Maharashtra act 014 of 2021 : The National Commission for Allied and Healthcare Professions Act, 2021

THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE

PROFESSIONS ACT, 2021

NO. 14 OF 2021

[28th March, 2021.] An Act to provide for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the National Commission for Allied and Healthcare Professions Act, 2021.

Short title and

commencement.

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EXTRAORDINARY

Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lañ 16] ubZ fnYyh] jfookj] ekpZ 28] 2021@pS= 7] 1943 ¼'kd½ No. 16] NEW DELHI, SUNDAY, MARCH 28, 2021/CHAITRA 7, 1943 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. xxxGIDHxxx

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jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 28th March, 2021/Chaitra 7, 1943 (Saka) The following Act of Parliament received the assent of the President on the 28th March, 2021, and is hereby published for general information:— सी.जी.-डी.एल.-अ.-28032021-226213

CG-DL-E-28032021-226213

treet Ge She Tere &)04/^/21 GIS ERED O. L—(N)04/0 7/2003—21 JINR a Ista

The Gazette of Gudia

Oy. GH. ST. We. 37.-2803 1- 26213

G-DL-E-28032021-2 6213

STATA

ORDINARY

wt T ears 1 RT II Section 1 wi trar SB venttera

LI ED Y THORITY

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I I RY F ND TICE

egislative epartment) ew elhi, the 8th arch, 21/Chaitra 7, 1 43 ka) he o ing ct f arl ent i ed e sent f e resident n e 8th arch, 21, d is r by bli ed r neral n o m t o —

E TI NAL MMIS ION R LLIED ND L HCARE

FES IONS CT, 21

o. 14 oF 21 th arch, 021.] n ct vide r ulati n d aintenance f ards f ucation d ices y allied d alt care r fes ionals, ent of t t ns, aintenance of a entral egister d tate egister d t n a to mprove ces , rch d ent d option of latest i ntific cement d for atters nected h ith or i ental reto. E it acted y ar ent in e enty-s cond ear f e epublic f dia as o s —

ELI I ARY

1. (/) his ct ay e ll d e ational ommission r l ied d ealthcare hort title d r fessions ct, 21. mencement.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. In this Act, unless the context otherwise requires,—

(a) "Advisory Council" means the National Allied and Healthcare Advisory Council constituted under sub-section (1) of section 12;

(b) "allied and healthcare institution" means an educational or research institution which grants diploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in any allied and healthcare professional under this Act;

(d) "allied health professional" includes an associate, technician or technologist who is trained to perform any technical and practical task to support diagnosis and treatment of illness, disease, injury or impairment, and to support implementation of any healthcare treatment and referral plan recommended by a medical, nursing or any other healthcare professional, and who has obtained any qualification of diploma or degree under this Act, the duration of which shall not be less than two thousand hours spread over a period of two years to four years divided into specific semesters;

(e) "allied and healthcare qualification" means a recognised diploma or degree possessed by an allied and healthcare professional through regular learning mode under this Act or any additional recognised course obtained thereafter;

(f) "Autonomous Board" means the Autonomous Board constituted under sub-section (1) of section 29;

(g) "Central Register" means the Central Allied and Healthcare Professionals' Register maintained by the Commission under section 13;

(h) "Chairperson" means the Chairperson of the Commission appointed under clause (a) of sub-section (3) of section 3;

(i) "Commission" means the National Commission for Allied and Healthcare Profession constituted under sub-section (1) of section 3;

(j) "healthcare professional" includes a scientist, therapist or other professional who studies, advises, researches, supervises or provides preventive, curative, rehabilitative, therapeutic or promotional health services and who has obtained any qualification of degree under this Act, the duration of which shall not be less than three thousand six hundred hours spread over a period of three years to six years divided into specific semesters;

(k) "Interim Commission" means the Interim Commission constituted under sub-section (1) of section 20;

(l) "Member" means a Member of the Commission or, as the case may be, the State Council, including the Chairperson, Vice-Chairperson and Part-time Member;

(m) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly;

(n) "Part-time Member" means the Part-time Member of the Commission nominated by the State Government under sub-clauses (i) and (ii) of clause (d), and nominated by the Central Government under sub-clause (iii) of clause (d) of section 3;

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

(p) "Professional Council" means the Allied and Healthcare Professional Council constituted under sub-section (1) of section 10;

Definitions.

E ZET E F N IA ORDINARY Parr ]—

efinitions.

) It al e to rce n ch ate as e entral overnment ay, y

notification, point; d different dates ay be pointed for different r visions of this ct d y ce in y vision to the mencement of this ct shall be nstr ed as a ce to e ing to rce f at r vision.

2. In is ct, nles e ntext r ise i —

(a) dvisory ouncil" eans the ational l ied d ealthcare dvisory ouncil nstit ted der -secti n (/) f ti n 12;

(6) "allied and ealt care institution" eans an ucational or rch institution hich grants a or dergraduate, st raduate or ctoral gre or any other ost gre rt t n in y l d d alt care r fessional der is ct;

(d) "allied health r fessional" des an associate, nician or nologist ho is d to r y nical d ractical k to port nosis d e ent f n s , i ease, ry or mpairment, d to port mpl mentation f y ealt care e ent d fer al l n com ended y a edical, rsi g or y t er alt care r fes ional, d ho as t i ed y alifi ati n f a or gree der this Act, the rati n of hich shall not be less than o sand urs ad ver a eri d of o years to four years i ed into specific esters;

(e) "allied and alt care alifi ati n" eans a gnised a or gre ssessed y n d d alt care fessional gh ular e i g ode der this ct or y diti nal gnised urse t i ed thereafter;

(f) t mous oard" eans the ut omous oard nstit ted der -section (/) f ti n 9;

(g) entral egister" eans e entral l ied d ealthcare rofes ionals' egister aintained by the ommission der section 13;

(h) hairperson" eans the hairperson of the ommission ointed der se (a) of -section (3) of section 3;

(') mmission" eans e ational ommission r l ied d ealthcare r fession nstit ted der -section (/) of section 3;

(j) alt care r fessional" des a scientist, therapist or other fessional ho studies, vises, arches, ervises or vides r ventive, rative, abilitative, peutic or otional ealth ices d ho as t i ed y alifi ati n of gre der this Act, the rati n of hich shall not be less than three sand six ndred ours ad er a eri d of three years to six years i ed into specific esters;

(k) ommission" eans e ommission nstit ted der -section (/) f ti n 0;

(2) ember" eans a ember of the ommission or, as the case ay be, the tate ouncil, n ing e hairperson, i - hairperson d art e ember;

(m) otif ati n" eans a otif ati n bli ed in the Official azette d the pression "notified" shall be nstr ed ordingly;

(n) art me ember" eans e art me ember f e ommission minated by the State overnment der -cl uses (7) and (ii) of clause (d), and minated by the entral overnment der -clause (iii) of clause (d) of section 3;

(0) cri ed" eans scri ed by rules ade der this Act;

(p) r fes ional ouncil" eans e l i d d ealthcare r fessional ouncil nstit ted der -section /) f ti n ;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(q) "recognised categories" means any category of the allied and healthcare professionals specified in the Schedule;

(r) "regulations" means the regulations made by the Commission;

(s) "Schedule" means the Schedule annexed to this Act;

(t) "State Council" means a State Allied and Healthcare Council constituted under sub-section (1) of section 22;

(u) "State Government" includes Union territory Administration;

(v) "State Register" means the State Allied and Healthcare Professionals' Register maintained under section 32;

(w) "Task shifting" means the process whereby specific tasks are moved, where appropriate to related allied and healthcare professionals specialised in those tasks, by reorganising the health workforce efficiently for improved healthcare;

(x) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declared to be a deemed University under section 3 of that Act;

(y) "Vice-Chairperson" means the Vice-Chairperson of the Commission appointed under clause (b) of sub-section (3) of section 3.

CHAPTER II

NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION

3. (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.

(3) The Commission shall consist of the following, namely:—

(a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government—Chairperson;

(b) a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions— Vice-Chairperson;

(i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice—ex officio Member;

(ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health—ex officio Member;

(iii) Joint Secretary to the Government of India in the Department of Higher Education—ex officio Member;

3 of 1956.

Constitution

and

composition of

Commission.

ec. 1] E ZET E F N IA ORDINARY

3 of 1956.

(q) nised t gories" eans y ory of the allied d alt care fessionals ecified in the hedule;

(r) ulati ns" eans the ulati ns ade by the ommission;

(s) hedule" eans the hedule exed to this Act;

(t) "State ouncil" eans a State l ied d ealthcare ouncil nstit ted der -section /) f ti n 2;

) tate overnment" des nion ry dmin stration;

(v) tate egister" eans e tate l i d d ealthcare rofes ionals' egister aintained der ti n 2;

(w) ask shifting" eans the r ces hereby specific tasks are oved, here propriate to related allied d alt care r fessionals ciali ed in those tasks, y anising e ealth orkforce ntly r mproved ealthcare;

(x) niversity" eans a niversity fi ed der clause (f) of ti n 2 of the niversity rants ommission Act, 56 d n des an institution clared to be a ed niversity der ti n 3 f at ct;

(v) i hairperson" eans the i - hairperson of the ommission ointed der se (b) of -section (3) of t n 3.

APTER II

ATIONAL OM IS ION R L IED D EALTHCARE ROFES ION

3. (/) ith effect ch date as the entral overnment ay, by notification, point in is ehalf, ere al e nstit ted a ommission to e ll d e ational ommission r l i d d ealthcare r fession r ercisi g ch wers d arging ch duties as ay be laid n der this Act.

(2) he ommission shall be a dy rporate by the e aforesaid, ving erpetual ession d a mon seal, ith wer to acquire, old d ose of roperty, oth ovable d mmovable, d to ntract d shall by the e e sue or be sued. ) he ommission al nsist f e ing, ely:-

(a) a rson ving an t ding ability, ven ministrative pacity d integrity d sses ing a st raduate gre in y fession of gnised ory f d d alt care ces o y niversity ith perience f ot less than enty-five years in the field of allied d alt care nces, out of hich at least ten years shall be as a leader in the area of allied d alt care fessions to e ointed y e entral overnment—Chairperson;

(b) a rson ving an t ding ability, ven ministrative pacity d integrity, sses ing a st raduate gre in y r fession of gnised ory f d d alt care ces o y niversity ith perience f ot ss n enty years in the field of allied d alt care ces, out of hich at least ten ears shall be as a er in the area of allied d alt care o i e- hairperson;

(i) int cretary to e overnment f dia in e epart ent f egal f airs, inistry f aw d ce—ex ff io ember;

(ii) int ecretary to e overnment f dia in e epart ent f ealth d amily elfare, inistry f eal ex ff io ember;

(iii) int cretary to e overnment f dia in e epart ent f igher ca on ex officio ember;

onstitution

and

position of

mmis ion.

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(iv) Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment—ex officio Member;

(v) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship—ex officio Member;

(vi) one person representing the Directorate General of Health Services not below the rank of Deputy Director General—ex officio Member;

(vii) one person representing the Indian Council of Medical Research not below the rank of Deputy Director General—ex officio Member;

(viii) one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India— ex officio Member—

(a) Atomic Energy Regulatory Board;

(b) National Medical Commission; and

(ix) three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government—ex officio Members,—

(a) All India Institute of Medical Sciences, New Delhi;

(b) All India Institute of Physical Medicine and Rehabilitation, Mumbai;

(d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong;

(e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi;

(f) National Institute of Mental Health and Neuro-Sciences, Bengaluru;

(g) National Institute of Nutrition, Hyderabad;

(h) National Institute of Rehabilitation Training and Research, Cuttack;

(i) National Institute of Orthopedically Handicapped, Kolkata;

(j) All India Institute of Speech and Hearing, Mysore, Karnataka;

(k) Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and

(l) Tata Memorial Hospital, Mumbai;

(d) the following persons shall be the Part-time Members of the Commission, namely:—

(i) two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government;

(ii) The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be E ZET E F N IA ORDINARY Parr ]—

(iv) int cretary to e overnment f dia in e epart ent f powerment f ersons ith isabil ties, inistry f ocial stice d powerment ex ff io ember;

(v) int ecretary to e overnment f dia in e inistry f kil evel pment d nt p ex officio ember;

(vi) one rson r senting the irectorate eneral of ealth ervices not the k of eputy irector ener ex officio ember;

(vii) ne rson r senting e ian ouncil f edical esearch ot e k f eputy irector ener ex ff io ember;

(viii) ne rson r senting ut f e o ing, n i nnial t t n asis, ot e k f eputy ecretary to e overnment f a x ff io ember

(a) tomic nergy egulatory oard;

(6) ational edical ommission; and

(ix) ree ersons ot e k f eputy irector or edical perint ndent r senting e ing, n i nnial t t n asis, to e minated by the entral over ent ex officio embers,

(a) l dia stit te f edical ci nces, ew elhi;

(6) l dia stit te f hysical edicine d ehabil tation, umbai;

(d) orth astern dira andhi egional stit te f ealth d edical ci nces, hill ng;

(e) Pt. eendayal padhyaya ational stit te r ersons ith hysical isabil ties, elhi;

(f) ational Institute of ental ealth d euro-Sciences, engaluru;

(g) ational stit te f utrition, yderabad;

(h) ational stit te f ehabil tation raining d esearch, ut ack;

(') ational Institute of rt opedically andicap ed, olkata;

(j) l dia stit te f eech d earing, ysore, arnataka;

(k) ree hitra irunal stitute for edical i nces d chnology, i anthapuram, erala; d

(J) ata emorial ospital, umbai;

(d) the o ing rsons shall be the art e embers of the ommission, el

(i) o rsons o ch of the six nes senting the State ouncils on i nnial rotation in the abetical order as per the nal i ti n ving ch alifi ati ns d perience as ay be scri ed by the entral overnment to be minated by the cerned State overnment;

(ii) he resident of the r fes ional ouncil d ne erson r senting ch of the r fes ional ouncils to be t d in ch a an er as ay

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and

(iii) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government.

4. (1) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.

(2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government.

(3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government.

5. (1) Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may—

(i) relinquish his office by giving in writing to the Central Government notice of not less than three months; or

(ii) be removed from his office if he—

(a) has been adjudged insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Part-time Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

6. (1) The ex officio Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission.

(2) A Member nominated under sub-clause (i) of clause (d) of sub-section (3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council.

(3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed.

7. (1) The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government.

Term of

office and

conditions of

service of

Members.

Resignation

and removal

of Members.

Cessation of

membership

and filling up

of casual

vacancy of

Member.

Meetings of

Commission.

ec. 1] E ZET E F N IA ORDINARY

scri ed by the entral overnment on i nnial rotation of fessions by a mitte prising f hairperson, i - hairperson d e x ff io

ember der -clause (ii) of clause (c); d

(iii) o ersons, r senting aritable institutions aged in ucation or ices in nection ith y gnised t gory, ving ch alifi ati ns d perience as ay be r scri ed by the entral overnment, to be minated by the entral overnment.

4. (/) he hairperson, i - hairperson of the ommission and the art e ember minated der -clauses (1), (i7) d (iii) of se (d) of -section (3) of section 3 al old ffice r a ot eeding o ears o e ate n hich y ter on eir ffi e d al e i le r ination r a axi um eri d f o s.

(2) he salaries d o ances yable to, d other nditions of service of, the hairperson d i hairperson of the ommission shall be ch as ay be scri ed by e entral overnment.

(3) he art e ember minated der -cl uses (1), (ii) and (iii) of clause (d) of -section (3) of section 3 shall eive h travelling d other o ances as ay be scri ed by the entral overnment.

