Quackery Crackdown: NMC directs State Medical Councils to appoint officers for taking action against quacks

''The court will take cognizance of an offense punishable under section 54 of the NMC Act upon a complaint in writing made on this behalf by an officer authorized by the Commission or the Ethics and Medical Registration Board or a State Medical Council,'' the circular issued by Dr Yogender Malik, member of the NMC's Ethics and Medical Registration Board (EMRB) stated.

According to Section 34 of the NMC Act, one who is not enrolled in the State Register or the National Register is not entitled to sign or authenticate a medical or fitness certificate or any other certificate which is required by any law to be signed by a duly qualified medical practitioner or entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine.

''Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both,'' the Act states.

Section 54 reads that no court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorized by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be.

''In order to enforce the aforementioned provisions prescribed under Section 34 read with Section 54 of the National Medical Commission Act, 2019, all Medical Councils shall appoint an officer to file complaints before the Court or any other concerned authority to take appropriate action against quacks as per law.

State Medical Councils shall furnish an annual report to the Commission in this regard, it stated.

The punishment for quackery under the NMC Act has been enhanced by up to one-year imprisonment and up to Rs 5 lakh fine compared to the earlier Section 15(3) of the Indian Medical Council Act, 1956, which mentioned a punishment of imprisonment which may extend to one year or a fine which may extend to Rs 1,000 or both.

Section 34 in the National Medical Commission Act, 2019 reads:

(1) No person other than a person who is enrolled in the State Register or the National Register, as the case may be, shall--

(a) be allowed to practice medicine as a qualified medical practitioner;

(b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon;

(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;

(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to medicine: