English — official source version
ncahp_2021_act.pdf.txt
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
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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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
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The Gazette of Gudia
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CG-DL-E-28032021-226213
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 16] NEW DELHI, SUNDAY, MARCH 28, 2021/CHAITRA 7, 1943 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
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:—
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 ofa 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. (/) This Act may be called the National Commission for Allied and Healthcare Short title and
Professions Act, 2021. commencement.
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;
(c) "allied and healthcare professional" means any allied health professional or
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.
THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Definitions.
(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 (/) of section 12;
(6) "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;
(c) "allied and healthcare professional" means any allied health professional or
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 (/) 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;
(‘) "Commission" means the National Commission for Allied and Healthcare
Profession constituted under sub-section (/) 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 (/) of section 20;
(2) "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 (7) and (ii) of clause (d), and nominated by
the Central Government under sub-clause (iii) of clause (d) of section 3;
(0) "prescribed" means prescribed by rules made under this Act;
(p) "Professional Council" means the Allied and Healthcare Professional Council
constituted under sub-section (/) of section 10;
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;
(c) the following persons shall be the ex officio Members of the Commission,
namely:—
(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.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
3 of 1956.
(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 (/) 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;
(v) "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. (/) 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;
(c) the following persons shall be the ex officio Members of the Commission,
namely:—
(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;
Constitution
and
composition of
Commission.
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
(c) Rehabilitation Council of India;
(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;
(c) Jawaharlal Institute of Postgraduate Medical Education and
Research, Puducherry;
(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
THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
(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;
(6) National Medical Commission; and
(c) Rehabilitation Council of India;
(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;
(6) All India Institute of Physical Medicine and Rehabilitation,
Mumbai;
(c) Jawaharlal Institute of Postgraduate Medical Education and
Research, Puducherry;
(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;
(‘) 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
(J) 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
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
(c) has become physically or mentally incapable of acting as a member; 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.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
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. (/) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member
nominated under sub-clauses (1), (i7) 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 (1), (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. (J) Notwithstanding anything contained in sub-section (/) of section 4, the
Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated
under sub-clauses (1), (ii) and (ii7) of clause (d) of sub-section (3) of section 3 may—
(2) 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
(c) has become physically or mentally incapable of acting as a member; 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 (/) 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.
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
(c) any irregularity in the procedure of the Commission not affecting the merits
of the case.
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.
THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Vacancies, etc.,
not to
invalidate
proceedings of
Commission.
Officers and
other
employees of
Commission.
Professional
Councils.
Functions of
Commission.
(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
(6) any defect in the appointment of a person acting as a Member of the
Commission; or
(c) any irregularity in the procedure of the Commission not affecting the merits
of the case.
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. (J) 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. (/) 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;
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.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
(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;
(4) provide strategic framework for rational deployment of skilled manpower,
performance management systems, task shifting and associated career development
pathways for allied and healthcare professionals;
(7) 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;
(J) 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
30 of 2019. Act, 2019 and the Central Council constituted under section 3 of the Homoeopathy
59 of 1973. 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. (/) 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.
National
Allied and
Healthcare
Advisory
Council.
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'
Register.
1 of 1872.
Privileges for
enrolment on
Central
Register.
Rights of
persons who
are enrolled on
Central
Register.
Registration in
Central
Register.
Issue of
certificate of
registration.
Registration
of additional
qualifications.
8 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
(3) The Advisory Council shall meet once in a year at Delhi as may be decided by the
Chairperson of the Advisory Council.
Central Allied 13. (1) The Commission shall maintain online and live Register of persons in separate
and parts in each of the recognised categories to be known as the Central Allied and Healthcare
paneer Professionals' Register which shall contain information including the name of persons and
Register. 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 (/), 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 1 of 1872.
Privileges for
enrolment on
Central
Register.
Rights of
persons who
are enrolled on
Central
Register.
Registration in
Central
Register.
Issue of
certificate of
registration.
Registration
of additional
qualifications.
