A Bill to provide for regulation and maintenance of standards of education and services by

allied and healthcare professionals and the maintenance of a Central Register of

Allied and Healthcare Professionals and for matters connected therewith or incidental

thereto.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Allied and Healthcare Professions Act, 2018.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) 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.

Short title,

extent and

commencement.

RAJYA SABHA

————

The following Bill has been introduced in Rajya Sabha on the 31st December, 2018:—

BILL NO. LX OF 2018

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 26]

NEW DELHI, MONDAY, DECEMBER 31, 2018/PAUSH 10, 1940 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

REGISTERED NO. DL—(N)04/0007/2003—18

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

(a) “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;

(b) “allied and healthcare professional” means any allied health professional or

healthcare professional under this Act;

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;

(d) “allied and healthcare qualification” means any qualification possessed by

an allied and healthcare professional under this Act;

(e) “Central Register” means the Central Allied and Healthcare Professionals’

(f) “Council” means the Allied and Healthcare Council of India constituted under

sub-section (1) of section 3;

(g) “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;

(h) “member” means a member of the Council or a State Council, as the case may

be, including the Chairperson of any such Council;

(i) “notification” means a notification published in the Official Gazette and the

expression “notified” shall be construed accordingly;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “recognised categories” means any category of the allied and healthcare

professionals specified in the Schedule;

(l) “regulations” means the regulations made by the Council under section 62;

(m) “Schedule” means a Schedule annexed to this Act;

(n) “State Council” means a State Allied and Healthcare Council constituted

under sub-section (1) of section 20;

(o) “State Register” means the State Allied and Healthcare Professionals’ Register

maintained under section 29; and

(p) “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.

CHAPTER II

ALLIED AND HEALTHCARE COUNCIL OF INDIA

3. (1) With effect from such date as the Central Government may, by notification,

appoint in this behalf, there shall be constituted a Council to be called the Allied and Healthcare

Council of India for exercising such powers and discharging such duties laid down under

this Act.

Definitions.

3 of 1956.

Constitution

and

composition

of Council.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The 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 Council shall consist of a Chairperson, to be elected from amongst the members

specified in clauses (l), (m) and (n), and the following members, namely:—

(a) Joint Secretary to the Government of India in the Department of Legal Affairs,

Ministry of Law and Justice—member ex officio;

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

Family Welfare in charge of Medical Education–member ex officio;

member ex officio;

(d) Joint Secretary to the Government of India in the Department of Higher

Education, Ministry of Human Resource Development–member ex officio;

(e) Joint Secretary to the Government of India in the Department of Empowerment

of Persons with Disabilities, Ministry of Social Justice and Empowerment–member

ex officio;

(f ) Joint Secretary to the Government of India in the Ministry of Skill Development

and Entrepreneurship–member ex officio;

(g) One representative of the Ministry of Defence not below the rank of Joint

Secretary to the Government of India in the Directorate General of Armed Forces

Medical Services–member ex officio;

(h) One person representing the NITI Aayog not below the rank of Joint Secretary

to the Government of India–member ex officio;

(i) One person representing the Directorate General of Health Services not below

the rank of Deputy Director General–member ex officio;

(j) Three persons representing out of the following, on biennial rotation basis in

the alphabetical order, not below the rank of Deputy Secretary, member ex officio—

(i) Atomic Energy Regulatory Board;

(ii) Dental Council of India;

(iii) Indian Nursing Council;

(iv) Medical Council of India;

(v) Pharmacy Council of India; and

(vi) Rehabilitation Council of India;

(k) Two persons not below the rank of Director or Medical Superintendent

representing the following, on biennial rotation basis—

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

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

(iii) Jawaharlal Institute of Postgraduate Medical Education and Research,

Puducherry; and

(iv) North Eastern Indira Gandhi Regional Institute of Health and Medical

Sciences, Shillong—member ex officio;

(l) 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—member;

(m) Two persons each representing the recognised categories, namely, Medical

Laboratory Sciences, Medical Radiology, Imaging and Therapeutic Technology,

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Ophthalmic Sciences and Physiotherapy; and one person each representing the rest

of the recognised categories listed in the Schedule, to be nominated by the Central

Government having such qualifications and experience as may be prescribed by the

Central Government–member; and

(n) Two persons, representing charitable institutions engaged in education or

services in connection with any recognised category, to be nominated by the Central

Government having such qualifications and experience as may be prescribed by the

Central Government–member.

