The National Commission for Allied and Healthcare Professions Bill, 2020 |The LexSphere Library

SECTION Section 1

Untitled Section

•THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE

•PROFESSIONS BILL, 2020

•——————

•ARRANGEMENT OF CLAUSES

•——————

SECTION Section 10

Untitled Section

6.Cessation of membership and filling up of casual vacancy of Member.

SECTION Section 100

Untitled Section

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.

SECTION Section 101

Untitled Section

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.

SECTION Section 102

Untitled Section

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.

SECTION Section 103

Untitled Section

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.

SECTION Section 104

Untitled Section

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.

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SECTION Section 105

Untitled Section

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 the

•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.

SECTION Section 106

Untitled Section

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 Department of Health

•and Family Welfare, Ministry of Health—Chairperson;

(b)Joint Secretary to the Government of India in the Department of Health and

•Family Welfare, Ministry of Health—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 Ministry of Human Resource

•Development—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 Section 107

Untitled Section

•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.

SECTION Section 108

Untitled Section

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 Human Resources Development— member;

•Removal of

•name from

•Central

Register.

•Interim

Commission.

•30 of 2019.

•Search-cum-

•Selection

Committee.

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(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.

SECTION Section 109

Untitled Section

•CHAPTER III

•S

•TATE ALLIED AND HEALTHCARE COUNCIL

SECTION Section 11

Untitled Section

7.Meetings of Commission.

SECTION Section 110

Untitled Section

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 education 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 Member;

(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.

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(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—Member; 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—Member.

SECTION Section 111

Untitled Section

23.(1) The Chairperson of the State Council and Member nominated under

SECTION Section 112

Untitled Section

•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.

SECTION Section 113

Untitled Section

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.

SECTION Section 114

Untitled Section

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.

SECTION Section 115

Untitled Section

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.

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SECTION Section 116

Untitled Section

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.

SECTION Section 117

Untitled Section

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.

SECTION Section 118

Untitled Section

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 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 Professionals 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 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 the regulations.

SECTION Section 119

Untitled Section

30.It shall be the duty of the State Council to take all such steps as it may think fit for

•ensuring the 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 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.

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•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.

SECTION Section 12

Untitled Section

8.Vacancies, etc., not to invalidate proceedings of Commission.

SECTION Section 120

Untitled Section

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.

SECTION Section 121

Untitled Section

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 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 the 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.

SECTION Section 122

Untitled Section

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 he is of the opinion that the applicant

•is entitled to have his name entered on the State Register, he 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 the 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.

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SECTION Section 123

Untitled Section

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.

SECTION Section 124

Untitled Section

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 professional 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.

SECTION Section 125

Untitled Section

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 is to be 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 the 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.

SECTION Section 126

Untitled Section

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

•Healthcare

•professional in

•the State

Register.

•Removal of

•name of a

•person from

•State Register.

•Restoration of

•name of a

•person in the

•State Register.

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SECTION Section 127

Untitled Section

38.Every person who offers his services in any of the recognised categories on or

•before the commencement of this Act shall be allowed provisionally registration under the

•provisions of this Act within such period from such commencement in such manner as may

•be specified by the regulations.

SECTION Section 128

Untitled Section

•CHAPTER IV

•R

•ECOGNITION AND RECIPROCITY

SECTION Section 129

Untitled Section

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 the 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 the

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.

SECTION Section 13

Untitled Section

9.Officers and other employees of Commission.

SECTION Section 130

Untitled Section

•CHAPTER V

•E

•STABLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTION

SECTION Section 131

Untitled Section

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

•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.

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•(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 the

•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;

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(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 the 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.

SECTION Section 132

Untitled Section

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 the regulations.

SECTION Section 133

Untitled Section

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 the 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.

SECTION Section 134

Untitled Section

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.

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(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.

SECTION Section 135

Untitled Section

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.

SECTION Section 136

Untitled Section

•CHAPTER VI

•F

•INANCE, ACCOUNTS AND AUDIT

SECTION Section 137

Untitled Section

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.

SECTION Section 138

Untitled Section

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.

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SECTION Section 139

Untitled Section

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.

SECTION Section 14

Untitled Section

10.Professional Councils.

SECTION Section 140

Untitled Section

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.

SECTION Section 141

Untitled Section

49.The Commission shall furnish to the Central Government such reports, returns and

•other information as that Government may require from time to time.

SECTION Section 142

Untitled Section

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.

SECTION Section 143

Untitled Section

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.

SECTION Section 144

Untitled Section

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.

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(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.

SECTION Section 145

Untitled Section

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.

SECTION Section 146

Untitled Section

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.

SECTION Section 147

Untitled Section

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.

SECTION Section 148

Untitled Section

•CHAPTER VII

•O

•FFENCES AND PENALTIES

SECTION Section 149

Untitled Section

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.

SECTION Section 15

Untitled Section

11.Functions of Commission.

SECTION Section 150

Untitled Section

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.

SECTION Section 151

Untitled Section

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.

SECTION Section 152

Untitled Section

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.

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SECTION Section 153

Untitled Section

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.

SECTION Section 154

Untitled Section

•CHAPTER VIII

•M

•ISCELLANEOUS

SECTION Section 155

Untitled Section

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.

SECTION Section 156

Untitled Section

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.

SECTION Section 157

Untitled Section

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.

SECTION Section 158

Untitled Section

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.

SECTION Section 159

Untitled Section

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 Section 16

Untitled Section

12.National Allied and Healthcare Advisory Council.

SECTION Section 160

Untitled Section

•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, allowance 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.

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(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 Section 161

Untitled Section

•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 expences 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 Section 162

Untitled Section

•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.

SECTION Section 163

Untitled Section

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 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 Section 164

Untitled Section

•section 11;

(f)the manner of containing information including name of person and

•qualification relating to any of the respected reconigsed catogaries 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 Section 165

Untitled Section

•section 19;

•Power to

•make

regulations.