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. (J) 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 (/), 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. (/) 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.
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;
(c) Joint Secretary to the Government of India in the Department of Legal Affairs,
Ministry of Law and Justice—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
Register.
Interim
Commission.
30 of 2019.
Search-cum-
Selection
Committee.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
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. () 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 (/) shall consist of the
following, namely: —
(a) Additional Secretary to the Government of India in the Ministry of Health
and Family Welfare—Chairperson;
(6) Joint Secretary to the Government of India in the Ministry of Health and
Family Welfare—member;
(c) Joint Secretary to the Government of India in the Department of Legal Affairs,
Ministry of Law and Justice—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
30 of 2019. 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. (/) 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
Register.
Interim
Commission.
Search-cum-
Selection
Committee.
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 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Constitution
and
composition
of State
Council.
(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;
(5) 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 (/) of section 29—ex officio Member;
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
(c) has become physically or mentally incapable of acting as a Member; 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.
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. (/) Notwithstanding anything contained in sub-section (/) 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—
(2) 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
(6) has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; 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 (/) unless he has been given a reasonable opportunity of being heard in the
matter.
25. (1) A Member under clause (0) 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. (/) The State Council shall meet at such times and places, and shall observe such
tules 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.
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
(c) any irregularity in the procedure of the State Council not affecting the merits
of the case.
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,
(c) Allied and Healthcare Professions Assessment and Rating Board, and
(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
of
Autonomous
Boards.
Functions of
State Council.
12 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Vacancies,
etc., not to
invalidate
proceedings of
State Council.
Officers and
other
employees of
State Council.
Constitution
and functions
of
Autonomous
Boards.
Functions of
State Council.
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
(6) any defect in the appointment of a person acting as a member of the State
Council; or
(c) any irregularity in the procedure of the State Council not affecting the merits
of the case.
28. (/) 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 (/)
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,
(c) Allied and Healthcare Professions Assessment and Rating Board, and
(d) Allied and Healthcare Professions Ethics and Registration Board.
(2) The Autonomous Boards constituted under sub-section (/) 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
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'
Register.
Registration
in State
Register.
Constitution
of Advisory
Board.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
1 of 1872.
in the State and take disciplinary action, including the removal of a professionals' name
from the State Register;
(6) 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
(/) 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. (/) 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 1s rejected by the State Council may,
within one month from the date of such rejection, appeal to the Commission.
Constitution
of Advisory
Board.
State Allied
and
Healthcare
Professionals'
Register.
Registration
in State
Register.
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
Register.
Removal of
name of a
person from
State Register.
Restoration of
name of a
person in the
State Register.
14 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Issue of
duplicate
certificates.
Renewal of
name of Allied
and
Healthcare
professionals
in the State
Register.
Removal of
name of a
person from
State Register.
Restoration of
name of a
person in the
State Register.
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. (/) 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 (/) 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 (/), 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
(6) 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 (/) 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 (/) 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 (/) 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.
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.
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. (/) 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 (/)
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 (/) 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 (/), 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. (/) 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 anew 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 g post-g y g
Recognition
of persons
offering
services prior
to
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.
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 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
(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 (/), 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;
(6) 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 (/):
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;
(6) 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;
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.
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;
(6) "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. (/) 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. (/) 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 (/) 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. (/) 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.
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 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Failure to
maintain
minimum
essential
standards by
allied and
healthcare
institutions.
Grants by
Central
Government.
National
Allied and
Healthcare
Fund.
(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 (/), 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;
(5) 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 (/) 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.
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
of
Commission.
Returns and
information.
Grants by
State
Government.
State Allied
and
Healthcare
Council Fund.
Accounts and
audit of State
Council.
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. (/) 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;
(6) 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 (/) 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. (/) 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
of
Commission.
Returns and
information.
Grants by
State
Government.
State Allied
and
Healthcare
Council Fund.
Accounts and
audit of State
Council.
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
Register and
State Register.
Misuse of
titles.
