Establishment of Medical College Regulations (Amendment), 2019

Feb 08, 2019 | by Avantis RegTech Legal Research Team


The Board of Governors in supersession of Medical Council of India (MCI) on February 04, 2019, has made amendments on “Establishment of Medical College Regulations, 1999” and passed a Regulation called as “Establishment of Medical College Regulations (Amendment) 2019”.

·         Under Clause 8(3)(1) of Regulations, 1999 which talks about “Grant of Permission”, following should be added:

Provided that inspection for the purposes of grant of permission for Establishment of New Medical College or Renewal of Permission/Recognition of existing Medical College shall not be conducted at least two days before and two days after important religious and festival holidays declared by the Central/State Government.

·         Under Clause 8(3)(1)(a) of Regulations, 1999 which talks about “Grant of Permission”, under the heading of “Colleges in the stage up to II renewal (i.e. Admission of third batch)” has been substituted as:-

Colleges in the stage of Letter of Permission up to II renewal (i.e. Admission of third batch) If it is observed during any inspection/assessment of the institute that the deficiency of teaching faculty and/or Residents is more than 30% and/or bed occupancy is less than 50% (45% in North East, Hilly terrain, etc.), compliance of rectification of deficiencies from such an institute will not be considered for issue of Letter of Permission (LOP)/renewal of permission in that Academic Year. Provided that prior to applying the above clause, a show-cause notice shall be issued to the Institute seeking an explanation as to why the punitive provisions contained in above-mentioned clause should not be applied against it and the same shall be disposed off after granting an opportunity of hearing by a reasoned order.

·         Under Clause 8(3)(1)(b) which talks about “Colleges in the stage from III renewal (Admission of fourth batch) till recognition of the institute for award of M.B.B.S. degree” shall be substituted as under :-

Colleges in the stage of III & IV renewal (i.e. Admission of fourth & fifth batch) If it is observed during any inspection of the Institute that the deficiency of teaching faculty and/or Residents is more than 20% and/or bed occupancy is less than 65%, compliance of rectification of deficiencies from such an institute will not be considered for renewal of permission in that Academic Year. Provided that prior to applying the above clause, a show-cause notice shall be issued to the Institute seeking an explanation as to why the punitive provisions contained in above-mentioned clause should not be applied against it and the same shall be disposed off after granting an opportunity of hearing by a reasoned order.

·         Under Clause 8(3)(1)(c) under the heading of “Colleges which are already recognized for award of M.B.B.S. degree and/or running Postgraduate courses” has been substituted as:-

Colleges which are already recognized for award of M.B.B.S. degree and/or running Postgraduate courses: If it is observed during any inspection/assessment of the institute that the deficiency of teaching faculty and/or Residents is more than 10% and/or bed occupancy is less than 70%, compliance of rectification of deficiency from such an institute will not be considered for issue of renewal of permission in that Academic Year and further such an institute will not be considered for processing applications for Postgraduate courses in that Academic Year and will be issued show cause notices as to why the recommendations for withdrawal of recognition of the courses run by that institute should not be made for undergraduate and postgraduate courses which are recognized u/s 11(2) of the IMC Act, 1956 along with direction of stoppage of admissions in permitted postgraduate courses. Provided that prior to applying the above clause, a show-cause notice shall be issued to the Institute seeking an explanation as to why the punitive provisions contained in above-mentioned clause should not be applied against it and the same shall be disposed off after granting an opportunity of hearing by a reasoned order.

·         Under Clause 8(3)(1)(d) under the heading of “Colleges which are found to have employed teachers with faked/forged documents”, has been substituted as:-

Colleges which are found to have employed teachers with faked/forged documents: If it is found that any institution has employed a teacher(s) with faked/forged documents and have submitted the Declaration Form of such a teacher(s), such an Institute will not be considered for renewal of permission and processing of application of postgraduate courses for that Academic Year. The above provision shall be applied / invoked after the Ethics Sub-Committee has held after providing an opportunity of hearing that the medical faculty / Dean / Head of Department of the concerned medical college have committed misconduct by submitting false / wrong declaration.

[Notification No. MCI-34(41)/2018-Med./170039]

 

URL: http://egazette.nic.in/WriteReadData/2019/197028.pdf


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