Homoeopathy Central Council Inspectors and Visitors Regulations,

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 172] NEW DELHI, WEDNES DAY , MARCH 13, 2024 /PHALGUNA 23, 1945 CG-DL-E-15032024-253041 NATIONAL COMMISSION FOR HOMOEOPATHY NOTIFICATION New Delhi, the 12 th March, 2024 File No. 10 -2/MARBH/NCH/2023 -24.—In exerci se of the powers conferred by sub -section (1) and clauses (v), (w), (x), (y) , (z), z(b) and z(c) of sub -section (2) of section 55 read with section 28 of the National Commission for Homoeopathy Act, 2020 (15 of 2020) and in supersession of the Homoeopathy Central Council (Inspectors and Visitors) Regulations, 1982, except as respects things done or omitted to be done before such supersession, the National Commission for Homoeopathy hereby makes the following regulations namely: - 1. Short title and commencem ent. - (1) These regulations may be called the National Commission for Homoeopathy (Assessment and Rating of Medical Institutions)Regulations, 2024. (2) They shall come into force on the date of their publication in the Official Gazette 2. Definitions. - (1) In these regulations, unless the context otherwise requires - (a) "Act‖ means the National Commission for Homoeopathy Act, 2020 (15 of 2020); (b) ―attached hospital‖ means a teaching homoeopathic collegiate hospital attached to the medical institution; (c) ―course‖ mean s the courses of study in homoeopathy, namely : - (i) Bachelor of Homoeopathic Medicine and Surgery, means an Undergraduate qualification in Homoeopathy recognised as per the provisions of the Act; (ii) ―Doctor of Medicine (Homoeopathy) or Post Graduation in Homoeo pathy‖ a Post Graduate qualification in Homoeopathy recognised as per the provisions of the Act; (iii) any other course with medical qualification recognised by the Homoeopathy Education Board and shall also include trainings or fellowship in Homoeopathy above g raduate level. (d) ―Form‖ means a Form annexed to these regulations; (e) ―Scheme‖ means an organised plan of furnishing information about the Medical Institution for achieving permission and rating; (f) ‗Minimum essential standards‘ means standards laid down by the Ho moeopathy Education Board for conducting course(s), examinations and includes norms for infrastructure, faculty and quality of education and research in medical institutions; (g) ‗Inspector‘ means a team of experts appointed by the Medical Assessment and Rating Board or hired through authorised third -party agency by the Medical Assessment and Rating Board for Homoeopathy for carrying out inspection of medical institutions for asses sment and rating and maintenance of minimum essential standards as specified by the Homoeopathy Education Board. (2) words and expressions used herein and not defined in the regulations, but defined in the Act, shall have the same meanings respectively as ass igned to them in the Act. 3. Procedure of assessment and rating of Medical Institutions. – (1) Each existing medical institution will be invited to submit information in structured format by offline or online mode with relevant annexures on annual basis alo ng with the specified fees to the ‗Medical Assessment and Rating Board for Homoeopathy' for assessment of maintenance of minimum essential standards as specified through regulation and for the rating. (2) Applications received on or before the specified last date of submission along with the required fees shall only be accepted. (3) The medical Institution shall submit continuance of affiliation certificate from the University for the preceding year along with application. (4) All the eligible medical Institution sh all be rated by assessment after a period of five years of opening and every year thereafter, subject to maintenance of minimum essential standards as specified. (5) All such documents with are not in English or Hindi shall be translated and annexed certified with the Application form. (6) The Medical Assessment and Rating Board for Homoeopathy shall verify the fulfillment of the medical institutions in terms of compliance of maintaining minimum essential standards followed by rating of such Institutions. (7) The Medic al Assessment and Rating Board for Homoeopathy may seek any information, clarification, documents or digital material from any Medical College or Medical Institution at any time for the purpose of assessment and rating. 4. Fee to be submitted along with app lication .- The application submitted under regulations shall be accompanied by the fee as specified in the Table -1, below by way of a demand draft or online payment, payable to the National Commission for Homoeopathy, New Delhi, namely: - Table No. 1 For existing Homoeopathic Medical Colleges Fees Amount (Rs.) Under graduate course Post graduate course (alone) For both Post graduate and Under graduate course Processing fee for assessment Two lakhs Three lakhs Four lakhs For establishing New Homoeopa thic Medical Colleges Fees Amount (Rs.) Under graduate course Post graduate course (per subject) Processing fee for assessment Five lakhs Two lakhs For Increase of Seats Processing fee for assessment Four lakhs Twenty -Five Thousand per seat 5. Extension of approval for admissions for existing Institutions based on self -disclosure. –(1) All recognised