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

(n)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 Section 166

Untitled Section

•section 38;

(o)the recognition of corresponding allied and healthcare qualifications granted

•outside India under sub-section (1) of section 39;

(p)the manner of entitlement of registration of qualifications granted by

•institutions outside India under sub-section (2) of section 39;

(q)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;

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

(s)the manner of furnishing information by the University or college or institution

•under sub-section (2) of section 41;

(t)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

(u)any matter for which provision may be made by the regulations under this

Act.

SECTION Section 167

Untitled Section

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.

SECTION Section 168

Untitled Section

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

SECTION Section 169

Untitled Section

•clause (e) of sub-section (3) of section 22;

•(b

•) the qualifications and experience of the member of the State Council under

SECTION Section 17

Untitled Section

13.Central Allied and Healthcare Professionals’ Register.

SECTION Section 170

Untitled Section

•clause (f) of sub-section (3) of section 22;

•Laying of

•rules and

regulations.

•Power of State

•Government

•to make rules.

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(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 State Council under sub-section ( 1) of

SECTION Section 171

Untitled Section

•section 26;

(e)the salary, 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 fee for registration in the State Register under sub-section ( 1) of

SECTION Section 172

Untitled Section

•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 Section 173

Untitled Section

•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 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.

SECTION Section 174

Untitled Section

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.

SECTION Section 175

Untitled Section

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.

•5

•10

•15

•20

•25

•30

•35

•40

•THE SCHEDULE

•[See section 2(r)]

•Serial Recognised Category Allied and Healthcare ISCO

•Number Professional Code

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

SECTION Section 176

Untitled Section

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.

SECTION Section 177

Untitled Section

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 wi th 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 multidisciplinary 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 setup, 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

•25

•26

•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.

SECTION Section 178

Untitled Section

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.

SECTION Section 179

Untitled Section

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.

SECTION Section 18

Untitled Section

14.Privileges for enrolment on Central Register.

SECTION Section 180

Untitled Section

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 a two years recognised diploma programme.

SECTION Section 181

Untitled Section

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

(i)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) V ision Technician 3256

(i)Occupational Therapist 2269

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

•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.

SECTION Section 182

Untitled Section

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

SECTION Section 183

Untitled Section

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 Health2635

•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

•Technologist [Diagnostic

•Medical Radiographer,

•Magnetic Resonance

•Imaging (MRI),

•Computed Tomography

•(CT), Mammographer,

•Diagnostic Medical

•Sonographers]

•28

•sonography, mammography, nuclear medical

•technology, Magnetic Resource Imaging,

•Dosimetry or radiotherapy, under the

•supervision of a radiologist or other medical

professional.

SECTION Section 184

Untitled Section

9.Medical Technologists and Physician Associate

•Biomedical and Medical Equipment

•Technology Professional

•Physician Associate or Physician Assistant

•Note: Physician Associate or Physician

•Assistant 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.

SECTION Section 185

Untitled Section

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

•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.

•(iv) Radiotherapy Technologist

(v)Dosimetrist

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

(i)Biomedical Engineer 2149

•(ii) Medical Equipment 3211

•Technologist

(i)Physician Associates 3256

(i)Cardiovascular 3259

•Technologists,

•(ii) Perfusionist,

•(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

(i)Dialysis Therapy 3259

•Technologists or

•Urology

•Technologists

(i)Health Information 3252

•Management

•Professional

•(Including Medical

•Records Analyst)

•(ii) Health Information 3252

•Management

•Technologist

•(iii) Clinical Coder 3252

•(iv) Medical Secretary 3344

•and Medical

•Transcriptionist

•STATEMENT OF OBJECTS AND REASONS

•Allied and healthcare professions include a wide-range of health professionals for the

•diagnosis, evaluation and treatment of acute and chronic diseases. The Allied and healthcare

•professions also work to optimize patient outcomes and attend to overall prevention,

•promotion, wellness and management of diseases.

SECTION Section 186

Untitled Section

2.The health workforce in the Indian scenario has been defined with focus mainly on

•few cadres such as doctors, nurses and frontline workers. Many other professionals belonging

•to more than fifty allied and health care professions continue to remain under-utilised and

•unregulated in the health system. These broadly include professional categories such as

•Physiotherapy, Occupational Therapy, Ophthalmic Sciences, Nutrition Sciences, Medical

•Laboratory and Life Sciences, Medical Radiology, Imaging and Therapeutic Technology,

•Medical Technologists and Physician Associates, Trauma, Burn Care and Surgical /

•Anesthesia related Technology, Community Care and Behavioral Health Sciences and Health

•Information Management and Health Informatics. There has been a persistent demand for a

•regulatory framework for such professions for several decades.

SECTION Section 187

Untitled Section

3.The 'para-medical professionals' as well as other technologists and therapists have

•finally been accorded their due recognition and are being presently being termed as 'Allied

•and Healthcare Professionals'. Based on the International Labour Organisation's International

•Standard Classification of Occupations (ISCO-08), a detailed mapping has been undertaken

•to identify such professions.

SECTION Section 188

Untitled Section

4.The United Nation's Commission on Health Employment and Economic Growth with

•a focus on building resilient health systems stresses upon strengthening the health workers

•and urges to ensure effective health employment. As estimated by the World Health

•Organisation, by the year 2030, the global economy is projected to create around forty

•million new health sector jobs, mostly in the middle and high-income countries. Despite the

•anticipated growth in jobs, there shall be projected shortage of eighteen million health

•workers to achieve the sustainable development goals in low and lower middle-income

countries.