Failure to
surrender
certificate of
registration.
Penalty for
contravention
of provisions
of Act.
20 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Annual report
of State
Council.
Authentication
of orders, etc.
Practice by
allied and
healthcare
professionals.
Penalty for
falsely
claiming to be
entered in
Central
Register and
State Register.
Misuse of
titles.
Failure to
surrender
certificate of
registration.
Penalty for
contravention
of provisions
of Act.
(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.
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.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
60. (/) 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. (/) 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 (/) 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. (/) 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 (/), 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 (7) of clause (d) of sub-section (3) of section 3;
(6) 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 (/) 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 (/) 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.
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.
22 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Power to
make
regulations.
({) 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 (/) of section 17;
(k) the form of certificate of registration under sub-section (2) of section 17;
(/) 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 (/) of section 18;
(n) the qualifications, experiences and manner of appointment of members of
Interim Commission under clause (A) 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 (/) 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 (/) of section 11;
(6) other particulars for allied and healthcare qualifications under clause (f) of
sub-section (/) of section 11;
(c) the manner of providing uniform examination with common counselling for
admission under clause (g) of sub-section (/) 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 (/) of section 11;
(e) the manner of taking measures under clause (k) of sub-section (/) 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 (/) 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;
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.
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;
(kK) the manner of containing information including name of person and
qualification relating to any of their respective recognised categories under
sub-section (/) of section 32;
(J) 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 (/) 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;
(¢) the manner of furnishing information by the University or college or institution
under sub-section (2) of section 41;
(uw) the manner of verification of standards of education in allied and healthcare
institutions by the State Council under sub-section (/) 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. (/) 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 (/), 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
tules and
regulations.
Power of State
Government
to make rules.
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) the travelling and other allowances for the Member of the State Council
under sub-section (2) of section 23;
(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.
24 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
Power to
remove
difficulties.
Power to
amend
Schedule.
(c) the travelling and other allowances for the Member of the State Council
under sub-section (2) of section 23;
(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 (/) 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 (/) 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 (/) 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;
(2) 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. (/) 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 (/), 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.
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
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25
THE SCHEDULE
[See section 2(r)]
Serial Recognised Category Allied and Healthcare ISCO
Number Professional Code
() (2) (3) (4)
1. Medical Laboratory and Life Sciences
Life Science Professional (i) Biotechnologist 2131
Note: Life Science Professional is a person who (ii) Biochemist (non-
has knowledge 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-
new knowledge, and solve human health and clinical) a.
environmental problems and who works in (v) Molecular Biologist (non-
diverse fields such as bacteriology, biochemistry, . clinical) .
. : (vi) Molecular Geneticist
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 (i) Cytotechnologist 3212
Note: Medical and pathology laboratory (ii) Forensic Science
professional is a person who performs clinical Technologist .
test on specimens of bodily fluids and tissues in (iii) Histotechnologist .
order to get information about the health of a (iv) Hemato Technologist .
patient or cause of death and having formal (v) Medical Lab Technologist
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 (i) Advance Care Paramedic 2240
Note: Trauma and Burn Care Professional is a (ii) Burn Care Technologist 2240
person who provides advisory, diagnostic, itt) Emergency Medical : 3258
curative and preventive medical services more Technologist (Paramedic)
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 (i) Anaesthesia Assistants 3259
Professional and Technologists
Note: Surgical and Anaesthesia-related (ii) Operation Theatre (OT) 3259
Technology professional is a person who isa ___... Technologists
member of a multi-disciplinary team in the (iti) Endoscopy and 3259
operation theatres, who prepares and maintains Lap arOscopy
Technologists
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,
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)
26 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
(1) (2) (3) (4)
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.
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 ofa baccalaureate degree.
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.
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.