existing homoeopathic medical Institutions with more than five years of establishment and having permission from Medical Assessment and Rating Boar d for Homoeopathy or Commission or Government of India continuously during last three years shall get extension of approval for admissions for the subsequent year based on self -disclosure through web portal of the Commission, with an affidavit stating full compliance to Minimum Essential Standards as notified, as per the sanctioned intake capacity of the preceding year of notification of this regulation. Such colleges may be inspected for necessary verification of compliance of regulation during the cours e of academic year. Extension of approval for admissions shall be conveyed. (i) Provided that the Institution is not acted upon by Medical Assessment and Rating Board for Homoeopathy or Commission or Government of India under the provisions of clause (f) sub -section (1) of section 28 of the National Commission for Homoeopathy Act. (ii) Provided further that no legal or disciplinary issues pending or contemplated against the Institution. (iii) Provided further that the Institution has not violated the provisions of regula tions on admission of students as specified through regulations. (2) The existing colleges which do not fall in category as per sub regulation (1) above, shall be given permission or denial for admission in subsequent year only after conducting the inspection. (3) The Medical Assessment and Rating Board for Homoeopathy upon inspection if finds institution not having compliances to Minimum essential standards as specified through regulations shall be acted upon sections 8 and 9 of this regulation. (4) Institutions not seeking permission for admissions or are denied permission, consecutively during last five years, shall be considered fresh, if applies to get permission under scheme of opening of opening of new college s shall apply under scheme of opening of new college s as per provisions of the related regulation notified elsewhere. 6. Manner of appointment of inspectors or independent rating agencies for assessment and rating. – (1)The President of Medical Assessment and Rating Board for Homoeopathy shall appoint such num ber of inspectors, authorised third party agency to inspect the medical institution for assessment and rating for maintenance of minimum essential standards as specified . (2) No person shall be appointed as an inspector unless he or she possesses the followin g qualification, namely: - (i) a recognised Post Graduate medical qualification in Homoeopathy included in the Degree Recognition List maintained by the Homoeopathy Education Board of the Commission; and (ii) having at least five years professional experience in a Central Government or State Government or Autonomous Institution. (3) The Medical Assessment and Rating Board for Homoeopathy may also hire services of public sector agency, having experience of similar work of assessment or rating of Medical or Non -medical Institutions as independent assessment and rating agency by calling Expression of Interest on mutually agreed terms and conditions after approval of the Commission. (4) The team of experts or independent assessment and rating agency shall follow the guidelines for assessment of Minimum Essential Standards and or rating of the institutions. 7. Manner of carrying out Inspections for Assessment and Rating of Medical Institutions. – The Medical Institutions, shall be inspected for assessment and rating as under: (a) the Medical Assessment Board of Homoeopathy shall authorise such number of Inspectors or through authorised third -party independent rating agency as deemed necessary to inspect Medical Institutions for assessment and rating to maintain the minimum essential standards as specified; (b) inspections shall be carried out in physical or online or hybrid mode. (c) institutions shall also be assessed as per rating criteria specified in these regulations; (d) rating of medical Institutions shall be made available on the website of the National Commission for Homoeopathy every year; (e) inspection teams or Rating Agency shall be provided all the required documents duly signed by the authority of the Institutions as may be asked to submit during inspection; (f) the information and reports with annexures or video recording of inspection for assessment and rating of a Medical Institution shall be kept confidential. It shall be submitted to the Medical Assessment or Rating Board for Homoeopathy with signatures of all team members in a sealed cover. Copy of the report to be submitted online to official e -mail of the Board on the same day. (g) the report of inspection for rating and assessment shall be made available to the concerned Institution after final decision has been taken by the Medical As sessment and Rating Board for Homoeopathy; and (h) more than one inspection for a college can be conducted during an academic year, if found necessary by the Medical Assessment and Rating Board for Homoeopathy or by the Commission. 