MISCELLANEOUSCentral

Section 43 of The National Commission for Indian System of Medicine Act, 2020

(1)Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section.
(2)The decision of the Central Government whether a question is one of policy or not shall be final.

Summary

The Central Government can give written instructions to the National Commission and the Autonomous Boards.
These instructions must specifically relate to matters of policy.
The Commission and the Boards are legally required to follow these directions.
Whenever it is possible, the Central Government should let the Commission and Boards share their views before a direction is issued.
The Central Government has the final power to decide if an issue is actually a policy matter.

Practical examples

1In March 2025, the Central Government issues a written order to the National Commission stating that all research grants must prioritize traditional immunity boosting herbs. The Commission must immediately align its funding guidelines with this policy.

2A disagreement occurs in August 2026 where the Board of Ayurveda claims a new rule about hospital staff ratios is a technical matter. The Central Government insists it is a national policy issue. The Board must accept the Government's decision and implement the rule.

FAQ

1. Does the Government have to consult the Commission every single time?

The law says they should be given an opportunity to express their views as far as practicable, meaning it should happen unless there is a strong reason why it cannot.

2. Who has the final word if there is a debate over whether something is a policy?

The Central Government makes the final decision on whether a question is one of policy or not.

Test yourself

Q1.Under Section 43 of The National Commission for Indian System of Medicine Act, 2020, what is the required format for a Government direction to be binding?

Q2.Which entities must follow the policy directions issued under Section 43 of The National Commission for Indian System of Medicine Act, 2020?

Q3.According to Section 43 of The National Commission for Indian System of Medicine Act, 2020, how much authority does the Central Government have in defining a policy?

Q4.Under Section 43 of The National Commission for Indian System of Medicine Act, 2020, what should happen before the Government issues a direction?

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