NMC glossary · Penalties and appeals
Appeal To The EMRB: What It Means Under The NMC Rules
Also searched as: EMRB appeal, Second appeal, Appellate authority
A doctor aggrieved by a State Medical Council decision can appeal to the NMC’s Ethics and Medical Registration Board (EMRB) within 60 days, and can make a second appeal within 60 days of the decision on the first.
Updated 7 November 2026. Reviewed by Tamojit Lodh, Founder of Medmatis. Built around the NMC's Public Notice No. R-13014/01/2024-Ethics of 6 October 2026. Not legal advice.
Key facts, with sources
Hide the 4 key facts and their sourcesShow the 4 key facts and their sources
| Fact | Detail | Source |
|---|---|---|
| Term | Appeal To The EMRB (also searched as EMRB appeal, Second appeal, Appellate authority) | Medmatis |
| In the notice | Not defined by the notice; this entry explains how the notice uses it. | NMC notice of 6 Oct 2026, cl. 11.1, cl. 11.2, cl. 11.3, cl. 11.4, cl. 11.5 |
| Applies to | Doctors (RMPs); hospitals follow the Clinical Establishments Act | NMC notice of 6 Oct 2026 |
| In force | From 6 October 2026, with immediate effect. The NMC may issue clarifications and advisories (cl. 12). | NMC notice of 6 Oct 2026 |
In plain words
Clause 11.1 provides the first appeal to the Appellate Authority, the EMRB, within 60 days under section 30(3) of the NMC Act, 2019. The authority examines the appeal independently, may call for records and direct a fresh assessment (cl. 11.2), and must pass a reasoned and speaking order (cl. 11.3). Clause 11.4 allows a second appeal under section 30(4) within sixty days of communication of the decision.
For a violation by a hospital or medical institution, the penalty and appeal route is the one in the Clinical Establishments Act or the applicable state Act. Where a doctor personally authorised, participated in or endorsed a prohibited communication, the doctor’s professional conduct may separately be examined (cl. 11.5).
What it does not mean
- It does not describe how the 60 days are counted in practice. Check the order itself and the Act.
- It does not mean an institution’s problems end with the institution. A doctor who personally authorised or endorsed the communication can be examined separately.
The notice’s own words
Quoted from the NMC notice of 6 October 2026. Check the clause number against the original.
cl. 11.1Any RMP aggrieved by the findings or decision of the SMC may prefer an appeal before the Appellate Authority i.e, EMRB, NMC, within 60 days under Section 30 (3) of NMC Act, 2019.
cl. 11.2The Appellate Authority shall independently examine the appeal and may, where considered necessary, call for the records and direct a fresh assessment, seek additional opinion, or undertake such further examination as it deems fit in accordance with these Guidelines.
cl. 11.3The Appellate Authority shall pass a reasoned and speaking order, clearly recording the basis for affirming, modifying, or setting aside the findings of the SMC.
cl. 11.4The decision on the first appeal may be contested by the RMP through second appeal, in accordance with Section 30 (4), NMC Act, 2019, within sixty days of communication of such decision.
cl. 11.5In case of any violation by a hospital or medical institution, the corresponding penalty and appellate mechanism, in accordance with the Clinical Establishments Act and the Rules framed thereunder/ any other State Act as applicable, shall apply. Where an RMP has personally authorized, participated in, endorsed or otherwise been responsible for the prohibited communication, the professional conduct of such RMP may separately be examined by the concerned State Medical Council, Ethics and Medical Registration Board or National Medical Commission, as applicable.
Our plain-language guide to the whole notice → Check your own text against these rules →
Frequently asked questions
How long do I have to appeal?
60 days for the first appeal to the EMRB under section 30(3) of the NMC Act (cl. 11.1), and sixty days of communication of that decision for a second appeal under section 30(4) (cl. 11.4).
Can a doctor be pursued separately from a hospital?
Yes. Where an RMP personally authorised, participated in, endorsed or was otherwise responsible for the prohibited communication, their professional conduct may separately be examined by the State Medical Council, the EMRB or the NMC (cl. 11.5).
This entry explains a public notice in plain language and quotes its clause numbers. It is not legal advice. Read the original NMC notice and take advice on your own situation.
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