Haryana act 013 of 2005 : Haryana Health Care Workers Act, 2004

Section 1. Short title extent and Commencement

1. Short title, extent and commencement.- (1) This Act may be called the Haryana Health Care Workers Act, 2004.

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force on such date as the Government may by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise ???-

(a) "Board" means the Board established and constituted under section 3 of this Act;

(b) "Director" includes the Director of Ayurveda, Haryana and includes the Deputy Director of Ayurveda. Haryana, the Assistant Director of Ayurveda, Haryana and such other officer as the Government may appoint for exercising all or any of the functions of the Director under this Act;

(c) "Government" means the Government of the State of Haryana;

(d) "Health Care Worker" means a person who provides his services to old, infirm, disabled, incapacitated and needy persons etc.;

(e) "member" means a member of the Board and includes the Chairman;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "Register" means the Register of Health Cure Workers whose names are entered in the Register;

(h) "Registrar" means the Registrar appointed under section 10 of this Act.

Section 3. ??? and constitution of Board

3. ??? and constitution of Board.- (1) There shall he established and constituted for the purpose of carrying out the provisions of this Act a Board to be known as the Board of Haryana Health Care Workers consisting of a Chairman and seven other members residing in the State of Haryana. All the members of the Board including the Director shall be appointed by the Government on such terms fund conditions as it may deem fit.

(2) The Chairman and the members of the Board shall hold office during the pleasure of the Government.

(3) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to hold and dispose of property, and to contract, and may by the said name sue and be sued.

Section 4. ???

4. ???.- If a vacancy occurs in the office of a member of the Board through death, resignation, removal or disability of such member or otherwise, the vacancy stall be filled in the manner as may be prescribed.

Section 5. Resignation

5. Resignation.- Any member of the Board may at any time resign his office by letter undressed to the Government and the resignation shall take effect from the date on which it is ??? by it.

Section 6. ???

6. ???.- No person shall be eligible for appointment as a member of the Board-

(a) who is a minor or an undischarged insolvent; or

(b) who has been adjudicated by a Competent Court to be of unsound mind; or

(c) who has been sentenced by a Criminal Court to imprisonment for such offence involving moral turpitude as may be declared by the Government.

Section 7. ??? not to validate preceding of Bord

7. ??? not to validate preceding of Bord.- No act done, or proceeding taken under this Act by the Board shall by invalid merely on the ground-

(a) of any vacancy or defect in the constitution of the Board; or

(b) of any defect or irregularity in nomination or appointment of person acting us a member thereof; or

(c) of any defect or irregularity in such act or proceeding, ??? affecting the merits of the case.

Section 8. Time and place of meeting of Board

8. Time and place of meeting of Board.- The Board shall meet at such time and place and every meeting of the Board shall be summoned in such manner, as may be provided in the rules made under this Act:

Provided that until such rules are made, it shall be lawful for the Chairman to summon a meeting of the Board at such time and place a? he may deem expedient by letter addressed to each member.

Section 9. Procedure of meetings of Board

9. Procedure of meetings of Board.- (1) The Chairman and in his absence a person elected by the members of the Board from amongst themselves, shall preside at every meeting of the Board.

(2) All questions at a meeting of the Board shall be decided by the votes of the majority of the members present and voling:

Provided that in case of equality of votes, the Chairman or the person presiding, as the case may be shall, in addition to his vote as a member of the Board, have a second or casting vote.

(3) Four members shall form a quorum at a meeting of the Board:

Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at next meeting called transacting the same business.

Section 10. Registrar and others staff

10. Registrar and others staff.- (1) Subject to such rules as the Government may make in this behalf, the Board shall appoint a Registrar who shall, receive such salary and allowances and; be subject to such conditions of service as may be prescribed:

Provided that until a Registrar is so appointed, appointment made by the Government as Registrar shall be deemed to be Registrar who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the Government.

(2) The Board may appoint such other employees as may be necessary for carrying out the purposes of this Act and such employees shall, receive such salary and allowances and be subject to such conditions of service as may be prescribed.

(3) All employees of the Board including the Registrar shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

Section 11. Duties of Registrar

11. Duties of Registrar.- (1) Subject to the provisions of this Act and the rules made thereunder and subject to any general or special order of the Board, it shall be the duty of the Registrar in maintain the Register and to act as the Secretary to the Board.

(2) The Register shall be in such form as may be prescribed and shall contain the names, addresses and qualifications of every Health Care Worker together with the dates on which qualifications were acquired.

(3) The Registrar shall keep the Register correct as far as possible, and may from time to time filter therein any ??? alteration in the address or qualification of the Health Care Worker. The ??? of the enrolled Health Care Workers who the or whose names are directed to be removed born the Register under this Act shall be removed from the Register.

(4) A Health Care Worker shall, on payment of such fees as may be prescribed, be entitled to have entered in the Register any further degrees, diplomas, or certificates or other qualifications in Ayurvedic and Unani Systems or other recognized medical degrees, diplomas or certificates which he may obtain.

