(1) These regulations may be called, 'The Opening of a New or Higher Course of Study or Training (including Post-graduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including a Postgraduate Course of Study or Training) Regulations,2000.'

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

(1) In these regulations, unless the context otherwise requires,-

(a) 'Act' means the Indian Medical Council Act, 1956 (102 of 1956);
(b) "medical college" means any institution by whatever name called in which a person may undergo a course of study or training including any post graduate course of study or training which will qualify him for the award of a recognised medical qualification.

(2) Words and phrases used in these regulations and not defined but defined in the Act shall have the meanings respectively assigned to them.

(3) The permission for establishment of a new or higher course of study, etc.- No medical college shall,-

(a) open a new or higher course of study or training (including a post graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or

(b) increase admission capacity in any course of study or training (including a post-graduate course of study or training); except after obtaining the previous permission of the Central Government by submitting Scheme annexed to these regulations.

For starting higher courses in medical subjects in the medical colleges/institutions, the medical college/institution should be a recognised medical college or institution. The medical college/institution should conform to the guidelines laid down in the Graduate Medical Education Regulations, 1997/Postgraduate Medical Education Regulations of the Medical Council of India as amended from time to time and approved by the Central Government. The medical college/institution may apply to the Central Government for the permission along with the permission of the State Government, affiliation granted by an University recognised under University Grants Commission Act or State or Central Act and in conformity with the Medical Council of India regulations along with the documentary evidence to show additional financial allocation, provision for additional space, and equipment and other infrastructural facilities and provision of recruitment of additional staff as per Medical Council of India norms.

The application (Appendix I) under this Scheme shall be submitted by registered post to the Secretary (Health), Ministry of Health and Family Welfare, Department of Health, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi- 110011 alongwith the information and non-refundable application fee of Rs. two lakh in the form of demand draft in favour of "Medical Council of India" and payable "at Delhi". This fee is for registration, technical scrutiny and contingent charges and for inspections (two physical inspections for Diploma courses and three inspections for degree courses). Besides the above inspection, the normal inspection fee and the inspection fee for recognition of the course shall apply to the concerned medical college or institution as prescribed by the Council with the approval of the Central Government.

The medical college/institution shall qualify for opening a New or Higher Course of Study or training (including a post-graduate Course of Study or Training) in the medical colleges/institutions if the following conditions are fulfilled:

1. 
   
   (1) The medical college/institution must be recognised by the Medical Council of India for running Bachelor of Medicine and Bachelor of Surgery/Post graduate course;
   
   (2) The Central Government may exempt any such existing/proposed non-teaching specialist institution or autonomous body owned or managed by the Central Government / State Government from fulfilling the criteria specified in sub-clause (1).
   
2. The permission letter regarding desirability and feasibility for opening a new or higher course in the medical college/institution has been obtained by the applicant from the respective State Government or the Union Territory administration.
   
3. Letter of University's permission for starting these courses in the existing medical college/institution has been obtained by the medical college / institution from the University to which it is affiliated.
   
4. That the medical college/institution has a feasible and time bound programme to provide additional equipment and infrastructural facilities like the number of staff, space, funds, equipment and teaching beds etc, for starting these higher courses as laid down in the Medical Council of India Regulations.
   
5. (1) Selection of students for post-graduate courses shall be made strictly on the basis of academic merit and as laid down in the Post-graduate Medical Education Regulations;
   
   (2) The nomenclature of post-graduate degree or diploma and super-speciality courses and teacher-student ratio shall be as laid down in the Post-graduate Medical Education Regulations.
   
6. The medical college/institution provides a bank guarantee in favour of the Medical Council of India from a Scheduled Commercial Bank for providing additional infrastructural facilities for each discipline as follows:

• PG degree - Rs. 85 lakhs
• PG diploma - Rs. 64 lakhs
• Higher Specialities - Rs. 128 lakhs

Exception : The above condition shall not apply to,-

(1) Medical colleges / institutions who are governed by the State Governments provided that they shall 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;

(2) Opening a new or higher course of study or training (including a post-graduate course of study or training) in the subjects of Anatomy, Physiology, Biochemistry, Biophysics, Pharmacology, Microbiology, Forensic Medicine, Community Medicine/Preventive & Social Medicine, Sports Medicine, Hospital Administration, Health Administration, Marine Medicine, Nutrition, Physical Medicine and Rehabilitation, and Aviation Medicine; (3) Opening a Diploma course where the Bank guarantee in respect of the post graduate degree course has been furnished by the medical college / institution; and

(4) opening a Diploma course in the subject where the post- graduate course on the same subject has already been recognised by the Council.