SECTION Section 189

Untitled Section

5.With the advancement in the health sector, changing preferences of consumers and

•service providers, it is now warranted to create a fresh vision of healthcare delivery with a

•patient-centric approach and focus on moving to a multi-disciplinary team-based care. This

•has necessitated the need to implement new ways of deploying health workers, strengthening

•the workforce by task-shifting models and improving access to quality services through

•qualified and competent allied and healthcare professionals.

SECTION Section 19

Untitled Section

15.Rights of persons who are enrolled on Central Register.

SECTION Section 190

Untitled Section

6.Accordingly, the Allied and Healthcare Professions Bill, 2018 was introduced in

•Rajya Sabha on the 31st December 2018 and the same was referred to the Department Related

•Parliamentary Standing Committee of the Ministry of Health and Family Welfare for its

•examination and Report. The Committee after detailed examination recommended certain

•amendments to the said Bill. Therefore, it has been decided to withdraw the pending Bill and

•to introduce a new Bill, namely, the National Commission for Allied and Healthcare Professions

•Bill, 2020, incorporating the recommendations made by the Committee.

SECTION Section 191

Untitled Section

7.The Bill, inter alia, provides for,—

(a)constitution of a National Commission for Allied and Healthcare Professions

•for regulation and maintenance of standards of education and services, assessment of

•institutions, maintenance of a Central Register and State Register of such professionals;

(b)constitution of Professional Councils for every recognised professional

•category to frame policies and standards for the governance of allied and healthcare

•related education and professional services and to regulate their professional conduct;

•29

•30

(c)constitution of a National Allied and Healthcare Advisory Council to advice

•Commission on the issues relating to allied and healthcare professionals;

(d)constitution of State Councils for ensuring the coordinated and integrated

•development of education and maintenance of standards of delivery of services;

(e)constitution of the Under-graduate Allied and Healthcare Education Board,

•Post-graduate Allied and Healthcare Education Board, Allied and Healthcare Professions

•Assessment and Rating Board and Allied and Healthcare Professions Ethics and

•Registration Board for regulating the standards of allied and healthcare professionals;

(f)create and maintain an up-to-date online and live Central Register and State

•Register of allied and healthcare professionals;

(g)ensuring development of basic standards of education, courses, curricula,

•facilities, assessment, examination, training, maximum fees etc.;

(h)uniform entry examination with common counselling for admission into allied

•and healthcare institutions;

(i)uniform exit or licensing examination for professional practice and National

•Teachers Eligibility Test for academicians;

(j)strategic framework for rational deployment of skilled manpower, performance

•management systems, task shifting and associated career development pathways;

(k)basic standards framework for machineries, materials and services;

(l)measures to ensure compliance by the State Councils;

(m)constitution of committees by engaging independent experts for technical

•advice related to any of the professions;

(n)penalty for contravention of provisions of the Bill and the rules and regulations

•made thereunder;

SECTION Section 192

Untitled Section

8.The Bill seeks to achieve the above objectives.

•N

•EW DELHI; DR. HARSH V ARDHAN.

•The 20th March, 2020.

•Notes on Clauses

SECTION Section 193

Untitled Section

•Clause 1. This clause provides for the short title, and commencement of the proposed

legislation.

SECTION Section 194

Untitled Section

•Clause 2. This clause provides for the definitions of certain expressions used in the

•proposed legislation.

SECTION Section 195

Untitled Section

•Clause 3. This clause provides for the constitution and composition of the "National

•Commission for Allied and Healthcare Professions".

SECTION Section 196

Untitled Section

•Clause 4. This clause provides for the terms and conditions of service of the Members,

•Chairperson, Vice-Chairperson and the Part-time Members.

SECTION Section 197

Untitled Section

•Clause 5. This clause provides for the resignation and removal of Members of the

Commission.

SECTION Section 198

Untitled Section

•Clause 6. This clause provides for cessation of Membership and filling up of casual

•vacancy of Members of the Commission including the Chairperson and Vice-Chairperson.

SECTION Section 199

Untitled Section

•Clause 7. This clause provides for the meeting of the Commission. This clause further

•provides that one half of the total number of members including Chairperson or Vice-

•Chairperson will constitute quorum and the decision of the Commission on any question to

•be based on majority of the votes of the members present and the presiding chair to have a

•second or casting vote in case of equality of votes.

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

16.Registration in Central Register.

SECTION Section 200

Untitled Section

•Clause 8. This clause provides that no act or proceeding of the Commission shall be

•invalid merely by reason of any vacancy in, or any defect in the constitution of the Commission

•or any defect in the appointment of a person acting as a member of the Commission; or any

•irregularity in the procedure of the Commission not affecting the merits of the case.

SECTION Section 201

Untitled Section

•Clause 9. This clause provides that the Central Government shall provide to the

•Commission a Secretariat consisting of a Secretary and other officers. It also empowers the

•Central Government to frame rules regarding salary, allowances and other conditions of

•services of the Secretary and other officers of the Commission. This clause further provides

•that the Secretariat shall also provide secretarial assistance to the Professional Council and

•the Advisory Council.

SECTION Section 202

Untitled Section

•Clause 10. This clause provides for the constitution of the Professional Council for

•every recognised category, with a president and members not less than four and not exceeding

•twenty-four, and being registered professionals of the respective category, and president

•shall rotate biennially amongst the professions, where there is more than one profession

•under a Professional Council.

SECTION Section 203

Untitled Section

•Clause 11. This clause provides the functions of the Commission.

SECTION Section 204

Untitled Section

•Clause 12. This clause provides for constitution of an Advisory Council to be known

•as National Allied and Healthcare Advisory Council to advise the Commission on the issues

•related to allied and healthcare professionals, to be chaired by the Chairperson of the

•Commission and having representation of all the members of the Commission as ex officio

•members, Principal Secretaries dealing with medical education or nominees from each State

•and Union territory and Chairperson of each of the State Council, as members.