4. (1) The members nominated under clauses (l), (m) and (n) of sub-section (3) of

section 3 shall hold office for a term not exceeding two years, as the Central Government may

notify in this behalf, from the date on which they enter upon their office.

(2) The members nominated to the Council under clauses (l), (m) and (n) of

sub-section (3) of section 3 shall be eligible for re-nomination for a maximum of three terms.

(3) The members nominated to the Council under clauses (l), (m) and (n) of

sub-section (3) of section 3 shall receive such travelling and other allowances as may be

prescribed by the Central Government.

5. (1) Notwithstanding anything contained in sub-section (1) of section 4, a member

nominated to the Council under clauses (l), (m) and (n) of sub-section (3) of section 3 may—

(i) relinquish his office by giving in writing to the Central Government notice

of not less than three months; or

(ii) be removed from his office if he—

(a) has been adjudged insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central

Government, involves moral turpitude; or

(d) has acquired such financial or other interest as is likely to affect

prejudicially his functions as a member; or

(e) has so abused his position as to render his continuance in office

prejudicial to the public interest.

(2) No member shall be removed from his office under clause (d) or clause (e)

of sub-section (1) unless he has been given a reasonable opportunity of being heard in the

matter.

6. (1) A member under clauses (a) to (k) of sub-section (3) of section 3, shall cease to

be member of the Council on his cessation to the service by virtue of which he was

appointed as a member of the Council.

(2) A member nominated under clause (l) of sub-section (3) of section 3, shall cease to

be member of the Council on removal of his name from the register of the State Council.

(3) The Chairperson or any other member appointed under any casual vacancy in the

Council under sub-section (3) of section 3, shall hold office only for the remainder of the

term of the member in whose place he has been appointed.

7. (1) The 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 Central Government.

(2) The Chairperson or, if for any reason, he is unable to attend a meeting of the

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 Council shall be decided by

a majority of the members present and voting, and in the event of an equality of votes, the

Chairperson or in his absence, the member presiding, shall have a second or casting vote.

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

Council.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

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

(b) any defect in the appointment of a person acting as a member of the

Council; or

case.

9. (1) Subject to such rules as may be made by the Central Government in this behalf,

the Council may appoint a Chief Executive Officer and other officers and employees as it may

think necessary for the efficient performance of its functions under the Act.

(2) The salary and allowances payable to, and other conditions of service of the

Chief Executive Officer and other officers and employees of the Council appointed under

sub-section (1) shall be such as may be prescribed by the Central Government.

10. It shall be the duty of the Council 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 Council 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;

(d) provide minimum 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;

(e) 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;

(f) provide for or cause to be provided 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;

(g) provide for a uniform exit or licensing examination for the allied and healthcare

professionals in the manner as may be specified by the regulations;

(h) provide strategic framework for rational deployment of skilled manpower,

performance management system, task shifting and associated career development

pathways for allied and healthcare professionals; and

(i) 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.

11. (1) The Council shall constitute as many professional advisory bodies as may be

necessary to examine specific issues relating to one or more recognised categories and

recommend or advise the Council thereon and also undertake any other activity as may be

authorised by the Council.

(2) A professional advisory body constituted under sub-section (1) shall be presided

over by a member to be nominated by the Chairperson of the Council from amongst the

members referred to in clause (m) of sub-section (3) of section 3.

Vacancies,

etc., not to

invalidate

proceedings of

Council.

Functions of

Council.

Officers and

other

employees of

Council.

Professional

advisory

bodies of

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) Where there is no representation from a particular recognised category to chair the

professional advisory body, the Chairperson of the Council may nominate any other member

of the Council to chair the professional advisory body.

12. (1) The Council shall cause to maintain a 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 names of persons who

possess 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 Council 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

Council.

13. Subject to the conditions and restrictions laid down in this Act regarding practice

by persons 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 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.

