The UTTAR PRADESH UNAUTHORISED MEDICAL EDUCATIONAL INSTITUTIONS (PREVENTION) ACT, 1973

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UTTAR PRADESH UNAUTHORISED MEDICAL EDUCATIONAL 
INSTITUTIONS (PREVENTION) ACT, 19731 
[U. P. ACT No. 5 OF 1973 ] 
Amended by 
U.P. Act No. 37 of 1975 
U.P. Act No. 26 of 1982 
[Passed in Hindi by the Uttar Pradesh Legislative Council on 
December 14, 1973, and with amendments by the Uttar Pradesh 
Legislative Assembly on January 12, 1973 which were approved by 
the Uttar Pradesh Legislative Council on January 18, 1973.  
Received the assent of the Governor on January 22, 1973 
under Article 200 of the constitution of India and was published in 
the Uttar Pradesh Gazette Extraordinary dated January 22, 1973.] 
AN 
ACT 
to prohibit the promotion and opening of an d the charging of 
fee for admi ssion to and for tuition in unauthorised medical 
institutions, and pro - vide for matters connected therewith or 
ancillary thereto 
It is hereby enacted in the Twenty -third Year of the Republic of 
India as follows:  
Short title 
and extent 
1. (1) This Act may be called the Uttar Pradesh Unauthorised
Medical Educational Institutions (Prevention) Act, 1973. 
(2) It extends to the whole of Uttar Pradesh. 
Penalty for 
opening etc. 
of 
unauthorised 
medical 
colleges 
2. If any person other than a person authorised under section 3
of the Indian Medical Degrees Act, 1916, to confer, grant or issue 
degree, diploma, licence, certificate or other document referred to  in 
that section :- 
(a) permits, opens, organises, maintains or manages any 
institution professing to undertake, conduct, provide or offer 
anyinstruction in Western Medical Science; or 
(b) admits or offers admission on payment of fee (by 
whatever name called) or without such payment to any course 
of instruction in Western Medical Science; or 
(c) makes any arrangement or holds out that 
arrangements have been made for lectures or tutorials or for 
experiments in any laboratory with a view to imparting 
instruction in Western Medical Science; or 
(d) receives any subscription, donation or fee (by whatever 
name called) in respect of any such institution, course or 
arrangement as is referred to in clause (a) clause (b) or 
clause (c), he shall be punishable with rigorous imprisonment 
for a period of 3 years or with fine which may extend to 
Rs.2,000 or with both. 
——————————————————————————————————————————  
1. For S.O.R. see Gazette dated 13th December, 1972.

[Uttar Pradesh Unauthorised Medical Educational Institutions (Prevention) Act, 1973] 
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Explanation-In this section the expression "Western Medical 
Science" has the same meaning as in the Indian Medical Degrees Act, 
1916. 
Penalty etc. 
in relation to 
unauthorised 
medical 
colleges 
opened before 
November 24, 
1972 
3. (1) Where any person has opened or organised or permitted
to be opened or organised any institution professing to undertake, 
conduct, provide or offer instruction in Western Medical Science and 
admitted students on payment of subscription, donation or fee (by 
whatever name called) to any course of instruction or arrangements for 
lectures or tutorials or for experiments with a view to imparting 
instruction in Western Medical Science before November 24, 1972, and 
the maintenance or management of such institutions or the making of 
such arrangements after the said date has become punishable under 
section 2, then- 
(a) any subscription, donation or fee so received, or the un 
spent amount thereof as well a s any property or assets 
including any building, laboratory or equipment acquired by 
such person out of the moneys received as subscription, 
donation or fee shall within fifteen days from the 
commencement of this Act be delivered to the Director of 
Medical and Health Services, Uttar Pradesh (hereinafter in this 
section referred to as the Director), who shall hold it in trust for 
being distributed or utilized as hereinafter provided; 
1[(b) arrangements shall be made for coaching students 
admitted as aforesaid for preparing them to appear at a special 
test for admission to the recognised medical colleges of the 
State, and the expenditure incurred on such coaching 
and holding the test shall be deducted from the moneys 
referred to in clause (a), and any student may on or before 
March 2 [31, 19 82] apply to the Director for refund of the 
balance of the sum paid by him, and the Director may refund 
such proportion thereof as may be available pro-rata for him 
out of the unspent amount;] 
3[(c) The Director shall dispose of the property and assets 
(other than cash ) and convert the same into  cash for being 
distributed pro-rata among the said students after discharging 
the outstanding liabilities, if any, of the person, incurred in 
connection with the opening, organising or running such 
institution before November 24, 1972 and defraying the 
expenses incurred in taking such step.] 
(d) if any sum of money and other property and assets 
remain at the disposal of the Director after he h as taken action 
under the fore going clauses, he may utilise it for p urposes 
connected with the pro vision of instruction in the Western 
Medical Science; 
(e) the Director may require any such person to produce 
before him any book of account, register or other document 
relating to such institution or arrangements or to such 
subscription, donation or fee as are referred to in clause (a); 
——————————————————————————————————————————  
1. Substituted and be deemed always to have been established by section 2 of U.P. Act No. 37 of 1975.
2. Substituted by section 2(a) of u.p. Act No. 26 of 1982
3. Substituted by section 2(b) of u.p. Act No. 26 of 1982

