THE JAMMU AND KASHMIR PARAMEDICAL COUNCIL Act, 2014

 

 

THE JAMMU AND KASHMIR PARAMEDICAL COUNCIL 

Act, 2014 

(Act No. VII of 2014) 

[Received the assent of the Governor on 14th March, 2014 and 

published in the Government Gazette dated 14th March, 2014.] 

An Act to provide for establishment of Paramedical Council in the 

State and to regulate the practice by Paramedical Practitioners and 

institutions. 

Be it enacted by the Jammu and Kashmir State Legislature in the 

65th Year of the Republic of India as follows:___ 

1. Short title and commencement.––(1) This Act may be called the 

Jammu and Kashmir Paramedical Council Act, 2014. 

(2) It shall be deemed to have come into force with effect from 11th 

of November, 2013. 

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

requires,— 

(a) “Act” means the Jammu and Kashmir Paramedical  Council 
Act, 2014 ; 

(b) “Council” means the paramedical council established under 
section 3 of the Act ; 

(c) “Government” means Government of Jammu and Kashmir ; 
(d) “paramedical” means any person qualified in paramedical 

subject and who helps in teaching or practice of,–– 
(i) medicine within the meaning of clause (f) of section 

2 of the Indian Medical Council Act, 1956 (102 of 

1956) ; or 

(ii) medicine in Homeopathy within the meaning of 

clause (d) of section 2 of the Jammu and Kashmir 

Homeopathic Practitioners Act, 2003 (Act No. VIII of 

2003) ; or 

(iii) medicine in Ayurvedic System and Unani System 

within the meaning of clauses (2) and (3) 

respectively of section 2 of the Jammu and  

Kashmir Ayurvedic and Unani Practitioners Act,1959 

(Act No. XXVI of 1959) ; 

(e) “para-clinical establishment” means a place catering to 

pathological, bacteriological, genetic, radiological, biological 

investigations or other diagnostic services with the aid and 

assistance of devices and equipments established as an 



 

 

independent entity or part of an establishment such as a 

hospital, nursing home, polyclinic, sanatorium, maternity 

home, immunization or vaccination clinics, dispensary, 

special camps where physically or mentally sick, infirm, 

injured or disabled person is admitted as a person for 

treatment, observation  care or examined as outpatient; 

(f)  “paramedical institution” means any  recognised  Institution 

within or outside India which grants Degrees, Diplomas, 

Certificates  or license in paramedical; 

(g) “paramedical qualification” means the qualification relating  

the paramedical education mentioned in the schedule 

appended to the Act; 

(h) “prescribed” means prescribed by rules made under the Act; 

(i) “President” means the President of the Council; 

(j) “recognised institution” means a Hospital, Health Centre  

or other such institution recognised by the Paramedical 

Council as an Institution in which the person may undergo a 

training, if any, required by his course of study before the 

award of any para-medical qualification to him; 

(k) “recognised paramedical qualifications” means a 

Degree/Diploma or certificate conferred by any paramedical 

Institution  established by law or any other Institution 

recognised by the Government in this behalf; 

(l) “registered Medical practitioner” means a person registered 

as such under section 38 of the Act; 

(m) “Registrar” means the Registrar appointed by the Council 

under section 32 of the Act; 

(n) “regulation” means regulations made under section 54 of 

the Act; 

(o) “rules” means the rules made under the Act; 

(p) “schedule” means  schedule appended to the Act; 

(q) “State” means the State of Jammu and Kashmir; and 

(r) “state register” means the register maintained under the Act 

and expression ‘registered’ and ‘registration’ shall be 

construed accordingly. 

3. Establishment of Paramedical Council.–– (1) The Government 

shall, as soon as may be, establish, by notification published in the 

Government Gazette, a Council with effect from such date as may be 

specified therein. 

(2) The Council shall be a body corporate by the name of “the Jammu 

and Kashmir Paramedical Council”, and shall have perpetual 

succession and a common seal, with power to acquire, hold and dispose 

of property and to contract and to do all other things necessary for the 

purpose of the Act and may by the said name sue and be sued. 

4. Constitution of Council.–– (1) The Council shall consist of the 



 

 

following Members, namely:–– 

(i) Ex-0fficio Members: 

(a) Principal, Government 
Medical Colleges 
Srinagar/Jammu 

President on rotational basis for a period 

of two years. The first President shall 

be the Senior-most Principal of 

Government Medical College, 

Srinagar/ Jammu and the other 

Principal shall act as Vice- President. 

(b) Mission Director, 
(NRHM ) 

(Member) 

(c) Principal, Nursing 
College, SKIMS, 
Srinagar   

(Member) 

(d) Principal AMT School, 
Jammu/Srinagar 

(Members) 

(e) Director Health Services 
Jammu/Kashmir and 
Directorate ISM, J&K 

(Members) 

(f) Head of the concerned 
discipline of Indira 
Gandhi Government 
Dental College, Jammu 
and Government Dental 
College, Srinagar  

(Members) 

(ii) Non-Official Members: 

Two representatives of registered Medical Practitioners one each from 

Kashmir and Jammu Division. 

The non-official Members shall be elected to the Council by the 

registered paramedical institutions/Para clinical establishments from 

amongst themselves in such a manner as may be prescribed by 

regulations: 
 

Provided that in case of first constitution of the Council in the State 

after the commencement of the Act, the non- official members shall 

be nominated by the Government till the assumption of office by 

the elected Members. 

