Section 50 in The National Commission for Indian System of Medicine Act, 2020

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 Registration Board or a State Medical Council for Indian System of Medicine, 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the Central Government shall give a reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the Commission.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 by 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: Joint sittings of Commission, National Commission for Homoeopathy and National Medical Commission

Description: (1) There shall be a joint sitting of the Commission, the National Commission for Homoeopathy, and the National Medical Commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between Indian System of Medicine, Homoeopathy and modern system of medicine. (2) The Agenda for the joint sitting may be placed with mutual agreement by the Chairpersons of the Commissions concerned. (3) The joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programme that could be introduced in the under-graduate and post-graduate courses across medical systems, and promote medical pluralism.

Title: State Government to promote public health.

Description: Every State Government may, for the purposes of addressing or promoting public health, take necessary measures to enhance the capacity of the healthcare professionals.

Title: Power to make rules.

Description: (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of appointing ten Members of the Commission on rotational basis from amongst the nominees of the States and Union territories in the Advisory Council under clause (b) of sub-section (4) of section 4; (b) the manner of appointing members under clause (c) of sub-section (4) of section 4; (c) the manner of nominating one expert by the Central Government under clause (d) 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 Secretary under sub-section (2) of section 8; (g) the salaries and allowances payable to, and other terms and conditions of the Secretary, officers and other employees of the Commission under sub-section (6) of section 8; (h) the other powers to be exercised and other functions to be performed by the Commission under clause (j) of sub-section (1) of section 10; (i) 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) of section 21; (j) the other factors under clause (d) of section 30. (k) the manner of submitting a list of practitioners under the first proviso to sub-section (1) of section 34; (l) the form for preparing annual statement of accounts under sub-section (1) of section 41; (m) 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 42; (n) the form and the time for preparing annual report under sub-section (2) of section 42; (o) the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 58; (p) any other matter in respect of which provision is to be made by rules.

The National Commission for Indian System of Medicine Act, 2020