SECTION Section 205

Untitled Section

•Clause 13. This clause provides for the Central Allied and Healthcare Professionals'

•Register to be maintained by the Commission, which shall be a public document for the

•purpose of the Indian Evidence Act, 1872.

SECTION Section 206

Untitled Section

•Clause 14. This clause provides that every person whose name is borne on the Central

•Register, based on his qualification shall be entitled to provide services within the defined

•31

•32

•scope of practice as an allied and healthcare professional and receive expenses, charges or

•fees in respect of such service.

SECTION Section 207

Untitled Section

•Clause 15. This clause provides that only a registered allied and healthcare professional

•shall hold office as an allied and healthcare professional, provide service in any of the

•recognised categories in any State and be entitled to sign or authenticate any certificate

•required to be signed or authenticated by a duly qualified allied and healthcare professional.

SECTION Section 208

Untitled Section

•Clause 16. This clause provides that on the basis of an application made by any

•person or in case of registration of a person in a State Register, the Commission may enter his

•or her name in the Central Register.

SECTION Section 209

Untitled Section

•Clause 17. This clause provides that the Commission shall issue a certificate of

•registration to those whose names have been entered in the Central Register. In case of loss

•of the certificate, the Commission shall issue a duplicate certificate.

SECTION Section 21

Untitled Section

17.Issue of certificate of registration.

SECTION Section 210

Untitled Section

•Clause 18. This clause provides that if additional recognised qualifications are obtained

•by a person whose name is enrolled in the Central Register, the additional qualifications may

•be recorded against his name, in both the Central and in the State Register. This clause

•further provides that the entries altered in the Central Register shall also be reflected in the

•State Register.

SECTION Section 211

Untitled Section

•Clause 19. This clause provides that the Commission shall remove the name of a

•person from the Central Register in pursuance of any power conferred under this Bill.

SECTION Section 212

Untitled Section

•Clause 20. This clause provides for establishment of an Interim Commission for a

•period of three years or until a regular Commission is constituted. It also provides that the

•Interim Commission shall discharge the functions assigned to the Commission and the

•Central Government shall appoint a Secretary to the Interim Commission.

SECTION Section 213

Untitled Section

•Clause 21. This clause provides for the constitution of Search-cum-Selection committee

•for the appointment of the Chairperson, Vice-Chairperson and Secretary of the Commission.

SECTION Section 214

Untitled Section

•Clause 22. This clause provides for the constitution and composition of State Councils

•by every State Government, to be known as 'State Allied and Healthcare Council'.

SECTION Section 215

Untitled Section

•Clause 23. This clause provides for the terms and condition of service of Members of

•the State Council. The clause also provides for eligibility of the members of the State Council

•for travelling and other allowances as may be specified by the State Government.

SECTION Section 216

Untitled Section

•Clause 24. This clause provides for conditions of resignation and removal of the

•Chairperson and Members of the State Council.

SECTION Section 217

Untitled Section

•Clause 25. This clause provides for cessation of membership and filling up of casual

•vacancy of Members of the State Council.

SECTION Section 218

Untitled Section

•Clause 26. This clause provides for 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 at such meetings) as may be prescribed by the State

Government.This clause further provides for alternate representation for the Chairperson if

•he is unable to attend and the decision of the State Council on any question to be based on

•majority of the votes of the present members and the chair to have a second or casting vote

•in case of equality of votes.

SECTION Section 219

Untitled Section

•Clause 27. This clause provides that no act or proceeding of the State Council shall be

•invalid merely by reason of any vacancy in, or any defect in the constitution of the State

•Council or any defect in the appointment of a person acting as a member of the State Council

•or any irregularity in the procedure of the State Council not affecting the merits of the case.

SECTION Section 22

Untitled Section

18.Registration of additional qualifications.

SECTION Section 220

Untitled Section

•Clause 28. This clause provides that the State Council may appoint a Secretary and

•such other employees for the efficient performance of its functions under the proposed

legislation.

•33

SECTION Section 221

Untitled Section

•Clause 29. This clause provides for constitution and functions of (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 for regulating the allied and

•healthcare professionals.

SECTION Section 222

Untitled Section

•Clause 30. This clause provides for the functions of the State Council.

SECTION Section 223

Untitled Section

•Clause 31. This clause provides that the State Council shall constitute as many

•professional Advisory Boards as needed, to examine specific issues and to recommend the

•State Council, and undertake any other activity as may be authorised by the State Council for

•their respective professions.

SECTION Section 224

Untitled Section

•Clause 32. This clause provides for an online and live State Allied and Healthcare

•Professionals' Register, which shall be a public document under the Indian Evidence Act,

SECTION Section 226

Untitled Section

•Clause 33. This clause provides that on the basis of an application made by any

•person and on payment of the fee as prescribed by the State Government, the name of the

•person may be entered in the State Register.

SECTION Section 227

Untitled Section

•Clause 34. This clause provides that when the Secretary of the State Council

•authenticates that a certificate of registration or a certificate of renewal has been lost or

•destroyed, State Council may issue a duplicate certificate on payment of requisite fees and in

•such form as may be prescribed by the State Government.

SECTION Section 228

Untitled Section

•Clause 35. This clause provides for renewal of the registration of the professional in

•every five years on payment of fee to the State Council in manner and as per conditions

•prescribed by the State Government.

SECTION Section 229

Untitled Section

•Clause 36. This clause provides the State Council may by order remove the name of

•any person from the State Register in condition of erroneous entry or case of misrepresentation

•or suppression of material fact, or if the person has been convicted of an offence or is guilty

•of any infamous conduct or has violated standards of professional conduct and etiquette

•and is opined to be unfit to be kept in the State Register.

SECTION Section 23

Untitled Section

19.Removal of name from Central Register.