8. Failure to maintain minimum essential standards. - Upon assessment, if any Institution is not maintainin g the minimum essential standards as specified, the Medical Assessment and Rating Board for Homoeopathy, shall reduce the intake of seats or deny permission for admissions and rec ommend to th e Commission for withdrawal of recognition in that particular academic year or subsequent year as the case may be. 9. Imposition of penalty for failure to maintain minimum essential standards of education. – The Medical Assessment and Rating Bo ard for Homoeopathy shall issue warning, impose penalty or to take action against the medical Institution for the following reasons namely: - (i) monetary penalty shall be imposed on the Medical Institution for submitting forged documents in support of claim fo r maintenance of minimum essential standards; (ii) monetary penalty shall be imposed on the Medical Institution in case of providing false teaching experience to a teacher or to any other staff; and (iii) monetary penalty shall be imposed on the Medical Institution h aving ghost teachers on their faculty list appointed by them as full -time teachers. (iv) the Medical Assessment and Rating Board for Homoeopathy, may issue warning to the Medical Institution with the directions to rectify the deficiencies in maintaining the Min imum Essential Standards in time bound manner as specified ; (v) failure to rectify the deficiencies within the time period given, if noticed monetary penalty as recommended by the Medical Assessment and Rating Board for Homoeopathy and approved by the Commiss ion shall be imposed on the Medical Institution; (vi) amount of penalty shall be deposited in the Account of the National Commission for Homoeopathy; (vii) permission to the Medical institution shall be denied in the subsequent year if monetary penalty is not deposit ed to the Commission in time; 10. Inspection for Assessment of scheme for establishment of new medical institution. – (1) Inspection for establishing a new Medical Institution shall be considered after assessment of eligi bility requirements as per the norms l aid down by the Homoeopathy Education Board for imparting Under Graduate and Post Graduate courses on submission of required information, and documents along with requisite fee as per the norms as prescribed in the (Form -1). (2) New Institution shall be asse ssed keeping in view of the following requirements before issuing letter of Intents, namely: - (a) adequacy of infrastructure and financial resources as per norms and minimum essential standards laid down by the Homoeopathy Education Board; (b) written consent of the required faculty fulfilling the essential qualification and experience, availability of non -teaching staff; (c) other necessary facilities have been provided to ensure proper functioning of the existing Homoeopathy Hospital and as may be required for the Medical Institution; (d) valid No Objection Certificate from the State Government after holding inspection of the premises as per the format of the Commission; (e) valid consent of affiliation from the affiliating University issued in the format of the Commission with the report of inspection; (3) The application of new scheme shall be returned, if the same is not completed in terms of the required documents and provided under sub -regulation (2). (4) The Medical Assessment and Rating Board for Homoeopathy shall issue Lette r of Intent after verification of required documents and facilities as specified by the Homoeopathy Education Board for new scheme through inspection. (5) The new Medical Institution shall be inspected for assessment for Minimum Essential Standards and rating compulsorily every year after five years from the date and year of establishment, with required fee. (6) Assessment of the new Institution shall be carried out according to phase wise requirements for development for new Scheme as specified by the Homoeopath y Education Board. (7) A Letter of Permission shall be issued after assessment of compliance of minimum essential standards as per the criteria laid down for infrastructure, teaching and non -teaching faculty, medical and para - medical staff, and other adequate facility required and specified for proper functioning of Medical Institution including hospital and specific requirements as indicated in the Letter of Intent and receipt of the required Performance Bank Guarantee in favor of the National Commission for H omoeopathy. (8) The Medical Assessment and Rating Board for Homoeopathy shall verify all facilities after physical inspection of the College, if satisfied on the facilities established in the College and Collegiate Hospital shall issue for permission for one a cademic year. If any essential facilities are found as not addressed, Letter of Permission for subsequent academic year, as the case may be, shall not be issued, or cancelled. (9) Letter of Permission shall be issued for the particular academic year for which the application is received. (10) New Medical Institution shall be assessed compulsorily every year for five years from the date and year of opening with required fee. (11) Assessment for Minimum Essential Standards and Rating of the new Institution shall be c arried out according to requirements of phase wise development as per the new scheme as specified by the Homoeopathy Education Board. 