[Uttar Pradesh Unauthorised Medical Educational Institutions (Prevention) Act, 1973] 
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(f) the Director or any person authorised by him in that 
behalf may enter and search any building or other place where 
the Director or such person has reason to believe that such 
books, registers and other documents are kept and the 
provisions of sections 102, 103 and 165 of the Code of Criminal 
Procedure, 1898 shall Mutatis Mutandis apply in relation to any 
entry or search under this section as they apply in relation to 
any entry or search under the said Code; 
(g) the Director may issue a notice to any bank or other 
person with whom any money as aforesaid has been deposited 
by a person referred to in clause (a) calling upon him to desist 
from paying the amount to such person, and instead to pay it 
in the Court of Civil Judge having jurisdiction, and if the 
person to whom notice is issued does not comply with such 
notice, then the said court may, on an application by the 
Director in that behalf, order him to comply with the terms of 
the said notice, and on such order, the Court may issue 
execution as though such order were a decree against that 
person and the provisions of rules 133 to 140 of Order 21 in 
the First Schedule to the Code of Civil Procedure, 1908, shall 
Mutatis Mutandis apply in relation to such notice or order and 
the Director shall be deemed to be decree holder. 
(2) Any person who- 
(a) fails to pay or deliver any sum or other property or 
asset referred to in clause (a) of sub-section (1) within the time 
specified therein to the Director; or 
(b) fails to produce before the Director any book of account 
register or other document as required un der clause ( e) of sub 
section (I); or 
(c) obstructs or prevents the Director or any person 
authorised by him from performing any of the functions 
specified in clause (f) of sub-section (1); 
shall be punishable with rigorous imprisonment for a period of three 
years or with fine which may extend to two thousand rupees or with 
both. 
Offences by 
companies 
4. (1) If the person committing an offence under this Act, is a
company, the company as well as every person in charge of and res - 
ponsible to the company for the conduct of its business at the time of 
the commission of the offence shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished 
accordingly : 
Provided that nothing contained in this sub -section shall 
render any such person liable to any punishment if he proves that the 
offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 
[Uttar Pradesh Unauthorised Medical Educational Institutions (Prevention) Act, 1973] 
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(2) Notwithstanding anything contained in sub -section (1), 
where any such offence has been committed and it is proved that the 
offence has been committed with the consent or connivance of or that 
the commission of the offence is attributable to any neglect on the part 
of, any director, manager, secretary or other officer of the company, 
such director, manager, secretary or other officer shall also be deemed 
to be guilty of that offence and shall be liable to be proceeded against 
and punished accordingly. 
Explanation-For the purposes of this section- 
(a) "Company" means any body corporate and includes a 
firm or other association of individuals; and 
(b) "Director" in relation to a firm, means a partner in the 
firm. 
Complaint on 
behalf of  the 
State 
Government 
5. No prosecution for an offence punishable under this Act
shall be instituted except on a complaint by or on the authority of the 
State Government. 
Repeal of U.P. 
Ordinance No. 
19 of 1972 
6. The Uttar Pradesh Unauthorised Medical Educational
Institutions (Prevention) Ordinance, 1972, is hereby repealed. 
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