5. (J) otwithstanding ything ntai ed in -section (/) of ti n 4, the hairperson, i - hairperson f e ommission d e art- e ember minated der -clauses (1), (ii) d (ii7) of clause (d) of -section (3) of section 3 a

(2) n uish is ffi e y i g in riti g to e entral overnment otice f ot ss n ree onths; or

(ii) e oved o is ffice if

(a) as en ged lvent; or

(b) as een nvicted f n ce hich, in e i ion f e entral overnment, olves oral turpitude; or

(d) as uired ch ncial or t er rest as is k ly to fect r j dicial y his cti ns as a art e ember; or

(e) as so used is ositi n as to der is t ance in ffice r judicial to the ublic interest.

(2) o art e ember al e oved o his ffi e der se (d) or se (e) f -section (/) nles e as en en a nable portunity f ei g ard in e atter.

6. (1) he ex officio ember der ses (i) to (ix) of -section (3) of t n 3, shall ase to be a ember of the ommission on his ssati n to the service by virtue of hich he as ointed as a ember of the ommission.

) ember minated der -clause (i) f se ) f -section ) f

ti n 3, al ase to e ember f e ommission n oval f is e o e

(3) he hairperson, i hairperson or y other ember ointed der y sual ancy in e ommission der -section (3) f ti n 3 al old ffi e nly r e ainder f e f e ember in hose l ce e as en pointed.

7. (1) he ommission shall e t at least ce in ery uarter at ch time d l ce as ay be ci ed by the hairperson, d shall serve ch rules of cedure in ard to the a cti n of sines at its e tings in the an er as ay be r scri ed by the entral overnment.

r of

office d

nditions of

ice of

embers.

esignation

d oval

of embers.

es ation of

embership

d filling up

of sual

ancy of

ember.

e tings of

mmis ion.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting.

(3) One-half of the total number of Members of the Commission including the Chairperson or Vice-Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or casting vote.

8. No act or proceeding of the Commission shall be invalidated merely by reason of —

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

(b) any defect in the appointment of a person acting as a Member of the Commission; or

9. (1) Subject to such rules made by the Central Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government.

(3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council.

10. (1) The Commission shall, by notification, constitute Professional Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government:

Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category.

(2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional Council.

(3) The president and the member of the Professional Council shall be a registered professional of the respective category.

11. (1) It shall be the duty of the Commission to take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may—

(a) frame policies and standards for the governance of allied and healthcare related education and professional services;

(b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act;

(c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as specified in the Schedule; Vacancies, etc.,

not to

invalidate

proceedings of

Commission.

Officers and

other

employees of

Commission.

Professional

Councils.

Functions of

Commission.

E ZET E F N IA ORDINARY Parr ]—

Vacancies, etc.,

ot to

alidate

proceedings of

ommission.

f icers d

t er

ploye s of

ommission.

r fes ional

ouncils.

unctions of

ommission.

) he hairperson al r side ver e e ting f e ommission d if, r y son, he is able to attend the e ting of the ommission, the i - hairperson shall r side er the e ting.

) ne-half f e tal ber f embers f e ommission n ing e

hairperson or i - hairperson shall nstitute the r d all cisi ns of the ommission al e en y a ajority f e embers, r sent d oting; d in e ent of uality of votes, the hairperson or in his sence, the i - hairperson shall ve a nd or sti g vote.

8. o ct or eeding f e ommission al e ali ated erely y n f ) y ancy in, or y fect in e nstit ti n of, e ommission; or

(6) y efect in the oi t ent of a rson t g as a ember of the ommission; or

9. ) bject to ch les ade y e entral overnment in is ehalf, e entral overnment shall vide a ecretariat to the ommission hich shall consist of a ecretary d t er ffi ers as it ay k ces ary r e i nt ance f its cti ns der is ct.

(2) he salaries d o ances yable to, d other nditions of service of, the ecretary d other officers of the ommission shall be ch as ay be scri ed by the entral overnment.

(3) he ecretariat of the ommission shall also vide ecretarial ce to the r fes ional ouncil d the dvisory ouncil.

0. J) he ommission all, y otifi ation, nstitute r fessional ouncil r ery gnised ory d al nsist f a r si ent d embers, ot ss n ur d not eeding enty-four, r senting ch fession in the gnised ory ving ch alifi ati ns d eri nces as ay be scri ed by the entral overnment:

r vided that here there is ore than ne fession sented in a r fes ional ouncil, the r si ent shall rotate i nnial y ongst the fessions in the gnised t gory.

(2) here there is no rson o a arti ular gnised r fession ented in e ommission, if e ommission is f i ion at e cisi n en y it ects at r fes ion, it ay, efore i g y ecision, i e n portunity f i g ard to at fession gh the related r fes ional ouncil.

(3) he r si ent d the ember of the r fes ional ouncil shall be a i t red fessional f e ective t gory.

11. (/) It shall be the duty of the ommission to take all ch steps as it ay think fit for suring rdinated d n rated l ment of ucation d aintenance of the a ards f li ery f ices der is ct d r e rposes f ing its

ctions, the ommission a

(a) a e policies d ards for the vernance of allied d alt care related ucation d fessional services;

(b) ulate the r fessional nduct, de of ethics d etiquette to be served y e l d d alt care fessionals y or der is ct;

(c) create d aintain an p-t -date online d live entral egister with details f emic alifi ati ns t t ns, ing, il d petencies f d d alt care fessionals related to their fession as ecified in the edule;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(d) provide scope of practice of each profession keeping in view, inter alia, need for task shifting;

(e) provide basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various categories, proportionate distribution of seats and promote innovations in categories in the manner as may be specified by regulations;

(f) provide the allied and healthcare qualifications to be obtained by allied and healthcare professionals, including the name of the course, entry criteria, duration and such other particulars as may be specified by regulations;

(g) provide for uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level in the manner as may be specified by regulations;

(h) provide for exit or licensing examinations for allied and healthcare professionals for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians in the manner as may be specified by regulations;

(i) provide strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways for allied and healthcare professionals;

(j) provide minimum standards framework for machineries, materials and services;

(k) take such measures, as may be necessary, to ensure compliance of the guidelines for their effective functioning by the State Councils under this Act in the manner as may be specified by regulations;

(l) constitute committees or engage independent experts for technical advice related to any of the professions as listed in the Schedule for the efficient discharge of the functions of the Commission;

(m) hold an Annual Meeting of the Commission with the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 and the Central Council constituted under section 3 of the Homoeopathy Central Council Act, 1973;

(n) perform such other functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act.

(2) The Commission may delegate such of its functions to the Professional Council as it think necessary.

12. (1) The Central Government shall constitute an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals.

(2) The Advisory Council shall consist of the following persons, namely:-—

(i) Chairperson of the Commission—Chairperson;

(ii) all Members of the Commission—ex officio member;

(iii) Principal Secretary dealing with medical education or his nominee from each State—member;

(iv) Chairperson of the State Council—member; and

(v) Principal Secretary dealing with medical education or his nominee representing each Union territory—member.

30 of 2019.

59 of 1973.

National

Allied and

Healthcare

Advisory

Council.

ec. 1] E ZET E F N IA ORDINARY

(d) vide pe of practice of ch fession eping in view, inter alia, ed r k ifti g;

(e) vide basic ards of ucation, urses, rricula, hysical d cti nal cilities, ff at ern, ff alifi ations, uality ctions, ent, mination, ing, arch, nti uing r fessional ucation, axi um i n fee yable in ect of ari us t gories, portionate ti n of seats d ote n vations in t gories in e an er as ay e ecified y ulations;

(f) vide e l d d ealt care alifi ati ns to e t i ed y d d alt care r fes ionals, n ing e e f e urse, try rit ria, rati n d ch other arti ulars as ay be ecified by ulations;

(g) vide for i try ination ith mon unsel ing for is ion to e d d ealt care t ns at e a, dergraduate, st raduate d ctoral level in the an er as ay be ecified by ulations;

(h) vide for exit or c si g minations for allied d alt care fessionals r r fessional ractice or t ce to st raduate or ctoral el d ational achers ligibility est r emicians in e an er as ay e ecified y ulations;

(4) vide gic am ork r nal ent f il d anpower, ance anagement t s, task shifting d ciated career l ment ays r d d alt care r fes ionals;

(7) vide i um a ards am ork for achineries, aterials d ices;

(k) take ch easures, as ay be eces ary, to sure pliance of the idelines for their effective ct ning by the State ouncils der this ct in the an er as ay be ecified by ulations;

(J) nstitute mitte s or age n endent perts for nical vice related to y of the fessions as listed in the hedule for the efficient arge of e cti ns f e ommission;

(m) old an n ual e ting of the ommission ith the ational edical ommission nstit ted der ti n 3 of the ational edical ommission 30 of 2019. ct, 19 d e entral ouncil nstit ted der ti n 3 f e omoeopathy 59 of 1973. entral ouncil ct, 73;

(n) r ch other cti ns as ay be t sted to it by the entral overnment or as ay be ces ary to carry out the visions of this Act.

(2) he ommission ay l gate ch of its cti ns to the r fessional ouncil as it k eces ary.

2. /) he entral overnment al nstitute n dvisory ouncil to e n as ational l i d d ealthcare dvisory ouncil to vise the ommission on the issues t g to d d alt care r fes ionals.

) he dvisory ouncil al nsist f e o ing ersons, ely:

(i) hairperson f e ommission—Chairperson;

(ii) all embers of the mis i ex officio ember;

(iii) ri cipal ecretary ali g ith edical ucation or is ine o ch te—member;

(iv) hairperson f e tate ounci —member; d

(v) ri cipal cretary ali g ith edical ucation or is ine senting ch nion e ritory— ember.

ational

l ied d

ealthcare

dvisory

ouncil.

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The Advisory Council shall meet once in a year at Delhi as may be decided by the Chairperson of the Advisory Council.

13. (1) The Commission shall maintain online and live Register of persons in separate parts in each of the recognised categories to be known as the Central Allied and Healthcare Professionals' Register which shall contain information including the name of persons and qualifications relating to any of their respective recognised categories in the manner as may be specified by regulations.

(2) For the purposes of sub-section (1), the Commission may adopt standardised format for populating and maintaining the Central Register in the manner as may be specified by regulations.

(3) The Central Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a certified copy provided by the Commission.

14. Subject to the conditions and restrictions laid down in this Act regarding practice by person possessing certain recognised allied and healthcare qualifications, every person whose name is for the time being borne on the Central Register shall be entitled according to his qualifications to provide any service within the defined scope of practice as an allied and healthcare professional under this Act and to receive in respect of such service, any expenses, charges or any fees to which he may be entitled.

15. No person, other than a registered allied and healthcare professional, shall—

(a) hold office as an allied and healthcare professional (by whatever name called) in Government or in any institution maintained by a local or other authority;

(b) provide service in any of the recognised categories in any State; and

(c) be entitled to sign or authenticate any certificate required by any law for the time being in force to be signed or authenticated by a duly qualified allied and healthcare professional.

16. The Commission may, on receipt of the report of registration of a person in a State Register or on an application in such form and in such manner as may be prescribed by the Central Government, enter his name in the Central Register.

17. (1) Any person whose name has been entered in the Central Register shall, on an application made by the person in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to get a certificate of registration.

(2) On receipt of an application under sub-section (1), the Commission shall grant to the applicant a certificate of registration in such form as may be prescribed by the Central Government.

(3) Where it is shown to the satisfaction of the Commission that a certificate of registration has been lost or destroyed, the commission may, on payment of such fees, issue a duplicate certificate in such form as may be prescribed by the Central Government.

18. (1) If any person whose name is entered in the Central Register obtains any other recognised qualification in addition to any allied and healthcare qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to have an entry stating such degree or diploma or such other qualifications made against his name in such register in addition to any entry previously made.

(2) The entries in respect of any such person in a State Register shall be altered in accordance with the alterations made in the Central Register. Central Allied

and

Healthcare

Professionals'

1 of 1872.

Privileges for

enrolment on

Central

Rights of

persons who

are enrolled on

Central

Registration in

Central

Issue of

certificate of

registration.

Registration

of additional

qualifications.

8 E ZET E F N IA ORDINARY Parr ]—

(3) he dvisory ouncil shall e t ce in a year at elhi as ay be ci ed by the hairperson of the dvisory ouncil.

entral l ied 3. (1) he ommission al aintain nline d e egister f rsons in arate and arts in ch f e gnised t gories to e n as e entral l ied d ealthcare paneer rofes ionals' egister hich al ntain n ation n ing e e f rsons d Register. alifi ati ns relating to any of their ective gnised t gories in the an er as ay e cified y ulations.

(2) or the rposes of -section (/), the ommission ay opt a ardised at r pulating d aintaining e entral egister in e an er as ay e cifi d by ulations.

(3) he entral egister al e ed to e a ublic ment ithin e eaning f e ian vidence ct, 72 d ay e ved y a rti d py vi ed y e 1 f 1 72. ri il ges for

l ent on

entral

egister.

ights of

persons who

are rol ed on

entral

egister.

egistration in

entral

egister.

Issue of

rtifi ate of

istration.

egistration

of diti nal

alifications.

ommission.

14. ubject to the nditions d restrictions laid n in this ct rding practice by rson sses ing certain gnised allied and alt care alifications, ery rson hose e is r e me ei g rne n e entral egister al e tit d ording to his alifi ati ns to vide any service ithin the fi ed pe of ractice as an allied d alt care r fessional der this ct d to eive in ect f ch rvice, y penses, arges or any fees to hich he ay be entitled.

5. o erson, t er n a ist red d d ealt care r fes ional, —

(a) old office as an allied and ealt care r fessional (by hatever e called) in overnment or in y t t n aintained y a local or t er thority;

(b) vide service in any of the gnised t gories in any State; d

(c) be entitled to sign or t enticate any certificate uired by any law for the time ei g in force to be g ed or t enticated by a duly qualified allied and alt care r fes ional.

6. he ommission ay, n eipt f e ort f istr ti n f a rson in a tate egister or n n plicati n in ch d in ch an er as ay e scri ed y e entral overnment, ter is e in e entral egister.

17. (J) ny rson hose e has en t red in the entral egister shall, on an plicati n ade y e erson in is ehalf in ch d in ch an er d n ment of ch fees as ay be scri ed by the entral overnment, be entitled to get a certificate of registration.

(2) n eipt f n plicati n der -section (/), e ommission al rant to the plicant a certificate of ist ti n in ch as ay be r scri ed by the entral overnment.

(3) here it is n to the ti n of the ommission that a certificate of istr ti n has een lost or st yed, the mis ion ay, on ment of ch fees, issue a plicate certificate in ch as ay be scri ed by the entral overnment.

18. (/) If any rson hose e is t red in the entral egister tains any other gnised alifi ati n in diti n to y d d alt care ualification, e all, n n plicati n ade in is half in ch d in ch an er d n ment f ch es as ay be scri ed by the entral overnment, be entitled to ve an entry stating ch gree or a or ch t er alifi ati ns ade ainst his e in ch ister in diti n to any entry viously ade.

(2) he entries in ect of any h rson in a State egister shall be altered in r ance ith the alterations ade in the entral egister.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

19. If the name of any person enrolled on a State Register is removed therefrom in pursuance of any power conferred under this Act, the Commission shall direct the removal of the name of such person from the Central Register in such manner as may be specified by regulations:

Provided that on the removal of his name from the Central Register or State Register, as the case may be, such certificate shall cease to be valid.

20. (1) The Central Government shall, as soon as may be but within sixty days from the date on which this Act receives the assent of the President, constitute an Interim Commission, for three years or until a regular Commission is constituted under section 3, whichever is earlier.