 

(2) Registrar shall be the Secretary of the Council.  

(3) No person shall at the same time serve as a member in more 

than one capacity. 

5. Disqualifications for Membership.––A person shall be 

disqualified for being a non-official member, if,–– 



 

 

(a) he is not a permanent resident of the State ; or 
(b) he is adjudged an insolvent ; or 
(c) he is of an unsound mind and is declared so by a 

competent Court ; or 

(d) he has been sentenced for an offence involving moral 

turpitude ; or 

(e) he is an employee of the Council and is paid salary or 

honorarium ; or 

(f) his name has been removed from the State Register 

or from the register of registered medical or 

paramedical  practitioners  maintained under any Act 

for the time being  in force. 

6. Term of office of the non-official Members of the Council.––(1) 

Save as otherwise provided in the Act, non- official members shall hold 

office for a term of two years from the date of first meeting of the Council. 

 (2) Notwithstanding the expiration of the term specified under sub-

section (1), an outgoing member shall continue to be in office until a new 

member is nominated or elected, as the case may be and assumes office. 

           7. Resignation by non-official Member.–– (1) Any non-official 

member of the Council may resign from the office by writing a letter in this 

regard to the President of the Council. 

            (2) The resignation shall take effect from the date it is accepted by 

the President. 

          8. Disabilities for continuing as Member of the Council.–– (1) If any 

non-official member of the Council during the period of his office,–– 

(a) absents himself from three consecutive meetings of the 

Council without the permission of the Council; or 

(b) remains abroad for a period exceeding one year; or 

(c) attracts any disqualification as specified in section 5; 

or 

(d) ceases to be a registered medical practitioner under 

any law for the time being in force in the State, 

                   the Council may declare his office as vacant: 
Provided that the member shall be given an opportunity of 

being heard before his post is declared vacant. 

           (2) Any non-official member aggrieved by declaration under sub-

section (1) may prefer an appeal to the Government within ninety days 

from the date of such declaration and the decision of the Government 

thereon shall be final. 

9. Filling of causal vacancies.–– If a non-official member dies or 

resigns or otherwise ceases to be a member, the vacancy shall be filled 

as soon as may be, by election and the person so elected shall hold 

office for the remainder of the term of office of the member in whose 

place he becomes a member. 
10. Meetings of the Council.–– (1) The Council shall meet on such 



 

 

time, date and place, as the President may fix in this behalf. 

(2) The President may, whenever he thinks fit, call a special 

meeting, and shall be bound to do so within two weeks of the receipt 

of written requisition, signed by not less than eight members of the 

Council. 

(3) The notice of every meeting specifying the time and place 

thereof and the business to be transacted thereof, shall be dispatched to 

every member at least fifteen days before an ordinary meeting and seven 

days before a special meeting. 

(4) No business other than as specified in the notice shall be 

transacted at a meeting except with the permission of the Chair. 

(5) Every meeting shall be presided over by the President and in his 

absence by the vice-President, and in the absence of both by any other 

member chosen by majority of the members present. 

          (6) Any meeting of the Council may, with the consent of majority 

of the members of the Council present, be adjourned from time to time to 

a later hour on the same day or to any other date, but no business other 

than left over business at the adjourned meeting shall be transacted 

at such meeting. A notice of adjournment pasted in the office of the 

Council or at the place of meeting, on the date on which the meeting is 

adjourned, shall be deemed sufficient notice of the next ensuing meeting. 

          (7) The quorum for the meeting of the Council shall be one-third of 

the total number of members of the Council. 

          (8) If at any time in a meeting, there is no quorum, the presiding 

authority shall adjourn it to such time or date as it thinks fit and the 

business set down for the meeting shall be transacted at the 

subsequent meeting, whether at such meeting there is a quorum or not. 

(9) No business other than the business fixed for the meeting, 

shall be transacted at such subsequent meeting. 

(10) A notice of adjournment shall be affixed in the office of the 

Council or at the place of meeting, on the day on which the meeting is 

adjourned. 

          11. Decision by majority of votes.–– (1) Save as otherwise provided 

in the Act, all questions brought before any meeting of the Council, shall 

be decided by a majority of votes of the members present and in case 

of a tie, the presiding authority at the meeting shall have a second or 

casting vote. 

         12. Minutes of proceedings.–– (1) The minutes of proceedings of each 

meeting of the Council shall be recorded in a book to be kept for the 

purpose and the names of members of the Council present thereat shall 

be entered in the minute book and shall be signed in after confirmation 

by the presiding authority in the same or next meeting. 

       (2) A copy of the minutes of proceedings of each meeting of the 

Council shall be forwarded to the Government within ten days from the 

date of confirmation. 



 

 

        13. Vacancies etc. not to invalidate proceedings.–– No act or 

proceedings of the Council shall be invalid merely by reason of,–– 

(a) any vacancy thereon or any defect in the constitution 

thereof; or 

(b) any defect in the election or nomination of a person 

as a member thereof; or 

(c) any irregularity in its procedure not affecting merits of 

the case. 

