from State to State and even from institution to institution in the same State. A number of Committees appointed by the Government of India to consider problems relating to the Indian system of medicine and Homoeopathy have recommended that a statutory Central Council on the lines of the Medical Council of India for modern system of medicine is a prerequisite for the proper development of these systems of medicine.3. Some States have constituted State Boards or Councils, either by legislation or by executive orders for the purpose of registration of practitioners in the various systems of Indian Medicine and Homoeopathy as well as recognition of qualifications. There is, however, no Central legislation for the regulation of practice or for minimum standards of training and conduct of examinations in these systems of medicine on an all-India basis. In the absence of such legislation there is no effective control over the large number of unregistered practitioners in these systems.4. The Central Council of Health at its 13th meeting in June, 1966, while discussing the policy on Ayurvedic education, recommended the setting up of a Central Council for Indian systems of Medicine to lay down and regulate standards of education and examinations, qualifications and practice in these systems.5. The main functions of the Central Council would be to evolve uniform standards of education in and registration of the practitioners of these systems of Indian Medicine and Homoeopathy. For this purpose the Central Council will constitute separate committees for Ayurveda, Siddha, Unani and Homoeopathy, consisting of members of the respective systems of medicine to deal with matters pertaining to those systems. The registration of practitioners on the Central Register of Indian Medicine and Homoeopathy will ensure that medicine is not practised by those who are not qualified in these systems, and those who practise observe a code of ethics in the profession.6. The Bill is intended to achieve these objects.Amendment Act 52 of 2002-Statement of Objects and Reasons.-The Indian Medicine Central Council Act. 1970 was enacted for the constitution of Central Council of Indian Medicine so as to maintain a Central Register of Ayurveda, Siddha and Unani practitioners and to regulate education and practice of Indian systems of medicine.2. Experience in implementing the provisions of the Act has brought to light certain glaring inadequacies due to which the Central Council has been unable to enforce the provisions of the Act in letter and spirit. Presently, there are 196 colleges of Ayurveda, 35 of Unani and 5 of Siddha system of medicine spread over 20 States of the country. Annual admission capacity of these colleges for graduate course of Ayurveda is 7730 and for postgraduate courses 752. As many as 73 Ayurveda colleges were permitted by the Central Council from 1995 to 2001, out of which 45 are located in the States of Maharashtra and Karnataka alone. These two States have more than half of the total number of colleges in the country. There hasbeen enormous proliferation of sub-standard colleges during the last 5-6 years and almost all the new colleges happen to be from the private sector. It has been observed that the behaviour of the Central Council is contrary to its duties and responsibilities and it has not been able to act judiciously to enforce minimum standards of education as is required under the regulations made under the Act.3. Recently, it has been observed that some State Governments give approval for the opening of new colleges in Indian Systems of the Medicine on their own, without insisting on the provision of basic facilities for teaching and training. It was also observed that even executive members of the Central Council have been included in the college inspection teams despite clear directions from the Ministry for not deputing such members for the purpose because they have to approve or disapprove the colleges on the basis of inspection reports. A disturbing trend has also been noticed that the Central Council has been meticulous in pointing out deficiencies in the Government-non-colleges but has ignored similar deficiencies in private colleges. There are instances when colleges being permitted in the first year were denied permission in subsequent years. Phenomenon of taking partisan decisions to permit one college and to deny permission to another college having similar infrastructure has also been noted. The procedure adopted for increasing and decreasing the seats has also been far from satisfactory. Seats are increased or decreased without proper evaluation. The Central Government is not in a position to take corrective steps as it has neither the power to intervene nor it can give any direction to the Central Council. Thus it has not been possible to ensure objectivity in the functioning of the Central Council. Above all, there is no provision in the Act, which puts an obligation on the colleges to seek approval of the Central Council for starting the courses of study in Indian Systems of Medicine.4. In these circumstances, the Central Government has considered it advisable in the public interest to bring in necessary amendment to the Act so as to empower the Central Government to regulate opening of new colleges in the Indian Systems of Medicine, introduction of new or higher courses of study and increase in their admission capacity. This would ensure that colleges with minimum standards alone are permitted to stan, in addition to ensuring objectivity and uniformity in their functioning.5. The Bill seeks to achieve the above objects.[21st December, 1970]An Act to provide for the constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine and for matters connected therewith.Be it enacted by Parliament in the Twenty-first year of the Republic of India as follows:-| Sections 2, 13, 32 to 36 (both inclusive came into force in the whole of India on 15.8.1971; Sections 3, 5 to 12 (both inclusive) and 14 to 16 (both inclusive) come into force in all the States except the State of Nagaland and the Union territory of Delhi on 15.8.1971. Vide S.O. 2994 published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 11.8.1971; Sections 18 to 22 came into force on 1.10.1974 vide S.O. 584(E), published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 1.10.1974; Section 17, 23 to 31 came into force on 1.10.1976 vide S.O. 626(E), dated 10.9.1976, published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 21.9.1976; Section 4 came into force on 17.11.1983 vide S.O. 816(E), published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 17.11.1983. |