(5) For the purposes of this section, the Registrar may write by registered post to any enrolled Health Care Worker at the address which is entered in the Viegister enquiring whether he has ceased to provide service or has changed his residence and if no answer is received to the said letter within three months the Registrar may remove the name of the said Health Care Worker from the Register.

Section 12. Eprolment

12. Eprolment.- (1) Every person possessing bonafide degree, diploma or certificate from any University, Board or Institution established by law in pharmacy or in heath sciences such as physiotherapy, nursing, laboratory technician, vaidya, up-vaidya etc. and providing their services to old, infirm, disabled, incapacitated and needy persons etc. in his State of Karyana shall, subject to the provisions of this Act and on payment of such fees as may be prescribed in this behalf, be enrolled it the Register subject to such condition as may be prescribed.

(2) no person shall be enrolled under this section to have this name enrolled in the Register if he is a minor.

Section 13. Renewal of ???

13. Renewal of ???.- Every Health Care Worker shall get his enrolment renewed after every five years within one month of the expiry of the period of enrolment on payment of such fees as may be prescribed.

(2) If the Health Care Worker fails to get his enrolment renewed within the period provided in sub-section (1), his name shall, thereafter stand removed from fire Register:

Provided that his name may be re-entered in the Register by the Registrar on payment of such additional fee as may be prescribed within two months after the expiry of the period provided for renewal.

Section 14. Powers or ??? prohibit entry in or to direct removal from Register etc.

14. Powers or ??? prohibit entry in or to direct removal from Register etc.- The Board may prohibit the entry in or order the removal from, the ??? any Health Care Worker-

(a) who has been sentenced by a Criminal Court to imprisonment for such offence involving mom turpitude as may be declared by the Government; or

(b) whom the Board after proper enquiry either made by itself or by a Committee appointed for the purpose by the Board from oui of its members, has found guilty of misconduct or violating any of the provisions of this Act.

Section 15. Procedure in ???

15. Procedure in ???.- For the purposes of any inquiry held under clause (b) of sub-section (1) of section 14, the Board or a Committee appointed by the Board shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872 (Act 1 of 1872), and shall, so far as may be, follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908).

Section 16. Appeal to Board from decision of Registrar and other powers of Board

16. Appeal to Board from decision of Registrar and other powers of Board.- (1) Any person aggrieved by the decision of the Registrar regarding the enrolment of any person or any entry in the Register may, on payment of such fee as may be prescribed, appeal to the Board.

(2) An appeal under sub-section (1) shall be filed within sixty days, of the passing of the order appealed against after excluding the time spent in obtaining ??? and shall be heard and decided by the Board in the manner prescribed.

(3) The Board may, on its own motion or on the application of any person, after due and proper enquiry and after affording the person concerned an opportunity of being heard, cancel or after any entry in the Register, if, in the opinion of the Board, such entry was made fraudulently or wrongly.

Section 17. Allowances payable to members

17. Allowances payable to members.- There shall be paid to the members for attending meetings of the Board such travelling and other allowances as may be prescribed.

Section 18. Publication of list of Health Care Worker

18. Publication of list of Health Care Worker.- The Registrar shall, at least once in every five years on or before a date to be fixed by the Hoard, cause to be priced any published a ??? list of the names and qualifications of all Health Care Workers for the time being entered in the Register.

Section 19. Cancellation of ???

19. Cancellation of ???.- Whoever wilfully and falsely and by deceitful means secures his enrolment as Health Care Worker, his enrolment shall be cancelled by the Board by passing a speaking order.

Section 20. Bar to sell medicines

20. Bar to sell medicines.- No Health Care Worker shall sell any medicine of the Ayurvedic System or Unani System in public and any violation in this regard would amount in cancellation of enrolment.

Section 21. Control of Government

21. Control of Government.- If at any time it appears to the Government that the Board has neglected to exercise, or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duly imposed upon it by this Act, the Government may communicate the particulars of such neglect, excess or abuse to the Board; and if the Board fails to remedy such neglect, excess or abuse within such time as may be fixed by the Government in this behalf; the Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Board to be exercised and performed by such agency and for such period as the Government may think fit.

Section 22. Protection of action taken in good faith

22. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good Health done or intended to be done under this Act or under any rules or regulations made thereunder.

Section 23. ??? to make rules

23. ??? to make rules.- (1) The Government may, by notification in the Official Gazette and after previous publication, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the salary, allowances and oilier conditions of service of the Registrar and other employees of the Board appointed under section 10;

(b) the form of Register required to be maintained under section 11;

(c) the amount of fees payable under sub-section (4) of section 11;

(d) the manner in which appeals against the decision of the Registrar shall be heard and decided by the Board under section 16 and the fees chargeable for such appeals;

(e) the allowances payable to members under section 17;

(f) the time and place at which the Board shall hold its meeting and the ??? in which such meeting shall be ??? under section 8;

(g) any other matter which may be prescribed.

(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making modification in the rule or the House agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 24. Power to remove difficulties

24. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification, make such provisions, or give such directions, not being inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the ???.