       14. Proceedings of meeting to be valid.–– Unless the contrary is 

proved, every meeting of the Council shall be deemed to have been duly 
convened when the minutes of the meeting have been signed in 
accordance with the provisions of the Act. 
     15. Allowances of the non-official members of the Council.–– The 

non-official members of the Council shall receive such travelling and 

other allowances, as may be prescribed. 

    16. Power of Council to invite any person having knowledge or 

experience in para-medicine.–– (1) The Council may, if it thinks necessary, 

invite any person having special knowledge or experience in para-

medicine to its meeting, to hear his views on the subject and such 

person shall have a right to take part in the discussion on the subject but 

shall not have the right to vote in the meeting(s) of the Council. 

      (2) The invitee shall be entitled to receive such allowances as are 

admissible to the non-official member of the Council. 

    17. Appointment of Committee.–– (1) The Council may appoint, 

from time to time and for such period, a committee consisting of such 

number of its members, as it think fit and may refer to such committee 

for enquiry and report or opinion any matter under the Act. 

       (2) The committee appointed under sub-section (1) shall at its first 
meeting elect one of its members to be its Chairman. 
       (3) The mode of appointment of such committee, the summoning and 
holding of meetings and the conduct of business of such committee 
shall be such as may be prescribed by regulations. 
        18. Powers and functions of the Council.–– (1) Subject to the 

provisions of the Act and as may be prescribed, the Council shall exercise 

such powers and perform such functions as may be necessary for 

carrying out the purposes of the Act. 

(2) In particular and without prejudice to the generality of the 

foregoing provisions, the powers and functions of the Council shall be,– 

(a) to maintain the State Register of para-medical 

practitioners; 

(b) to hear and decide appeals from the decision of the 

Registrar in such manner, as may be prescribed by 

regulations; 

(c) to prescribe by regulations, a code of ethics for 

regulating the professional conduct of registered para-

medical practitioners; 



 

 

(d) to reprimand a registered para-medical practitioner; or 

to suspend or remove the name from the State 

Register or to take such other disciplinary action 

against him, as may, in the opinion of the Council, be 

necessary or expedient; 

(e) to permit any member to be absent from three 

consecutive meetings of the Council; 

(f) to promote innovations, research and development in 

establishment of new para-medical subjects; 

(g) to formulate schemes for promoting para- medical 

education; 

(h) to promote an effective link between para- medical  

education,  Medical Education and Ayurvedic System of 

Medicine and to promote research and development in 

these subjects; 

(i) to lay down norms and standards for courses, curricula, 

physical and instructional facilities, staff pattern, staff 

qualification, quality instructions, assignment, 

examination and continuing medical education; 

(j) to fix norms and guidelines for charging tuition and 

other fees; 

(k) to advise the Government in respect of grant of charter 

to any para-medical body or institutions in the field of 

education; 

(l) to provide guidelines for admission of students of para-

medical institutions and Universities imparting para-

medical education; 

(m)to inspect or cause to be inspected any para- medical 

institution; 

(n) to constitute or authorise a Board for conducting the 

examination and to maintain uniformity of standards ; 

(o) to register para-clinical establishments; 

(p) to prescribe minimum standards for the establishment of 

para-clinical establishments; 

(q) to perform such other functions, as may be prescribed; 

and/or to conduct the election of non-official members 

of the Council. 

19. Permission for admission or establishment of new para-medical 

institution.––(1) Notwithstanding anything contained in the Act no person 

shall establish a para-medical institution and no para-medical institution 

shall,–– 

(a) open a new or higher course of study or training which 

would  enable a student of such course or training to 

qualify himself for the award of any recognised para-

medical qualification; or 



 

 

(b) increase its admission capacity in any course of study 

or training, except with the previous permission of the  

Government obtained in accordance with the provisions 

of this section. 

Explanation:––For the purposes of this section, the expression ‘person’ 

includes any University or a trust but doesn’t include the 

Government. 

(2) Every person or para-medical Institution shall, for the purpose 

of obtaining permission under sub-section (1) submit to the Council a 

scheme in accordance with the provisions of sub-section (3). 

(3) The schemes referred to in sub-section (2) shall be in such 

form, contain such particulars, preferred in such manner and 

accompanied with such  fee as may be prescribed. 

(4) On receipt of a scheme by the Council under sub- section (2), 

the Council may obtain such other particulars as may be considered 

necessary by it from the person or the para-medical institution 

concerned and thereafter, it may,–– 

(a) if the scheme is defective and doesn’t contain any 

necessary particulars, give a reasonable opportunity to 

the person or institution concerned for making a written 

representation and it shall be open to such person or 

para-medical institution to  rectify the defects, if any, 

specified by the Council; and 

(b) consider the scheme, having regard to the factors referred 

to in sub-section (8) and submit the  scheme together with 

its recommendation(s) thereon to the Government. 

(5) The Government may, after considering the scheme and 

the recommendation(s) of the Council under sub-section (4) and after 

obtaining, wherever necessary, such other particulars as may be 

considered necessary by it from the person or institution concerned, and 

having regard to the factor referred to in sub-section (1), either approve 

such conditions, if any, as it may consider necessary or disapprove the 

scheme and any such approval shall be a permission under sub-section 

(1): 

Provided that no scheme shall be disapproved by the Government 

except after giving the person or institution concerned a reasonable 

opportunity of being heard: 

Provided further that nothing in this sub-section shall prevent any 

person or para-medical institution whose scheme has not been 

approved by the Government to submit a fresh scheme and the 

provisions of this section shall apply to such scheme as if such scheme 

has been submitted for the first time under sub-section (2). 

