The Indian Medical Council Act, 1956 was enacted on 30th December, 1956. It extends to whole India. But act would come into force on that date when, central government notify in gazette. Basically act is constituted for Medical Council of India and Maintenance of Medical Register of India and other related matters. For this act, “Medical Institution means, any institution within or out of India, which grants degree, diploma or licences in medicine”, “Approved Institute means, a hospital, health care or other such institution recognised by university as an institution in which a person may undergo the training if required by this course of study before awarding any medical qualification to him”, “Medicine means, modern scientific medicine in all its branches and includes surgery and obstetrics but does not include veterinary medicine and surgery”.
Council will Consist of one member from each state other than Union territory, which is nominated by central government in consultation with central government, one member from each university, that to elect among members of medical faculty, one member from each state in which Medical Register is maintained and to be elected among such persons, seven members to be elected from among themselves by person enrolled on any of state medical register, eight other members to be nominated by central government. President and vice-president should be elected by members among themselves.
To elect all members central government conduct elections in accordance with provisions and rules. Any member who does not posses medical qualification is not eligible for nomination. Council is separate identity which is named under “Indian Medical Council”, and thus has perpetual succession with common seal, which can hold property both movable and immovable can enter into contract in its own name and can sue and be sued in its own name. Council will hold meeting once in year in such place and time as decided with fifteen members forming quorum and majority will decide voting.
Any person cannot open medical college or no medical college will open new or higher studies or training which would qualify student to award medical qualification, increase admission capacity in any course or training but if want to do all this then need to take permission from central government, thus, central government may refer scheme to council as there recommendations. If there is no permission granted from central government to any medical college such college is not allowed grant any awards or training for medical profession i.e., such college will not be recognised college and such college training an awards are prohibited in society.
If any college opened before 1st day of June or on or before commencement of act if medical college opened or if any college opened for higher studies or training then such college has to seek permission with one year from such commencement of the provision of the act, from central government and if such person or college fails to apply then refuse such college recognition. University or institution which grants medical qualification is recognised to provide medical qualification. As per provision contained in this act, medical qualification shall be sufficient to enroll that person in state medical register as thus he can practice and person who not enrolled in state medical register cannot practice medical profession. Hence, person who enrol themselves in state medical register they can be surgeon, or physician as designated by government, practice medicine in any state, will be entitle or authenticate medical fitness certificate and any such certificate that is required to provide by law, will also asked to present evidence in court as and when required as per Indian Evidence Act, 1872. Any person who breach the rules laid under this act, shall be punished with imprisonment for term of one year or fine up to one thousand rupees or both.
University has to provide information to council as and when asked, and would be in connection with course offered and examination held by university so that central government may confer medical qualification. Thus, committee may appoint person as visitor who would inspect the university or college and then submit his report and on his report recognition of university or college is depended, if his report is negative then recognition of such college for giving medical qualification is debarred. Thus, committee shall declare certain standards for entering into medical qualification and such standard report is send to all college and university lending medical qualification and in such manner there are code of ethics that are to be followed by every medical practitioners which are prescribe by council. Any Act which is done by government, council or state medical register in good faith or good conscience then there wont be any legal suit or proceeding against them.
by Samata. H. Joshi