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Section 31 of The National Commission for Indian System of Medicine Act, 2020 in hindi

(1)The State Government shall, by notification, within three years of the commencement of this Act, establish a State Medical Council for Indian System of Medicine in that State if no such Council exists in that State.
(2)Where a State Act confers power upon the State Medical Council to take disciplinary actions in respect of any professional or ethical misconduct by a registered practitioner of Indian System of Medicine, the State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under this Act: Provided that till such time as a State Medical Council for Indian System of Medicine is established in a State, the Board of Ethics and Registration for Indian System of Medicine shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered practitioner of Indian System of Medicine in that State in accordance with such procedure as may be specified by regulations: Provided further that the Board of Ethics and Registration for Indian System of Medicine or, as the case may be, the State Medical Council shall give an opportunity of hearing to such practitioner before passing any order or taking any action, including imposition of any monetary penalty, against such person.
(3)A practitioner of Indian System of Medicine who is aggrieved by the order passed or the action taken by--
1. (a)the State Medical Council under sub-section (2) may prefer an appeal to the Board of Ethics and Registration for Indian System of Medicine and the decision, if any, of the Board of Ethics and Registration for Indian System of Medicine thereupon shall be binding on such State Medical Council, unless a second appeal is preferred under sub-section (4);
2. (b)the Board of Ethics and Registration for Indian System of Medicine under the first proviso to sub-section (2) may prefer an appeal to the Commission.
(4)A medical practitioner of Indian system of medicine who is aggrieved by the decision of the Board of Ethics and Registration for Indian System of Medicine, may prefer an appeal to the Commission within sixty days of communication of such decision. Explanation.--For the purposes of this Act,--
1. (a)"State" includes Union territory and the expressions "State Government" and "State Medical Council for Indian System of Medicine", in relation to a Union territory, shall respectively mean the "Central Government" and "Union Territory Medical Council for Indian System of Medicine";
2. (b)the expression "professional or ethical misconduct" includes any act of commission or omission, as may be specified by regulations.

Summary

State Governments are required to establish a State Medical Council for the Indian System of Medicine within three years of the start of this law if one is not already there.
These State Medical Councils must follow the official regulations and guidelines when taking disciplinary action for professional or ethical misconduct by a practitioner.
If a state has not yet set up a council, the Board of Ethics and Registration for Indian System of Medicine will handle complaints and grievances until the council is established.
No order or monetary penalty can be passed against a practitioner without first giving them an opportunity to be heard in a hearing.
A practitioner can appeal a state council's decision to the Board of Ethics and Registration, and that decision will generally be binding on the state council.
If the practitioner is still dissatisfied with the decision of the Board of Ethics and Registration, they can file a second appeal to the Commission within sixty days.

Practical examples

1Dr. Arun works in the newly formed state of Vidarbha, which does not have its own medical council yet. On January 10, 2024, a patient files a complaint about his ethical conduct, and because there is no state council, the Board of Ethics and Registration in New Delhi handles the case directly.

2On May 15, 2025, the State Medical Council of Tamil Nadu orders Dr. Meena to pay a penalty of 50,000 rupees for misconduct. Since Dr. Meena believes the decision was unfair, she files an appeal to the Board of Ethics and Registration on June 1, 2025, to have the case reviewed.

FAQ

1. How long do states have to set up their own medical councils?

States must establish these councils within three years of the commencement of the Act.

2. Who handles complaints if my state does not have a medical council?

In states where no council exists, the Board of Ethics and Registration for Indian System of Medicine receives and handles misconduct complaints.

3. Can a medical council fine me without a hearing?

No, the law requires that the practitioner must be given an opportunity of hearing before any order or action, including a monetary penalty, is taken.

4. What is the deadline to appeal a decision to the Commission?

A practitioner must prefer an appeal to the Commission within sixty days of receiving the decision from the Board of Ethics and Registration.

Test yourself

Q1.Under Section 31 of The National Commission for Indian System of Medicine Act, 2020, what is the deadline for a State Government to establish a State Medical Council if one does not exist?

Q2.According to Section 31 of The National Commission for Indian System of Medicine Act, 2020, who is responsible for receiving complaints if a State Medical Council has not been established yet?

Q3.Under Section 31 of The National Commission for Indian System of Medicine Act, 2020, what must happen before a State Medical Council can impose a monetary penalty on a practitioner?

Q4.If a practitioner is aggrieved by a decision made by the Board of Ethics and Registration, how much time do they have to appeal to the Commission under Section 31 of The National Commission for Indian System of Medicine Act, 2020?

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