[29th
December 2023] In exercise of overall
authority vested with the National Medical Commission, and specifically vide
sub-sections (zp), (zq), (zr), (zs), (zt) of sub-section (2) of Section 57
sub-section (1)(j) of section 24, sub- section (1)(i) of section 25,
sub-section (1)(f) of section 26, read with Sections 35, 36, 37, 38, 39 and 40
of the National Medical Commission Act, 2019 (Act 30 of 2019), the National Medical
Commission makes the following Regulations :- CHAPTER 1 PRELIMINARY, SHORT-TITLE,
DEFINITIONS These Regulations may be
called the National Medical Commission (Recognition of Medical Qualification)
Regulations, 2023; and in its abbreviated form as "NMC Recognition"
Regulations. All these Regulations shall
come into force from the day of publication. In these Regulations, unless
the context otherwise requires the terms defined herein shall bear the meaning
assigned to them below and their cognate expressions and variations shall be
construed accordingly - (a)
"Act" shall mean the National
Medical Commission Act, 2019 (Act No. 30 of 2019). (b)
"Commission" shall mean National
Medical Commission established by Section 3 of the National Medical Commission
Act, 2019. (c)
"Foreign Authority" shall mean an
authority in any country outside India, which by the law of that country is
entrusted or endowed with the power of recognition of medical qualifications in
that country, making an application to the Commission seeking recognition of
their medical qualification or qualifications in India. (d)
"List" shall mean the list of
recognized medical qualifications in India, prepared as per Section 35 of the
Act, by the concerned Board. (e)
"Medical Institution" shall mean a
medical institution as defined in subsection (i) of Section 2 of the National
Medical Commission Act, 2019 and shall also include medical college in its commonly
understood form. (f)
"PGMEB" shall mean the Post
Graduate Medical Education Board, duly constituted under Sec. 16 of National
Medical Commission Act. (g)
"Inspection" - the expression or
activity of inspection shall include virtual and/or physical inspection and/or
evaluation of actual and/or digital records or information. (h)
"MSR" shall mean the Minimum
Standards of Requirements as Notified by either of the Boards (UGMEB or PGMEB)
as the case may be from time to time, which shall also include explanatory notes,
circulars, advisories etc., issued by these Boards or Commission. (i)
"UGMEB" shall mean the Under
Graduate Medical Education Board, duly constituted under Sub-section (1)(a) of
Section 16 of the National Medical Commission Act. Words and phrases used in
these Regulations which are not defined here, but defined in the National
Medical Commission Act, 2019 shall have the same meaning assigned to them
there. CHAPTER 2 COMPREHENSIVE LIST OF RECOGNISED
MEDICAL QUALIFICATIONS IN INDIA List of recognised medical
qualifications in India to be maintained by the Under Graduate Medical
Education Board (UGMEB) in respect of undergraduate medical qualifications and
the Post Graduate Medical Education Board (PGMEB) for the post-graduate medical
qualification. (i)
List of Recognised Under Graduate
qualifications: M.B.B.S. (Bachelor of Medicine and Bachelor of Surgery) (ii)
List of Recognised Post-Graduate
qualifications: (a)
Post-graduate Broad Speciality Qualifications
[M.D. (Doctor of Medicine)/ M.S. (Master of Surgery)] - Annexure-I of the
PGMER-2023 (b)
Post-graduate Super Speciality Courses [ D.M.
(Doctorate of Medicine)/ M.Ch (Master of Chirurgie)]- Annexure-II of the
PGMER-2023 (c)
Post-graduate Diploma Courses - Annexure-III
of the PGMER-2023 (d)
Post-Doctoral Certificate Courses (PDCC)-
Annexure-IV of the PGMER-2023 (e)
Post-Doctoral Fellowship (PDF)- Annexure-V of
the PGMER-2023 (f)
D.M./M.Ch. Courses of six years duration -
Annexure-VI of the PGMER-2023 (iii)
List of the categories of Medical
qualifications granted by Statutory Body or Other body in India as per the
Schedule to NMC Act, 2019 (iv)
List of qualifications as per Part-I of the
Third Schedule of the Indian Medical Council Act, 1956 (v)
List of qualifications as per Second Schedule
and Part-II of the Third Schedule of the Indian Medical Council Act, 1956 Provided, without prejudice
to the above such prepared list of medical qualifications in India shall be
updated regularly and published by the respective Boards. The list of approved courses
(Schedule- I) will be maintained by the respective Boards (UGMEB and PGMEB) and
will be updated from time to time. CHAPTER 3 INCLUSION OF NEW MEDICAL
QUALIFICATIONS Acceptance of an application
for a new qualification shall be subject to consideration of necessity by the
respective Board. Any medical institution
conferring an undergraduate or postgraduate or super-speciality medical
qualification may apply to the concerned Board, along with such documents and
information, for inclusion of any new medical qualification, which is not
already included in the list. Provided a foreign authority
shall submit its application to the concerned Board along with such documents
and information for inclusion of any medical qualification, which is not
already included in the list. No such application
indicated in Section 8 shall be considered by the concerned Board unless
submitted with INR 2,50,000/- (Rupees two lakh and fifty thousand only) per
qualification as fees. Provided any foreign
authority in any country outside India, entrusted with the recognition shall
remit $10,000 (US dollars ten thousand only) per qualification as fees to the
Commission while submitting its application in a proforma. No application submitted
under Section 8 shall be entertained by the respective Board unless it is
appended with all mandated information sought by way of proforma or otherwise
by the respective Board. Provided, nothing shall be
read herewith, to constrain or restrict the respective Board to seek additional
information from the applicant while submitting the application or after
submitting the application. If asked for additional information by the
respective Board, it shall be the duty of the applicant to submit such
information as early as possible or within the time specified by the respective