11. Assessment of new scheme for opening new or higher course of study or training. -(1) Inspection for opening a new highe r course or training by a medical institution shall be considered after assessme nt of eligibility requirements for application as specified by the Homoeopathy Education Board through regulation. (2) The Institution shall be assessed keeping in view of the following before issuing Letter of Intent, namely : - (a) adequacy of infrastructure and financial resources as per Minimum Essential Standards, 2024 for new scheme as specified by the Homoeopathy Education Board; (b) adequate academic faculty, non -teaching and suppo rtive staff, additional facilities in Library and Laboratories and all other necessary facilities have been provided to ensure proper functioning of medical institution; (c) adequate hospital facilities and functioning are in existence as assessed through insp ection; (d) The continuance of Affiliation Certificate with list of faculties and guides issued by the University after the University inspections for the last two years; (e) approval of faculties for higher course by the University without affecting Under Graduat e course; and (f) valid No Objection Certificate from the State Government (3) The Medical Assessment and Rating Board for Homoeopathy shall inspect the Medical Institution and issue Letter of Intent, if the applicant institution is found eligible. The Letter of Intent to start a new higher course or training by a Medical Institution shal l include a statement of requirements to be met in respect of buildings, infrastructural facilities, medical and allied equipment, faculty, and other manpower as assessed by the I nspector. (4) In case of failure to fulfill the requirements for opening new Post Graduate Course or higher course of study or training, an opportunity to rectify the defects, within a time period as specified by the Medical Assessment and Rating Board for Hom oeopathy, shall be given. (5) In the case of defects not removed, the scheme shall be disapproved by the Medical Assessment and Rating Board for Homoeopathy. (6) Letter of Permission shall be issued after assessment of compliance of the conditions and requiremen ts indicated in the Letter of Intent and on receipt of the required Performance Bank Guarantee or security deposit in favour of the Commission and appointment of required faculty, other manpower and facilities as per regulations for opening new Post Gradua te Course or Higher Course of study or training. (7) All the facilities shall be verified before approval by the Medical Assessment and Rating Board for Homoeopathy. 12. Assessment for scheme for increase in seating capacity in the existing medical institution. – (1) Inspection for increase in intake capacity in existing Medical Institution shall be considered after Assessment of Eligibility Requirements for application as per Minimum Essential Standards as specified by the Homoeopathy Education Board and on subm ission of required information and documents along with requisite fee. (2) The existing medical institution applying for increase in seating capacity shall be assessed keeping in view of the following, before issuing Letter of Intent, namely: - (a) adequacy of infr astructure and financial resources as per Minimum Essential Standards, 2024 for increase in seating capacity as notified by separate regulations; (b) required academic faculty, non -teaching and supportive staff and other necessary facilities have been provided to ensure proper functioning of Medical Institution as specified in the scheme; and (c) adequate hospital facilities and functioning are in existence. (3) The Medical Assessment and Rating Board for Homoeopathy shall inspect the Medical Institution and issue Lett er of Intent, if the applicant Institution is found eligible. (4) The Letter of Intent to increase in seating capacity in a Medical Institution shall include a statement of requirements to be met in respect of buildings, infrastructural facilities, Medical and allied equipment, faculty, and other manpower. (5) In case of failure to fulfill the requirements for increase in seating capacity, an opportunity to rectify the defects, within a time period as may be specified by the Medical Assessment and Rating Board for Homoeopathy , shall be given. (6) In case of defects not removed, the scheme shall be disapproved by the Medical Assessment and Rating Board for Homoeopathy. (7) Letter of Permission shall be issued only after considering the maintenance of Minimum Essential Stand ards during the last five years and also after assessment of compliance and fulfillment of requirements indicated in the Letter of Intent. (8) Submission of required performance Bank Guarantee or security deposit in favor of the Commission and appointment of r equired faculty and other manpower. (9) In case of failure to fulfill the requirements as assessed by the Medical Assessment and Rating board, the scheme for increase in seating capacity shall be disapproved. 