SECTION Section 230

Untitled Section

•Clause 37. This clause provides that at any time the State Council in case of appropriate

•satisfaction and payment on such fee as prescribed by the State Government, may restore

•the removed name of the person and same shall be uploaded on the website of the State

•Council and at least in one daily local newspaper in vernacular language.

SECTION Section 231

Untitled Section

•Clause 38. This clause provides that any person who offers his or her services in any

•of the recognised categories on or before the proposed legislation shall be allowed to

•provisionally register within such period from the date of commencement of the proposed

•legislation and in such manner as specified by the regulations.

SECTION Section 232

Untitled Section

•Clause 39. This clause provides that any corresponding qualification granted by

•institutions outside India shall be recognised and the Indian citizen receiving the qualification

•shall be entitled for registration, as may be specified by regulations.

SECTION Section 233

Untitled Section

•Clause 40. This clause provides that the State Council will regulate and render

•permission in accordance with the provisions of the proposed legislation for the establishment

•of any allied and healthcare institution for opening of new or higher course of study or

•training or increasing its admission capacity in any courses of study.

SECTION Section 234

Untitled Section

•Clause 41. This clause provides that the State Council shall also have power to attain

•information from time to time from allied and healthcare institutions regarding course of

•study, duration of course, assessment and examinations and other eligibility conditions for

•individual qualifications in any allied and healthcare course.

SECTION Section 235

Untitled Section

•Clause 42. This clause provides that the State Council shall verify the standards of

•any allied and healthcare institution imparting education in the recognised category or

•34

•attend any examination for the purpose of recognition of the allied and healthcare qualification

•in manner specified by regulations.

SECTION Section 236

Untitled Section

•Clause 43. This clause provides that upon receipt of the report from the State Council

•and in case of any condition that does not conform to the prescribed standards and norms or

•failure to take corrective actions to maintain the standards, the Commission shall initiate

•action to that effect.

SECTION Section 237

Untitled Section

•Clause 44. This clause provides that the State Council may take punitive measures

•such as issuing warning, fines, barring or reducing intake and recommending Commission

•for withdrawal of recognition, if any institution fails to maintain the basic essential standards

•specified by the Commission.

SECTION Section 238

Untitled Section

•Clause 45. This clause provides that the Central Government may give Commission

•grants of such sum of money as the Central Government may think fit for utilisation purposes.

SECTION Section 239

Untitled Section

•Clause 46. This clause provides that a Fund to be called the National Allied and

•Healthcare Fund shall be constituted and the Fund shall be utilised for the expenses incurred

•by the Commission towards the discharge of its function and other related purposes in the

•manner prescribed by the Central Government.

SECTION Section 24

Untitled Section

20.Interim Commission.

SECTION Section 240

Untitled Section

•Clause 47. This clause provides that the Commission shall maintain appropriate

•accounts and records as well as annual statement of accounts, in manner specified by the

•Central Government.

SECTION Section 241

Untitled Section

•Clause 48. This clause provides that the Commission shall prepare annual report every

•year in the manner as prescribed and forward the same to the Central Government, which

•shall cause the same to be laid before each House of Parliament.

SECTION Section 242

Untitled Section

•Clause 49. This clause provides that the Commission shall furnish to the Central

•Government information as may be required from time to time.

SECTION Section 243

Untitled Section

•Clause 50. This clause provides that the State Government may give grants to the

•State Council such sums of money as the State Government may think fit for utilisation of the

•State Council.

SECTION Section 244

Untitled Section

•Clause 51. This clause provides that a Fund to be called the State Allied and Healthcare

•Council Fund shall be constituted and the Fund shall be utilised for the expenses incurred by

•the State Council towards the discharge of its function and other related purposes in the

•manner prescribed by the State Government.

SECTION Section 245

Untitled Section

•Clause 52. This clause provides that the State Council shall maintain appropriate

•accounts and records as well as annual statement of accounts, in manner specified by the

•State Government.

SECTION Section 246

Untitled Section

•Clause 53. This clause provides that the State Council shall prepare annual report

•every year in the manner as prescribed and forward the same to the State Government, which

•shall cause the same to be laid before either each House or the House, of State Legislature.

SECTION Section 247

Untitled Section

•Clause 54. This clause provides that all orders and decisions of the Commission and

•the State Councils and the instruments issues by it shall be authenticated by signature of

•Secretary or any other officer appointed by Chairperson in this behalf.

SECTION Section 248

Untitled Section

•Clause 55. This clause provides that an allied and healthcare professional shall not

•discharge any duty or perform any function not authorised by this proposed legislation or

•specify treatment not authorised within the scope of practice of his profession.

SECTION Section 249

Untitled Section

•Clause 56. This clause provides for penalty for falsely claiming be entered in the

•Central and State Register.

SECTION Section 25

Untitled Section

21.Search-cum-Selection Committee.

•A

•S INTRODUCED IN THE RAJY A SABHA

•Bill No. XXXII of 2020

SECTION Section 250

Untitled Section

•Clause 56. This clause provides for fine and imprisonment in case of misuse of titles.

SECTION Section 251

Untitled Section

•Clause 58. This clause provides for fine in case of failure to surrender the Certificate of

Registration.

•35

SECTION Section 252

Untitled Section

•Clause 59. This clause provides for penalty for contraventions of provisions of Act.

SECTION Section 253

Untitled Section

•Clause 60. This clause provides that no court shall take cognizance of punishable

•offence except upon a complaint made by order of the Central Government, the State

•Government, the Commission or the State Council.

SECTION Section 254

Untitled Section

•Clause 61. This clause provides that no civil court shall undertake any suit or proceeding

•in respect of any order made by the Commission or the State Council pertaining to the case

•of removal of a name or the refusal to enter a name in the Central Register or State Register.

SECTION Section 255

Untitled Section

•Clause 62. This clause provides for protection of action taken in good faith.

