ESTABLISHMENT OF NEW MEDICAL COLLEGE, (OPENING OF NEW OR HIGHER COURSE OF STUDY OR TRAINING AND INCREASE OF ADMISSION CAPACITY BY A MEDICAL COLLEGE) REGULATIONS, 2011

PREAMBLE

In exercise of the powers conferred by section 33 read with section 12A of the Homoeopathy Central Council Act, 1973 (59 of the 1973), the Central Council of Homoeopathy, with the previous sanction of the Central Government, hereby makes the following regulations, namely:-

Regulation - 1. Short title and commencement.--

(1)     These regulations may be called the Establishment of New Medical College, (Opening of New or Higher Course of Study or Training and Increase of Admission Capacity by a Medical College) Regulations, 2011.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Regulation - 2. Definition.--

In these regulations, unless the context otherwise requires,-

(a)      "Act" means the Homoeopathy Central Council Act, 1973;

(b)      "Form" means a Form annexed to these regulations;

(c)      "section" means a section of the Act;

(d)      words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

Regulation - 3. Permission for establishment of a medical college, opening of new or higher course of study or training and increase of admission capacity.--

Any person intending to establish a medical college or any medical college intending to open a new or higher course of study or training or intending to increase admission capacity in any course of study or training shall follow the procedure and criteria mentioned in regulations 4 to 6 and submit a scheme to the Central Government along with an application in the form specified in regulation 4.

Regulation - 4. Application Form of Scheme.--

(1)     Any person intending to establish a medical college shall submit the scheme along with an application in Form -1.

(2)     Any medical college intending to open a new or higher course of study or training shall submit the scheme along with an application in Form -2

(3)     Any medical college intending to increase its admission capacity in any course of study or training shall submit the scheme along with an application in Form - 3.

Regulation - 5. Authority to whom the scheme and application is to be submitted.--

The applications and schemes under regulation 4 shall be submitted to the Secretary to the Government of India, Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) as per the schedule annexed to the regulations.

Regulation - 6. Eligibility for making an application.--

(1)     For making an application under sub-regulation (1) of regulation 4, a person or a medical college shall be eligible if, -

(a)      his one of the objectives is to impart education about Homoeopathy:

(b)      owns or possesses on lease of ninety nine years, a suitable single plot of land, measuring not less than 2.5 acres if the proposal is for admitting up to fifty student, and not less than four acres, if the proposal is for admitting up to one hundred students, and undertake to establish the medical college in the said plot of land;

(c)      has obtained 'No Objection Certificate' in Form- 4 from the concerned State Government for establishing a new medical college at the proposed site;

(d)      has obtained a 'Consent of Affiliation' in Form- 5 for establishing a new medical college from a University established under any Central or State statute:

(e)      owns and manages a hospital in Homoeopathy containing not less than twenty five beds with necessary facilities and infrastructure;

(f)       has not already admitted students in any class or standard or course or training of the proposed medical college; and

(g)      is in a position to provide two performance bank guarantees from a Scheduled Commercial Bank valid for a period of five years in favour of the Central Council of Homoeopathy, New Delhi as follows:

(i)       for the establishment of medical college ?

(1)     upto 50 seats - rupees one crore;

(2)     51 -100 seats - rupees twenty lakhs per ten or less seats ;

(ii)      for the establishment of the teaching hospital and its infrastructure facilities ---

(1)     upto 150 beds - rupees one and a half crore;

(2)     additional beds - rupees 10 lakhs per 10 or less beds:

Provided that the above condition shall not apply to the persons who are State Governments or Union territories if they give an undertaking to provide funds in their plan budget regularly till the requisite facilities are fully provided as per the lime bound programme.

(2)     For making an application under sub-regulation (2) of regulation 4, a medical college shall be eligible if,--

(a)      has obtained the permission of the concerned State Government or the Union Territory Administration (Form- 4);

(b)      has obtained the concurrence of the University established under any Central or State Statute (Form- 5);

(c)      is able to produce documentary evidence in support of additional financial resources, staff, space, equipment and other infrastructure as per Central Council norms;

(d)      is recognized by the Central Council for running Undergraduate or Postgraduate course in Homoeopathy for at least 5 1/2 and 3 years respectively;

(e)      is exempted by the Central Government for being owned or managed by the Central Government or State Government from fulfilling the criteria specified in sub- clause (d);

(f)       selection of students for post-graduate courses is made strictly on the basis of academic merit as prescribed by Central Council;

(g)      the nomenclature of post-graduate degree or diploma and courses and teacher-student ratio is as laid down in the concerned Regulations;

(h)     the Homoeopathy College/institution provides a bank guarantee in favour of the Central Council of Homoeopathy from a Scheduled Commercial Bank for providing additional infrastructural facilities for each discipline as follows:-

Provided that the above condition shall not apply to colleges -

(i)       who are governed by the State Governments; provided that they give an undertaking to provide funds in their Plan Budget regularly till facilities are fully provided as per the time bound programme indicated by them; and

(ii)      for opening any course in the subject where the Council has already recognized the postgraduate course on the same subject.

(3)     For making application under sub-regulation (3) of regulation 4, a medical college shall be eligible if,

(a)      has obtained the permission of the concerned State Government or the Union Territory Administration (Form- 4);

(b)      has obtained the concurrence of the University established under any Central or State Statute (Form-5);

(c)      has produced documentary evidence in support of additional financial resources, staff, space, equipment and other infrastructure as per Central Council norms.

(d)      has completed a period of five and a half year in case of Undergraduate course and three years in case of Postgraduate course(s).

(e)      recognized by the Central Council for running Under- graduate/Post- graduate/ /any other recognised course;

(f)       the ratio of teaching staff and students is maintained as laid down in the regulation on Minimum Standards and requirements for admission in the medical college;

(g)      the maximum number of admissions in Undergraduate course does not exceed 100 ;

(h)     provides a bank guarantee in favour of the Central Council of Homoeopathy, New Delhi from a Scheduled Commercial Bank for providing additional infrastructural facilities for each course/discipline as follows:-

Provided that the above condition shall not apply to colleges who are governed by the State or Union territory Governments provided that they give an undertaking to provide funds in their Plan Budget regularly till facilities are fully provided as per the time bound programme indicated by them.

Regulation - 7. Recommendation of the Central Council of Homoeopathy.--

On receipt a scheme from the Central Government under sub-section (2) of section 13 A, the Central Council shall submit its recommendations to the Central Government in Form-6.

Regulation - 8. Fee to be submitted along with application.--

An application and scheme to be submitted under regulation 4 shall be accompanied by the following admission fee by way of a demand draft or pay order payable to the 'Central Council of Homoeopathy' New Delhi ---

Regulation - 9. Permission Order.--

The order passed by the Central Government under sub-section (9) of section 12A shall clearly indicate the preliminary requirement about setting up of buildings, infrastructural facilities, medical and allied equipments, faculty and staff before admitting the first batch of students.

SCHEDULE

(see regulation 5)

SCHEDULE FOR RECEIPT AND PROCESSING OF THE APPLICATIONS

Note:

(1)     The information given by the applicant in Part-I of the application for setting up Homoeopathy college that is information regarding organization, basic infrastructure facilities, managerial and financial capabilities of the applicant shall be scrutinized by the Central Council through an application and thereafter the Central Council may recommend issue of Letter of Intent by the Central Government.

(2)     Renewal of permission shall not be granted to the new Medical College if the above Schedule for opening Homoeopathy College is not adhered to; and admissions are made without prior approval of the Central Government.