Section 29 of The National Commission for Homoeopathy Act, 2020.
- (1)No person shall establish a new medical institution or start any post-graduate course or increase number of seats without obtaining prior permission of the Medical Assessment and Rating Board for Homoeopathy. Explanation.--For the purpose of this sub-section, the term "person" includes any University or a trust or any other body but does not include the Central Government.
- (2)For the purpose of obtaining permission under sub-section (1), a person may submit a scheme to the Medical Assessment and Rating Board for Homoeopathy in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations.
- (3)While considering the scheme received under sub-section (2), the Medical Assessment and Rating Board for Homoeopathy shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the Homoeopathy Education Board, and pass an order either approving or disapproving the scheme within three months from the date of receipt of such scheme: Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned.
- (4)Where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish a new medical institution.
- (5)Where a scheme is disapproved under sub-section (3) or where no order is passed within three months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the Commission within fifteen days of such disapproval or, as the case may be, after lapse of three months, in such manner as may be specified by regulations.
- (6)Where the Commission has disapproved the scheme or no order has been passed within fifteen days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second appeal to the Central Government within seven days of communication of such disapproval or, as the case may be, lapse of specified period of fifteen days.
- (7)The Medical Assessment and Rating Board for Homoeopathy may conduct evaluation and assessment of any University or medical institution at any time, either directly or through any other expert, having integrity and experience in medical profession without any prior notice and assess and evaluate the performance, standards and benchmarks of such University or medical institution.
Summary
- Nobody can start a new medical college, add a new post-graduate course, or increase their student capacity without getting prior permission from the Medical Assessment and Rating Board.
- The Central Government does not need this permission, but universities and private trusts do.
- To get permission, you must submit a detailed plan (a scheme) along with a required fee.
- The Board will review the plan based on the educational and infrastructure standards, and has three months to either approve or reject it.
- Before rejecting a plan, the Board must give the applicant a chance to fix any mistakes in it.
- If the plan is rejected, or if the Board ignores it for three months, the applicant can appeal to the Commission, and later to the Central Government if necessary.
- The Board has the power to do surprise inspections of any university or medical institution at any time to evaluate them.
Practical examples
FAQ
1. Can a private trust just open a homoeopathy college if they have the money?
No, no person or trust can establish a new medical institution without prior permission from the Medical Assessment and Rating Board.
2. Does the Board have a deadline to reply to an application?
Yes, they must pass an order approving or disapproving the scheme within three months.
3. What happens if there is a small mistake in my application?
The Board cannot just reject it immediately. They must give you an opportunity to rectify the defects.
4. What if the Board unfairly rejects the application?
You can prefer an appeal to the Commission within fifteen days, and if that fails, you can appeal to the Central Government.
Test yourself
Q1.Under Section 29 of The National Commission for Homoeopathy Act, 2020., which entity is completely exempt from needing prior permission to establish a new medical institution?
Q2.Under Section 29 of The National Commission for Homoeopathy Act, 2020., what is the maximum time limit the Board has to pass an order after receiving a scheme?
Q3.Under Section 29 of The National Commission for Homoeopathy Act, 2020., what procedural step is the Board legally required to take before disapproving a scheme?
Q4.Under Section 29 of The National Commission for Homoeopathy Act, 2020., if the Board disapproves a scheme, within how many days can the aggrieved person appeal to the Commission?
Q5.Under Section 29 of The National Commission for Homoeopathy Act, 2020., regarding evaluations and assessments of existing institutions, what kind of notice must the Board give?