(2) The Interim Commission constituted under sub-section (1) shall consist of the following, namely: —

(a) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare—Chairperson;

(b) Joint Secretary to the Government of India in the Ministry of Health and Family Welfare—member;

(d) Joint Secretary to the Government of India in the Department of Higher Education—member;

(e) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment—member;

(f) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship—member;

(g) One representative of the Directorate General of Health Services not below the rank of Deputy Director General—member;

(h) One representative of the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 not below the rank of Deputy Secretary to the Government of India—member;

(i) One representative of the Rehabilitation Council of India not below the rank of Deputy Secretary to the Government of India—member;

(j) One representative of the Atomic Energy Regulatory Board not below the rank of Deputy Secretary to the Government of India—member;

(k) two persons representing each of the recognised categories having such qualifications and experiences as may be prescribed by the Central Government— member:

Provided that the Interim Commission may engage experts from unrepresented professions specified in the Schedule as necessary.

(3) The Interim Commission shall discharge the functions assigned to the Commission under this Act and shall follow its own procedures in discharging its duties.

(4) The Central Government shall appoint a Secretary to the Interim Commission.

21. (1) The Central Government shall, on the recommendation of a Search-cum-Selection Committee, appoint the Chairperson, Vice-Chairperson and the Secretary of the Commission.

(2) The Search-cum-Selection Committee shall consist of the following persons, namely:—

(a) the Secretary, Ministry of Health and Family Welfare—Chairperson;

(b) the Secretary or his nominee, not below the rank of Additional Secretary of Department of Higher Education, Ministry of Education— member; Removal of

name from

Central

Interim

Commission.

30 of 2019.

Search-cum-

Selection

Committee.

ec. 1] E ZET E F N IA ORDINARY

9. If e e f y rson rol ed n a tate egister is oved h in r ance f y wer nfer ed der is ct, e ommission al irect e oval f e e f ch rson o e entral egister in ch an er as ay e ecified y ulations:

r vided at n e oval f is e o e entral egister or tate egister, as the case ay be, ch certificate shall ase to be valid.

20. ) he entral overnment shall, as n as ay be but ithin sixty ys o e ate n hich is ct eives e ent f e resident, nstitute n ommission, r ree ears or ntil a ular ommission is nstit ted der ti n 3, hichever is arlier.

) he ommission nstit ted der -section /) al nsist f e o ing, mely:

(a) d itional ecretary to e overnment f dia in e inistry f ealth d mily elf Chairperson;

6) int cretary to e overnment f dia in e inistry f ealth d amily el e—member;

) int ecretary to e overnment f dia in e epart ent f igher on—member;

(e) Joint ecretary to the overnment of India in the inistry of Social Justice d powerment member;

(f) int ecretary to e overnment f dia in e inistry f kil evel pment d t eneu ship— ember;

(g) ne r sentative of the irectorate eneral of ealth rvices not e k f eputy irector ener —member;

(h) ne r sentative of the ational edical ommission nstit ted der 0 f 019. section 3 of the National Medical ommission Act, 2019 not below the rank of Deputy ecretary to e overnment f n a—member;

(i) ne r sentative f e ehabil tation ouncil f dia ot e k f eputy cretary to e overnment f a—member;

(j) ne r sentative f e tomic nergy egulatory oard ot e k of eputy ecretary to the overnment of n a—member;

(k) o rsons r senting ch of the gnised t gories ving ch alifi ati ns d eriences as ay be scri ed by the entral ove ent ember:

r vided at e ommission ay age perts o r presented fessions ecified in e hedule as eces ary.

(3) he ommission al arge e cti ns ed to e ommission der is ct d al its n cedures in arging its uties.

(4) he entral overnment al point a cretary to e ommission.

1. (/) he entral overnment all, n e mendation f a - m-Selection om ittee, point the hairperson, i - hairperson and the cretary of the ommission.

(2) he - m-Selection ommitte shall consist of the o ing ersons, el

(a) e ecretary, inistry f ealth d mily elf Chairperson;

(b) the cretary or his mine , not the k of d itional cretary of epart ent f igher ducation, inistry f ucat o ember; emoval of

entral

egister.

ommission.

- m-

lection

ommitte .

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) four experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of allied and healthcare education, public health education and health research to be nominated by the Central Government—members;

(d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology to be nominated by the Central Government—member; and

(e) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare Convener—member.

(3) The Central Government shall, within a period of three months from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or Vice-Chairperson or Secretary of the Commission or within three months before the end of tenure of the Chairperson or Vice-Chairperson or Secretary of the Commission, make a reference to the Search-cum-Selection Committee for selection of Chairperson, Vice-Chairperson or Secretary.

(4) The Search-cum-Selection Committee shall recommend a panel of at least three names for each vacancy.

(5) The Search-cum-Selection Committee shall, before recommending any person for appointment of the Chairperson or Vice-Chairperson or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson, Vice-Chairperson or Secretary.

(6) No appointment of the Chairperson or Vice-Chairperson or Secretary of the Commission shall be invalid merely by reason of any vacancy or absence of a member in the Search-cum-Selection Committee.

(7) Subject to the provisions of sub-sections (3) to (6), the Search-cum-Selection Committee may regulate its own procedure.

CHAPTER III

STATE ALLIED AND HEALTHCARE COUNCIL

22. (1) Every State Government shall, by notification, within six months from the date of commencement of this Act, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this Act.

(2) The State Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.

(3) The State Council shall consist of the following, namely:—

(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University and having experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be nominated by the State Government—Chairperson;

(b) one Director or Additional Director or Joint Director representing medical or health sciences in the State Government—ex officio Member;

(c) two persons not below the rank of Dean or Head of the Department from any medical colleges of the State Government—ex officio Members;

(d) president of the Autonomous Boards constituted by the State Council under sub-section (1) of section 29—ex officio Member;

Constitution

and

composition

of State

Council.

10 E ZET E F N IA ORDINARY Parr ]— onstitution

and

position

of State

ouncil.

(c) four experts, sses ing t ding alifi ati ns d perience of not less than enty-five years in the field of allied d alt care ucation, ublic health ucation d health rch to be minated by the entral ove ent members;

(d) ne erson, sses ing t ding alifi ati ns d perience of not ss n enty-five ears in e ld f anagement or or omics or ce d ol gy to be minated by the entral ove ent member; d

(e) d itional cretary to e overnment f dia in e inistry f ealth d amily elfare ve member.

(3) he entral overnment shall, ithin a eri d of three onths o the date of ur ence f y cancy, n ing y n f eath, ati n or oval f e hairperson or i - hairperson or ecretary f e ommission or ithin ee onths efore the d of ure of the hairperson or i - hairperson or cretary of the ommission, ake a ce to the - m-Selection ommitte for ti n of hairperson, i hairperson or ecretary.

(4) he - m-Selection ommitte shall com end a anel of at least three es r ch cancy.

) he - m-Selection ommitte all, efore co mending y rson r oi t ent f e hairperson or i - hairperson or ecretary, ti fy lf at ch rson es ot ve y n ncial or t er rest hich is k ly to ect r j dicial y is cti ns as ch hairperson, i hairperson or ecretary.

(6) o oi t ent of the hairperson or i - hairperson or cretary of the ommission shall be invalid erely by n of y ancy or nce of a ember in the - m-Selection om ittee.

(7) ubject to the r visions of -sections (3) to (6), the - m-Selection ommitte ay ulate its n cedure.

APTER III

TATE L IED D EALTHCARE OUNCIL

2. (1) very tate overnment all, y otifi ation, ithin onths o e ate of mencement of this Act, nstitute a State ouncil to be called the State l ied d ealthcare ouncil for ercisi g ch wers d arging ch duties as ay be laid n der this Act.

(2) he State ouncil shall be a dy rporate by the e aforesaid, ving rpetual ession d a mon seal, ith wer to acquire, old d ose of roperty, oth ovable d mmovable, d to ntract d shall by the e e sue or be sued. ) he tate ouncil al nsist f e o ing, el

) a rson f t ding bility, ven ministrative acity d grity, sses ing a st raduate gre in y fession of gnised ory of allied d alt care ces o y niversity d ving perience of not less than enty-five years in the field of allied d alt care sciences, out of hich at least ten years shall be as a leader in the area of allied d alt care fessions to be minated y e tate overnment—Chairperson;

(5) ne irector or d itional irector or Joint irector r senting edical or health ces in the State over ent ex officio ember;

(d) r si ent of the ut omous oards nstit ted by the State ouncil der -section (/) of t n ex officio ember;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(e) two persons representing each of the recognised categories specified in the Schedule to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government—Members; and

(f) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government—Members.

23. (1) The Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.

(2) The Members nominated to the State Council under clauses (e) and (f) of sub-section (3) of section 22 shall receive such travelling and other allowances as may be prescribed by the State Government.

24. (1) Notwithstanding anything contained in sub-section (1) of section 23, the Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 may—

(i) relinquish his office by giving in writing to the State Government notice of not less than three months; or

(ii) be removed from his office if he—

(a) has been adjudged insolvent; or

(b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) No such Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

25. (1) A Member under clause (b) or clause (c) of sub-section (3) of section 22, shall cease to be a Member of the State Council on his cessation to the service by virtue of which he was appointed as a Member of the State Council.

(2) The Chairperson or any other Member appointed under any casual vacancy in the State Council under sub-section (3) of section 22, shall hold office only for the remainder of the term of the member in whose place he has been appointed.

26. (1) The State Council shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum of such meetings) in the manner as may be prescribed by the State Government.

(2) The Chairperson of the State Council, if for any reason, he is unable to attend a meeting of the State Council, any other member chosen by the members present from amongst themselves at the meeting shall preside over the meeting.

(3) All questions which come up before any meeting of the State Council shall be decided by a majority of the members present and voting, and in the event of an equality of votes, the Chairperson of the State Council or in his absence, the member of the State Council presiding, shall have a second or casting vote.

Terms and

conditions of

service of

Member.

Resignation

and removal

of Member.

Cessation of

membership

and filling up

of casual

vacancy of

Member.

Meetings of

State Council.

ec. 1] E ZET E F N IA ORDINARY 11

(e) o rsons r senting ch of the gnised t gories ecified in the hedule to be minated by the State overnment ving ch alifi ati ns d perience as ay be r scri ed by the State ove ent Members; d

(f) o ersons, r senting arit ble institutions aged in ucation or services in nection ith y gnised t gory, to be minated by the State overnment ving ch alifi ati ns d perience as ay be scri ed by the State ove ent Members.

3. ) he hairperson f e tate ouncil d ember minated der ses (e) d (f) f -secti n ) f t n 2 al old ffi e r a ot eeding o ears o e ate n hich y ter on eir ffice d al e i le r ination r a axi um eri d f o s.

) he embers minated to e tate ouncil der ses (e) d (f) f -section (3) of ti n 22 shall eive ch travelling d other o ances as ay be scri ed by the State overnment.

4. /) otwithstanding ything ntai ed in -section (/) f ti n 3, e hairperson of the State ouncil d ember inated der ses (e) d (f) of -secti n ) f ti n 2 a

(2) n uish is ffi e y i g in riti g to e tate overnment otice f ot ss n ree onths; or

(ii) e oved o is ffi e if ) as en ged lvent; or

(6) has en nvicted of an ce hich, in the i ion of the State overnment, olves oral turpitude; or

(c) has e ysical y or ental y n able of acting as a ember; or ) as uired ch ncial or t er rest as is k ly to fect r j dicial y is cti ns as a ember; or

(e) as so used is ositi n as to der is t ance in ffice r judicial to the ublic interest.

(2) o ch ember shall be oved o his office der se (d) or se (e) of -section /) nles e as en en a nable portunity f ei g ard in e atter.

25. (1) ember der se (0) or clause (c) of -section (3) of ti n 22, shall ase to be a ember of the State ouncil on his ssati n to the service by virtue of hich he as ointed as a ember of the State ouncil.

) he hairperson or y t er ember pointed der y sual ancy in e tate ouncil der -section (3) f t n 2, al old ffi e nly r e ainder f e f e ember in hose l ce e as en pointed.

26. (/) he State ouncil shall e t at ch mes d places, d shall serve ch t les f cedure in ard to e a cti n f usines at its e tings n ing r of ch e tings) in the an er as ay be scri ed by the State overnment. ) he hairperson f e tate ouncil, if r y son, e is able to d a e ting of the State ouncil, any other ember sen by the embers r sent o ongst selves at the e ting shall reside er the e ting.

(3) All estions hich e up efore y e ting of the State ouncil shall be ci ed by a ajority of the embers r sent d voting, d in the ent of an uality of votes, the hairperson of the State ouncil or in his sence, the ember of the State ouncil residing, shall ve a nd or sti g vote.

r s d

nditions of

ice of

ember.

esignation

d oval

of ember.

es ation of

embership

and filling up

of sual

ancy of

ember.

e tings of

State Council.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

27. No act or proceeding of the State Council shall be invalidated merely by reason of—

(a) any vacancy in, or any defect in the constitution of the State Council; or

(b) any defect in the appointment of a person acting as a member of the State Council; or

28. (1) Subject to such rules as may be made by the State Government in this behalf, the State Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.

(2) The salaries and allowances payable to, and other conditions of service of, the Secretary, other officers and employees of the State Council appointed under sub-section (1) shall be such as may be prescribed by the State Government.

29. (1) The State Council shall, by notification, constitute the following Autonomous Boards for regulating the allied and healthcare professionals, namely,—

(a) Under-graduate Allied and Healthcare Education Board,

(b) Post-graduate Allied and Healthcare Education Board,

(d) Allied and Healthcare Professions Ethics and Registration Board.

(2) The Autonomous Boards constituted under sub-section (1) shall consist of a president and such number of members from each recognised category as may be specified by the regulations and shall be appointed by the State Government.

(3) The Under-graduate Allied and Healthcare Education Board and Post-graduate Allied and Healthcare Education Board shall determine standards of allied and healthcare education at the graduate, postgraduate level and super-speciality level, develop competency based on dynamic curriculum content, reviewing institutional standards against norms, faculty development, approval of courses of recognised qualification and other functions as entrusted by the State Council for Under Graduate Education and Post Graduate Education.

(4) The Allied and Healthcare Profession Assessment and Rating Board shall determine the procedure for the assessment and rating of allied and healthcare institutions by providing for inspection of institutions, grant permission for establishment of new allied and healthcare institutions and seat capacity, empanelling assessors, imposing warnings or fines, recommend for withdrawal of recognition of institutions and any other function as entrusted by the State Council to ensure maintenance of minimum essential standards.

(5) The Allied and Healthcare Profession Ethics and Registration Board shall maintain online and live State Registers of all licensed allied and healthcare practitioners in the State, regulate the professional conduct and promotion of ethics and undertake any other function as entrusted by the State Council.

(6) The Under-graduate Allied and Healthcare education or Post-graduate Allied and Healthcare education or Allied and Healthcare Professions Assessment and Rating or Allied and Healthcare Professions Ethics and Registration shall perform such other functions as may be specified by regulations.

30. It shall be the duty of the State Council to take all such steps as it may think fit for ensuring the co-ordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and, for the purposes of performing its functions, the State Council shall—

(a) enter the name of the recognised categories, enforce the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals Vacancies,

etc., not to

invalidate

proceedings of

State Council.

Officers and

other

employees of

State Council.

Constitution

and functions

Autonomous

Boards.

Functions of

State Council.

12 E ZET E F N IA ORDINARY Parr ]— acancies,

etc., not to

alidate

proceedings of

State Council.

f icers d

t er

ploye s of

State Council.

onstitution

d ctions

ut omous

oards.

unctions of

State Council.