SECTION Section 256

Untitled Section

•Clause 63. This clause empowers the Central Government to issue directions to the

•Commission for the purposes of fulfilment of the objects of the proposed legislation as well

•as for discharging the functions.

SECTION Section 257

Untitled Section

•Clause 64. This clause provides that the proposed legislation shall have overriding

•effect on any other existing law or any instrument for any of the covered professions as per

•the Schedule.

SECTION Section 258

Untitled Section

•Clause 65. This clause confers the power upon the Central Government to make rules

•in respect of matter specified in the said clause.

SECTION Section 259

Untitled Section

•Clause 66. This clause confers the power upon the Commission to make regulations.

SECTION Section 26

Untitled Section

•CHAPTER III

•STATE ALLIED AND HEALTHCARE COUNCIL

SECTION Section 260

Untitled Section

•Clause 67. This clause provides that every rule made by the Central Government and

•the regulations made by the Commission shall be laid before each House of Parliament for a

•period of thirty days, in which case there may be recommendation for modification in the rule

•or regulations or both Houses may agree with the annulment of the rule or regulations, which

•shall be complied to.

SECTION Section 261

Untitled Section

•Clause 68. This clause confers the power upon the State Government to make rules in

•respect of matter specified in the said clause.

SECTION Section 262

Untitled Section

•Clause 69. This clause empowers the Central Government to remove any difficulty

•which may arise in giving effect to the provisions of the proposed legislation and any order

•in this regards shall be made within first three years after the commencement of the proposed

•and may be laid appropriately before each House of Parliament.

SECTION Section 263

Untitled Section

•Clause 70. This clause empowers the Central Government by notification to add to or

•amend Schedule, after due consultation with the Commission. The clause also provides that

•notification of such amendment or addition shall be laid in draft before each House of

•Parliament for total of thirty days in which case there may be recommendation for amendments

•or both the Houses may disagree with the inclusion or change, which shall be complied to.

•FINANCIAL MEMORANDUM

SECTION Section 264

Untitled Section

•Clause 3 of the Bill provides for constitution of a National Commission for Allied and

•Healthcare Professions.

SECTION Section 265

Untitled Section

•Clause 10 of the Bill provides for constitution of Professional Councils.

SECTION Section 266

Untitled Section

•Clause 13 of the Bill provides for the maintenance of a Central Allied and Healthcare

•Professionals' online and live Register.

SECTION Section 267

Untitled Section

•Clause 22 of the Bill provides for constitution of a State Allied and Healthcare Council

•in every State.

SECTION Section 268

Untitled Section

•Clause 29 of the Bill provides for constitution of Autonomous Boards of the State

Council.

SECTION Section 269

Untitled Section

•Clause 31of the Bill provides for constitution of professional Advisory Boards of the

•State Council.

SECTION Section 270

Untitled Section

•Clause 32 of the Bill provides for the maintenance of a State Allied and Healthcare

•Professionals Register.

SECTION Section 271

Untitled Section

•Clause 45 of the Bill provides for Grants by Central Government to the Commission for

•being utilised for the purposes of the Bill.

SECTION Section 272

Untitled Section

•Clause 46 of the Bill provides for constitution of the National Allied and Healthcare

•Fund of the Commission.

SECTION Section 273

Untitled Section

•Clause 51 of the Bill provides for constitution of the State Allied and Healthcare

•Council Fund.

•The Department of Expenditure has approved an outlay of ninety-five crore rupees to

•meet out expenditure on the aforesaid accounts. The Bill does not envisage any other

•expenditure of recurring or non-recurring nature.

•36

•MEMORANDUM REGARDING DELEGATED LEGISLA TION

SECTION Section 274

Untitled Section

•Clause 65 empowers the Central Government to make rules for the purpose of carrying

•out the provisions of the proposed legislation. Sub-clause (2) specifies the matters in respect

•of which such rules may be made. These matters, inter alia, include- (a) qualifications and

•experience of the Part-time Members under sub-item (i) of item (d) of sub-clause (3) of clause

•3; (b) the manner of selection of the Part-time member of the Commission under sub-item

•(ii) of item (d) of sub-clause (3) of clause 3; (c) the qualification, experience and manner of

•the selection of the Part-time Member of the Commission under sub-item (iii) of item (d) of

•sub-clause (3) of clause 3; (d) the salaries, allowances and other conditions of service of the

•Chairperson and Vice-Chairperson of the Commission under sub-clause (2) of clause 4;

(e)the travelling and other allowances to the Part-time Members of the Commission under

•sub-clause (3) of clause 4; (f) the rules of procedure with respect to the transaction of

•business at meetings of the Commission under sub-clause (1) of clause 7; (g) the salaries,

•allowances and other conditions of service of the Secretary and other officers of the

•Commission under sub-clause (2) of clause 9; (h) the qualifications and experience and

•members of the Professional Council under sub-clause (1) of clause 10; (i) the form of

•application and the manner of entering the name of person in the Central Register under

SECTION Section 275

Untitled Section

•clause 16; (j) the form, manner and fee of application for certificate of registration under

•sub-clause (1) of clause 17; (k) the form of certificate of registration under sub-clause (2) of

SECTION Section 276

Untitled Section

•clause 17; (l) the fees for, and form of, duplicate certificate under sub-clause (3) of clause 17;

(m)the form, manner and fees of application for additional entry in the Central Register under

•sub-clause (1) of clause 18; (n) the qualifications, experiences and manner of appointment of

•members of Interim Commission under item (k) of sub-clause (2) of clause 20; (o) the form,

•manner, particulars and fees of scheme under item (b) of sub-clause (2) of clause 40;

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

•of clause 46; (q) the manner of application of fund for expenses incurred in discharging of

•function of the Commission under sub-clause (2) of clause 46; (r) the form and time period for

•preparing annual report of Commission under clause 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.