13. Rating criteria for the Medical Institutions. - (1) The Medical Institutions shall be assessed on the following parameters for rating purpose: (i) infrastructure and equipment; (ii) human and finance resources; (iii) hospital operations and functionalities; (iv) teaching -learning program and technology; (v) evaluation of educ ation program (Course outcome); (vi) research and publications; (vii) community outreach program; (viii) staff or student welfare; (ix) accreditation like National Assessment and Accreditation Council, National Accreditation Board for Hospitals, National Accreditation Board for Testing and Calibration Laboratories, International Organisation for Standardization; (x) quality assurance and feedback; and (xi) capacity building of the faculty and staff. (2) The components in respect of infrastructure and manpower are required to be fulfilled by the Medical Institutions, as per the specifications of requirement of applicable in regulations, to have an average score. (3) The higher score shall be given for such Institutions, who have achieved minimum essential standards as specified by the Homoeopathy Education Board and other components like accreditation, research and publications, quality education initiatives and higher educational facility acquired. (4) The rating of Institutions shall be made available on the website of the National Commission for Homoeopathy before the admissions are open in the respective year. (5) The website of Medical Institutions shall publish the link on rating of institutions mentioned on the website of the National Commission for Homoeopathy. (6) Assessment and Rating shall be done annually. (7) The Medical Institutions shall be graded based on the scores obtained during the assessment. Based on the scores, colleges will be rated from ‗A+‘ Grade, ‗A‘ Grade, ‗B+‘ Grade, ‗B‘ Grade up to ‗C‘ Grade. Grade Assessment Score A++ Above 80% of the total score A+ Above 70% up to 80% of the total score B+ Above 60% up to 70% of the total score B Above 50% to 60% of the total score C Below 50% of the total score 14. Appeals on disapproval of a scheme and denial of permission to existing medical institutions for admission s by the Medical Assessment and Rating Board for Homoeopathy. – (1) where no order is passed by the Medical Assessment and Rating Board on a scheme within six months of receiving the pro posal or on disapproval of the scheme, t he person concerned may prefer an appeal to the Commission within thirty days of such disapproval. (2) Manner of appeal to be considered by the Commission has been provided in the National Commission for Homoeopathy (General) Regulations, 2023. The Commission shall follow the same while considering appeal. (3) where the Commission has disapproved the scheme or no order has been passed within fifteen days from the date of preferring appeal under these regulations, the person concerned may prefer a second appeal to the Central Government, within seven days of the communication of such disapproval. 15. Withdrawal of recognition or de -recognition of qualification. - (1)Upon inspection or assessment, the Medical Assessment and Rating Board for Homoeopathy shall send repor t to the Commission fo r withdrawal of recognition or de -recognition of qualification granted to the Medical Institution by a University or Medical Institution on the following reasons, namely : - (a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by a University or Medical Institution do not conform to the minimum essential standards specified by the Homoeopathy Education Board; or (b) the standards and norms for infrastructure, faculty a nd quality of education in medical institutions as determined by the Homoeopathy Education Board are not adhered to by any University or Medical Institution, and such University or Medical Institution has failed to take necessary corrective action to maint ain specified minimum essential standards, the Commission may initiate action in accordance with the provisions of sub -section (2): (c) the Commission shall initiate action to impose penalty or take action for suo-moto withdrawal of recognition granted to the medical qualification awarded by a University. (d) The Commission on the recommendation shall write to the Government of the State in which the University or Medical Institution is situated. The State Government shall seek explanation from the affiliating Univ ersity and upon receiving such explanation shall make the recommendations to the Commission. (e) the Commission shall, after making such further inquiry as it deems fit, and after holding consultations with the State Government or Union territory administrat ion and the authority of the concerned University of Medical Institution, comes to the conclusion that the recognition granted to such medical qualification ought to be withdrawn and by order, shall withdraw recognition granted and upload it on its website for general public (f) The Commission shall direct the Homoeopathy Education Board to amend the entries against the University or Medical Institution concerned in the list maintained by that Board to the effect that the recognition granted to such qualificat ion is withdrawn with effect from the date specified in that order. 