27. o act or eeding of the State ouncil shall be n al ated erely by on

(a) y ancy in, or y defect in the nstit ti n of the State ouncil; or

6) y efect in e oi t ent f a rson t g as a ember f e tate ouncil; or

8. /) bject to ch les as ay e ade y e tate overnment in is ehalf, the State ouncil ay point a cretary d ch other ploye s as it ay think ces ary r e i nt ance f its cti ns der is ct.

(2) he salaries d o ances yable to, d other nditions of service of, the ecretary, other officers d ploye s of the State ouncil ointed der -section (/) shall be ch as ay be scri ed by the State overnment.

29. (1) he State ouncil shall, by notification, nstitute the o ing ut omous oards r ulating e d d alt care r fes ionals, el

(a) nder-graduate l ied and ealthcare ducation oard,

(b) ost- raduate l ied d ealthcare ducation oard,

(2) he ut omous oards nstit ted der -section (/) shall consist of a r si ent and ch ber of embers o ch gnised ory as ay be ecified by the ulati ns d shall be ointed by the State overnment.

(3) he nder-graduate l ied and ealthcare ducation oard d ost- raduate l ied d ealthcare ducation oard shall ine ards of allied and alt care ucation at the duate, st raduate level and er-speciality level, velop petency sed n amic ntent, ing t nal ards ainst rms,

faculty el pment, proval of urses of gnised alifi ati n and other cti ns as t sted by the State ouncil for nder raduate ducation and Post raduate ducation.

(4) he l i d d ealthcare r fession ssess ent d ating oard al ine e cedure r e ent d g f d d alt care t ns y viding r n ecti n f t t ns, rant r is ion r sh ent f d d alt care institutions d seat capacity, panelling assessors, mposing arnings or fines, ecom end r it rawal f gnition f t ns d y t er cti n as t sted y e tate ouncil to sure aintenance of i um essential dards.

(5) he l ied d ealthcare r fession thics d egistration oard al aintain line d e tate egisters f all ic ed d d ealt care ractit ners in e tate, ulate the r fessional duct d otion of ethics d dertake y other cti n as t sted by the State ouncil.

(6) he nder-graduate l ied d ealthcare ucation or ost- raduate l ied d ealthcare ucation or l ied d ealthcare r fessions ssess ent d ating or l ied d ealthcare r fessions thics d egistration shall ch other cti ns as ay be ecified by ulations.

0. It al e e ty f e tate ouncil to e all ch s as it ay k fit r suring the rdinated d rated l ment of ucation d aintenance of the a ards f l ery f ices der is ct d, r e rposes f ing its ctions, e tate ouncil —

(a) enter the e of the gnised categories, force the fessional nduct, de of ethics d etiquette to be served by the allied d alt care l

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

in the State and take disciplinary action, including the removal of a professionals' name from the State Register;

(b) ensure minimum standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education;

(c) ensure uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level under this Act;

(d) ensure uniform exit or licensing examination for the allied and healthcare professionals under this Act;

(e) inspect allied and healthcare institutions and register allied and healthcare professionals in the State;

(f) ensure compliance of all the directives issued by the Commission;

(g) provide minimum standards framework for machineries, materials and services;

(h) approve or recognise courses and intake capacity for courses;

(i) impose fine upon institutions in order to maintain standards; and

(j) perform such other functions as may be entrusted to it by the State Government for implementation of the provisions of this Act.

31. The State Council may constitute as many professional Advisory Boards as may be necessary to examine the issues relating to one or more recognised categories and to recommend the State Council and also to undertake any other activity as may be authorised by the State Council.

32. (1) The State Council shall maintain online and live State Register of persons in separate parts for each of the recognised categories to be known as the State Allied and Healthcare Professionals' Register which shall contain information including the name of person and qualifications relating to any of their respective recognised categories in such manner as may be specified by regulations.

(2) The State Register shall contain the details of academic qualification institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the manner as may be specified by regulations.

(3) The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a certified copy provided by the State Council.

33. (1) A person shall be entitled, on an application and on payment of such fees as may be prescribed by the State Government, to have his name entered in the State Register if he resides in the State and holds a recognised allied and healthcare qualification.

(2) Upon the application to the State Council, if the State Council is of the opinion that the applicant is entitled to have his name entered on the State Register, the State Council shall enter thereon the name of the applicant.

(3) Upon entry of a name in the State Register under this section, the Secretary of the State Council shall issue to the applicant a certificate of registration in such form as may be prescribed by the State Government.

(4) The certificate of registration of Allied and Healthcare Profession shall be valid for a period of five years, and renewal of such registration shall be in such form and in such manner as specified by regulations for the respective profession.

(5) Any person whose application for registration is rejected by the State Council may, within one month from the date of such rejection, appeal to the Commission. 1 of 1872.

State Allied

and

Healthcare

Professionals'

Registration

in State

Constitution

of Advisory

Board.

ec. 1] E ZET E F N IA ORDINARY 13

1 of 1 72.

in the State d take i l ary action, n ing the oval of a r fes ionals' e o e tate egister;

(6) sure i um ards of ucation, urses, curricula, hysical d cti nal cilities, ff at ern, ff alifi ations, uality ctions, ent, mination, ing, arch, nti uing r fessional ucation;

(c) sure i try ination ith mon unsel ing r is ion to e d d ealt care t ns at e a, dergraduate, st raduate d ctoral level der this Act;

) sure i xit or ic si g ination r e d d alt care fessionals der this Act;

(e) ect allied d alt care institutions d register allied d alt care fessionals in e tate;

(f) sure pliance of all the i cti es d by the ommission;

(g) vide i um a ards ram ork r achineries, aterials d ices;

(h) rove or gnise urses d intake pacity for urses;

(i) mpose e on t ns in r er to aintain dards; d (/) r ch other cti ns as ay be t sted to it by the State overnment r mpl mentation f e visions f is ct.

31. he State ouncil ay nstitute as any fessional dvisory oards as ay be ces ary to ine the issues relating to ne or ore gnised t gories d to com end the State ouncil d also to dertake y other activity as ay be t orised by the State ouncil.

2. (1) he tate ouncil al aintain nline d e tate egister f ersons in arate parts for ch of the gnised t gories to be n as the State l ied d ealthcare rofes ionals' egister hich al ntain n ation n ing e e f rson d alifi ati ns relating to y of their ective gnised t gories in ch an er as ay be ecified by ulations.

(2) he State egister shall ntain the details of emic alifi ati n institutions, ing, il d petencies f l ied d ealthcare r fes ionals t d to eir fession in e an er as ay e ecified y ulations.

) he tate egister al e ed to e a ublic ment ithin e eaning f e ian vidence ct, 72, d ay e ved y a rti d py vided y e tate ouncil.

33. (/) rson shall be entitled, on an plicati n d on ment of ch fees as ay be scri ed by the State overnment, to ve his e t red in the State egister if he resides in the State d olds a gnised allied d alt care qualification.

(2) pon the plicati n to the State ouncil, if the State ouncil is of the i ion that the plicant is entitled to ve his e t red on the State egister, the State ouncil al ter on e e f e plicant.

(3) pon entry of a e in the State egister der this section, the ecretary of the State ouncil shall issue to the plicant a certificate of ist ti n in ch as ay be scri ed by the State overnment.

(4) he certificate of registration of l i d d ealthcare r fession shall be valid for a eri d f e ears, d wal f ch ist ti n al e in ch d in ch

an er as ecified by ulati ns for the ective r fes ion.

(5) ny rson hose plicati n for registration 1s t d by the State ouncil ay, ithin ne onth o e ate f ch ction, peal to e ommission. onstitution

of dvisory

oard.

State l ied

and

ealthcare

rofes ionals'

egister.

egistration

in State

egister.

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

34. Where it is shown to the satisfaction of the Secretary of the State Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the State Council may, on payment of such fee, issue a duplicate certificate in such form as may be prescribed by the State Government.

35. (1) There shall be paid in every five years to the State Council, such fee in such manner as may be prescribed by the State Government for renewal of name of allied and healthcare professionals in the State Register.

(2) Where the fee under sub-section (1) is not paid within the specified period, the Secretary of the State Council shall remove the name of the defaulter from the State Register:

Provided that a name so removed may be restored to the said register on payment of such fee as may be prescribed by the State Government.

(3) On payment of the fee under sub-section (1), the Secretary of the State Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration.

36. (1) The State Council may, by order, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit—

(a) that his name has been entered in the State Register by error or on account of mis-representation or suppression of a material fact; or

(b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the State Council renders him unfit to be kept in the said register,

remove the name of the person from the State Register.

(2) Any person whose name has been removed from the State Register under sub-section (1) shall be ineligible for registration under this Act, either permanently or for such period as may be specified by regulations.

(3) An order under sub-section (1) shall not take effect until the expiry of three months from the date thereof or until an appeal, if any, on such order is finally disposed of, whichever date is later.

(4) A person aggrieved by an order under sub-section (1) may, within thirty days from the communication of such order, prefer an appeal to the Commission and, after giving an opportunity of being heard, the Commission shall, within a period of ninety days from the date of filing of such appeal, pass such order as it thinks fit.

(5) A person whose name has been removed from the State Register under this section or under sub-section (2) of section 35 shall forthwith surrender his certificate of registration or certificate of renewal, if any, to the State Council and the name so removed shall be published on the website of the State Council, and in one daily local newspaper in vernacular language.

(6) A person whose name has been removed from the State Register under this section shall not be entitled to have his name registered in the State Register or in any other State Register except with the approval of the State Council from whose register his name has been removed.

37. The State Council may, at any time for reasons appearing to it as sufficient and upon payment of such fee as may be prescribed by the State Government, order that the name of a person removed from a State Register shall be restored and the name shall be uploaded on the website of the State Council, and in one daily local newspaper in vernacular language.

Issue of

duplicate

certificates.

Renewal of

name of Allied

and

Healthcare

professionals

in the State

Removal of

name of a

person from

State Register.

Restoration of

name of a

person in the

State Register.

14 E ZET E F N IA ORDINARY Parr ]— Issue of

plicate

rtificates.

enewal of

e of l ied

and

ealthcare

fessionals

in the State

egister.

emoval of

e of a

rson

State egister.

estoration of

e of a

rson in the

State egister.

34. here it is n to the satisfaction of the cretary of the State ouncil that a certificate of istr ti n or a certificate of wal has en lost or st yed, the State ouncil ay, on ment of ch fee, issue a plicate certificate in ch as ay be scri ed by the State overnment.

35. (/) here shall be paid in ery five years to the State ouncil, ch fee in ch an er as ay be scri ed by the State overnment for wal of e of allied d alt care r fessionals in e tate egister.

(2) here the fee der -section (/) is not paid ithin the ecified period, the ecretary of the State ouncil shall ove the e of the faulter o the State egister:

r vided that a e so oved ay be red to the said register on ment of ch fee as ay be scri ed by the State overnment.

(3) n ment of the fee der -section (/), the ecretary of the State ouncil shall issue a certificate of wal d ch certificate shall be of of wal of registration.

36. (1) he State ouncil ay, by order, after i g that erson a nable portunity f eing eard d fter ch rt er uiry, if y, as it ay k t—

(a) that his e has en t red in the State egister by error or on ount of is-representation or pres ion f a aterial ct; or

(6) that he has en nvicted of an ce n l ing oral i de d nishable ith mpri ent or as en uilty f y n a ous duct in y fessional ect or has i l ted the a ards of fessional duct d etiquette or the de of ethics hich in the i ion of the State ouncil ders unfit to be ept in e id gister,

ove the e of the rson o the State Register.

) ny rson hose e as een oved e tate egister der

-section (/) al e li ible r ist ti n der is ct, er anently or r ch eri d as ay be ecified by ulations.

) n er der -secti n /) al ot e ect ntil e piry f ree onths o e ate of or ntil n peal, if ny, n ch er is al y sed of, hichever date is later.

) person ri ed y n er der -section /) ay, ithin irty ays e munication f ch rder, refer n peal to e ommission d, fter i g n portunity f i g eard, e ommission all, ithin a eri d f i ety ys o e date of filing of ch peal, pass ch er as it thinks fit.

(5) A person hose e has en oved o the State egister der this section or der -section (2) of ti n 35 shall ith der his certificate of istr ti n or certificate of ewal, if any, to the State ouncil d the e so oved shall be bli ed on the ebsite of the State ouncil, d in one daily local spaper in r acular a uage.

(6) rson hose e has en oved o the State egister der this section shall not be entitled to ve his e i t red in the State egister or in y other State egister cept with the proval of the State ouncil o hose register his e has en oved.

37. he State ouncil ay, at y time for ns pearing to it as sufficient d on ment of ch fee as ay be scri ed by the State overnment, er that the e of a rson oved o a State egister shall be red d the e shall be l aded on the ebsite of the State ouncil, d in ne daily local spaper in r acular an e.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

38. Every person who offers his services in any of the recognised categories on or before the commencement of this Act shall be allowed to be provisionally registered under the provisions of this Act within such period from such commencement in such manner as may be specified by regulations.

CHAPTER IV

RECOGNITION AND RECIPROCITY

39. (1) Subject to the provisions of this Act, any corresponding qualification granted by the institutions outside India shall be the recognised allied and healthcare qualifications as may be specified by regulations.

(2) A citizen of India who holds the corresponding qualifications under sub-section (1) shall be entitled for registration under this Act in such manner as may be specified by regulations.

(3) The Central Government may, after consultation with the Commission, by notification, direct that the corresponding qualifications under sub-section (1) in respect of which a scheme of reciprocity is not in force shall be recognised for the purposes of this Act or shall be so only when granted after a specified date:

Provided that the foreign nationals possessing such qualification—

(a) shall be permitted only if such persons are enrolled as allied and healthcare professionals in accordance with the law regulating the registration of allied and healthcare professionals for the time being in force in that country; and

(b) shall be limited to the period specified in this behalf by the Central Government by general or special order.

(4) In respect of any such qualifications the corresponding qualifications under sub-section (1), the Central Government may, after consultation with the Commission, by notification, direct that it shall be recognised allied and healthcare qualification only when granted before a specified date.

(5) The Commission may enter into negotiations with an authority in any country outside India, which by the law of such country is entrusted with the recognition of corresponding qualifications, for the setting up of a scheme of reciprocity for the recognition of allied and healthcare qualification, and in pursuance of any such scheme, the corresponding qualification which the Commission has decided to grant should be recognised by notification by the Central Government.

CHAPTER V

ESTABLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTION

40. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, on and from the date of commencement of this Act,—

(a) no person shall establish an allied and healthcare institution; or

(b) no allied and healthcare institution shall—

(i) open a new or higher course of study or training (including post-graduate course of study or training) which would enable students of each course of study or training to qualify himself for the award of any recognised allied and healthcare qualification; or

(ii) increase its admission capacity in any course of study or training (including post-graduate course of study or training); or Recognition

of persons

offering

services prior

t o

commencement

of Act.

Recognition of

allied and

healthcare

institutions

and

reciprocity.

Permission for

establishment

of new allied

and healthcare

institutions,

new courses of

study, etc.

ec. 1] E ZET E F N IA ORDINARY 15

38. very erson ho offers his ices in y of the gnised t gories on or efore the mencement of this ct shall be o ed to be r visional y ist red der the visions of this ct ithin ch eri d o ch mencement in ch an er as ay be ecified by ulations.

APTER

ECOGNITION D I OCITY

39. (/) ubject to the r visions of this Act, any nding alifi ati n nted by the institutions tside India shall be the gnised allied d alt care alifi ati ns as ay be ecified by ulations.

(2) n f dia ho olds e nding alifi ati ns der -section (/) al e tit d r istr ti n der is ct in ch an er as ay e ecified y ulations.