(6) The Government shall, within a period of three months from 

the date of receipt of the scheme from the Council, pass an order either 

to approve or disapprove the scheme with grounds specified therein. 



 

 

          (7) The Council, while making its recommendation(s)under clause 
(b) of sub-section (4) and the Government while passing an order either 
approving or disapproving the scheme under sub-section (5) shall have 
due regard to the following factors, namely:– 

(a) whether the proposed para-medical institution or the existing 

para-medical institution seeking to open a new or higher 

course of study or training, shall be in a position to offer the 

minimum standards of para-medical education as 

prescribed by the Council under section 26 of the Act; 

(b) whether the person seeking to establish a para- medical 

institution or the existing para-medical institution seeking to 

open a new or higher course of study or training or to 

increase its admission capacity has adequate financial 

resources; 

(c) whether necessary facilities in respect of the staff, 

equipment, training or other facilities to ensure proper 

functioning of the para-medical institution or conducting the 

new course of study or training or accommodating the 

increased admission  capacity have been provided or 

would be provided within the time limit specified in the 

scheme; 

(d) whether adequate hospital facilities having regard to the 

number of students likely to attend such para-medical  

institution, or course of study or training or as a result of the 

increased admission  capacity have been provided or shall 

be provided within the time limit specified in the scheme; 

(e) whether any arrangement has been made or programme 

drawn to impart proper training to students likely to attend 

such para-medical institution or course of study or training 

by persons having the recognised para-medical 

qualifications; 

(f) the requirement of manpower in the field of practice of 

medicine; and 

(g) any other factor(s) as may be prescribed. 

(8) Where the Government passes an order either approving 

or disapproving the Scheme under sub-section (5), it shall communicate 

a copy of the order to the person or para-medical institution concerned, 

as the case may be. 

20. Non-recognition of para-medical qualification in certain 

cases.–– Where any para-medical institution is established or any para-

medical institution opens a new or higher course of study or increases its 

admission capacity without the previous permission of the Government in 

contravention of the provisions of the Act, para-medical qualification so 

given to any student by such para-medical institution, shall not be 

recognised as para-medical qualification for the purpose of the Act. 



 

 

21. Time for seeking permission for certain existing paramedical 

institutions.–– Any person who has already established or is running a 

paramedical institution or any paramedical institution has opened a new 

or higher course of study or training or increases the admission 

capacity, such person or paramedical institution, as the case may be, shall 

seek within a period of one year from the commencement of the Act, the 

permission of the Government under the provisions of the Act. 

22. Recognition of paramedical qualifications granted by 

certain paramedical institutions whose qualifications are not included in 

the Schedule.–– Any para-medical institution in India, which desires a 

para-medical qualification granted by it to be included in the Schedule, 

may apply to the Government with such application fee as may be 

prescribed to have such qualification recognised and the Government, 

after consulting the Council, may by notification in the Government 

Gazette, amend the Schedule so as to include such qualification therein, 

and any such notification may also direct that an entry shall be made in 

the last column of the Schedule against such para-medical qualification 

declaring that it shall be a recognised para-medical qualification only 

when granted after specified date. 

23. Power to require information as to courses of study and 

examinations.––Every University or para-medical institution in India which 

grants a recognised para-medical qualification, shall furnish such 

information as the Council may, from time to time, require as to the courses 

of study and examinations to be undergone in order to obtain such 

qualification as to the age at which such courses of study and 

examinations are required to be undergone and such qualifications 

conferred and generally as to the requisite fee for obtaining such 

qualification. 

24. Inspection of paramedical institution.–– The Council shall 

cause all paramedical institutions to be inspected as and when deemed 

necessary. 

         25. Withdrawal of recognition.––(1) If it appears to the Council,–– 

(a) that the courses of study and examination to be 

undergone in or the proficiency required from 

candidates at any examination held by any University 

or para-medical institution do not conform to the 

standards prescribed by regulations by the Council; or 

(b) that the staff, equipments, accommodation, training 

and other facilities for instruction and training provided 

in such University or para- medical institution or in any 

college or other institution affiliated to that University 

do not conform to the standards prescribed by 

regulations by the Council, the Council shall take action 

for the withdrawal of recognition. 

           (2) Before withdrawal of recognition, the Council shall issue a 



 

 

show cause notice to the para-medical institution or University specifying 

the period within which the reply shall be submitted. 

           (3) On receipt of the reply or where no reply is submitted within the 

period specified in the show cause notice then on expiry of that period 

the Council shall take decision in the matter. 
          26. Minimum standards of para-medical education.–– The Council 

may prescribe by regulations the minimum standards of paramedical 
education required for granting recognised para-medical  qualifications 
(other than post- graduate para-medical qualification) by the para-
medical institution(s) in India. 

27. Registration of para-medical establishments.–– No person 

shall open, keep or carry on a para-clinical establishment without being 

registered as such under the Act and except in accordance with the 

terms of registration granted under the Act: 

Provided that nothing in this section shall apply to a para-clinical 

establishment which is in existence on the date of commencement of the 

Act, for a period of six months from such date or where an application is 

made within that period in accordance with provisions of section 28 of 

the Act, till such time as, the application is disposed of. 

