The Indian Medical Council (Amendment) Ordinance, 2019

The Indian Medical Council (Amendment) Ordinance, 2019

By Lovisha Aggarwal | January 13, 2019

Promulgated on:       January 12, 2019

Provisions come into effect on: September 26, 2018 (except section 2(c)(i) i.e. the number of Board of Governors appointed by Central Government)

Amends: Indian Medical Council Act, 1956

Purpose of Indian Medical Council Act, 1956: sets up the Medical Council of India (MCI) which regulates medical education and practice.  

Repeals and replaces: Indian Medical Council (Amendment) Ordinance, 2018 promulgated on September 26, 2018. 

Amendments:

 
Act, 1956
Ordinance, 2019
 3A. Power of Central Government to supersede the Council and to constitute a Board of Governors.—(1) On and from the date of commencement of the Indian Medical Council (Amendment) Act, 2010, the Council shall stand superseded and the President, Vice-President and other members of the Council shall vacate their offices and shall have no claim for any compensation, whatsoever3A. Power of Central Government to supersede the Council and to constitute a Board of Governors.—(1) On and from the date of commencement of the Indian Medical Council (Amendment) Ordinance, 2019 the Council shall stand superseded and the President, Vice-President and other members of the Council shall vacate their offices and shall have no claim for any compensation, whatsoever
 3A (2) The Council shall be reconstituted in accordance with the provisions of section 3 within a period of three years from the date of supersession of the Council under sub-section (1).3A (2) The Council shall be reconstituted in accordance with the provisions of section 3 within a period of one year from the date of supersession of the Council under sub-section (1).
 3A (4) The Central Government shall, by notification in the Official Gazette, constitute the Board of Governors which shall consist of not more than seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may be either nominated members or members, ex officio, to be appointed by the Central Government, one of whom shall be named by the Central Government as the Chairperson of the Board of Governors.3A (4) The Central Government shall, by notification in the Official Gazette, constitute the Board of Governors which shall consist of not more than twelve persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education or proven administrative capacity and experience, and who may be either nominated members or members, ex officio, to be appointed by the Central Government, one of whom shall be named by the Central Government as the Chairperson of the Board of Governors.
4.–3A (7A) The Board of Governors shall be assisted by a Secretary General who shall be appointed by the Central Government on deputation or contract basis and he shall be the head of the secretariat in the Council.

Thus, the Ordinance:

  1. Provides that MCI shall be reconstituted within one year from the date of supersession of the council.
  2. Increased the strength of the Board of Governors from 7 members to 12 members, appointed by the central government.
  3. Provides that such Board of Governors to be assisted by a Secretary General appointed by the central government.
  4. Allows persons with proven administrative capacity and experience to be selected in the Board of Governors.

Source of Power: Article 123(1) of the Constitution empowers President to promulgate Ordinance
Indian Medical Council (Amendment) Bill 2018 to replace the 2018 Ordinance was passed by Lok Sabha on December 31, 2018 and is currently pending in Rajya Sabha and the Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action