) he entral overnment ay, fter nsultation ith e ommission, y notification, direct that the nding alifi ati ns der -section (/) in ect of hich a e of i rocity is not in force shall be gnised for the rposes of this ct or al e so nly hen nted ter a ecified ate:

r vided that the i n ati nals sses ing ch al cation—

(a) shall be r it ed only if ch rsons are rol ed as allied d alt care fessionals in r ance ith e ulati g e istr ti n f d d alt care fessionals r e me eing in rce in at untry; d

(b) al e mit d to e eri d ecifi d in this half y e entral overnment by neral or special order.

(4) In ect of y ch alifi ati ns the nding alifi ati ns der -section (/), the entral overnment ay, after nsultation ith the ommission, by otifi ation, i ect at it al e gnised d d alt care alifi ati n ly hen nted efore a ecified date.

) he ommission ay ter to egotiations ith n t ority in y untry tside dia, hich y e f ch untry is t sted ith e gnition f nding ualifications, r e t g p f a e f i rocity r e gnition of allied d alt care qualification, d in r ance of y ch me, the nding alifi ati n hich the ommission has ci ed to grant uld be gnised by notification by the entral overnment.

S BLI ENT OF W LLIED D L CARE N TI N

0. /) otwithstanding ything ntai ed in is ct or y t er r e me ei g in force, on d the date of mencement of this ct ) o rson al blish n d d alt care t ti n; or ) o d d alt care t t n —

(i) en ew or i her urse of study or training n i g st r duate urse of y or training) hich ould able ents of ch urse of y or g to ualify self r e ard f y gnised d d alt care ualification; or

(ii) n ase its is ion pacity in y urse f y or g including post-gra ate urse of study or training); or g post-g y g ecognition

of persons

ri g

ices prior

mencement

of Act.

ecognition of

allied and

alt care

t t ns

and

iprocity.

er is ion for

ent

of allied

and healthcare

t ti ns,

new courses of

study, etc.

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(iii) admit a new batch of students in any unrecognised course of study or training (including post-graduate course of study or training), except with the previous permission of the State Council obtained in accordance with the provisions of this Act:

Provided that the allied and healthcare qualification granted to a person in respect of a new or higher course of study or new batch without previous permission of the State Council shall not be a recognised allied and healthcare qualification for the purposes of this Act:

Provided further that where there is no State Council constituted by a State Government, the Commission shall give the previous permission for the purposes of this section.

(2) (a) Every person or allied and healthcare institution shall, for the purpose of obtaining permission under sub-section (1), submit to the State Council a scheme in accordance with the provisions of clause (b).

(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed by the Central Government.

(3) On receipt of a scheme under sub-section (2), the State Council may obtain such other particulars as may be considered necessary by it from the person or the allied and healthcare institution concerned, and thereafter, it may,—

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or allied and healthcare institution concerned for making a written representation and it shall be open to such person or allied and healthcare institution to rectify the defects, if any, specified by the State Council;

(b) consider the scheme, having regard to the factors referred to in sub-section (5).

(4) The State Council may, after considering the scheme and after obtaining, where necessary, such other particulars under sub-section (2) as may be considered necessary by it from the person or allied and healthcare institution concerned, and having regard to the factors referred to in sub-section (5), either approve with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1):

Provided that no such scheme shall be disapproved by the State Council except after giving the person or allied and healthcare institution concerned a reasonable opportunity of being heard:

Provided further that nothing in this sub-section shall prevent any person or allied and healthcare institution whose scheme has not been approved by the State Council to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2).

(5) The State Council shall, while passing an order under sub-section (4), have due regard to the following factors, namely:—

(a) whether the proposed allied and healthcare institution or the existing allied and healthcare institution seeking to open a new or higher course of study or training, would be in a position to offer the basic standards of education as specified by regulations;

(b) whether the person seeking to establish an allied and healthcare institution or the existing allied and healthcare institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources;

16 E ZET E F N IA ORDINARY Parr ]—

(iii) mit a atch of ents in y r ognised urse of y or g n i g st r duate urse f y or i g), cept ith the vious r is ion of the State ouncil t i ed in r ance ith the visions f is ct:

r vided that the allied d ealt care alifi ati n nted to a rson in ect of a or her urse of y or atch ithout r vious r is ion of the State ouncil shall not be a gnised allied d alt care alifi ati n for the rposes of this ct:

r vided further that here there is no State ouncil nstit ted by a State overnment, e ommission al i e e vious r is ion r e rposes f is ction.

(2) (a) very r on or allied and alt care institution shall, for the rpose of t i i g r is ion der -section (/), mit to the State ouncil a e in r ance ith e r visions f se (b).

(b) he e referred to in clause (a) shall be in such and ntain such particulars d be r ferred in ch an er d be panied ith ch fee as ay be r scri ed by e entral overnment.

(3) n receipt of a e der -section (2), the State ouncil ay tain ch other arti ulars as ay be nsi ered ces ary by it o the rson or the allied d alt care t t n cerned, d reafter, it ay,

(a) if the e is fective d es not ntain y ces ary particulars, i e a nable portunity to e rson or d d alt care t t n cerned for aking a rit en r sentation d it shall be en to ch rson or d d alt care t t n to ctify e efects, if y, ecified y e tate ouncil;

(6) nsider the me, ving ard to the factors referred to in -secti n (5). ) he t te ouncil ay, fter nsidering e e d ter taining, here eces ary, ch other arti ulars der -section (2) as ay be nsidered ces ary by it o e rson or d d alt care t t n cerned, d ving ard to e tors rr d to in -section (5), er rove ith ch nditions, if y, as it ay nsider ces ary or rove the e d y ch proval shall nstitute as a r is ion der -section (/):

r vided that no ch e shall be r ved by the State ouncil cept after i g e rson or d d alt care t t n cerned a nable portunity f ei g eard:

r vided rt er at thing in is -section al vent y rson or d d alt care institution hose e has not en r ved by the State ouncil to mit a fresh e d the r visions of this t n shall ply to ch me, as if ch e ad en mit ed for the first time der -section (2).

) he tate ouncil all, hile assing n er der -secti n (4), ve ue ard to the o ing factors, el

) hether e osed d d alt care t t n or e ist g d

d alt care institution ing to en a or her urse of y or training, ould be in a ositi n to offer the basic ards of ucation as ecified by ulations;

6) hether e rson ing to blish n d d alt care t t n or e isti g l d d alt care t t n ing to en a or i her urse of y or g or to ase its is ion pacity has quate ncial r es;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

(c) whether necessary facilities in respect of staff, equipment, accommodation, training, hospital and other facilities to ensure proper functioning of the allied and healthcare institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided as may be specified in the scheme;

(d) whether adequate facilities, having regard to the number of students likely to attend such allied and healthcare institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided as may be specified in the scheme;

(e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such allied and healthcare institution or the course of study or training by the persons having the recognised allied and healthcare qualifications;

(f) the requirement of manpower in the allied and healthcare institution; and

(g) any other factors as may be specified by regulation.

(6) Where the State Council passes an order under sub-section (4), a copy of the order shall be communicated to the person or allied and healthcare institution as the case may be. Explanation.—For the purposes of this section,—

(a) "person" includes any University, institution or a trust, but does not include the Central Government or State Government;

(b) "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in an allied and healthcare institution, means the maximum number of students as may be decided by the State Council from time to time for being admitted to such course of study or training.

41. (1) Any University or college or institution imparting education in any recognised category shall furnish information to the State Council regarding course of study, duration of course, scheme of assessment and examinations and other eligibility conditions in order to obtain the requisite qualifications as an allied and healthcare institution under this Act as the State Council may from time to time require.

(2) Any University or college or institution imparting education in any recognised category as on the date of commencement of this Act shall furnish to the State Council such information in such manner as may be specified by regulations.

42. (1) The State Council shall cause to verify the standards of any allied and healthcare institution where education in the recognised category is given, or to attend any examination held by any educational or research institution for the purpose of recognition of allied and healthcare qualifications by that allied and healthcare institution in such manner as may be specified by regulations.

(2) The verification made under sub-section (1) shall not interfere with the conduct of any training or examination, but shall be for the purpose of reporting to the State Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities for giving education in the recognised categories, as the case may be, or on the sufficiency of every examination which they attend.

(3) The State Council shall forward a copy of the report of verification of standards to the allied and healthcare institution concerned and a copy with remarks of the institution thereon to the Commission.

43. (1) On receipt of a report from the State Council, if the Commission is of the opinion that—

(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 any allied and healthcare institution do not conform to the standards specified by the Commission for the respective courses, as the case may be; or

Power to

require

information

from allied

and

healthcare

institutions.

Recognition of

allied and

healthcare

qualifications

by State

Council.

Withdrawal of

recognition.

ec. 1] E ZET E F N IA ORDINARY 17

(c) hether ces ary facilities in ect of staff, i ment, modation, ing, ospital d t er cilities to sure per ct ning f e l d d alt care t t n or ducting the w urse of y or i g or modating the n sed is ion pacity ve en vided or ould be vi ed as ay be ecified in the me;

(d) hether quate facilities, ving ard to the ber of ents likely to attend ch allied and alt care institution or urse of y or training or as a result of the sed is ion capacity, ave en vided or ould be vided as ay e ecified in e me;

(e) hether y a ent has en ade or me n to part per g to ents k ly to d ch d d alt care t t n or e urse of y or training by the rsons ving the gnised allied d alt care alifi ations;

(f) e i ent f anpower in e d d ealt care ti ti n; d

(g) y other factors as ay be ecified by ulation.

(6) here the State ouncil asses an er der -section (4), a py of the r er shall be municated to the rson or allied d alt care institution as the case ay be. xpl at —For e rposes f is on —

(a) rson" des y niversity, institution or a trust, but es not de the entral overnment or State overnment;

(6) is ion pacity", in t n to y urse f y or g n i g st r duate urse f y or i g) in n d d alt care t ti n, eans the axi um ber of ents as ay be ci ed by the State ouncil me to time for ei g mit ed to ch urse of y or training.

1. /) ny niversity or ll ge or t t n mparting ucation in y gnised ory al ish n ation to e tate ouncil rding urse f dy, rati n f urse, e f ent d minations d t er ibility nditions in er to tain e uisite alifi ati ns as n d d alt care t t n der is ct as e tate ouncil ay o me to me uire.

) ny niversity or ll ge or t t n mparting ucation in y nised ory as n e ate f mencement f is ct al ish to e tate ouncil ch n ation in ch an er as ay e ecified y ulations.

42. (/) he State ouncil shall use to verify the ards of y allied d alt care institution here ucation in the gnised ory is given, or to attend any ination held by y ucational or arch institution for the rpose of gnition of allied d alt care alifi ati ns by that allied d alt care institution in ch an er as ay be ecified by ulations.

) he erif ati n ade der -section (/) al ot rfere ith e duct f y g or mination, ut al e r e rpose f orti g to e tate ouncil n the uacy of the ards of ucation n ing staff, i ment, modation, g d t er cilities r i g ucation in e gnised t gories, as e se ay be, or on the cy of ery ination hich they attend.

(3) he State ouncil shall ard a py of the report of erif ti n of ards to e l d d alt care t t n cerned d a py ith arks f e t t n on to the ommission.

3. (/) n eipt f a ort o e tate ouncil, if e ommission is f e i ion h —

) e urses f y d ination to e dergone in, or e fi cy uired o didates at y ination held by a niversity or y allied d alt care institution do not f r to the a ards ecified by the ommission for the ective urses, as the case ay be; or

wer to

uire

n ation

allied

and

alt care

t tions.

ecognition of

allied d

alt care

alifi ati ns

by State

ouncil.

ithdrawal of

gniti n.

18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) the standards and norms for infrastructure, faculty and quality of education in allied and healthcare institution as determined by the Commission for the respective courses, as the case may be, are not adhered to by any University or allied and healthcare institution, and such University or allied and healthcare institution has failed to take necessary corrective action to maintain specified minimum standards, it may initiate action in accordance with the provisions of sub-section (2).

(2) After considering such representations, and on such enquiry as it may deem fit, the Commission may, within a period of ninety days from the date of receipt from the State Council under sub-section (1), by order, withdraw the recognition granted to the allied and healthcare institution:

Provided that before any order passed, the Commission shall afford, the allied and healthcare institution and the State Government within whose jurisdiction the allied and healthcare institution is situated an opportunity of being heard:

Provided further that the Commission shall, before taking any action for withdrawal of recognition granted to the allied and healthcare professionals qualification awarded by a University or allied and healthcare institution, impose fine in consultation with the concerned State Council.

(3) The Commission may, after making such further inquiry, if any, as it may think fit, by notification, direct that,—

(a) any allied and healthcare qualification shall be a recognised qualification under this Act only when granted before a specified date; or

(b) any allied and healthcare qualification if granted to students of a specified allied and healthcare institution shall be the recognised qualification only when granted before a specified date; or

(c) any qualification shall be the recognised qualification in relation to a specified allied and healthcare institution only when granted after a specified date.

44. The State Council may take such measures, including issuing warning, imposing fine, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against an allied and healthcare institution for failure to maintain the minimum essential standards specified by the Commission under this Act.

CHAPTER VI

FINANCE, ACCOUNTS AND AUDIT

45. The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

46. (1) There shall be constituted a Fund to be called the National Allied and Healthcare Fund and there shall be credited thereto—

(a) all Government grants, fees received by the Commission;

(b) all sums of money received by the Commission by way of grants, benefactions, bequests and transfers; and

(c) all sums of money received by the Commission in any other manner or from any other sources as may be prescribed by the Central Government.

(2) The fund referred to in sub-section (1) shall be applied for the expenses of the Commission incurred in discharge of its functions and purposes of this Act in such manner as may be prescribed by the Central Government.

Failure to

maintain

minimum

essential

standards by

allied and

healthcare

institutions.

Grants by

Central

Government.

National

Allied and

Healthcare

Fund.

18 E ZET E F N IA ORDINARY Parr ]— ailure to

aintain

i um

sential

ards by

allied d

alt care

t tions.

rants by

entral

overnment.

ational

l ied d

ealthcare

und.

(b) the a ards d r s for st cture, faculty d quality of ucation in d d alt care t t n as ined y e ommission r e ective urses, as e se ay e, re ot ered to y y niversity or d d alt care t ti n, d ch niversity or d d ealt care t t n as d to e ces ary rrective t n to aintain ecified i um dards, it ay it te t n in r ance ith e visions f -section (2).

(2) fter nsidering ch resentations, d on ch quiry as it ay fit, the ommission ay, ithin a eri d f i ety ys o e ate f eipt o e tate ouncil der -section (/), by order, it r the gnition nted to the allied d alt care ti ti n:

r vided that efore y r er assed, the ommission shall afford, the allied d alt care t t n d e tate overnment ithin hose r icti n e d d alt care t t n is u t d n portunity f i g eard:

r vided rt er at e ommission all, efore i g y t n r it drawal f gnition nted to e d d alt care fessionals alifi ati n arded y a niversity or d d alt care ti ti n, mpose e in nsultati n ith e cerned tate ouncil.

(3) he ommission ay, fter aking ch r er uiry, if ny, as it ay k fit, y otifi ation, i ect —

(a) y allied d alt care alifi ati n shall be a gnised alifi ati n der is ct nly hen nted efore a ecified ate; or ) y d d alt care alifi ati n if nted to ents f a ecifi d allied d alt care institution shall be the nised alifi ati n only hen nted efore a ecified date; or

(c) any alifi ati n shall be the gnised alifi ati n in relation to a cifi d d d alt care t t n ly hen nted ter a ecified ate.

4. he tate ouncil ay e ch easures, n ing i g arning, mposing e, cing e or o age f is ions d co mending to e ommission r it drawal f ognition, ainst n d d alt care t t n r re to aintain the i um essential ards ecified by the ommission der this Act.