28. Application for registration.–– (1) Every person intending to 

carry on a para-clinical establishment shall make an application to the 

Council for registration of the clinical establishment within a period of three 

months from the date of commencement of the Act. 

(2) Every application for registration of para-clinical establishment 

under sub-section (1) or for renewal of the registration under sub-

section (6) shall contain such particulars and shall be accompanied by 

such fees, as may be prescribed by regulations. 

          (3) The Council, if satisfied that the applicant and the para-

clinical establishment fulfils such terms and conditions as may be 

prescribed, shall register the applicant and such para-clinical 

establishment and shall grant him in relation to the para-clinical 

establishment a certificate of registration in such form as may be 

prescribed within a specified period. 

          (4) The Council may reject an application if it is satisfied that the 

applicant or the para-clinical establishment does not fulfil the conditions 

prescribed under sub-section (3) and in every case where the application 

is rejected, reasons therefore shall be recorded in writing. 

         (5) A certificate of registration issued under this section, subject to 

the provisions of section 29 of the Act shall be in force and shall be valid 

for a period of five years from the date on which it is granted under sub-

section (3) unless cancelled earlier as per provisions of the Act. 

        (6) An application for renewal of a registration shall be made within 

a period of six months before the expiry of validity of registration 

certificate issued under sub-section (3). 

         29. Cancellation of registration.–– At any time after a para-clinical 



 

 

establishment is registered under section 28 of the Act, the Council may 
cancel such registration if it is satisfied,–– 

(a) that the terms and conditions of registration are not 

being complied with ; or 

(b) that the person in whose name the para-clinical 

establishment is registered has been convicted of an 

offence punishable under the Act; or 

(c) that any other person including a juristic person who 

has  been  convicted of an offence under the Act is 

associated with another juristic person or other para-

clinical establishment. 

         30. Minimum standards of para-clinical establishment.–– (1) Every 

para-clinical establishment shall have such minimum standards of 

buildings, space, facility, equipment and manpower as are prescribed by 

the Council by regulations. 

         (2) Every para-clinical establishment shall maintain and keep 

records of all persons attended or admitted or treated in the manner 

prescribed and such records or extracts thereof shall be made available 

to the Council or the authorised technical officer of the Government not 

below the rank of the Chief Medical Officer on demand.  

         (3) On demand an authenticated copy of the record of admission, 

consultation, tests, diagnosis and treatment shall be made available by 

the clinical establishment to the patient or any of his family members or 

any other person specifically authorised by the patient to this effect. 

        31. Inspection of para-clinical establishment.–– (1) The Council or 

any authorised technical officer of the Government, not below the rank of 

a Chief Medical Officer, subject to general or special order as may be 

made by the Government, enter and inspect any premises which are used 

or for which the Council, or the officer of the Government so authorised 

has reasonable cause to believe that these are being used for the purpose 

of para-clinical establishment. 

     (2) If the Council or the officer authorised under sub- section (1) has any 

reason to believe that any article or class of articles or any records are 

liable to be seized for the contravention of the provisions of the Act, he 

may seize any article or record which in his opinion is useful or relevant 

for initiating any proceeding under the Act and give receipt for articles 

or records so seized. 

    (3) The provision of the Code of Criminal Procedure, Samvat 1989 

relating to searches and seizures shall, as far as may be appropriate, 

apply to such every search or seizure made under the Act. 

        32. Registrar and other officers and servants of the Council.– (1) 

The Council shall, with the prior approval of the Government, appoint 

a Registrar who shall act as Secretary of the Council. 

      (2) The Council may, with the prior approval of the Government, 

employ such other officers and servants as it may deem necessary for 



 

 

carrying out the provisions of the Act. 

    (3) The qualifications, conditions of service and pay scales of the 

Registrar and other officers and servants shall be such as the Council 

may determine by regulations, with the prior approval of the 

Government. 

         (4) The Registrar or any other officer or servant appointed by the 

Council under this section shall be deemed to be a public servant within 

the meaning of section 21 of the State Ranbir Penal Code. 

             33. Duties of Registrar.–– (1) It shall be the duty of the Registrar 

to keep and maintain the State Register in accordance with the 

provisions of the Act and any order made by the Council to revise it from 

time to time in such manner as may be prescribed by regulations, to 

publish it in the Government Gazette and to discharge such other functions 

as are or may be required to be discharged by him under the Act and 

the rules and  regulations made thereunder. 

         (2) It shall be the duty of the Registrar to ensure that the State 
Register is as far as possible correct at all times and may from time to 
time enter therein any material alteration in the address or qualifications of 
the registered para- medical practitioners. 

          (3) The Registrar may remove from the State Register the name of 

the registered paramedical practitioner who dies or whose name is 

directed by the Council to be removed from the State Register or who 

ceases to be the registered paramedical practitioner. 

          (4) On an application made by the registered para- medical 

practitioner, if the Council is satisfied that the such practitioner has not 

ceased to practise, then the Council may direct the Registrar to restore 

the name of such practitioner in the State Register and the Registrar shall 

comply with such directions. 

