Section 52 in The National Medical Commission Act 2019

Title: Chairperson Members officers of Commission and of Autonomous Boards to be public servants

Description: 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 1860 (45 of 1860).

Title: Protection of action taken in good faith

Description: 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.

Title: Cognizance of offences

Description: 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.

Title: Power of Central Government to supersede Commission

Description: 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, by 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the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.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; (c) all property owned or controlled by 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.

Title: Power to make rules

Description: (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 (c) of sub-section (4) of section 4; (c) the manner of nominating one expert by the Central Government under clause (c) of sub-section (1) of section 5; (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.

CHAPTER 8 MISCELLANEOUS