16. Closure of Homoeopathy Medical Colleges. - (1) Requirement and eligibility, - (a) The existing Institution seeking for progressive closure or complete closure shall apply to the Medical Assess ment and Rating Board for Homoeopathy with the recommendations of the concerned State and from the affiliating University. (b) In case of progressive closure, closure at first level shall be allowed in the current academic year and the subsequent years of wor king shall be closed at the end of each academic year progressively. However, final closure order shall be issued after completion of the program(s) and submission of Affidavit/Undertaking (Form 1) by the College. (c) In case of complete closure, the instituti on shall be closed completely in one instance. (d) Progressive closure or complete closure is subject to no pending court case filed against the Institution by the Commission or State Government or Central Government. (e) College shall not be eligible to apply to other courses listed in Minimum Essential Education regulation. (f) The affidavit to be submitted for closure of the College shall be as per (Form 2) of the regulation. (2) Procedure: (a) The College has to apply to Medical Assessment and Rating Board for Homoeopath y as per the Regulations. (b) Medical Assessment and Rating board or Committee constituted for scrutiny shall verify the documents submitted by the college. (c) The closure of College shall be effected only on receipt of approval by the Commission. (3) Applications of existing institutions which have applied for closure of the institution, shall be given an extension of permission with zero student intake for the current academic year, for submission of Inspection report of affiliated University. Such institutions shou ld submit all relevant documents after all students passed out (or) redistributed or transferred through affiliated University to nearby Homoeopathic Medical Colleges as recognised by the National Commission for Homoeopathy and seek official closure of the college. (4) The application for closure of the College shall be valid for the duration of the course within which the Institution should submit the required mandatory documents. Medical Assessment and Rating Board for Homoeopathy may close the College after approval of the Commission with the intimation to the affiliating University and State Government or Union territory Administration and shall issue a Public Notice regarding the same. In case of such institutions where Bank Guarantee is to be released, a penalty of the value of security deposit as may be decided by the Commission shall be imposed before the release of same. 17. Criteria for relaxation. - The Commission upon consultation with the Central Government shall relax Minimum Essential Standards as specified by the Homoeopathy Education Board for medical institutions which are set up in such areas like Hills, Tribal, North -Eastern States, or as deemed necessary by the Commission in consultation with the Central Government subject to the condition that q uality of education and health care services shall not be affected seriously. Dr. K.R. JANARDANAN NAIR, President [ADVT. -III/4/Exty./ 825/2023 -24] Form -1 [See regulation 18(1)(b)] Affidavit or Undertaking (To be issued on Homeopathy Medical College lette r head) To The President, Medical Assessment and Rating Board for Homoeopathy, National Commission for Homoeopathy, 61-65, Institutional Area, Janakpuri, New Delhi -110058 Reference: Closure of (Name) Homoeopathic Medical College -reg. Sir, We Undertake the following, namely: - (i) that the college shall provide requisite fund and facility like infrastructure, laboratory, library, computers, faculty and clinical training and so on till all the students studying complete their course. (ii) that college shall also make all such arrangements for students who are trailing due to failure. (iii) that college shall bear liability of refunding the caution money to passing out of the regular as well as trailing students. (Signature of Principal with seal) Form -2 [see regulation 18 (1)(f)] Closure of College (Format of affidavit to be submitted by the applicant on a non -judicial stamp paper of Rs. 100/ - duly sworn before first class Judicial Magistrate or Notary or an Oath Commissioner. I or We <Name> Chairman, <name of the Trust So ciety> Secretary, <name of the trust or Society>, son of …………………….aged………… do hereby solemnly affirm, state and undertake to comply with the following in connection with our application of <College Name and Address> to ……………………..University, for closure of the college. (a) Consequently, I hereby declare that the Trust (Name of Trust and full address) is responsible for (b) The education and examination related work of the students already admitted in this course till completion. (c) Administrative issues of such stude nts and all staff (teaching and non -teaching).‘ (d) No court case is pending against the National Commission for Homoeopathy or Government of India……………. University, (Place) (e) No ragging or women harassment or Police case is pending. (f) No punishable action taken by the National Commission for Homoeopathy or Affiliating University or State Government regarding non -compliance of norms. Name of the authorised person executing the undertaking along with his or her official position with (Seal) Verification I, the abo ve named deponent do hereby verify that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed there from. Verified at <name of the place> on this the <date>. DEPONENT (Name, de signation and address of the executants‘ seal) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.