SECTION Section 277

Untitled Section

2.Clause 66 empowers the Commission to make regulations after public consultation

•and with the previous approval of the Central Government to carry out the purposes of the

•proposed legislation. Sub-clause (2) of clause 66 specifies the matter in respect of which

•such regulations may be made. These matters, inter alia, include- (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 item (e) of clause 11; (b) other particulars for allied and healthcare

•qualifications under item (f) of sub-clause (1) of clause 11; (c) the manner of providing

•uniform entry examination with common counselling for admission under item (g) of

•sub-clause (1) of clause11; (d) the manner of providing exit or licensing examination for allied

•and healthcare professionals under item (h) of sub-clause (1) of clause 11; (e) the manner of

•taking measures under item (k) of sub-clause (1) of clause 11; (f) the manner of containing

•information including the name of persons and qualifications relating to any of the respective

•recognised categories in the Central Register under sub-clause (1) of clause 13; (g) the

•particulars of allied and healthcare professionals to be maintained in the Central Register

•under sub-clause (1) of clause 13; (h) the manner of adopting standardised format for

•populating and maintaining the Central Register under sub-clause (2) of clause 13; (i) the

•manner of removal of name of person from Central Register under clause 19; (j) the manner of

•selection of number of members from each recognised category to the Autonomous Board

•37

•38

•under sub-clause (2) of clause 29; (k) 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-clause (6) of clause 29; (l) the manner of containing information

•including the name of persons and qualifications relating to any of the respective recognised

•categories in the State Register under sub-clause (1) of clause 32; (m) the manner of containing

•details of academic qualification diploma or degree or both and institutions, training, skill

•and competencies of allied and healthcare professionals related to their profession in the

•State Register under sub-clause (2) of clause 32; (n) the period of years that a person

•removed from State Register shall be ineligible for registration under sub-clause (2) of

SECTION Section 278

Untitled Section

•clause 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 clause 38;

(p)the recognition of corresponding allied and healthcare qualifications granted outside

•India under sub-clause (1) of clause 39; (q) the manner of entitlement of registration of

•corresponding qualifications granted by institutions outside India under sub-clause (2) of

SECTION Section 279

Untitled Section

•clause 39; (r) the basic standards of education for seeking to open a new or higher course of

•study or training under item (a) of sub-clause (5) of clause 40; (s) any other factors under item

(g)of sub-clause (5) of clause 40; (t) the manner of furnishing information by the University

•or college or institution under sub-clause (2) of clause 41; (u) the manner of verification of

•standards of education in allied and healthcare institutions by the State Council under

•sub-clause (1) of clause 42; and (v) any matter for which provision may be made by regulations.

SECTION Section 28

Untitled Section

22.Constitution and composition of State Council.

SECTION Section 280

Untitled Section

3.Clause 68 empowers the State Government to make rules for the purpose of carrying

•out the provisions of the proposed legislation. Sub-clause (2) of clause 68 specifies the

•matters in respect of which such rules may be made. These matters, inter alia, include-

(a)the qualifications and experience of the Member of the State Council under item (e) of

•sub-clause (3) of clause 22; (b) the qualifications and experience of the Member of the State

•Council under item (f) of sub-clause (3) of clause 22; (c) the travelling and other allowances

•for the Member of the State Council under sub- clause (2) of clause 23 (d) the time, place and

•manner in respect to transaction of business at meetings including quorum of State Council

•under sub- clause (1) of clause 26; (e) the salaries, allowances and other conditions of

•services of the Secretary, other officers and employees of the State Council under

•sub-clause (2) of clause 28; (f) the fee for registration in the State Register under sub- clause (1)

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

(h)the fee and form of duplicate certificate under clause 34; (i) the fee and the manner of

•payment of such fee under sub- clause (1) of clause 35; (j) the fee for restoration of name in

•the State Register under proviso to sub- clause (2) of clause 35; (k) the fee for restoration of

•name in the State Register under clause 37; (l) the manner of application of fund for expenses

•incurred in discharge of the functions of State Council under sub- clause (3) of clause 51;

(m)the form and time period for preparing annual report under clause 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.

SECTION Section 281

Untitled Section

4.Sub clause (1) of Clause 70 provides for the Central Government to amend the

•Schedule in consultation with the Commission.

SECTION Section 282

Untitled Section

5.Matters in respect of which rules, regulations and notifications may be made under

•the aforesaid provisions are the matter of procedure and administrative details and it is not

•practical to provide for them in the Bill. Delegation of legislative powers, is therefore, of a

•normal character.

•RAJYA SABHA

•————

•A

•BILL

•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.

•————

•(Dr.Harsh Vardhan, Minister of Health and Family Welfare, Minister of Science and

•Technology, and Minister of Earth Sciences)

•MGIPMRND—420RS(S3)—11-09-2020.

SECTION Section 29

Untitled Section

23.Term and conditions of service of Member.

SECTION Section 30

Untitled Section

24.Resignation and removal of Member.

SECTION Section 31

Untitled Section

25.Cessation of membership and filling up of casual vacancy of Member.

SECTION Section 32

Untitled Section

26.Meetings of State Council.

SECTION Section 33

Untitled Section

27.V acancies, etc., not to invalidate proceedings of State Council.

SECTION Section 34

Untitled Section

28.Officers and other employees of State Council.

SECTION Section 35

Untitled Section

29.Constitution and functions of Autonomous Boards.

SECTION Section 36

Untitled Section

30.Functions of State Council.

SECTION Section 37

Untitled Section

31.Constitution of Advisory Board.

SECTION Section 38

Untitled Section

32.State Allied and Healthcare Professionals' Register.

SECTION Section 39

Untitled Section

33.Registration in State Register.

SECTION Section 4

Untitled Section

1.Short title and commencement.