Board. Keeping in mind the overall
objective of the Act, without prejudice to anything stated elsewhere in these
Regulations, the respective Board shall evaluate the application received under
Section 8 above, based on all or any of the following broad criteria - (a)
the overall impact in terms of desirability
and feasibility of recognition of such proposed medical qualification in India. (b)
Whether the proposed medical qualification
for recognition is the outcome of sufficient academic rigour, quality, standard
learning approaches etc., (c)
Once given recognition the proposed medical
qualification would not create confusion in the mind of the public while
seeking medical services. (d)
The overall impact of such recognition upon
the public policy in India. (e)
Any such other considerations are to be
Notified by the respective Boards in this regard. Without prejudice to section
8 or elsewhere in these Regulations, the respective Board may seek any
additional information or clarification or additional documents from the
applicant while considering the application for a grant of recognition to the
proposed medical qualifications. The applicant shall provide
or furnish such information or clarification or additional documents sought
above, within a specified time or 30 days, whichever is earlier, from the date
of receipt of communication from the respective Board. Provided failure to remove
or correct the deficiency or submit such information or clarification or
provide additional documents etc., as required by the Board within a specified
time shall result in the rejection. Notwithstanding anything
stated in these Regulations or elsewhere, the respective Board at its sole
discretion determine the appropriate method of evaluation before grant of
recognition of the proposed medical qualification to be included in the list. Provided such appropriate
method of evaluation shall include, but not be limited to verification of
documents in digital or physical form, verification through a live video feed,
photographs, or physical inspection as the case may be. As per the evaluation
carried out, the respective Board shall include the newly recognized medical
qualification into the list, and communicate the same to the applicant within
six months. Provided that, if the
respective Board after due evaluation, rejects the application submitted to it
for recognition of a medical qualification, may do so after the grant of
reasonable opportunity of being heard to the applicant, and shall communicate
to the applicant at the earliest. A medical institution or a
foreign authority may file an appeal before the Commission against any decision
regarding their application for a grant of recognition to the medical
qualification, within sixty days from the date of receipt of communication of
the decision by the respective Board. Where an applicant is
aggrieved by the decision of the Commission under Section 16 of these
Regulations, or where the Commission fails to give its decision within sixty
days from the date of receipt of such an application, the aggrieved party may
prefer an appeal before the Central Government within thirty days from the date
of such order or lapse of time, as the case may be. CHAPTER 4 WITHDRAWAL OF RECOGNITION OF
QUALIFICATION The qualifications listed in
the schedule to be withdrawn if the Undergraduate Medical Education Board or
the Post Graduate Medical Education Board, as the case may be, decides to
withdraw a qualification from the schedule or the list of qualifications mentioned
in the UGMER or PGMER, the respective Board may do so on the following grounds; (1)
Qualifications initially approved by the
erstwhile MCI/ NMC, based on the set of standards prescribed by them can be
withdrawn, if such qualification is no more relevant; (2)
Alternative course is available; (3)
Qualifications from Indian or international
bodies, accepted by erstwhile MCI/ NMC without prescription of any standards,
if there are alternative courses prescribed with standards, under NMC. The Commission on receipt of
the recommendation of either of the Boards or Medical Assessment and Rating
Board for withdrawal of recognition of medical qualification, shall examine the
same in the first instance and may also seek further information from the
concerned medical institution, if required and if arrives at the conclusion
that - (a)
The courses of study and examination to be
undergone or the proficiency required from candidates at any examination held
by the medical institution does not conform to the standards specified by the
Undergraduate Medical Education Board or the Post Graduate Medical Education
Board, as the case may be (b)
The standards and norms for infrastructure,
faculty and quality of education in the medical institution as determined by
the Undergraduate Medical Education Board or the Postgraduate Medical Education
Board, as the case may be, are not adhered to by the medical institution, and
such medical institution has failed to take necessary corrective action to
maintain specified minimum standards and the medical institution has failed to
maintain the prescribed standards for imparting of the said medical
qualification. In furtherance of forming a
conclusion as per section 18 above, the Commission shall forthwith forward the
report in respect of the concerned medical institution or a foreign authority
to the respective Board (undergraduate or postgraduate) and direct such Board to
Notify the withdrawal of recognition of medical qualification. Provided that the
Undergraduate Medical Education Board or the Postgraduate Medical Education
Board, as the case may be, on receipt of the Order of the Commission, shall
amend the concerned entry made against the name of the medical institution or a
foreign authority indicating that the said medical qualifications recognition
is being withdrawn prospectively. Without prejudice to
anything stated above, no withdrawal of recognition of a medical qualification
vis-a-vis a medical institution or a foreign authority shall happen without the
grant of a reasonable opportunity to the medical institution or a foreign
medical authority concerned.National
Medical Commission (Recognition Of Medical Qualification) Regulations, 2023