Vidhi Codex

section 57

Power to make regulations.

The National Medical Commission Act, 2019
Health201961 sections8 chapters
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Chapter VIII MISCELLANEOUS

Statutory text
  1. (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. (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;
    • (c) the procedure to be followed at the 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;
    • (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 of 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 at 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 of 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 in 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 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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