Section 37 of The National Commission for Indian System of Medicine Act, 2020
- (1)Where, upon a report received from the Medical Assessment and Rating Board for Indian System of Medicine or otherwise, it appears to the Commission that--
- (a)the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or medical institution do not conform to the standards specified by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be; or
- (b)the standards and norms for infrastructure, faculty and quality of education in medical institutions as determined by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, are not adhered to by any University or medical institution, and such University or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the Commission may initiate action in accordance with the provisions of sub-section (2): Provided that the Commission shall, before, taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a University or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 28.
- (2)The Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the State Government and the authority of the concerned University or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa, as the case may be, to amend the entries against the University or medical institution concerned in the list maintained by that Board to the effect that the recognition granted to such qualification is withdrawn with effect from the date specified in that order.
- (3)If the Commission, after verification with the authority in any country outside India, is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be de-recognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by the Commission with effect from the date of such order.
Summary
- The Commission can start the process of taking away recognition if a college's exams or courses do not meet the standards set by the Board of Ayurveda or the Board of Unani, Siddha and Sowa-Rigpa.
- Recognition can also be lost if the college fails to maintain required buildings, teachers, or education quality and does not fix these problems after being told.
- Before the Commission can take away recognition on its own, it must first punish the institution with a penalty like a warning or a fine under Section 28.
- The Commission must consult with both the State Government and the University or institution involved and can perform its own inquiry before making a final decision.
- Once recognition is officially withdrawn, the relevant Board is ordered to update its list to show that the degree is no longer recognized from a specific date.
- For foreign degrees, the Commission can remove them from its recognized list after checking with the relevant authorities in that foreign country.
Practical examples
FAQ
1. Can a college lose recognition immediately if a report is bad?
No, the Commission must first impose a penalty under Section 28 before taking away recognition on its own initiative.
2. Who does the Commission have to talk to before making the final decision?
It must consult with the State Government and the authority of the University or medical institution involved.
3. What happens to the official list of recognized degrees?
The Commission directs the relevant Board to amend its entries to show the recognition has been withdrawn from a specific date.
4. Can foreign qualifications be de-recognized?
Yes, the Commission can de-recognize a foreign qualification and remove it from the list after verifying facts with the foreign authority.
Test yourself
Q1.Under Section 37 of The National Commission for Indian System of Medicine Act, 2020, what is the mandatory first step before the Commission can withdraw recognition of a qualification on its own initiative?
Q2.Under Section 37 of The National Commission for Indian System of Medicine Act, 2020, who must the Commission consult after making an inquiry but before withdrawing recognition?
Q3.Under Section 37 of The National Commission for Indian System of Medicine Act, 2020, what must the Commission do if it decides a foreign qualification should no longer be recognized?
Q4.Under Section 37 of The National Commission for Indian System of Medicine Act, 2020, which group is responsible for actually amending the entries in the list of recognized qualifications?