Legislation UpdatesRules & Regulations

G.S.R. 650(E).––In exercise of the powers conferred by clauses (a), (b), (c), (d) (e), (f), (g), (h) and (q) of sub-section (2) of Section 56 of the National Medical Commission Act, 2019 (30 of 2019), the Central Government hereby makes the following rules, namely:––

1. Short title and commencement.––(1) These rules may be called the National Medical Commission (Manner of Appointment and Nomination of Members, their Salary, Allowances and Terms and Conditions of Service, and Declaration of Assets, Professional and Commercial Engagements) Rules, 2019.

(2)They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.––(1) In these rules, unless the context otherwise requires,––

(a) “Act” means the National Medical Commission Act, 2019 (30 of 2019);

(b) “Commission” means the National Medical Commission constituted under Section 3 of the Act;

(c) “section” means a section of the Act.

(2) Words and expressions used in these rules and not defined herein but defined in the Act, shall have the respective meanings assigned to them in the Act.

3. Manner of appointment of part-time Members of Commission under clauses (b) and (c) of sub-section (4) of Section 4–– (1) The Members shall be appointed by the Central Government for a period of two years.

(2) The part-time members of the Commission to be appointed under clauses (b) and (c) of sub-section (4) of Section 4 shall be selected by draw of lots from the nominees of States and Union territories in the Medical Advisory Council.

(3) The draw of lots shall be conducted in two categories on such date as may be decided by the Central Government.

(4) The draw of lots shall be conducted with paper slips of uniform size, colour and design bearing individual names of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality.

(5) The first category of the draw of lots shall be conducted for ten part-time Members from the nominees of States and Union territories amongst the Members of the Medical Advisory Council, nominated under clauses (c) and (d) of sub-section (2) of Section 11.

(6) The second category of the draw of lots shall be conducted for nine part-time Members from the nominees of States and Union territories by the respective State Medical Council amongst the elected Members of the State Medical Council, nominated under clause (e) of sub-section (2) of Section 11:

Provided that for the purposes of ensuring representation of maximum States and Union territories, the States and Union territories whose nominees were selected from the draw of lots held for the first category shall be excluded in the draw of lots to be held for the second category.

(7) The total number of paper slips shall correspond to the total number of States and Union territories, irrespective of whether a State or Union territory has valid nomination under clauses (c), (d) and (e) of sub-section (2) of Section 11, respectively.

(8) During the draw of lots as mentioned in sub-rules (5) and (6), one paper slip shall be picked up at a time till all Members are decided in a given category.

(9) Where a paper slip is picked up for a State or Union territory, which does not have a nominee in the respective category, the paper slip shall be kept aside till the draw of lots for the particular category is completed and it shall be put back when the draw of lots for the second category commences.

(10) Every draw of lots subsequent to the first term of two years shall be conducted in two stages, first by a restricted draw of lots for the two categories referred to in sub-rules (5) and (6) to be drawn from among those States and Union territories, which were not selected in the draw of lots held for selection of the Members of the Commission in accordance with this rule and for selection of the fourth Member of Autonomous Boards in accordance with the National Medical Commission, Autonomous Boards (Manner of Appointment of Fourth Member and the Salary, Allowances and Terms and Conditions of Service, and Declaration of Assets, Professional and Commercial Engagements of President and Members) Rules, 2019, during the previous term.

(11) After such number of nominees have been selected through the restricted draw of lots as referred to in sub-rule (10) in respect of the States and Union territories for which Members were not selected for the previous term, the remaining nominees for part-time Members of the Commission under the two categories referred to in sub-rules (5) and (6) shall be selected from amongst the rest of the States and Union territories by draw of lots, respectively.

(12) No State or Union territory shall be represented by more than one nominee in the Commission at a time.

(13) The draw of lots shall be conducted in the presence of the Union Minister of Health and Family Welfare.

(14) The video recording of the entire process of draw of lots shall be made and all records relating to the draw of lots shall be kept for a period of six months on the website of the Ministry of Health and Family Welfare for public access.

(15) For the purpose of maintaining transparency during the process of draw of lots, media personnel shall be invited.

(16) Where the term of a nominee of a State or Union territory selected through draw of lots is reduced for any reason to less than two years, the Central Government shall appoint other nominee of the same State or Union territory for the remaining period on the basis of nomination by the concerned State or Union territory or the State Medical Council, as the case may be.

(17) The draw of lots to nominate Members of the Commission from among the nominees from the States and Union territories shall be conducted every consecutive two years.

