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Core Purpose

The National Medical Commission proposes draft regulations to amend the "Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment & Rating Regulations, 2023".

Detailed Summary

The National Medical Commission (NMC), under Notification No. M-27011/01/2025-MARB(LEGAL)/NMC dated 17th February, 2026, proposes draft regulations, titled "Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment & Rating (Amendment) Regulations, 2026", to amend the existing "Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment & Rating Regulations, 2023". These amendments are made in exercise of powers conferred by sub-section (2) of Section 57 read with Sections 26, 28 and 29 of the National Medical Commission Act. Key changes include the deletion of Clause 6(a) and 9(c); substitution of Clause 6(g) to allow companies incorporated under the Companies Act, 2013, or corresponding law; insertion of a new Clause 6(h) for trusts registered under respective state statutes; and amendments to Clause 9 regarding required documents. Specifically, Clause 9 now mandates an Essentiality Certificate (EC) from the State Government or UT administration (not applicable for established colleges applying for new Post-graduate courses) and a Consent of Affiliation (CoA) letter from a recognized university, both valid at the time of application. Clause 9(d) is amended to require a solvency certificate from a Chartered Accountant within ninety days prior to the application deadline. The first proviso after Explanation 3 under Clause 9 is amended to state that incomplete applications (lacking mandated documents) will be rejected by the Medical Assessment & Rating Board (MARB) as per Section 28(2) and 28(3) of the NMC Act. A new paragraph is inserted after the first paragraph and before the first proviso of Clause 15, requiring applicants to submit an undertaking for a dedicated corpus fund for new medical institutions, and existing colleges must also maintain such a fund, with the amount determined and revised by the MARB. Clause 31(c) and 31(h) are also amended to allow for withholding processing or rejection of applications for new schemes or seat increases, and to halt/reject applications if MARB or NMC is pressurized. The principal regulations were published in the Gazette of India on 2nd June, 2023, vide CG-DL-E-0262023-246253 and NMC Notification No. M-27011/01/2023-MARB. The NMC invites objections and suggestions from stakeholders within thirty days from the publication date, to be submitted via email to emiarr2026amendment@nmc.org.in in the prescribed format.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-20022026-270323 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 117] NEW DELHI, WEDNESDAY, FEBRUARY 18, 2026/MAGHA 29, 1947 1247 GI/2026 (1) NATIONAL MEDICAL COMMISSION NOTIFICATION New Delhi, the 17th February, 2026. No. M-27011/01/2025-MARB(LEGAL)/NMC- In exercise of the powers conferred vide sub- section (2) of Section 57 read with Sections 26,28 and 29 of the National Medical Commission hereby makes the following draft regulations to further amend the “Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment & Rating Regulations, 2023" or "Establishment of New Medical Institutions, Assessment & Rating Regulations, 2023" namely – 1. (i) These regulations may be called the – “Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment & Rating (Amendment) Regulations, 2026" in short "Establishment of New Medical Institutions Assessment & Rating (Amendment) Regulations, 2026". (ii) They shall come into force from the date of the publication in Official Gazette. 2. In the Establishment of Medical Institutions, Assessment & Rating Regulations, 2023 i. Clause 6 (a) shall be deleted. ii. Clause 6(g) shall be substituted by “A Company duly incorporated under the Companies Act, 2013 or any other corresponding law in force during its establishment." iii. After Clause 6(g) and a new Clause 6(h) shall be inserted as: “A Trust registered under the respective statute meant to establish and regulate trusts in the respective State." iv The clause 9, "No application submitted by the eligible entity shall be entertained unless it is accompanied with- " shall be substituted by "The following documents shall be submitted by the eligible entity-". v. The clause 9 (a) shall be substituted as: "Essentiality Certificate (EC) issued by the concerned State Government or Union Territory administration or the appropriate authority as the case may be unless otherwise specified. The EC shall be valid at the time of application. This clause shall not be applicable for established colleges applying for starting of new Post-graduate courses.” vi. The clause 9(b) shall be substituted as: "A Consent of Affiliation (CoA) letter obtained from a recognized university, issued in the name of the applicant/the Medical College/ the entity in writing. The CoA shall be valid at the time of submission of application; and vii. The Clause 9 (c) shall be deleted. viii The clause 9 (d) shall be amended as: A solvency certificate based on last completed financial year issued by a Chartered Accountant within ninety days prior to the last date of invitation of the application. ix The first proviso after Explanation 3, under clause 9 shall be amended as: “Provided any incomplete applications received, meaning applications without the mandated documents specified in the present Regulation, shall not constitute a valid/eligible scheme as per Section 28(2) of National Medical Commission Act, 2019 and the same be rejected by the MARB without any opportunity as mandated under Section 28(3) of the NMC Act and clause 13 of this regulation.” x. A "new para” shall be inserted after “first para" and before “the first proviso" of the clause 15 as: “The applicant/entity shall submit an undertaking at the time of submission of application for earmarking a corpus fund dedicatedly applicable to functioning of the new medical institution. Further, all Medical Colleges already running will also have to maintain a corpus fund dedicatedly applicable to functioning of the medical college. The amount of such Corpus fund shall be determined by the Medical Assessment & Rating Board and shall be communicated through Notice. The amount of corpus fund shall be subject of revision time to time. The College will have to submit the documentary proof whenever directed by the MARB.” xi The clause 31 (c) shall be amended as: Withholding processing or rejection of application(s) for any new scheme/s or for increase in seats for that academic year or for a such number of years. xii The clause 31 (h) shall be amended as: "Any attempt to pressurize MARB or NMC through individuals or agency will lead to immediate halt of the processing or rejection of the application(s)/request(s) by the medical Institution." Dr. RAGHAV LANGER, Secy. [ADVT.-III/4/Exty./692/2025-26] Note:- The principal regulation was published in the Gazette of India, Extraordinary, Part III, Section 4, vide CG-DL-E-0262023-246253 dated 2nd June, 2023 vide NMC Notification No. M-27011/01/2023- MARB. The National Medical Commission proposes certain amendment to “Establishment of New Medical Institutions, Assessment & Rating Regulations, 2023". The draft Regulation amending the Regulation in Clause 6, 9, 15 and 31 have been prepared and approved by the competent authority following due procedures is hereby published for information of all stakeholders likely to be affected thereby and notice is hereby given that the said draft Regulation (amendment) shall be taken into consideration on or after the expiry of a period of thirty (30) days from the date on which the copies of the Gazette of India containing these draft Regulation (amendment) are made available to public. Objection and suggestion which may be received from any person within the period specified above will be considered by the National Medical Commission. Objections and suggestions, if any, may be addressed to the Director (PG-MARB), NMC, Room No. 003, Guest House, Ground Floor, National Medical Commission, Pocket – 14, Sector-8, Dwarka, Phase-1, New Delhi-77 and sent by e-mail at (emiarr2026amendment@nmc.org.in) in the prescribed format attached below: The objections and suggestion be sent only on the above e-mail ID and objection/suggestions received in any other means i.e. physical or through other modes will not be entertained. The draft notification will be available on National Medical Commission's website https://www.nmc.org.in Format for seeking Suggestion/Comments +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ | SI. | Name & Address of the | Relevant Section in the Draft | Comments/Rationale | Remarks | | No. | person/ organization Contact | Notification on which comments | Suggestions | | | | Number, e-mail ID | are being provided | | | +=====+===================================+==================================================+==========================+=================+ | | | | | | +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ | | | | | | +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ | | | | | | +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ | | | | | | +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ | | | | | | +-----+-----------------------------------+--------------------------------------------------+--------------------------+-----------------+ 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.

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