APTER I

I ANCE, OUNTS D UDIT

5. he entral overnment ay, fter ue propriation ade y arl ent y a in this ehalf, ake to e ommission rants f ch s f oney as e entral overnment ay k fit r eing ti d r e rposes f is ct.

46. (1) here shall be nstit ted a nd to be called the ational l ied d ealthcare und d there shall be dited h o—

(a) all overnment grants, fees i ed by the ommission;

(5) all s of oney i ed by the ommission by ay of grants, enefactions, quests d sfers; d

(2) he d rr d to in -section (/) shall be plied for the enses of the ommission rred in arge of its cti ns d rposes of this ct in ch an er as ay be scri ed by the entral over ent.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

47. (1) The Commission shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the Commission.

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

48. The Commission shall prepare every year, in such form and within such time as may be prescribed by the Central Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

49. The Commission shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.

50. The State Government may, after due appropriation made by State Legislature by law in this behalf, make to the State Council grants of such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

51. (1) There shall be constituted a Fund to be called the State Allied and Healthcare Council Fund and there shall be credited thereto—

(a) all sums of money received from the State Government;

(b) all sums of money received by the State Council by way of grants, fees, benefactions, bequests and transfers; and

(c) all sums of money received by the State Council in any other manner or from any other source as may be decided by the State Government.

(2) All receipts of the Commission and State Councils shall be routed through an online payment portal of the Commission and one-fourth of all the receipts shall be transferred to the National Allied and Healthcare Fund and three-fourth of all the receipts shall transfer to the relevant State Allied and Healthcare Council Fund through that portal.

(3) The fund referred to in sub-section (1) shall be applied for the expenses of the State Council incurred in discharge of its functions for the purposes of this Act in the manner as may be prescribed by the State Government.

52. (1) The State Council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the State Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the State Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the State Council to the Comptroller and Auditor-General of India. Accounts and

audit of

Commission.

Annual report

Commission.

Returns and

information.

Grants by

State

Government.

State Allied

and

Healthcare

Council Fund.

Accounts and

audit of State

Council.

ec. 1] E ZET E F N IA ORDINARY 19

7. ) he ommission al aintain propriate ounts d t er ant ords d r pare an nual a e ent of ounts ing the l nce sheet in r ance ith ch neral i cti ns as ay be ed d in ch as ay be ecified by the entral overnment in nsultati n ith the omptroller d uditor-General of India.

(2) he ounts of the ommission shall be dited nual y by the omptroller and uditor-General f dia or y rson ointed y in is ehalf d y penditure n rred y or y rson so ointed in nection ith ch dit al e yable by the ommission to the omptroller and uditor- eneral of India.

(3) he omptroller d uditor- eneral f dia d y rson ointed y in nection ith the audit of the ounts of the ommission shall ve the e rights and r il ges d thority in nection ith ch dit as the omptroller d uditor-General f dia as in nection ith e dit f overnment ounts, d, in articular, al ve e ht to and e duction f oks f count, nected uchers d other ments and apers d to inspect the office of the ommission.

(4) he ounts of the ommission as certified by the omptroller and uditor- eneral of India or any r on ointed by in this behalf, ether with the audit report reon, al e arded nual y to e entral overnment d at overnment al use e e to e i efore ch ouse f arl ent.

48. he ommission shall pare ery year, in such and ithin ch time as ay e scri ed y e entral overnment n nual ort i g a e d full ount f its activities ri g the vious year and pies of shall be arded to the entral overnment d that overnment shall use the e to be laid efore ch ouse of arl ent.

9. he ommission al ish to e entral overnment ch orts, rns d t er n ation as at overnment ay uire o me to e.

50. he State overnment ay, after due propriation ade by State egislature by in is ehalf, ake to e tate ouncil rants f ch s f oney as e tate overnment ay k fit r ei g ti d r e rposes f is ct.

51. (/) here shall be nstit ted a nd to be called the State l ied d ealthcare ouncil nd d there shall be dit d thereto

(a) all s of oney i ed the State overnment;

(6) all s of oney i ed by the State ouncil by ay of grants, fees, nefactions, quests d transfers; d

(2) l eipts f e ommission d tate ouncils al e ted h gh n nline ment ortal f e ommission d e-fourth f all e eipts al e a f rred to e ational l ied d ealthcare nd d - urth f all e eipts al sfer to the ant State l ied d ealthcare ouncil nd gh that portal.

(3) he d rr d to in -section (/) shall be plied for the enses of the State ouncil rred in arge of its cti ns for the rposes of this ct in the an er as ay be scri ed by the State overnment.

52. (/) he State ouncil shall aintain propriate ounts d other relevant ords d r pare an nual a e ent of ounts ing the l nce sheet, in r ance ith ch neral ti ns as ay be d d in ch as ay be ecified by the tate overnment in nsultation ith e omptroller d uditor-General f dia. ) he ounts f e tate ouncil al e dited nual y y e omptroller d uditor-General f dia or y rson ointed y in is ehalf d y penditure n rred y or y rson so ointed in nection ith ch dit al e yable y e tate ouncil to e omptroller d uditor- eneral f dia. Accounts and

audit of

ommission.

n ual ort

ommission.

eturns d

ation.

rants by

State

overnment.

State l ied

and

ealthcare

ouncil und.

Accounts and

audit of State

ouncil.

20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the State Council.

(4) The accounts of the State Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and that Government shall cause the same to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

53. The State Council shall prepare every year, in such form and within such time as may be prescribed by the State Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the State Government and that Government shall cause the same to be laid before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House.

54. All orders and decisions of the Commission or the State Council, as the case may be, and the instruments issued by it shall be authenticated by the Secretary or any other officer authorised by the Chairperson in this behalf.

55. No allied and healthcare professional shall discharge any duty or perform any function not authorised by this Act or any treatment not authorised within the scope of practice of the profession.

CHAPTER VII

OFFENCES AND PENALTIES

56. If any person whose name is not for the time being entered in the Central Register or a State Register falsely represents that it is so entered or uses in connection with his name or title any words or letters to suggest that his name is so entered, he shall be punished on first conviction with fine which may extend to fifty thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one lakh rupees or with both.

57. If any person,—

(a) not being a person registered in the Central Register or a State Register, takes or uses the description of an allied and healthcare professional, or

(b) not possessing an allied and healthcare qualification under this Act, uses a degree or a diploma or a license or an abbreviation indicating or implying such qualification,

shall be punished on first conviction with fine which may extend to one lakh rupees, and on any subsequent conviction with imprisonment which may extend to one year or with fine not exceeding two lakh rupees or with both.

58. If any person whose name has been removed from the Central Register or a State Register, he shall surrender forthwith his certificate of registration or certificate of renewal, as the case may be, or both, failing which he shall be punishable with fine which may extend to fifty thousand rupees and in case of a continuing offence with an additional fine which may extend to five thousand rupees per day after the first day during which the offence continues.

59. Whoever contravenes any of the provisions of this Act or any rules or regulations made thereunder shall be punished with imprisonment which shall not be less than one year but which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both.

Annual report

of State

Council.

Authentication

of orders, etc.

Practice by

allied and

healthcare

professionals.

Penalty for

falsely

claiming to be

entered in

Central

State Register.

Misuse of

titles.

Failure to

surrender

certificate of

registration.

Penalty for

contravention

of provisions

of Act.

0 E ZET E F N IA ORDINARY Parr ]— n ual ort

of State

ouncil.

uthentication

of orders, etc.

ractice by

allied d

alt care

fes ionals.

enalty for

ely

ing to be

t red in

entral

egister d

State egister.

isuse of

titles.

ailure to

der

rtifi ate of

istration.

enalty for

tr vention

of provisions

of Act.

) he omptroller d uditor-General f dia d y rson ointed y in nection ith the audit of the ounts of the State ouncil shall ve the e rights d r il ges d thority in nection ith ch dit as the omptroller d uditor-General f dia as in nection ith e dit f overnment ounts, d, in articular, al ve e ht to and e duction f oks f count, nected uchers d other ments d pers d to ect the office of the State ouncil. ) he ounts f e tate ouncil as rtifi d y e omptroller d uditor-General f dia or y rson ointed y in is ehalf, ether ith e audit report thereon, shall be arded nual y to the State overnment and that overnment shall use the e to be laid efore ch ouse of State egislature here it consists of o ouses, or here ch egislature consists of one ouse, efore that ouse.

3. he tate ouncil al pare ery ear, in ch d ithin ch me as ay be scri ed by the State overnment an nual report i g a true d full ount of its activities ring the vious year d pies of shall be arded to the State overnment d that overnment shall use the e to be laid efore ch ouse of the State egislature, here it consists of o ouses, or here ch egislature consists of one ouse, efore that ouse.

54. All orders d cisi ns of the ommission or the State ouncil, as the case ay be, d the n ru ents d by it shall be t enticated by the ecretary or any other ffi er t orised y e hairperson in is ehalf.

5. o d d ealt care r fessional al arge y uty or r y cti n not t orised by this ct or any e ent not t orised ithin the pe of practice of the r fes ion.

APTER I

F ENCES D ALTIES

6. If y rson hose e is ot r e me i g t red in e entral egister or a State egister falsely resents that it is so t red or uses in nection ith his e or title y ords or letters to gest that his e is so entered, he shall be nished on first nviction ith e hich ay t nd to sand pe s, d n y quent nviction ith mpri ent hich ay t d to six onths or ith e ot eeding e lakh ees or ith both.

7. If y

(a) not i g a rson i t red in the entral egister or a State Register, takes or ses e scripti n f n d d alt care r fes ional, or

(b) not sses ing an allied d alt care alifi ati n der this Act, uses a gre or a a or a c se or n breviation n i ati g or mplying ch ualification,

al e nished n first nviction ith e hich ay t d to e h e s, d n y s quent nviction ith mpri ent hich ay t d to e ear or ith e ot eeding o lakh ees or ith both.

58. If y erson hose e has en oved o the entral egister or a State egister, e al der ith is rti ate f ist t n or rti ate f ewal, as e se ay e, or oth, g hich e al e nishable ith e hich ay t d to sand ees d in se f a nti uing ce ith n diti nal e hich ay t nd to five sand ees per ay after the first y ri g hich the ce ntinues.

9. hoever t enes y f e visions f is ct or y les or ulati ns ade h nder shall be nished ith mpri ent hich shall not be less than ne year ut hich ay t nd to ree ears or ith e hich al ot e ss n e h ees but hich ay t nd to five lakh ees or ith t .

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

60. (1) No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

CHAPTER VIII

MISCELLANEOUS

61. No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act.

62. No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder in the discharge of their official duties.

63. (1) The Central Government may, from time to time, issue such directions to the Commission, as in the opinion of Government are conducive for the fulfilment of the objects of this Act and in the discharge of its functions.

(2) Any direction issued under sub-section (1) may include directions to the Commission to make any regulations or to amend or revoke any regulations already made.

64. The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

65. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for all or any of the following matters, namely:—

(a) the qualifications and experiences of the Part-time Member of the Commission under sub-clause (i) of clause (d) of sub-section (3) of section 3;

(b) the manner of selection of the Part-time Member of the Commission under sub-clause (ii) of clause (d) of sub-section (3) of section 3;

(c) the qualification, experience and manner of the selection of the Part-time Member of the Commission under sub-clause (iii) of clause (d) of sub-section (3) of section 3;

(d) the salaries, allowances and other conditions of service of the Chairperson and Vice-Chairperson of the Commission under sub-section (2) of section 4;

(e) the travelling and other allowances to the Part-time Member of the Commission under sub-section (3) of section 4;

(f) the rules of procedure with respect to the transaction of business at meetings of the Commission under sub-section (1) of section 7;

(g) the salaries, allowances and other conditions of service of the Secretary and other officers of the Commission under sub-section (2) of section 9;

(h) the qualifications and experiences of members of the Professional Council under sub-section (1) of section 10;

Cognizance of

offences.

Bar of

jurisdiction.

Protection of

action taken

in good faith.

Direction by

Central

Government.

Act to have

overriding

effect.

Power of

Central

Government

to make rules.

ec. 1] E ZET E F N IA ORDINARY 1

0. /) o urt al e nizance f y ce nishable der is ct cept on a plaint ade by the entral overnment, the State overnment, the ommission, or e tate ouncil, as e se ay e.

(2) o urt rior to at f a etropolitan agistrate or a dicial agistrate f e first class shall try y ce nishable der this Act.

APTER I

ISCELLANEOUS

61. o Civil ourt shall ave r icti n to entertain y suit or eeding in ect of y r er ade by the ommission or State ouncil relating to the oval of a e or e sal to ter a e in e entral egister or tate egister, as e se ay e, der is ct.

2. o it, secution or t er al eeding al lie ainst e entral overnment or tate overnment or ainst e hairperson, i - hairperson or y t er ember of the ommission or y ember of the State ouncil or y ember of the r fes ional ouncil or y ember f e ut omous oard, as e se ay e, r ything hich is in od ith ne or ed to e ne in r ance f is ct or y rule ade h nder in the arge of their official duties.

63. (/) he entral overnment ay, o me to time, issue ch ti ns to the ommission, as in e i ion f overnment re ducive r e ment f e bjects f is ct d in e arge f its ctions.

(2) ny direction issued der -secti n (/) ay n de directions to the ommission to ake y ulati ns or to end or ke y ulati ns y ade.

4. he visions f is ct al ave er i ing ect t ithst nding ything n nsistent ith ntai ed in y t er r e me ei g in rce or in y n ru ent ving fect y i e f y t er n is ct.

5. /) he entral overnment ay, y otifi ation, ake les to rry ut e visions f is ct.

) In articular, d ithout r j dice to e nerality f e oing wers der -section (/), ch les ay vide r all or y f e o ing atters, el

(a) e alifi ati ns d peri nces f e art e ember f e ommission der -clause (7) of se (d) of -section (3) of section 3;

(6) the an er of ti n of the art- e ember of the ommission der -clause (ii) of se (d) of -section (3) of section 3;

(c) the ualification, erience d an er of the ti n of the art e ember f e ommission der -cl use (iii) f se (d) f -section ) f t n 3;

(d) the salaries, o ances d other nditions of service of the hairperson d i hairperson of the ommission der -section (2) of ti n 4;

(e) the travelling and other owances to the art me ember of the ommission der -section ) f t n 4;

(f) the rules of cedure ith ect to the a cti n of sines at e tings f e ommission der -secti n /) f t n 7;

(g) the salaries, o ances d other nditions of service of the ecretary d other officers of the ommission der -section (2) of ti n 9;

(h) the alifi ati ns d periences of embers of the r fes ional ouncil der -section /) f ti n 10;

ognizance of

nces.

ar of

J ri diction.

rotection of

ti n en

in od faith.

irection by

entral

overnment.

ct to ve

er iding

effect.

wer of

entral

overnment

to ake l s.

22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(i) the form of application and the manner of entering the name of person in the Central Register under section 16;

(j) the form, manner and fee of application for certificate of registration under sub-section (1) of section 17;

(k) the form of certificate of registration under sub-section (2) of section 17; (l ) the fees for and form of duplicate certificate under sub-section (3) of section 17;

(m) the form, manner and fees of application for additional entry in the Central Register under sub-section (1) of section 18;

(n) the qualifications, experiences and manner of appointment of members of Interim Commission under clause (k) of sub-section (2) of section 20;

(o) the form, manner, particulars and fees of the scheme under clause (b) of sub-section (2) of section 40;

(p) the manner of sums of money received by the Commission under clause (c) of sub-section (1) of section 46;

(q) the manner of application of fund for expenses incurred in discharge of the functions of the Commission under sub-section (2) of section 46;

(r) the form and time period for preparing annual report of the Commission under section 48; and

(s) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.