Incomplete applications will be returned by the Ministry of Health and Family Welfare to the medical college / institution along with enclosures and application fee stating the deficiencies in such applications.

Applications found complete in all respects shall be registered by the Ministry of Health and Family Welfare and forwarded to the Council within 30 days from the date of receipt of it for evaluation and recommendations. Acceptance of the applications shall only signify the acceptance of the application for evaluation. It shall, however, under no circumstances, mean approval of the application for grant of permission. The period of one year prescribed under the Indian Medical Council Act, 1956(102 of 1956) for processing of an application for opening a new or higher courses of study or training (including post-graduate course of study or training) shall commence from the date of registration of the applications by the Ministry of Health and Family Welfare.

In computing the time limit specified above, the time taken by the authorities and institutions submitting the Scheme in furnishing any information or clarification or additional documents called for by the Council or by the Central Government shall be excluded.

The Council shall evaluate the application to accept the desirability and prima facie feasibility for opening a new or higher courses of study or training (including a post-graduate course of study or training) at the existing medical college/institution and the capability of the medical college/institution to provide the necessary resources, and infrastructure for the Scheme. While evaluating the application, the Council may seek further information, clarification or additional documents from the medical college/institution as considered necessary and shall carry out a physical inspection to verify the information; clarification or additional documents supplied by the medical colleges / institutions. The dates for receipt of application and processing dates are given in the Schedule to these Regulations.

The Central Government on the recommendations of the Council, may issue a Letter of Intent for opening a new or higher course of study in the medical college/institution with such conditions or modifications in the original proposal as may be considered necessary. The formal permission will be granted after the above conditions and modifications are accepted and the performance bank guarantee for required sums are furnished by the medical college/institution and after consulting the Council.

FORMAT OF APPLICATION FOR PERMISSION OF THE CENTRAL GOVERNMENT FOR OPENING A NEW OR HIGHER COURSE OF STUDY OR TRAINING (INCLUDING A POST GRADUATE COURSE OF STUDY OR TRAINING) IN A MEDICAL COLLEGE/INSTITUTION.

PARTICULARS OF THE APPLICANT:

APPLICATION FOR OPENING MD/MS/Diploma/DM/M.Ch. COURSE --------------------


1. NAME OF THE APPLICANT (IN BLOCK LETTERS)



2. ADDRESS (IN BLOCK LETTERS)



3. REGISTERED OFFICE 
(NO., STREET, CITY, PIN CODES, TELEPHONE, TELEX, TELEFAX)




4. CONSTITUTION (UNIVERSITY/STATE GOVERNMENT/UNION TERRITORY/, AUTONOMOUS BODY, SOCIETY/TRUST)




5. REGISTRATION/INCORPORATION (NUMBER AND DATE)




6. NAME OF AFFILIATING UNIVERSITY




7. NO. OF SEATS APPROVED AND DATE OF RECOGNITION BY MCI




SIGNATURE OF APPLICANT 
NAME AND DESIGNATION OF
MEDICAL COLLEGE.


LIST OF ENCLOSURES

1. Attested copy of the Essentiality Certificate issued by the respective State Government/Union Territory Administration on the prescribed proforma.
2. Attested copy of the Consent of Affiliation issued by a recognised University.
3. Authorization letter addressed to the Bankers of the Applicant authorizing the Central Government/Medical Council of India to make independent enquiries regarding the financial track record of the medical college/institution.
4. Attested copy of the letter from Medical Council of India approving recognition of the college/institution, if already approved by Medical Council of India.

1. In respect of Super-speciality courses as the commencement of academic session is from Ist of August, the last dates indicated against the various stages of processing above shall be extendable by three and a half months and accordingly the last date for issue of Letter of Permission by the Central Govt. shall be 15th July.
   
2. The Postgraduate diploma/degree seats and the Super-speciality seats for which permission is granted by the Government respectively upto 31st March and 15th July of any particular year shall only stand included in the seat matrix for admission of students in respect of the academic session commencing in that year.
   
3. The applications received in the months of May-June in any particular year shall be considered for grant of permission for the academic session commencing in the succeeding year.

Sd/-
Lt.Col.(Dr.) A.R.N. Setalvad (Retd.), Secretary