14. 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

signed or authenticated by a duly qualified allied and healthcare professional.

15. The Council may, on receipt of the report of registration of a person in a State

be prescribed by the Central Government, enter his name in the Central Register.

16. (1) Any person whose name has been entered in the Central Register 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 a certificate of registration.

(2) On receipt of an application under sub-section (1), the Council 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 Chief Executive Officer of the Council

that a certificate of registration has been lost or destroyed, the Chief Executive Officer may,

on payment of such fees, issue a duplicate certificate in such form as may be prescribed by

the Central Government.

17. (1) If any person whose name is entered in the Central Register obtains any other

qualification in any recognised category 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 qualification made against his name in

the Central 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’

Privileges for

enrolment on

Central

Rights of

persons who

are enrolled

on Central

1 of 1872.

Registration in

Central

Issue of

certificate of

registration.

Registration

of additional

qualifications.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

18. If the name of any person enrolled on a State Register is removed there from in

pursuance of any power conferred under this Act, the Council 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, the certificate of registration shall cease to be valid.

19. (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 Council,

till a regular Council is constituted under section 3.

(2) The interim Council 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—Chairperson;

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

and Family Welfare in charge of Medical Education—member;

AYUSH —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 Ministry of Defence not below the rank of Joint

Secretary to the Government of India in the Directorate General of Armed Forces

Medical Services—member;

(h) One representative of NITI Aayog not below the rank of Joint Secretary

to the Government of India — member;

(i) One representative of the Directorate General of Health Services not below

the rank of Deputy Director General—member;

(j) One representative of the Dental Council of India not below the rank of

Deputy Secretary—member;

(k) One representative of the Indian Nursing Council not below the rank of

Deputy Secretary—member;

(l) One representative of the Medical Council of India not below the rank of

Deputy Secretary—member;

(m) One representative of the Pharmacy Council of India not below the rank

of Deputy Secretary—member;

(n) One representative of the Rehabilitation Council of India not below the

rank of Deputy Secretary—member; and

(o) One representative of the Atomic Energy Regulatory Board not below the

rank of Deputy Secretary—member.

(3) The interim Council shall discharge the functions assigned to the Council till the

regular Council is constituted by the Central Government.

(4) The interim Council shall follow its own procedures in discharge of its duties.

Removal of

name from

Central

Interim

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER III

STATE ALLIED AND HEALTHCARE COUNCIL

20. (1) Every State Government shall, by notification, within six months from the date

of commencement of this Act, constitute a Council to be called the State Allied and Healthcare

Council for exercising such powers and discharging such duties 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 a Chairperson, to be elected from amongst the

members specified in clauses (d) and (e), and the following members, namely:—

(a) One Director or Additional Director or Joint Director representing medical or

health sciences in the State Government—member, ex officio;

(b) Four persons from the following State Chapters, not below the rank of

Deputy Secretary—member, ex officio—

(i) Dental Council of India;

(ii) Indian Nursing Council;

(iii) Medical Council of India; and

(iv) Pharmacy Council of India;

below the rank of Dean or Head of the Department—member, ex officio;

(d) Two persons each representing the recognised categories, namely, Medical

Laboratory Sciences, Medical Radiology, Imaging and Therapeutic Technology,

Ophthalmic Sciences and Physiotherapy, and one person each representing the rest

of the recognised categories listed 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

(e) 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.

21. (1) The members nominated under clauses (d) and (e) of sub-section (3) of

section 20 shall hold office for a term not exceeding two years, as the State Government may

notify in this behalf, from the date on which they enter upon their office.

(2) The members nominated to the State Council under clauses (d) and (e) of

sub-section (3) of section 20 shall be eligible for re-nomination for a maximum of three terms.

(3) The members nominated to the State Council under clauses (d) and (e) of

sub-section (3) of section 20 shall receive such travelling and other allowances as may be

prescribed by the State Government.

22. (1) Notwithstanding anything contained in sub-section (1) of section 21, a

member nominated to the State Council under clauses (d) and (e) of sub-section (3) of

section 20 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

Constitution

and

composition

of State Allied

and

Healthcare

Council.

Term of office

and conditions

of service of

members.