* Please follow the link fro detailed notification: NOTIFICATION


Ministry of Health and Family Welfare

[Notification dt. 12-09-2019]

Legislation UpdatesRules & Regulations

G.S.R. 649(E).––In exercise of the powers conferred by clause (m) of sub-section (2) of Section 56 of the National Medical Commission Act, 2019 (30 of 2019), the Central Government hereby makes the following rules, namely:––

1. Short title and commencement.–– (1) These Rules may be called the National Medical Commission (Submission of List of Medical Professionals) Rules, 2019.

                           (2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions––(1) In these rules, unless the context otherwise requires,––

(a) “Act” means the National Medical Commission Act, 2019 (30 of 2019);

(b) “Commission” means the National Medical Commission constituted under Section 3 of the Act;

(c) “section” means a section of the Act.

(2) Words and expressions used in these rules and not defined herein but defined in the Act, shall have the respective meanings assigned to them in the Act.

3. Manner of submitting list of medical professionals under first proviso to sub-section (1) of Section 34––

(1) The Commission shall submit the list of medical professionals to the Central Government once in every six months in Form A and Form B of the Schedule annexed to these rules.

(2) The Commission shall submit the Forms referred to in sub-rule (1) in a portable document format (PDF) by electronic mode and forward two hard copies of the same by speed post to the Joint Secretary to the Government of India in-charge of the affairs of the National Medical Commission in the Ministry of Health and Family Welfare.

*Please follow the link for detailed notification — NOTIFICATION


[Notification dt. 12-09-2019]

Ministry of Health and Family Welfare

Amendments to existing lawsLegislation Updates

Parliament received the assent of the President on 08-08-2019 for National Medical Commission Act, 2019.

This Act is aimed towards the following objectives:

  • provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high-quality medical professionals in all parts of the country;
  • that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals;
  • that encourages medical professionals to adopt the latest medical research in their work and to contribute to research;
  • that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for India and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto.

The National Medical Council Act, 2019 will have in total of 60 Sections.

Major Sections under the Bill have been listed under:

Section 3 Constitution of National Medical Commission
Section 4 Composition of Commission
Section 5 Search Committee for the appointment of Chairperson and Members
Section 6 Term of office and conditions of service of Chairperson and Members
Section 7 Removal of Chairperson and Member of Commission
Section 8 Appointment of Secretary, experts, professionals, officers and other employees of Commission.
Section 9 Commission formed under Section 4 has to meet atleast once every quarter
Section 10 Powers and functions of the Commission are defined under this Section.
Section 11-13 Composition & Constitution of a ‘Medical Advisory Council’ which will be the primary platform through which ‘State and UT’s’ will put forth their concerns. Functions and powers of the same will also be defined.
Section 14 National Eligibility-cum-Entrance Test.
Section 15 “National Exit Test”: This will be the common final year UG Examination for granting licence to practice medicine as medical practitioners & enrolment in State Register or National Register.
Sections 16 to 27 These sections will comprise the formation of 4 autonomous boards. Their Powers and Functions along with sub-committees that will be formed under them.
Section 28 For starting a new medical college or start any PG Course or to increase the number of seats, the permission has to be taken from “Medical Assessment and Rating Board”.
Section 29 The Criteria for approving or disapproving as stated in Section 28 will depend on certain factors which are mentioned in this Section.
Section 30 State Medical Council, if not present in any State will be formed as per this Section.
Section 31 “Ethics and Medical Registration Board” as formed under Section 16 of the Act will be responsible for maintaining :

  • National Register & State Register

The said registers will be electronically maintained and synchronised.

Section 32 “Community Health Provider” Commission may grant limited licence to practice medicine at mid-level as Community Health Provider to such person connected with the modern scientific medical profession.
Section 33 Persons who qualify the “National Exit Test”, will have the right to obtain license to practice and get enrolled in the National Register or State register as defined under this Section.
Section 34 [Bar to Practice] This pertinent Section states that person who is not enrolled in the National or State Register shall not be allowed to practice medicine.
Section 35 [Recognition of Medical Qualifications] Medical qualification granted by any University or medical institution in India shall be listed and maintained by Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board
Sections 36 & 37 Recognition of medical qualifications granted by medical institutions outside India.&

Recognition of medical qualifications granted by statutory or other bodies in India.

Section 38 This Section pertains to the “withdrawal” of the recognition granted upon receiving a report from the Medical Assessment & Rating Board. The decision will be taken by the Commission.
Section 42 “National Medical Commission Fund” shall be constituted which will form a part of the public account of India.
Section 44 Furnishing of returns and reports to the Central Government.
Section 45 to 47 Power of Central Government to give directions to Commission and Autonomous Boards.
Section 50 Joint sitting of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine at least once a year.
Section 55 Power of Central Government to supersede Commission.
Section 56 Every rule and every regulation made, and every notification issued, 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.
Section 60 The Indian Medical Council Act, 1956 shall stand repealed and the Medical Council of India constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.

Ministry of Law and Justice