Section 1 in The National Commission for Indian System of Medicine Act, 2020

Title: Short title, extent and commencement.

Description: (1) This Act may be called the National Commission for Indian System of Medicine Act, 2020. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that 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. 1. 7th October, 2020-- S. 3,4,5,6,8,11,18,19,20,21,54 and 55 vide notification No. S.O. 3483(E), dated 7th October, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "Autonomous Board" means any of the Autonomous Boards constituted under section 18; (b) "Board of Ayurveda" means the Board constituted under section 18; (c) "Board of Ethics and Registration for Indian System of Medicine" means the Board constituted under section 18; (d) "Board of Unani, Siddha and Sowa-Rigpa" means the Board constituted under section 18; (e) "Chairperson" means the Chairperson of the National Commission for Indian System of Medicine appointed under section 5; (f) "Commission" means the National Commission for Indian System of Medicine constituted under section 3; (g) "Council" means the Advisory Council for Indian System of Medicine constituted under section 11; (h) "Indian System of Medicine" means the Ashtang Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine supplemented by such modern advances, scientific and technological development as the Commission may, in consultation with the Central Government, declare by notification from time to time; (i) "licence" means a licence to practice any of the Indian System of Medicine granted under sub-section (1) of section 33; (j) "Medical Assessment and Rating Board for Indian System of Medicine" means the Board constituted under section 18; (k) "medical institution" means any institution within or outside India which, grants degrees, diplomas or licences in Indian System of Medicine and includes affiliated colleges and deemed to be Universities; (l) "Member" means a Member of the Commission referred to in section 4 and includes the Chairperson thereof;\ (m) "National Register" means a National Medical Register for Indian System of Medicine maintained by the Board of Ethics and Registration for Indian System of Medicine under section 32; (n) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (o) "prescribed" means prescribed by rules made under this Act; (p) "President" means the President of an Autonomous Board appointed under section 20; (q) "regulations" means the regulations made by the Commission under this Act; (r) "State Medical Council" means a State Medical Council of Indian System of Medicine 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 Indian System of Medicine in that State or Union territory; (s) "State Register" means a State Register for Indian System of Medicine maintained under any law for the time being in force in any State or Union territory for registration of practitioners of Indian System of Medicine; (t) "University" shall have the same meaning as assigned to it in clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes a health university.

Title: Constitution of National Commission for Indian System of Medicine.

Description: (1) The Central Government shall, by notification, constitute a Commission, to be known as the National Commission for Indian System of Medicine, to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (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.

Title: Composition of Commission.

Description: (1) The Commission shall consist of the following persons, namely:-- (a) a Chairperson; (b) fifteen ex officio Members; and (c) twenty-three part-time Members. (2) The Chairperson shall be a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any of the disciplines of Indian System of Medicine from a recognised University and having experience of not less than twenty years in any field of Indian System of Medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of Indian System of Medicine or its education. (3) The following persons shall be appointed by the Central Government as ex officio Members of the Commission, namely:-- (a) the President of the Board of Ayurveda; (b) the President of the Board of Unani, Siddha and Sowa-Rigpa; (c) the President of the Medical Assessment and Rating Board for Indian System of Medicine; (d) the President of the Board of Ethics and Registration for Indian System of Medicine; (e) Advisor (Ayurveda) or Joint Secretary to the Government of India in-charge of Ayurveda and Advisor (Unani) or Joint Secretary to the Government of India in-charge of Unani, in the Ministry of AYUSH; (f) the Director, All India Institute of Ayurveda, New Delhi; (g) the Director General, Central Council for Research in Ayurvedic Sciences, New Delhi; (h) the Director General, Central Council for Research in Unani Medicine, New Delhi; (i) the Director General, Central Council for Research in Siddha, Chennai; (j) the Director, National Institute of Siddha, Chennai; (k) the Director, National Institute of Unani, Bengaluru; (l) the Director, North Eastern Institute on Ayurveda and Homoeopathy, Shillong; (m) the Director, Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar; and (n) the Director, National Institute of Ayurveda, Jaipur. (4) The following persons shall be appointed by the Central Government as part-time Members of the Commission, namely:-- (a) four Members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in any of the disciplines of Indian System of Medicine, Sanskrit, Urdu, Tamil, management, law, health research, science and technology and economics; (b) ten Members to be appointed on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council for Indian System of Medicine for a term of two years in such manner as may be prescribed; (c) six members from Ayurveda, one member each from Siddha, Unani and Sowa-Rigpa, to be appointed from amongst the nominees of the States and Union territories, under clause (d) of sub-section (2) of section 11, in the Advisory Council for Indian System of Medicine, for a term of two years in such manner as may be prescribed: Provided that no Member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or nongovernment medical institution which is regulated under this Act. Explanation.--For the purpose of this section and section 19, the term "leader" means the Head of a Department or the Head of an Organisation.

Title: Search Committee for appointment of Chairperson and Members.

Description: (1) The Central Government shall appoint the Chairperson, referred to in section 4 and the President of the Autonomous Boards referred to in section 20 on the recommendation of a Search Committee consisting of— (a) the Cabinet Secretary--Chairperson; (b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in any of the fields of Indian System of Medicine, to be nominated by the Central Government--Members; (c) one expert, from amongst the 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 Sanskrit, Urdu, Tamil, health research, management, law, economics or science and technology, to be nominated by the Central Government--Member; (e) the Secretary to the Government of India in charge of the Ministry of AYUSH, to be the Convenor--Member: Provided that for selection of part-time Members of the Commission referred to in clause (a) of subsection (4) of section 4, the Secretary referred to in section 8 and other Members of the Autonomous Boards referred to in section 20, the Search Committee shall consist of Members specified in the clauses (b) to (d) and Joint Secretary to the Government of India in the Ministry of AYUSH as ConvenorMember and chaired by Secretary to the Government of India in charge of the Ministry of AYUSH. (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) Before recommending any person for appointment as the Chairperson or a Member of the Commission, the Search Committee shall 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.

The National Commission for Indian System of Medicine Act, 2020