66. (1) The Commission may, after public consultation and with the previous approval of the Central Government, make regulations generally to carry out the purposes of this Act.

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

(a) the manner of providing basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various recognised categories, proportionate distribution of seats and promote innovations in recognised categories under clause (e) of sub-section (1) of section 11;

(b) other particulars for allied and healthcare qualifications under clause (f) of sub-section (1) of section 11;

(c) the manner of providing uniform examination with common counselling for admission under clause (g) of sub-section (1) of section 11;

(d) the manner of providing for exit or licensing examination for allied and healthcare professionals and National Teachers Eligibility Test under clause (h) of sub-section (1) of section 11;

(e) the manner of taking measures under clause (k) of sub-section (1) of section 11;

(f) the manner of containing information including name of person and qualification relating to any of the respective reconigsed categories in the Central Register under sub-section (1) of section 13;

(g) the manner of adopting standardised format for populating and maintaining the Central Register under sub-section (2) of section 13;

(h) the manner of removal of name of a person from the Central Register under section 19;

Power to

make

regulations.

2 E ZET E F N IA ORDINARY Parr ]— wer to

ake

ulations.

({) e f plicati n d e an er f t ri g e e f rson in e entral egister der t n 16;

(j) e , an er d e f plicati n r rti i ate f ist ti n der -section (/) f ti n 17;

(k) the of certificate of istr ti n der -section (2) of section 17; (/) the fees for d of plicate certificate der -section (3) of ti n 17;

) e , an er d es f plicati n r diti nal try in e entral egister der -section (/) of section 18;

(n) e alifications, eriences d an er f oi t ent f embers f ommission der se (A) f -section (2) f ti n 0;

(o) the , an er, arti ulars and fees of the e der se (b) of -section (2) f ti n 0;

(p) the an er of s of oney i ed by the ommission der clause (c) of -section (/) f ti n 6;

(q) e an er f plicati n f d r enses n rred in arge f e cti ns of the ommission der -section (2) of section 46;

(r) e d me eri d for paring nual ort f e ommission der ti n 8; d

(s) y other atter hich is uired to be, or ay be, ecified by rules or in ect r hich vision is to e ade y les.

66. (1) he ommission ay, after ublic nsultati n d ith the vious proval f e entral overnment, ake ulati ns neral y to rry ut e rposes f is ct.

(2) In particular, and ithout r j dice to the nerality of the oing r visions, ch ulati ns ay vide r all or y f e o ing atters, el

(a) e an er f viding asic ards f ucation, urses, r icula, ysical d cti nal cilities, ff at ern, ff ualifications, uality ctions, ent, mination, ing, arch, nti uing fessional ucation, axi um i n e yable in ect f ari us gnised t gories, portionate ti n of seats d ote n vations in gnised t gories der se (e) f -section (/) f ti n 11;

(6) other arti ulars for allied and ealt care alifi ati ns der clause (f) of -section (/) f ti n 11;

(d) e an er f viding r xit or c si g ination r d d alt care fessionals d ational achers ligibility est der se ) f -section (/) f ti n 11;

(e) the an er of i g easures der se (k) of -section (/) of ti n 11;

(f) e an er f ntaining n ation ing e f rson d alifi ati n relating to y of the ective nigsed ories in the entral egister der -section (/) of t n 13;

) e an er f opting a ardised at r pulating d aintaining the entral egister der -secti n (2) of section 13;

(h) the an er of oval of e of a rson o the entral egister der ti n ;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(i) the number of members from each recognised category under sub-section (2) of section 29;

(j) other functions of the Under-graduate Allied and Healthcare Education or Post-graduate Allied and Healthcare Education or Allied and Healthcare Profession Assessment and Rating or Allied and Healthcare Professions Ethics and Registration under sub-section (6) of section 29;

(k) the manner of containing information including name of person and qualification relating to any of their respective recognised categories under sub-section (1) of section 32;

(l) the manner of containing details of academic qualification, institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the State Register under sub-section (2) of section 32;

(m) the form and manner of renewal of registration under sub-section (4) of section 33;

(n) the period for registration under sub-section (2) of section 36;

(o) the period and manner of registration of person who offers services in any of the recognised categories on or before the commencement of this Act under section 38;

(p) the recognition of corresponding allied and healthcare qualifications granted outside India under sub-section (1) of section 39;

(q) the manner of entitlement of registration of qualifications granted by institutions outside India under sub-section (2) of section 39;

(r) the basic standards of education for seeking to open a new or higher course of study or training under clause (a) of sub-section (5) of section 40;

(s) any other factors under clause (g) of sub-section (5) of section 40;

(t) the manner of furnishing information by the University or college or institution under sub-section (2) of section 41;

(u) the manner of verification of standards of education in allied and healthcare institutions by the State Council under sub-section (1) of section 42; and

(v) any matter for which provision may be made by the regulations under this Act.

67. Every rule made by the Central Government, and the regulations made by the Commission, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulations, or both Houses agree that the rule or regulations should not be made, the rule or regulations 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 or regulations.

68. (1) The State Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for the following matters, namely:—

(a) the qualifications and experiences of the member of the State Council under clause (e) of sub-section (3) of section 22;

(b) the qualifications and experiences of the member of the State Council under clause (f) of sub-section (3) of section 22;

Laying of

rules and

regulations.

Power of State

Government

to make rules.

ec. 1] E ZET E F N IA ORDINARY 3

(i) e ber f embers o ch gnised ory der -secti n (2) f t n 9;

(j) t er cti ns f e nder-graduate l ied d ealthcare ducation or ost- raduate l ied and ealthcare ducation or l ied d ealthcare r fession ssessment d ating or l ied d ealthcare r fessions Ethics and egistration der -section (6) of section 29;

(kK) e an er f ntaining n ation n ing e f rson d

alifi ation t g to y f eir ective gnised t gories der -section (/) f ti n 2;

(J) e an er f ntai ing etails f mic ualification, t t ns, i g, skill d petencies f l i d d ealthcare r fes ionals t d to eir fession in the State egister der -section (2) of section 32; ) e d an er f wal f istr ti n der -section (4) f section 33;

(n) the eri d for istr ti n der -section (2) of section 36;

(o) the eri d and an er of istr ti n of rson ho offers ices in any of e gnised t gories n r efore e mencement f is ct der section 38;

) e gnition f nding d d alt care alifi ati ns nted tside India der -secti n (/) of section 39;

) e an er f t ement f istr ti n f alifi ati ns nted y institutions tside India der -section (2) of section 39;

(r) the basic a ards of ucation for ing to en a or her urse of study or training der clause (a) of -section (5) of section 40;

(s) any other factors der clause (g) of -section (5) of section 40; (¢) e an er f i i g n ation y e niversity or ll ge or t t n der -section (2) f ti n 1;

(uw) the an er of erif ati n of ards of ucation in allied d alt care institutions by the State ouncil der -section (/) of section 42; and

(v) any atter for hich r visi n ay be ade by the ulati ns der this Act.

67. very rule ade by the entral overnment, and the ulati ns ade by the ommission, der this ct shall be laid, as n as ay be after it is ade, efore ch ouse f arl ent, hile it is in sion, r a tal eri d f irty ys hich ay e prised in one i n or in o or ore ces ive sessions, d if, efore the piry of the i n mmediately o ing the i n or the ces ive i ns resaid, oth ouses ree in aking y odification in e le or ulations, or oth ouses ree that the rule or ulati ns uld not be ade, the rule or ulati ns shall, thereafter ave ct nly in ch odified or e f o fect, as e se ay e; so, wever, at y h odification or ul ent al e it out r j dice to e alidity f ything viously ne der that rule or ulations.

68. (/) he State overnment ay, by notification, ake rules to carry out the visions f is ct.

(2) In articular, d ithout r j dice to e nerality f e oing wers der -section (/), ch les ay vide r e o ing atters, el

(a) the alifi ati ns d eri nces of the ember of the State ouncil der se (e) f -section ) f ti n 2;

(b) the alifi ati ns d eri nces of the ember of the State ouncil der se (f) f -section ) f ti n 2;

aying of

tules and

ulations.

wer of State

overnment

to ake l s.

24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(d) the time, place and manner of rule of procedure in respect to transaction of business at meetings including quorum of the State Council under sub-section (1) of section 26;

(e) the salaries, allowances and other conditions of services of the Secretary, other officers and employees of the State Council under sub-section (2) of section 28;

(f) the fees for registration in the State Register under sub-section (1) of section 33;

(g) the form of certificate of registration under sub-section (3) of section 33;

(h) the fee and form of duplicate certificate under section 34;

(i) the fee and the manner of payment of such fee under sub-section (1) of section 35;

(j) the fee for restoration of name in the State Register under proviso to sub-section (2) of section 35;

(k) the fee for restoration of name in the State Register under section 37;

(l) the manner of application of fund for expenses incurred in discharge of the functions of the State Council under sub-section (3) of section 51;

(m) the form and time for preparing annual report under section 53; and

(n) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House.

69. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

70. (1) The Central Government may, after consultation with the Commission, by a notification, add to or otherwise amend the Schedule for the purposes of this Act and thereupon the said Schedule shall be deemed to be amended accordingly.

(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses.

Power to

remove

difficulties.

Power to

amend

Schedule.

4 E ZET E F N IA ORDINARY Parr ]— wer to

ove

difficulties.

wer to

end

Schedule.

(d) the time, place and an er of rule of cedure in ect to a cti n of sines at e tings n ing r of the State ouncil der -section (/) of ti n 6;

(e) the salaries, o ances and other nditions of ices of the ecretary, other officers and ploye s of the State ouncil der -section (2) of section 28;

(f) the fees for istr ti n in the State egister der -section (/) of section 33;

(g) the of certificate of istr ti n der -section (3) of section 33;

(h) the fee d of plicate certificate der section 34;

(i) the fee and the an er of ment of ch fee der -section (/) of section 35;

(j) e e r rati n f e in e tate egister der r viso to -section (2) of section 35;

(k) e e r rati n f e in e tate egister der ti n 7;

(2) e an er f plicati n f d r enses rred in arge f e cti ns of the State ouncil der -section (3) of section 51; ) e d me r paring nual ort der ti n 3; d

(n) any other at er hich is uired to be, or ay be, ecified by rules or in ect r hich vision is to e ade y les.

(3) very rule ade by the State overnment der this ct shall be laid, as n as ay be after it is ade, efore ch ouse of State egislature, here there are o ouses d here there is one ouse of State egislature, efore that ouse.

69. (/) If y difficulty arises in i g effect to the visions of this Act, the entral overnment ay, by order, bli ed in the Official azette, ake ch r visions, not n nsistent ith e r visions f is ct, as ay pear to it to e ces ary or pedient r oving e i fi ulty:

r vided that no order shall be ade der this section after the piry of three years o e ate f mencement f is ct.

(2) very order ade der this section shall, as n as ay be after it is ade, be laid efore ch ouse f arl ent.

70. (1) he entral overnment ay, after nsultation ith the ommission, by a notification, add to or r ise end the hedule for the rposes of this ct and on the said hedule shall be ed to be ended ordingly.

(2) A py of ery otif ati n osed to be d der -section (/), shall be in raft efore ch ouse f arl ent, hile it is in sion, r a tal eri d f irty ys hich ay be prised in one i n or in o or ore ces ive sessions, d if, efore e piry f e i n mmediately o ing e i n or e ces ive i ns resaid, oth ouses ree in r ving the issue of the otif ati n or oth ouses ree in aking y odification in e otifi ation, e otif ati n al ot e d or, as the case ay be, shall be d only in ch odified as ay be r ed on by oth the ouses.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

THE SCHEDULE

[See section 2(r)] Serial Recognised Category Allied and Healthcare ISCO Number Professional Code

(1) (2) (3) (4)

1. Medical Laboratory and Life Sciences Life Science Professional

Note: Life Science Professional is a person who has knowledge of application of research on human and other life forms, their interactions with each other and the environment, to develop new knowledge, and solve human health and environmental problems and who works in diverse fields such as bacteriology, biochemistry, genetics, immunology, pharmacology, toxicology and virology and who collect, analyse and evaluate the experimental and field data to identify and develop new processes and techniques among others.

Medical Laboratory Sciences Professional Note: Medical and pathology laboratory professional is a person who performs clinical test on specimens of bodily fluids and tissues in order to get information about the health of a patient or cause of death and having formal training in medical laboratory technology or related field, which includes testing and operating equipment such as spectrophotometers, calorimeters and flame photometers for analysis of biological material including blood, urine and spinal fluid.

2. Trauma, Burn Care and Surgical/ Anesthesia related technology Trauma and Burn Care Professional

Note: Trauma and Burn Care Professional is a

person who provides advisory, diagnostic,

curative and preventive medical services more limited in scope and complexity than those

carried out by a medical doctor including

emergency and burn care technologist who work autonomously, or with limited supervision of

medical doctors and apply advanced clinical

procedures for treating and preventing injuries and other physical impairments.

Surgical and Anaesthesia-related Technology

Professional

Note: Surgical and Anaesthesia-related

Technology professional is a person who is a

member of a multi-disciplinary team in the

operation theatres, who prepares and maintains an operating theatre, assists the anaesthetist and surgical team during peri-operative period and provides support to patients in the recovery

room and the main role includes the set up, check,

(i) Biotechnologist

(ii) Biochemist (non- clinical)

(iii) Cell Geneticist

(iv) Microbiologist (non- clinical)

(v) Molecular Biologist (non- clinical)

(vi) Molecular Geneticist

2131

(i) Cytotechnologist

(ii) Forensic Science Technologist

(iii) Histotechnologist

(iv) Hemato Technologist

(v) Medical Lab Technologist

3212

(i) Advance Care Paramedic 2240

(ii) Burn Care Technologist 2240

(iii) Emergency Medical 3258 Technologist (Paramedic)

(i) Anaesthesia Assistants 3259 and Technologists

(ii) Operation Theatre (OT) 3259 Technologists

(iii) Endoscopy and 3259 Laparoscopy

Technologists

ec. 1] E ZET E F N IA ORDINARY 5

E ULE

e t n (r)] Serial ecognised ategory Allied and ealthcare S O umber r fes ional ode

() (2) (3) (4)

1. edical aboratory d ife i nces Life Science Professional (i) Biotechnologist 31 Note: Life Science Professional is a person ho (ii) Biochemist (non- has wledge of application of research on _... clinical) .. human and other life forms, their interactions (iti) Cell Gen cticist with each other and the environment, to develop (iv) Microbiologist (non- owledge, and solve an health and clinical) a.

i mental l s d ho orks in (v) Molecular Biologist (non- diverse fields such as bacteriology, biochemistry, . clinical) .

. : i) olecular eneticist enetics, m unology, ar acology, o l gy and l gy and ho collect, analyse and evaluate the eri ental and field data to ntify d velop w ces es d

i ues ong t ers.

edical aboratory Sciences Professional (i) Cytotechnologist 3212 ote: edical and t ology ratory (ii) Forensic Science professional is a person ho r s clinical Technologist . test on ens of bodily fluids and tissues in (iii) Histotechnologist . er to get n ation out the ealth of a (iv) Hemato Technologist . patient or cause of death and ving formal (v) Medical Lab Technologist g in edical a ratory e ol gy or

t d field, hich n des g d erati g

i ment ch as t hotomet rs,

calorimeters and flame ot meters for analysis

of i l gical aterial n i g l od, ri e d

inal fluid.

2. r ma, urn Care and Surgical/ nesthesia related e ol gy a and urn Care Professional (i) Advance Care Paramedic 2240 Note: r a and urn Care Professional is a (ii) Burn Care Technologist 2240 rson ho vides advisory, diagnostic, itt) Emergency Medical : 3258 curative and preventive edical services ore Technologist (Paramedic) mited in pe d plexity n se

rri d ut y a edical ctor ing

ergency d urn re nologist ho ork

mously, or ith imit d ervision of

edical doctors and apply anced clinical

cedures for t g d enting ries

d t er ysical mpairments.

