Section 45 of The National Medical Commission Act, 2019
Power of Central Government to give directions to Commission and Autonomous Boards.
- (1)Without prejudice to the foregoing provisions of this Act, the Commission and the Autonomous Boards shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time: Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section.
- (2)The decision of the Central Government whether a question is one of policy or not shall be final.
Summary
- The Central Government has the power to issue binding directions on questions of policy to the Commission and the Autonomous Boards.
- These directions must be given in writing from time to time.
- The Commission and the Autonomous Boards are legally bound by these policy directions when exercising their powers and functions.
- Before issuing any policy direction, the Central Government must, as far as practicable, give the Commission and Boards an opportunity to express their views.
- The Central Government holds the final authority to decide whether any given question is indeed a question of policy.
Practical examples
FAQ
1. Is the Commission bound by Central Government directions under Section 45 of the National Medical Commission Act, 2019?
Yes, Section 45 of the National Medical Commission Act, 2019 says that the Commission and its Autonomous Boards must follow written directions on questions of policy given by the Central Government from time to time.
2. Can the Commission give its opinion before receiving policy directions under Section 45 of the NMC Act of 2019?
Yes, under Section 45 of the NMC Act of 2019, the Commission and the Autonomous Boards should be given a practical opportunity to express their views before the Government issues any written policy direction.
3. Who decides if a matter is a policy issue under Section 45 of this 2019 medical commission law?
Section 45 of this 2019 medical commission law specifies that the decision of the Central Government is final on whether a question is a policy issue or not.
Test yourself
1.Under Section 45 of The National Medical Commission Act, 2019, which bodies are legally bound by written directions on questions of policy given by the Central Government?
2.Under Section 45 of The National Medical Commission Act, 2019, what procedural opportunity must be given to the Commission and the Autonomous Boards before a policy direction is issued?
3.Under Section 45 of The National Medical Commission Act, 2019, if a dispute arises over whether a specific issue is a question of policy or not, who has the final authority to decide?
4.Under The National Medical Commission Act, 2019, how do the policy directions under Section 45 link to the supersession powers of the Central Government under Section 55?