Section 52 in The National Commission for Indian System of Medicine Act, 2020

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.

Title: Power to make regulations.

Description: (1) The Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (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 education of Indian System of Medicine 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, the designated authority through 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 medical institutions under sub-section (3) of section 14; (j) the manner of admission of students to undergraduate courses under sub-section (4) of section 14; (k) the other languages in which, the designated authority through which, and the manner in which, the National Exit Test shall be conducted under sub-section (2) of section 15; (l) the manner in which a person with foreign medical qualification shall qualify National Exist Test under sub-section (4) of section 15; (m) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16; (n) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16; (o) the manner of conducting the National Teachers’ Eligibility Test for Indian System of Medicine and the designated authority through whom such test shall be conducted under sub-section (2) of section 17; (p) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the Commission to the Autonomous Boards under section 23; (q) the manner in which decisions of the Autonomous Boards shall be made under sub-section (2) of section 24; (r) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26; (s) the manner of imparting undergraduate, postgraduate and super-speciality courses in Ayurveda, Unani, Siddha and Sowa-Rigpa under clause (c) of sub-section (1) of section 26; (t) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26; (u) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of Indian System of Medicine under clause (e) of sub-section (1) of section 26; (v) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27; (w) the procedure for assessment and rating of the medical institutions under clause (a) of sub-section (1) of section 28; (x) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28; (y) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28; (z) 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 28; (za) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28; (zb) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2) of section 29; (zc) the manner of preferring an appeal to the Commission for approval of the scheme under sub-section (5) of section 29; (zd) the areas in respect of which criteria may be relaxed under the proviso to section 30; (ze) the manner of taking disciplinary action by a State Medical Council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the Board of Ethics and Registration for Indian System of Medicine, under sub-section (2) of section 31; (zf) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the Explanation to section 31; (zg) other particulars to be contained in a National Register under sub-section (1) of section 32; (zh) the form, including the electronic form and the manner of maintaining the National Register under sub-section (2) of section 32; (zi) 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 32; (zj) the manner of entering the title, diploma or qualification in the State Register or the National Register under sub-section (3) of section 33; (zk) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the second proviso to sub-section (1) of section 34; (zl) the manner of listing and maintaining medical qualifications granted by a University or medical institution in India under sub-section (1) of section 35; (zm) the manner of examining the application for grant of recognition under sub-section (3) of section 35; (zn) the manner of preferring an appeal to the Commission for grant of recognition under sub-section (5) of section 35; (zo) the manner of including a medical qualification in the list maintained by the Board under sub-section (6) of section 35; (zp) the manner in which the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (8) of section 35; (zq) the manner in which the Commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this Act, under sub-section (4) of section 36.

Title: Rules and regulations to be laid before Parliament.

Description: Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

The National Commission for Indian System of Medicine Act, 2020