34. Funds of Council.––The Council shall establish a fund to be 

called the ‘Fund of the Council’ to which shall be credited,–– 

(a) any contribution or grant by Centre or the Government ; 

(b) the income of the Council from all sources including 

income from fees and fines ; 

(c) the trust, donations, endowment and other grants, 

if any ; and 

(d) all other sums as may be received by     the Council. 

            35. Objects to which fund of the Council shall be applied.– The 

fund of the Council shall be applied,–– 

(a) to the repayments of debts incurred by the Council 

for the purpose of the Act and the rules and regulations 

made thereunder; 

(b) to the expenses of any suit or legal proceedings to 

which the Council is a party; 

(c) to the payment of salaries and allowances to the 

officers and servants of the Council; 



 

 

(d) to the payment of allowances to the office bearers of the 

Council; 

(e) to the payment of any expenses incurred by the 

Council in carrying out the provisions of the Act and 

the rules and  regulations made thereunder; and 

(f) to any other expenses incurred for the promotion and 

development of paramedical education, research and  

training, declared by the Council to be in the general 

interest of para-medical profession. 

36. Accounts and Audit.–– (1) The accounts of the Council shall 

be prepared before such date and at such intervals and in such manner, 

as may be prescribed by regulations. 

(2) The accounts of the Council shall be audited by a registered 

chartered accountant. 

(3) The audit fee of the chartered accountant shall be such, as 

may be fixed by the Council, by regulations. 

(4) As soon as the accounts of the Council are audited, the 

Council shall send a copy thereof, to the Government, in such manner, as 

may be prescribed by regulations. 

37. Budget.–– (1)The Registrar shall cause to be prepared in such 

form as may be prescribed by regulations, a budget for the financial year, 

showing the estimated receipts and expenditure and shall cause it to 

be laid before the Council at such time, in such manner, as may be 

prescribed by regulations. 

         (2) Within fifteen days from the date of meeting in which the budget 

is passed, it shall be forwarded to the Government. 

          (3) If the Government is of the opinion that provisions of the 

budget so forwarded to it are not adequate for carrying out the purposes 

of the Act, it shall return the budget to the Council for such modification 

as may be suggested by the Government. 

         (4) The Council shall be competent to re-appropriate such amount 

as may be necessary from one head to another head and minor heads. 

       (5) The Council may, as and when required, pass a supplementary 
budget in such form as may be prescribed by regulations and the 
provisions of sub-sections (2), (3) and (4) shall apply to such 
supplementary budget. 
       38. Registration renewal and State Register.–– (1) No person shall be 

registered on the State Register as para- medical practitioner unless he 

possesses a recognised qualification and has not paid such fee, as may 

be prescribed and different fee may be prescribed for different 

qualifications. 

        (2) The Council shall cause to be maintained a State Register of 

paramedical practitioners in such form, as may be prescribed by 

regulations. 

       (3) The Register shall be deemed to be public document within the 



 

 

meaning of Evidence Act, Samvat 1977. 

       (4) Every registered paramedical practitioner registered under sub-

section (1) shall renew his registration after every three years on 

payment of such fee as may be prescribed. 

         39. Prohibition of collection of capitation fee, donation etc.–– No 

person or paramedical institution who is in charge of, or is responsible 

for the management of any para- medical institution, shall,–– 

(a) accept, either directly or indirectly, any donation, gift or 

other payment (by whatever name called), whether in 

cash or in  kind, or any amount by way of capitation 

fee ; or 

(b) receive any fee or amount in excess of scale of fees 

presented by the Council. 

         40. Power of Council to prohibit entry to or to order removal from 

State Register.––The Council may, upon a reference from the Registrar 

or otherwise, by order, prohibit the entry in, or order, the removal from the 

State Register, the name of any person,–– 

(a) who has been sentenced by a criminal court to 

imprisonment for an offence which involves moral 

turpitude; or 

(b) whom the Council, after enquiry, has found guilty of 

professional misconduct by passing a resolution of 

majority of  two third of the members of the Council 

present and voting at the meeting: 

 Provided that no order shall be passed under this section without 

giving a reasonable opportunity of being heard to the person 

concerned. 

          41. Alteration of State Register.–– (1) The Council may, after 

giving the person concerned a reasonable opportunity of being heard, 

order that any entry in the State Register which in the opinion of the 

Council, has been fraudulently or incorrectly made or brought, be 

cancelled or amended. 

          (2) The Council may direct the removal forever, or for a specified 

period from the State Register, of the name of any registered 

paramedical practitioner on the grounds for which registration may be 

prohibited by the Council under section 40 of the Act. 

        (3) The Council may direct that the name removed under sub-

section (2) shall be restored subject to such condition, if any, which the 

Council may deem fit to impose. 

         42. Procedure in inquires.–– For the purpose of any inquiry under 

the provisions of the Act, the Council or any committee appointed under 

sub-section (1) of section 17 shall be deemed to be a court within the 

meaning of the Evidence Act, Samvat 1977 and the Code of Civil 

Procedure, Samvat 1977 and shall exercise all powers of a 

Commissioner appointed under the Public Servants (Inquiries) Act, 



 

 

Samvat 1977 and such inquiries shall be conducted, as far as may be, 

in accordance with the provisions of section 5 and sections 8 to 20 of 

the Public Servants (Inquiries) Act, Samvat 1977. 