Surgical and naesthesia-related nology (i) Anaesthesia Assistants 3259 Professional d chnologists

Note: urgical and naesthesia-related (ii) Operation Theatre (OT) 3259 nology r fessional is a rson ho a ___... Technologists ember of a ulti-disciplinary in the (iti) Endoscopy and 3259 operation theatres, ho prepares and maintains Lap arOscopy chnologists

an erating eatre, sists the aesthetist d

rgical ring eri perative eri d d

vides port to atients in the very

d the ain role n des the set up, ,

26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and maintains anaesthesia equipment, preparation of operation room and table, management of the central sterile services department functions, assistance in emergency situations and disaster preparedness and support of the surgeons and anesthetists in any other related clinical area.

3. Physiotherapy Professional Note: Physiotherapy Professional is a person who practices physiotherapy by undertaking comprehensive examination and appropriate investigation, provides treatment and advice to any persons preparatory to or for the purpose of or in connection with movement or functional dysfunction, malfunction, disorder, disability, healing and pain from trauma and disease, using physical modalities including exercise, mobilization, manipulations, electrical and thermal agents and other electro therapeutics for prevention, screening, diagnosis, treatment, health promotion and fitness. The

physiotherapist can practice independently or as a part of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree.

4. Nutrition Science Professional Note: Nutrition Science Professional is a person who follows a scientific process to assess, plan and implement programmes to enhance the impact of food and nutrition on health, promote good health, prevent and treat disease to optimize the health of individuals, groups, communities and populations as well as on human health with training in food and nutritional science, nutrition, dietetics.

5. Ophthalmic Sciences Professional Note: Ophthalmic Sciences Professional is a person who studies eye, related ailments and specialises in the management of disorders of eye and visual system, limited in scope and complexity as performed by a medical doctor having Optometrists with a minimum of four years of baccalaureate degree and Ophthalmic Assistants/Vision Technician with a minimum of two years recognised diploma programme.

6. Occupational Therapy Professional Note: Occupational Therapy Professional is a person who delivers client-centred services concerned with promoting health and well-being through occupation to enable people to participate in the activities of everyday life, which includes professionals such as Occupational Therapists who achieve this outcome by working with people and communities to enhance their ability to engage Physiotherapist 2264

(i) Dietician (including 2265 Clinical Dietician,

Food Service

Dietician)

(ii) Nutritionist (including 2265 Public Health

Nutritionist, Sports

Nutritionist)

(i) Optometrist 2267

(ii) Ophthalmic Assistant 3256

(iii) Vision Technician 3256 Occupational Therapist 2269

(1) (2) (3) (4)

6 E ZET E F N IA ORDINARY Parr ]—

(1) (2) (3) (4)

d aintains aesthesia i ment, paration f eration d ble, anagement f e ntral rile ices art ent functions, assistance in ergency ti ns d i aster arednes d

port of the eons d esthetists in y t er t d ical area.

ysiotherapy r fes ional

ote: hysiotherapy r fes ional is a rson ho ractices ysiot erapy y dertaking prehensive ination d propriate estigation, vides e ent d vice to y rsons aratory to or for the rpose of or in nection ith ovement or cti nal sfunction, alfunction, i rder, i ability, eali g d ain o au a d i ease, si g ysical odalities ding ercise, obilization, anipulations, ctrical d al ents d t er ctro peutics

for r vention, ning, nosis, e ent, ealth otion d es . he

ysiotherapist n ractice n endently or as a part of a multi-disciplinary team and has a i um alifi ati n a ccalaureate gre . utriti n i nce r fes ional

ote: utriti n i nce r fes ional is a rson ho follows a scientific process to assess, plan d mpl ent mes to ance e

mpact of d d utrit n n ealth, ote

od ealth, vent d treat ase to t ize the ealth of n i iduals, ups, munit es d pulations as ell as n an ealth ith g in d d utrit nal nce, utriti n,

ietetics.

phthalmic i nces r fessional

ote: phthalmic i nces r fes ional is a rson ho ies e, t d ments d

specialises in the anagement of disorders of eye and visual system, limited in scope and plexity as ed by a edical doctor

ving ptometrists ith a i um of ur

ears of ccalaureate gree d phthalmic s istants/ ision echnician ith a i um of two years gnised a me.

c upational herapy r fes ional

Note: c upational herapy Professional is a rson ho eli ers ntred ices

cerned ith oting ealth d el - eing gh cupation to able ople to

arti i ate in the tivities of r day life, hich des fessionals ch as

ccupational herapists ho ieve this e y orking ith ople d

munit es to ance their ility to age hysiotherapist

(i) ietician n i g linical ietician, od Service

ietician)

(i) utritionist n ing ublic ealth

utritionist, ports utritionist)

(i) ptometrist

(ii) phthalmic s istant

(iii) isi n chnician c upational herapist

3256

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

in the occupations they are expected to do, or by modifying the occupation or the environment to better support their occupational engagement. The Occupational Therapist can practice independently or as a part of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree.

7. Community Care, Behavioural Health Sciences and other Professionals Community Care

Note: Primary and Community Care Professional

is a person who provides health education,

referral and follow up, case management, and

basic preventive healthcare and home visiting

services to specific communities at field level

and provides support and assistance to

individuals and families in navigating the health and social services system and establish a referral network.

Behavioural Health Sciences Professional

Note: Behavioural Health Sciences Professional

is a person who undertakes scientific study of

the emotions, behaviours and biology relating to

a person's mental well-being, their ability to

function in everyday life and their concept of

self. "Behavioural health" is the preferred term

to "mental health" and includes professionals

such as counsellors, analysts, psychologists,

educators and support workers, who provide

counselling, therapy and mediation services to

individuals, families, groups and communities

in response to social and personal difficulties.

Other Care Professionals

8. Medical Radiology, Imaging and Therapeutic Technology Professional

Note: Medical Imaging and Therapeutic Equipment Technology Professionals include persons who tests and operate radiographic, ultrasound and other medical imaging equipment to produce images of body structures for the diagnosis and treatment of injury, disease and other impairments or administers radiation treatments and monitor patients' conditions with training in medical technology, radiology,

(i) Environment Protection 2133 Officer

(ii) Ecologist 2133

(iii) Community Health 3253 promoters

(iv) Occupational Health 3257 and Safety Officer

(Inspector)

(1) (2) (3) (4)

(i) Psychologist 2634 (Except Clinical Psychologist covered under RCI for PWD)

(ii) Behavioural Analyst 2635

(iii) Integrated Behaviour Health 2635 Counsellor

(iv) Health Educator and 2635 Counsellors including Disease Counsellors,

Diabetes Educators,

Lactation Consultants

(v) Social workers including 2635 Clinical Social Worker, Psychiatric Social Worker, Medical Social Worker

(vi) Human Immunodeficiency 3259 Virus (HIV) Counsellors or Family Planning

Counsellors

(vii) Mental Health Support 3259 Workers

(i) Podiatrist 2269

(ii) Palliative Care 3259 Professionals

(iii) Movement Therapist 2269 (including Art, Dance and Movement Therapist or Recreational Therapist)

(i) Medical Physicist 2111

(ii) Nuclear Medicine 3211 Technologist

(iii) Radiology and Imaging 3211 Technologist [Diagnostic Medical Radiographer,

Magnetic Resonance

Imaging (MRI),

Computed Tomography

(CT), Mammographer,

Diagnostic Medical

Sonographers]

ec. 1] E ZET E F N IA ORDINARY

() (2) (3) (4)

in the upations y are ected to do, or y odifying the upation or the i ent to better support their occupational agement. he ccupational herapist can ractice n endently or as a part of a ulti-discipli ary d as a i um alifi ati n f a

baccalaureate degree.

7. ommunity Care, ehavioural Health Sciences and other Professionals mmunity are (i) vi ment r tecti n 33

ote: ary d mmunity are r fes ional _, Officer . is a rson ho vides health ucation, (ii) Ecologist 2133 fer al d up, se anagement, d (iii) Community Health 3253 basic preventive healthcare and e visiting __, promoters services to specific munit es at field level (iv) Occupational Health 3257 and vides port d i nce to and Safety Officer

n i i uals d ilies in vigating the ealth (Inspector) d cial ices d blish a fer al

t ork.

ehavioural ealth i nces r fes ional (i) — sychologist 34 ; . : cept li ical sychologist ered

ote: ehavioural ealth i nces r fes ional j,4e- RC] for PWD) is a person ho dertakes scientific study of (ii) Behavioural Analyst 2635 the emotions, haviours and biology relating to (iii) Integrated Behaviour Health 2635 a erson's ental el -being, eir ility to Counsellor

cti n in r day life d their ncept of (iv) Health Educator and 2635 self. ehavioural health" is the preferred term Counsellors including to ental ealth" d n des fessionals Disease Counsellors,

such as counsellors, analysts, ychologists, Diabetes Educators, educators and support workers, ho provide Lactation Consultants unselling, py d ediation rvices to (v) Social workers including 2635 i iduals, ilies, ups d munit es Clinical Social Worker,

in response to social and personal difficulties. Psychiatric Social Worker, edical ocial orker

(vi) uman mmunodeficiency 59 Virus IV) ounsellors or amily l ning

ounsellors

(vii) ental ealth pport 59 orkers

ther are r fes ionals (i) Podiatrist 2269

(ii) al iati e are 59 r fes ionals

(iii) ovement herapist 69 n i g Art, ance d

ovement herapist or ecreational herapist)

8. edical adiology, aging Therapeutic (i) + Medical Physicist 2111 nology r fes ional (ii) Nuclear Medicine 3211

chnologist

ote: edical aging d herapeutic (jji) adiology d aging 11 ui ment nology r fessionals n de

persons ho tests and operate radiographic,

a nd d t er edical maging i ent

to duce mages of dy structures for the

nosis d e ent of j ry, ase d

t er mpair ents or ministers iati n

e ents d onitor atients' nditions ith

g in edical e ology, i logy,

chnologist Di gnostic

edical adiographer,

agnetic esonance

aging RI),

omputed ography

T), am ographer,

iagnostic edical

ographers]

28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(1) (2) (3) (4)

sonography, mammography, nuclear medical technology, Magnetic Resource Imaging, Dosimetry or radiotherapy, under the supervision of a radiologist or other medical professional.

9. Medical Technologists and Physician Associate Biomedical and Medical Equipment Technol- ogy Professional

Physician Associate or Physician Assistant Note: Physician Associate or Physician Assist- ant is a person who performs basic clinical and administrative tasks to support patient care and is trained in a medical model such that he is qualified and competent to perform preventive, diagnostic and therapeutic services with physician supervision.

Cardio-vascular, Neuroscience and Pulmonary Technology Professional

Note: Cardio-vascular, Neuroscience and Pulmonary Technology Professionals include those persons who have studied and have thorough understanding of respiratory, neurological and circulatory system and also the ability to operate complex equipment related therein and includes professionals such as Perfusionist, Cardiovascular technologist, respiratory technologist and Sleep Lab Technologists.

Renal Technology Professional

Note: Renal Technology Professional is a person who deals with dialysis therapy process and technology to ensure an effective dialysis therapy to the patient and includes professionals such as Dialysis Therapy Technologists having baccalaureate degree who operate and maintain an artificial kidney machine, following approved methods.

10. Health Information Management and Health Informatic Professional

Note: Health and Information Management Professional is a person who develops, implements and assesses the health record processing, storage and retrieval systems in medical facilities and other health care settings to meet the legal, professional, ethical and

(iv) Radiotherapy Technologist 3211

(v) Dosimetrist 3211

(i) Biomedical Engineer 2149

(ii) Medical Equipment 3211 Technologist

Physician Associates 3256

(i) Cardiovascular 3259 Technologists

(ii) Perfusionist 3259

(iii) Respiratory Technologist

(iv) Electrocardiogram (ECG) 3259 Technologist or

Echocardiogram (ECHO)

Technologist

(v) Electroencephalogram 3259 (EEG) or Electro-

neurodiagnostic

(END) or

Electromyography (EMG) Technologists or Neuro Lab Technologists or Sleep Lab Technologists

Dialysis Therapy 3259 Technologists or

Urology

Technologists

(i) Health Information 3252 Management

Professional

(Including Medical

Records Analyst)

(ii) Health Information 3252 Management

Technologist

8 E ZET E F N IA ORDINARY Parr ]—

(1) (2) (3) (4)

10.

ography, ammography, nuclear edical nology, agnetic esource aging, osimetry or i therapy, der e ervision of a iologist or t er edical r fes ional.

edical chnologists d hysician s ociate i medical d edical ui ment echnol- y r fes ional

hysician s ociate or hysician s istant ote: hysician s ociate or hysician s ist- ant is a person ho r s basic clinical and ministrative ks to port atient re d is d in a edical odel ch that he is alifi d d petent to r ventive, nostic and peutic ices with

physician supervision.

ardio-vascular, euroscience d l onary nology r fes ional

ote: ardio-vascular, euroscience and l onary nology r fessionals n de those rsons ho ve studied and ve ugh derstanding f piratory,

neurological and circulatory system and also the ility to erate plex i ent t d

rein d des fessionals ch as

erfusionist, ardiovascular nologist, iratory nologist d l ep ab

chnologist .

enal nology r fes ional

ote: enal nology r fes ional is a r on ho deals with dialysis therapy process and ology to sure an effective dialysis y to the atient d n des fessionals ch as ialysis herapy chnologists ving ccalaureate gre ho erate d aintain an artificial ey achine, o ing r ved ethods.

ealth ation anagement d ealth

atic r fes ional

ote: ealth d ation anagement

r fes ional is a erson ho velops,

mplements d esses e ealth ord

ces ing, ge d t val s in

edical facilities d t er ealth re t gs to e t e al, r fes ional, ical d

(iv) adiotherapy chnologist 11

(v) osimetrist

(i) | i medical ngine r

(ii) edical qui ment

chnologist hysician s ociates (i)

(ii)

(iii)

(iv)

(v)

(i)

(it)

3256

ardiovascular 3259 chnologists

erfusionist

espiratory chnologist l E G) 59

chnologist or

chocardi r E O) chnologist

l oe l r

G) or lectro- urodiagnostic

D) or romyography E G) chnologists or euro ab chnologists or l ep ab chnologists

3259

ialysis herapy 59 chnologists or rology

chnologists

ealth ation 52 anagement

r fes ional

n ing edical ecords Analyst) ealth ation 52 anagement

nologist

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

administrative records-keeping requirements of health services delivery and processes, maintains, compiles and reports patient information for health requirements and standards in a manner consistent with the healthcare industry's numerical coding system.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

(iii) Clinical Coder 3252

(iv) Medical Secretary 3344 and Medical

Transcriptionist

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. MGIPMRND—1795GI—28-03-2021.

ec. 1] E ZET E F N IA ORDINARY

ministrative s eeping i ents of (iii) linical oder 52

health services delivery and processes, maintains, (iv) edical Secretary 3344 piles d orts atient n ation for d edical

ealth i ents d ards in a an er ranscriptionist

nsistent ith e althcare ustry's

merical ding t m.

R. RAYANA AJU,

cretary to the ovt. of India. ADED Y E ANAGER, ERNMENT F IA ES , I TO AD, W ELHI-1 0 2 ND LI HED Y E TROL ER F BLICATIONS, ELHI-1 0054. I RND—1795GI—28-03-2021.

Maharashtra act 014 of 2021 : The National Commission for Allied and Healthcare Professions Act, 2021

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