THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) BILL 2020 AND ORDINANCE, 2021 BY AESHA SHETH @LEXCLIQ

  • The Indian Medicine Central Council (Amendment) Bill, 2020 amends the Indian Medicine Central Council Act, 1970. The Act provides for the constitution of a central council, which regulates the education and practice of the Indian medicine system including Ayurveda, yoga and, naturopathy.
  • The bill replaces an ordinance promulgated on April 24
  • The proposed legislation provides that the central council will stand superseded from April 24 (the date of promulgation of the ordinance). The council will be reconstituted within a year from the date of its supersession.
  • In the interim period, the Center will constitute a board of governors which will exercise the powers of the council.
  • The Indian Medicine Central Council (Amendment) Bill, 2020 was introduced in Rajya Sabha on September 14, 2020.  The Bill amends the Indian Medicine Central Council Act, 1970.   The Act provides for the constitution of a Central Council which regulates the education and practice of the Indian Medicine system (includes Ayurveda, Yoga, and Naturopathy).  The Bill replaces the Indian Medicine Central Council (Amendment) Ordinance, 2020 which was promulgated on April 24, 2020.
  • Supersession of the Central Council: The Bill provides that the Central Council will stand superseded from April 24, 2020 (date of promulgation of the Ordinance).   The Central Council will be reconstituted within one year from the date of its supersession.  In the interim period, the central government will constitute a Board of Governors, which will exercise the powers of the Central Council.
  • Board of Governors: The Board of Governors will consist of up to ten members.  The members will include persons of eminence in the field of Indian Medicine, and eminent administrators.  They may be either nominated members or ex officio members, appointed by the central government.  The central government will select one member to be the Chairperson of the Board.
  • The Board will exercise the powers and discharge the functions of the Central Council (that is being superseded).  These include regulating the practice and education of Indian Medicine.
  • Powers of the central government: The Board and the Central Council (after its reconstitution) will be bound by directions of the central government on questions related to policy matters (other than technical and administrative matters).
  • The Indian Medicine Central Council (Amendment) Ordinance, 2021 was promulgated on April 22, 2021.  The Ordinance amends the Indian Medicine Central Council Act, 1970.  The 1970 Act provides for a Central Council to regulate the education and practice of the Indian Medicine system (includes Ayurveda, Yoga, and Naturopathy).
  • In September 2020, the Indian Medicine Central Council (Amendment) Bill, 2020, which replaced the Indian Medicine Central Council (Amendment) Ordinance, 2020, was passed by Parliament.  The Bill amended the 1970 Act to provide for the supersession and reconstitution of the Central Council within one year from the date of notification of the 2020 Ordinance (April 24, 2020).  The 2021 Ordinance increases the deadline for reconstituting the Central Council to two years.
  • An Ordinance further to amend the Indian Medicine Council Act, 1970.
  • WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
  • NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—

 

  1. Short title and commencement.
  2. This Ordinance may be called the Indian Medicine Council (Amendment) Ordinance, 2021.
  3. It shall come into force at once.

 

  1. Amendment of section 3A.

In section 3A of the Indian Medicine Central Council Act, 1970, in sub-section (2), for the words “within a period of one year”, the words “within a period of two years” shall be substituted.

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