        43. Appeal against the order of the Council.–– Any person,–– 

(a) whose application for registration in the State Register 

is rejected under section 38 or 41 of this Act; or 

(b) whose entry in the State register is prohibited under 

section 40 of the Act; or 

(c) whose name, from the State Register is removed, 

may, within ninety days of the order of rejection, 

prohibition or removal, as the case may be, appeal to 

the Government in Health and Medical Education 

Department and the decision of the Government 

thereon shall be final. 
44. Prohibition on practice except as provided in the Act..––(1) Save 

as otherwise provided in the Act, no person shall practise or hold himself 

out, whether directly, as practising habitually for personal gain as a 

paramedical practitioner within the State. 

          (2) Any person who contravenes the provisions of sub-section 

(1) shall be punishable with imprisonment which may extend to six 

months, or with fine which may extend to five thousand rupees or with 

both. 

         45. Prohibition of awarding degree in certain cases.–– (1) Where the 
Council on its own motion or on any representation received or otherwise 
is satisfied that any person or paramedical institution has contravened all 
or any of the provisions of the Act or the rules or regulations made or 
orders issued thereunder, it may, with the previous approval of the 
Government, and subject to such conditions as it may thinks fit,–– 

(a) in the case of the first contravention, prohibit the 

paramedical  institution concerned from presenting 

such students in relation to which the contravention 

has been made to any University or medical 

institution for taking any examination which  would 

enable such students to qualify themselves for the 

award of any recognised medical qualification ; and 

(b) in the case of any second or subsequent 

contravention take such action under the Act as it may 

consider necessary including action to prohibit the 

paramedical institution concerned from making any 

further admission of students: 

Provided that no such order shall be passed by the Council 

unless the paramedical institution and the students concerned have been 

given a reasonable opportunity of being heard. 

(2) A copy of any order passed by the Council under sub-section (1), 

shall be communicated to the paramedical institution and the student 



 

 

concerned and a copy thereof shall simultaneously be forwarded to the 

University or para- medical institution concerned. 

          (3) Notwithstanding anything contained in any other law for the time 

being in force, an order passed by the Council under sub-section (1) and 

communicated to the University or paramedical institution under sub-

section (2) shall be final and binding on the said University or paramedical 

institution. 

          (4) Any paramedical qualification granted to any student of such 

paramedical institution on the basis of any examination or other test 

held after the date of communication of the order to the University or 

paramedical institution under sub-section (2) shall cease to be a 

recognised paramedical qualification in relation to such student for the 

purposes of the Act. 

         (5) Where an order has been passed by the Council under sub-

section (1) in relation to any paramedical institution, the Government may 

on its own motion or on any representation received by it, if it is of the 

opinion that it is necessary or expedient so to do in the interest of the 

students of such paramedical institution, take such steps as may be 

considered necessary to safeguard the interest of students studying in 

such paramedical institutions. 

46. Offences and penalties.–– (1) Notwithstanding anything 

contained in the Act or any other law for the time being in force, any 

paramedical institution established or courses started or increases the 

admission capacity without prior permission of the Government as 

required under section 19 of the Act, shall not be regularised by any 

authority whatsoever including the Government. 

(2) Whoever contravenes the provisions of sub-section (1) shall 

not be eligible for any permission under section 19 of the Act and this 

disqualification shall remain in force for a period of five years from the 

date on which the violation of section 19 of the Act is established. 

(3) In case any approved or recognised paramedical institution 

starts a course and admits students without the prior permission of the 

Government, the approved admission capacity of such institution in all its 

approved courses shall be reduced by twenty-five percent and such 

institution shall not be allowed to admit any student against the 

management or Non Resident Indian quota in the next academic year. 

          47. Penalty for contravention of sections 19, 20, 21,27 or 39.– (1) 

Whoever contravenes the provisions of sections 19, 20, 21, 27 or 39 of the 
Act  shall without prejudice to the provisions of section 45 of the Act be 
punishable with imprisonment for a term which shall not be less than 
three years but which may extend to seven years and with fine which may 
extend to five lacs rupees but shall not be less than fifty thousand rupees. 
        (2) Where a conviction is made under sub-section (1), the Court 

may in addition to awarding any punishment under that sub-section, by 

order in writing, require the para- medical institution or any other person 



 

 

convicted to refund the money so collected in excess to the person from 

whom it was collected within such period as may be specified in the order. 

       48. Offences by companies.–– (1) Where an offence under the Act 

has been committed by a company, every person who at the time the 

offence was committed was in charge of and was responsible to the 

company for the conduct of the business of the company as well as the 

company shall be deemed to be guilty of the offence and shall be liable 

to be proceeded against and punished accordingly: 

        Provided that nothing contained in this sub-section shall render any 

such person liable to any punishment if he proves that the offence was 

committed without his knowledge or that he had exercised all due 

diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where 

any offence under the Act has been committed by a company and it is 

proved that the offence has been committed with the consent or 

connivance of, or is attributable to any neglect on the part of any director, 

manager, secretary or other officer of the company, as the case may be, 

such director, secretary or other officer shall also be deemed to be guilty 

of that offence and shall be liable to be proceeded against and punished 

accordingly. 

         Explanation.––For the purpose of this section,–– 
(a) “company” means any body corporate and includes a 

firm, institution, a society, a trust or other association 

of individuals; and 

(b) “Director” in relation to a firm means partner in the firm. 