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
(i) Dietician (including
Clinical Dietician,
Food Service
Dietician)
(i) Nutritionist (including
Public Health
Nutritionist, Sports
Nutritionist)
(i) Optometrist
(ii) Ophthalmic Assistant
(iii) Vision Technician
Occupational Therapist
2264
2265
2265
2267
3256
3256
2269
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]
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
() (2) (3) (4)
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 (i) Environment Protection 2133
Note: Primary and Community Care Professional _, Officer .
is a person who provides health education, (ii) Ecologist 2133
referral and follow up, case management, and (iii) Community Health 3253
basic preventive healthcare and home visiting __, promoters
services to specific communities at field level (iv) Occupational Health 3257
and provides support and assistance to and Safety Officer
individuals and families in navigating the health (Inspector)
and social services system and establish a referral
network.
Behavioural Health Sciences Professional (i) — Psychologist 2634
; . : (Except Clinical Psychologist covered
Note: Behavioural Health Sciences Professional j,4e- RC] for PWD)
is a person who undertakes scientific study of (ii) Behavioural Analyst 2635
the emotions, behaviours and biology relating to (iii) Integrated Behaviour Health 2635
a person's mental well-being, their ability to Counsellor
function in everyday life and their concept of (iv) Health Educator and 2635
self. "Behavioural health" is the preferred term Counsellors including
to "mental health" and includes professionals Disease Counsellors,
such as counsellors, analysts, psychologists, Diabetes Educators,
educators and support workers, who provide Lactation Consultants
counselling, therapy and mediation services to (v) Social workers including 2635
individuals, families, groups and communities Clinical Social Worker,
in response to social and personal difficulties. Psychiatric Social Worker,
Medical Social Worker
(vi) Human Immunodeficiency 3259
Virus (HIV) Counsellors or
Family Planning
Counsellors
(vii) Mental Health Support 3259
Workers
Other Care Professionals (i) Podiatrist 2269
(ii) Palliative Care 3259
Professionals
(iii) Movement Therapist 2269
(including Art, Dance and
Movement Therapist or
Recreational Therapist)
8. Medical Radiology, Imaging andTherapeutic (i) + Medical Physicist 2111
Technology Professional (ii) Nuclear Medicine 3211
Technologist
Note: Medical Imaging and Therapeutic (jji) Radiology and Imaging 3211
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,
Technologist [Diagnostic
Medical Radiographer,
Magnetic Resonance
Imaging (MRI),
Computed Tomography
(CT), Mammographer,
Diagnostic Medical
Sonographers]
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
28 THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]—
(1) (2) (3) (4)
10.
sonography, mammography, nuclear medical
technology, Magnetic Resource Imaging,
Dosimetry or radiotherapy, under the
supervision of a radiologist or other medical
professional.
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.
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
(i) | Biomedical Engineer
(ii) Medical Equipment
3211
2149
3211
Technologist
Physician Associates
(i)
(ii)
(iii)
(iv)
(v)
(i)
(it)
3256
Cardiovascular 3259
Technologists
Perfusionist
Respiratory Technologist
Electrocardiogram (ECG) 3259
Technologist or
Echocardiogram (ECHO)
Technologist
Electroencephalogram
(EEG) or Electro-
neurodiagnostic
(END) or
Electromyography (EMG)
Technologists or Neuro Lab
Technologists or Sleep Lab
Technologists
3259
3259
Dialysis Therapy 3259
Technologists or
Urology
Technologists
Health Information 3252
Management
Professional
(Including Medical
Records Analyst)
Health Information 3252
Management
Technologist
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.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
administrative records-keeping requirements of (iii) Clinical Coder 3252
health services delivery and processes, maintains, (iv) Medical Secretary 3344
compiles and reports patient information for and Medical
health requirements and standards in a manner Transcriptionist
consistent with the healthcare industry's
numerical coding system.
DR. G NARAYANA RAJU,
Secretary to the Govt. of India.
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.
2021-03-28T22:40:45+0530
JAGANATHAN ANANTHA KUMAR
Open official source version ↗About this act
- Jurisdiction
- Maharashtra
- Enactment date
- 2021-03-28
- Sections available
- Document reader
India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.