12A. Permission for establishment of new medical institution, new course of study, etc.—(1)
Notwithstanding anything contained in this Act or any other law for the time being in force, —
(a) no person shall establish a Homoeopathic Medical College; or
(b) no Homoeopathic Medical College shall—
(i) open a new or higher course of study or training (including post-graduate course of study
or training) which would enable students of each course or training to qualify himself for the
award of any recognized medical qualification; or
(ii) increase its admission capacity in any course of study or training (Including the postgraduate course of study or training),
except with the previous permission of the Central Government obtained in accordance with the
provisions of this section.
1. Ins. by Act 51 of 2002, s. 2 (w.e.f. 28-1-2003).
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Explanation 1.—For the purposes of this section, “person” includes any University or a trust, but does
not include the Central Government.
Explanation 2.—For the purposes of this section, “admission capacity”, in relation to any course of
study or training (including post-graduate course of study or training) in a medical institution, means the
maximum number of students as may be decided by the Central Council from time to time for being
admitted to such course or training.
(2) (a) Every person or medical institution shall, for the purpose of obtaining permission under
sub-section (1) submit to the Central Government a scheme in accordance with the provisions of clause
(b) and the Central Government shall refer the scheme to the Central Council for its recommendations.
(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be
preferred in such manner and be accompanied with such fee as may be prescribed.
(3) On receipt of a scheme from the Central Government under sub-section (2), the Central Council
may obtain such other particulars as may be considered necessary by it from the person or the medical
institution concerned, and thereafter, it may,—
(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable
opportunity to the person or medical institution concerned for making a written representation and it
shall be open to such person or medical institution to rectify the defects, if any, specified by the
Central Council;
(b) consider the scheme, having regard to the factors referred to in sub-section (7), and submit it
to the Central Government together with its recommendations thereon within n period not exceeding
six months from the date of receipt of the reference from the Central Government.
(4) The Central Government may, after considering the scheme and the recommendations of the
Central Council under sub-section (3) and after obtaining, where necessary, such other particulars as may
be considered necessary by it from the person or medical institution concerned, and having regard to the
factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider
necessary) or disapprove the scheme and any such approval shall constitute as a permission under
sub-section (1):
Provided that no scheme shall be disapproved by the Central Government except after giving the
person or medical institution concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or medical institution whose
scheme has not been approved by the Central Government to submit a fresh scheme and the provisions of
this section shall apply to such scheme, as if such scheme had been submitted for the first time under
sub-section (2).
(5) Where, within a period of one year from the date of submission of the scheme to the Central
Government under sub-section (2), no order is communicated by the Central Government to the person or
medical institution submitting the scheme, such scheme shall be deemed to have been approved by the
Central Government in the form in which it was submitted, and, accordingly, the permission of the
Central Government required under sub-section (1) shall also be deemed to have been granted.
(6) In computing the time-limit specified in sub-section (5), the time taken by the person or medical
institution concerned in submitting the scheme, in furnishing any particulars called for by the Central
Council, or by the Central Government, shall be excluded.
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(7) The Central Council, while making its recommendations under clause (b) of sub-section (3) and
the Central Government, while passing an order, either approving or disapproving the scheme under
sub-section (4), shall have due regard to the following factors, namely:—
(a) whether the proposed medical institution or the existing medical institution seeking to open a
new or higher course of study or training, would be in a position to offer the minimum standards of
medical education as prescribed by the Central Council under section 20;
(b) whether the person seeking to establish a medical institution or the existing medical institution
seeking to open a new or higher course of study or training or to increase its admission capacity has
adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital
and other facilities to ensure proper functioning of the medical institution or conducting the new
course of study or training or accommodating the increased admission capacity have been provided or
would be provided within the time-limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of students likely to attend
such medical institution or course of study or training or as a result of the increased admission
capacity, have been provided or would be provided within the lime-limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impart proper training to
students likely to attend such medical institution or the course of study or training by the persons
having the recognised medical qualifications,
(f) the requirement of manpower in the field of practice of homoeopathic medicine in the medical
institution; and
(g) any other factors as may be prescribed.
(8) Where the Central Government passes an order either approving or disapproving a scheme under
this section, a copy of the order shall be communicated to the person or medical institution concerned.
12B. Non-recognition of medical qualifications in certain cases.—(1) Where any medical
institution is established without the previous permission of the Central Government in accordance with
the provisions of section 12A, medical qualification granted to any student of such medical institution
shall not be deemed to be a recognised medical qualification for the purposes of this Act.
(2) Where any medical institution opens a new or higher course of study or training (including a postgraduate course of study or training) without the previous permission of the Central Government in
accordance with the provisions of section 12A, medical qualification granted to any student of such
institution on the basis of such study or training shall not be deemed to be recognised medical
qualification for the purposes of this Act.
(3) Where any medical institution increases its admission capacity in any course of study or training
without the previous permission of the Central Government in accordance with the provisions of section
12A, medical qualification granted to any student of such medical institution on the basis of the increase
in its admission capacity shall not be deemed to be recognised medical qualification for the purposes of
this Act.]
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[12C. Time for seeking permission for certain existing medical colleges. (1) If any person has
established a Homoeopathy Medical College or any Homoeopathy Medical College has opened a new or
higher course of study or training or increased the admission capacity on or before the date of
1. Ins. by Act 23 of 2018, s. 3 (w.e.f. 18-5-2018).
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commencement of the Homoeopathy Central Council (Amendment) Act, 2018, such person or
Homoeopathy Medical College, as the case may be, shall seek, within a period of one year from the said
commencement, permission of the Central Government, in accordance with the provisions specified in the
regulations made by the Central Council.
(2) If any person or Homoeopathy Medical College, as the case may be, fails to seek permission
under sub-section (1), the provisions of section 12B shall apply, as far as may be, as if the Central
Government has been refused.]