Today, on 2nd August 2016, The Indian Medical Council (Amendment) Bill, 2016 has been passed by Rajyasabha. This comes after passing of the bill in Loksabha.
To put this bill in simple words, from 2017 admission session there will be a common entrance test for both undergraduate (UG) and postgraduate (PG) medical entrance exams. Common entrance test conducted for UG and PG is called National Eligibility cum Entrance Test (NEET). The bill does not apply to 2016-17 admission session as NEET is already conducted in 2 phases and via the Indian Medical Council (Amendment) Ordinance, 2016 Government of India had allowed some states to conduct their own entrance exams for 2016 session to avoid problems to the students.
The Indian Medical Council (Amendment) Bill, 2016 will come into force on 24th May, 2016 and following sections have been inserted after section 10C of the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act):
“10D. There shall be conducted a uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages and in such manner as may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner:
Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination.”.
3. In section 33 of the principal Act, after clause (ma), the following clause shall be inserted, namely:— “(mb) the designated authority, other languages and the manner of conducting of uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level;”. 4. (1) The Indian Medical Council (Amendment) Ordinance, 2016 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Indian Medical Council Act,1956 as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said Act, as amended by this Act.
The Indian Medical Council Act, 1956 was brought for reconstituting the Medical Council of India (the Council) and to provide for the maintenance of the records of all doctors practising in India by Indian Medical Register and all connected matters.
The Act gives Council the responsibility of maintenance of the highest standards of medical education throughout the country. In pursuance of the responsibility, the Council makes its recommendations to the Central Government for matters related to the courses of study, examination to be undertaken for such qualifications and inspection of examinations, etc.
For conducting one entrance examination to all medical educational institutions and UG and PG level for all candidates, the Council notified the conduct of a single entrance examination, namely the National Eligibility-cum-Entrance Test (NEET) by amending the Graduate Medical Regulations, 1997 and Post-graduate Medical Education Regulations, 2000 respectively.
Multiple court cases were filed by states and institutes in this regard and they were all tranferred to Hon’ble Supreme Court. However, the Hon’ble Supreme Court, vide its order dated 18th July, 2013 had quashed the said regulations.
Bill also states the following details regarding SC order:
Since, the Government was of the firm opinion that it would be in the larger interest of the society and the students aspiring to study medicine to have NEET, certain review petitions were filed by the Central Government and the Council before the Hon’ble Supreme Court. The Hon’ble Court vide its order dated 11th April, 2016 allowed these review petitions and recalled the judgment dated 18th July, 2013 and directed that matters to be heard afresh. Further, the Hon’ble Supreme Court vide its Orders dated 28th April, 2016 and 9th May, 2016 in W.P No. 261/2016 filed by Sankalp Charitable Trust and Others Vs. Union of India directed that NEET [Under Graduate] shall come into effect immediately. It had further directed that All India Pre Medical Test, 2016 (AIPMT) to be held on 1st May, 2016 shall be Phase-I of NEET and Phase-II of NEET shall be held on 24th July, 2016 and the combined result of both the tests shall be declared on 17th August, 2016. 6. In view of the judgment of the Hon’ble Supreme Court, NEET became mandatory for all under-graduate and post-graduate admissions with immediate effect. However, some State Governments indicated that it would be in the larger interest of the students’ community across the country to hold NEET for undergraduate admission from the year 2017-18 onwards instead of 2016-17, in the light of the following difficulties being faced by those State Governments’: (i) State level examinations for admissions have already been conducted and students will have to appear for a second examination; (ii) State examinations are also conducted in regional languages. It is not appropriate to make all students to take the examination in Hindi and English, particularly when only two months are left for NEET Phase-II examination; and (iii) the syllabi for the State level examinations are different from the AIPMT, which is going to be the basis for NEET Phase-II examination. It was accordingly decided to make certain amendments to the Indian Medical Council Act, 1956. Since the Parliament was not in session and immediate action was required to be 3 4 taken in the light of representations of the State Governments and exigencies of the NEET scheduled for 24th July, 2016, the Indian Medical Council (Amendment) Ordinance, 2016 was promulgated by the President on the 24th May, 2016. 8. The Indian Medical Council (Amendment) Bill, 2016 which seeks to replace the Indian Medical Council (Amendment) Ordinance, 2016, provides for the following, namely:— (a) to insert a new section 10D in the Act for conducting of uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages in such manner as may be prescribed; (b) to insert a proviso in the said section so as to provide that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination; and (c) to amend section 33 of the Act so as to enable the Council to make regulations for all matters connected with the conduct of uniform entrance examination. 9. The Bill seeks to replace the aforesaid Ordinance.
The Indian Medical Council (Amendment) Bill, 2016 which seeks to replace the Indian Medical Council (Amendment) Ordinance, 2016, provides for the following, namely:—
(a) to insert a new section 10D in the Act for conducting of uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages in such manner as may be prescribed; (b) to insert a proviso in the said section so as to provide that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination; and (c) to amend section 33 of the Act so as to enable the Council to make regulations for all matters connected with the conduct of uniform entrance examination. 9. The Bill seeks to replace the aforesaid Ordinance.
(b) to insert a proviso in the said section so as to provide that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination; and (c) to amend section 33 of the Act so as to enable the Council to make regulations for all matters connected with the conduct of uniform entrance examination. 9. The Bill seeks to replace the aforesaid Ordinance.
(c) to amend section 33 of the Act so as to enable the Council to make regulations for all matters connected with the conduct of uniform entrance examination. 9. The Bill seeks to replace the aforesaid Ordinance.
The Bill sought to replace the aforesaid Ordinance and by its passing it has replaced the ordinance.
Check the post attachments to download and view copy of the THE INDIAN MEDICAL COUNCIL (AMENDMENT) BILL, 2016