       49. Punishment for dishonest use of certificate.–– Any person 

who,–– 

(a) dishonestly makes use of any certificate of registration 

granted under the Act; or 

(b) procures or attempts to procure registration under the 
provisions of the Act by making or producing or causing 
to be made or produced any false or fraudulent 
declaration, certificate or representation whether in 
writing or otherwise; or 

(c) wilfully makes or cause to be made any false 

representation in any matter relating to the certificate of 

registration issued under the pro- visions of the Act, shall 

on conviction, be punished with imprisonment which may 

extend to six months or with fine which may extend to 

twenty thousand rupees but shall not be less than five 

thousand rupees or with both. 

        50. Information to be furnished by the Council.–– The Council 

shall furnish such reports, copies of minutes, abstracts of accounts and 

other information to the Government, as it may require. 

51. Cognizance of offence.–– (1) No court shall take cognizance 



 

 

of an offence punishable under the Act except upon a complaint, in 

writing, made by the Registrar or any other officer authorised by the 

Council in this behalf, by a general or special order. 

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

52. Control by Government.–– If at any time it appears to the 
Government that the Council has failed to exercise or has exceeded or 
abused any of the powers conferred, or has failed to perform any of the 
duties imposed, upon it by or under the Act, the Government may, if it 
considers such failure, excess or abuse to be of a serious character, notify 
the particulars thereof to the Council, requiring it to remedy such failure, 
excess or abuse within such period as may be specified in the notice and 
if the Council fails to remedy such failure, excess or abuse within 
specified period, the Government may dissolve the Council and cause all 
or any of the powers and duties of the Council to be exercised and 
performed by any other officer authorised by it in this behalf, by order for 
such period not exceeding six months and shall take steps to bring in to 
existence a new Council. 

53. Power to make rules.–– The Government may, by notification 

in the Government Gazette and after previous publication, make rules for 

carrying out the purposes of the Act. 

54. Power to make regulations.–– (1) The Council may, with the 

previous approval of the Government make regulations, not inconsistent 

with the provisions of the Act, and the rules, for any of the following 

matters, namely:–– 

(a) the management of the property of the Council and the 

maintenance and audit of its account; 

(b) the manner of election of members of the Council; 

(c) the powers and duties of the President and Vice-

President; 

(c) the mode of appointment of committees, the summoning 

and holding of meetings and the conduct of business of 

such committees; 

(d) the travelling and other allowances payable to the non-

official members of the Council; 

(e) the manner to hear and decide appeals from the 

decision of the Registrar under clause (b) of sub-section 

(2) of section 18 of the Act; 

(f) the code of ethics for regulating the professional 

conduct under clause (c) of sub-section (2) of section 18 

of the Act; 

(g) the qualifications, the conditions of service and pay 

scales of the Registrar and other officers and servants 

under sub-section (3) of section 32 of the Act; 

(h) the manner of revision of the State Register under sub-

section (1) of section 33 of the Act; and 



 

 

(i) the form of State Register under sub-section(2) of 
section 38 of the Act. 

        (2)   The regulations shall be published in the Government 

Gazette. 

        (3)     The Government may, by notification in the   Government 

Gazette, cancel any regulation. 

         55. Repeal and saving.—(1) The Jammu and Kashmir 

Paramedical Council Ordinance, 2013 (Ordinance No.III of 2013) is 

hereby repealed.  

          (2) Notwithstanding such repeal anything done or any action taken 

under the said Ordinance shall be deemed to have been taken under the 

Act.  

____ 

SCHEDULE 

                                        [See Section2(p)] 

1. X-ray Technician. 
2. Anesthesia Assistant. 
3. FMPHW. 
4. MMPHW. 
5. Medicinal Assistant /Pharmacist. 
6. Lab. Assistant. 
7. OTT-Operation Theatre Tech. 
8. EEG Tech. 

9.  Sanitary Inspector 
10. Dental Assistant. 
11. D-Pharmacy. 
12. B-Pharmacy. 

. 
13. (BLT) Bachelor Lab. Tech. 
14. Physiotherapist. 
15. Physiotherapy/Occupational Therapy Course.  
16. Speech Therapy Course. 
17. Audiologist. 
18. Laboratory Technician ( Various types). 
19. X-Ray Technician/Radiographer.\ 
20. BCG Technicians. 
21. Cyto Technicians. 
22. Ortho Technicians. 
23. Mould room Technicians. 
24. Gamma Camera Technicians. 
25. Orffiotic Technicians.  
26. Optonictrist. 
27. Orthotic and contact lens. 
28. ECG Technicians. 
29. Ultra Sound. 



 

 

30. Angiography. 
31. Operation theatre Technicians. 
32. Degree, Diploma and certificate in Human 

Nutrition. 
33. Dialysis Technicians. 
34. Insulation therapy Technicians. 
35. Health Inspector Course. 
36. Hospital Medical record Science. 
37. Compounder ( Allopathy, Ayurvedic Unani & 

Homoeopathy) 
38. Compounder in Biochemic system of Medicine. 
39. Diploma in Clinical Bio chemistry. 
40. Microbiology. 
41. Pathology. 
42. Optonicui refraction. 
43. Paramedical ophthalmic assistant. 
44. Perfusionist/Cardiac Surgery Technicians.  
45. Cath. Lab. Technician.  

__