SECTION Section 40

Untitled Section

34.Issue of duplicate certificates.

SECTION Section 41

Untitled Section

35.Renewal of name of Allied Healthcare Professional in the State Register.

SECTION Section 42

Untitled Section

36.Removal of name of a person from State Register.

SECTION Section 43

Untitled Section

37.Restoration of name of a person in the State Register.

SECTION Section 44

Untitled Section

38.Recognition of person offering services prior to commencement of Act.

SECTION Section 45

Untitled Section

•CHAPTER IV

•R

•ECOGNITION AND RECIPROCITY

SECTION Section 46

Untitled Section

39.Recognition of allied and healthcare institutions and reciprocity.

SECTION Section 47

Untitled Section

•CHAPTER V

•ESTABLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTION

SECTION Section 48

Untitled Section

40.Permission for establishment of new allied and healthcare institutions, new

•courses of study, etc.

SECTION Section 49

Untitled Section

41.Power to require information from allied and healthcare institutions.

SECTION Section 5

Untitled Section

2.Definitions.

SECTION Section 50

Untitled Section

42.Recognition of allied and healthcare qualifications by State Council.

SECTION Section 51

Untitled Section

43.Withdrawal of recognition.

SECTION Section 52

Untitled Section

44.Failure to maintain minimum essential standards by allied and healthcare

institutions.

SECTION Section 53

Untitled Section

•CHAPTER VI

•F

•INANCE, ACCOUNTS AND AUDIT

SECTION Section 54

Untitled Section

45.Grants by Central Government.

SECTION Section 55

Untitled Section

46.National Allied and Healthcare Fund.

SECTION Section 56

Untitled Section

47.Accounts and audit of Commission.

•(ii)

SECTION Section 58

Untitled Section

48.Annual report of Commission.

SECTION Section 59

Untitled Section

49.Returns and information.

SECTION Section 6

Untitled Section

•CHAPTER II

•N

•ATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION

SECTION Section 60

Untitled Section

50.Grants by State Government.

SECTION Section 61

Untitled Section

51.State Allied and Healthcare Council Fund.

SECTION Section 62

Untitled Section

52.Accounts and audit of State Council.

SECTION Section 63

Untitled Section

53.Annual report of State Council.

SECTION Section 64

Untitled Section

54.Authentication of orders, etc.

SECTION Section 65

Untitled Section

55.Practice by allied and healthcare professionals.

SECTION Section 66

Untitled Section

•CHAPTER VII

•O

•FFENCES AND PENALTIES

SECTION Section 67

Untitled Section

56.Penalty for falsely claiming to be entered in Central Register and State register.

SECTION Section 68

Untitled Section

57.Misuse of titles.

SECTION Section 69

Untitled Section

58.Failure to surrender certificate of registration.

SECTION Section 7

Untitled Section

3.Constitution and composition of Commission.

SECTION Section 70

Untitled Section

59.Penalty for contravention of provisions of Act.

SECTION Section 71

Untitled Section

60.Cognizance of offences.

SECTION Section 72

Untitled Section

•CHAPTER VIII

•M

•ISCELLANEOUS

SECTION Section 73

Untitled Section

61.Bar of jurisdiction.

SECTION Section 74

Untitled Section

62.Protection of action taken in good faith.

SECTION Section 75

Untitled Section

63.Direction by Central Government.

SECTION Section 76

Untitled Section

64.Act to have overriding effect.

SECTION Section 77

Untitled Section

65.Power of Central Government to make rules.

SECTION Section 78

Untitled Section

66.Power to make regulations.

SECTION Section 79

Untitled Section

67.Laying of rules and regulations.

SECTION Section 8

Untitled Section

4.Term of office and conditions of service of Members.

SECTION Section 80

Untitled Section

68.Power of State Government to make rules.

SECTION Section 81

Untitled Section

69.Power to remove difficulties.

SECTION Section 82

Untitled Section

70.Power to amend Schedule.

•THE SCHEDULE.

•(iii)

•1

•THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE

•PROFESSIONS BILL, 2020

•A

•BILL

•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.

•B

•E it enacted by Parliament in the Seventy-first Y ear of the Republic of India as

•follows: —

SECTION Section 83

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 84

Untitled Section

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

•Professions Act, 2020.

•Short title and

commencement.

•AS INTRODUCED IN THE RAJY A SABHA

•Bill No. XXXII of 2020

•5

•2

(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.

SECTION Section 85

Untitled Section

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

SECTION Section 86

Untitled Section

•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.5

•10

•15

•20

•25

•30

•35

•40

•45

•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.

SECTION Section 87

Untitled Section

•CHAPTER II

•N

•ATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION

SECTION Section 88

Untitled Section

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 education 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 education—

•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 Ministry of Human

•Resources and Development—ex officio Member;

•3 of 1956.

•Constitution

•and

•composition of

Commission.

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•(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 Member,—

(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

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•prescribed by the Central Government on biennial rotation of professions by a

•committee comprising of Chairperson, Vice-Chairperson and the ex officio

•Member under clause (b); 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.

SECTION Section 89

Untitled Section

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.

SECTION Section 9

Untitled Section

5.Resignation and removal of Members.

SECTION Section 90

Untitled Section

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.

SECTION Section 91

Untitled Section

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 Section 92

Untitled Section

•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.

SECTION Section 93

Untitled Section

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.

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(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.

SECTION Section 94

Untitled Section

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.

SECTION Section 95

Untitled Section

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.

SECTION Section 96

Untitled Section

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.

SECTION Section 97

Untitled Section

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.

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(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 the 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 the 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 the 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 the 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 the 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.

SECTION Section 98

Untitled Section

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.

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

•Chairperson of the Advisory Council.

SECTION Section 99

Untitled Section

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 the 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 the 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.