Resignation

and removal

of members.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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.

23. (1) A member nominated under clause (a) or clause (b) or clause (c) of

sub-section (3) of section 20, 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 20, shall hold office only for the remainder of

the term of the member in whose place he has been appointed.

24. (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 or, 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 or in his absence, the member presiding, shall have a second or

casting vote.

25. 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

of the case.

26. (1) Subject to such rules as may be made by the State Government in this behalf,

the State Council may appoint a Chief Executive Officer and such other employees as it may

think necessary for the efficient performance of its functions under the Act.

(2) The salary and allowances payable to and other conditions of service of the

Chief Executive Officer, other officers and employees of the State Council appointed under

sub-section (1) shall be such as may be prescribed by the State Government.

27. It shall be the duty of the State Council 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 State Council may—

(a) enforce the professional conduct, code of ethics and etiquette to be observed

by the allied and healthcare professionals 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;

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;

Cessation of

membership

and filling up

of casual

vacancy of

member.

Meetings of

State Council.

Vacancies,

etc., not to

invalidate

proceedings

of State

Council.

Officers and

other

employees of

State Council.

Functions of

State Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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 Council; and

(g) perform such other functions as may be entrusted to it by the State

Government or as may be necessary for implementation of the provisions of this Act.

28. (1) The State Council shall constitute as many professional advisory bodies as

may be necessary to examine specific issues relating to one or more recognised categories

and recommend or advise the State Council thereon and also undertake any other activity as

may be authorised by the State Council.

(2) A professional advisory body constituted under sub-section (1) shall be presided

over by a member to be nominated by the Chairperson of the State Council, from amongst

the member referred to in clause (d) of sub-section (3) of section 20.

(3) Where there is no representation from a particular recognised category to chair the

professional advisory body, the Chairperson of the State Council may nominate any other

member of the State Council to chair the professional advisory body.

29. (1) The State Allied and Healthcare Professionals’ Council shall cause to maintain

a register of persons in separate parts in each of the recognised categories to be known as

the State Allied and Healthcare Professionals’ Register which shall contain information

including the names of persons who possess qualifications relating to any of their respective

recognised categories, in the manner as may be specified by the regulations.

(2) 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.

30. (1) A person shall be entitled, on an application and on payment of the fee

prescribed by the State Government, to have his name entered on the State Register if he

resides in the State and holds a recognised allied and healthcare qualification.

(2) Upon the application to the Chief Executive Officer of 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:

Provided that no person, whose name has under the provisions of this Act been

removed from the State Register of any State, shall be entitled to have his name entered on

the State Register of another State except with the approval of the State Council from whose

(3) Any person whose application for registration is rejected by the Chief Executive

Officer of the State Council may, within three months from the date of such rejection, appeal

to the State Council.

(4) A person aggrieved by the decision of the State Council under sub-section (3) may,

within sixty days from the communication to him of such decision, appeal to the State

Government.

(5) Upon entry in the State Register of a name under this section, the Chief Executive

Officer of the State Council shall issue to the applicant a certificate of registration in such

form as may be prescribed by the State Government.

31. Where it is shown to the satisfaction of the Chief Executive Officer 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.

32. (1) There shall be paid in every five years to the State Council, such fee in such

manner and with such conditions as may be prescribed by the State Government for renewal

of name of allied and healthcare professional in the State Register.

Professional

advisory

bodies of State

Council.

1 of 1872.

State Allied

and

Healthcare

Professionals’

Registration in

State Register.

Issue of

duplicate

certificates.

Renewal fees.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) Where the fee referred to in sub-section (1) is not paid within the specified period,

the Chief Executive Officer 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 referred to in this section, the Chief Executive Officer of the

State Council shall issue a certificate of renewal and such certificate shall be the proof of

renewal of registration.

33. (1) Subject to the provisions of this section, the State Council may order that the

name of any person shall be removed from the State Register where it is satisfied after giving

that person a reasonable opportunity of being heard and after such further inquiry, if any, as

it may think fit to make—

(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.

(2) An order under sub-section (1) may direct that any person whose name is ordered

to be removed from the State Register shall be ineligible for registration under this Act, either

permanently or for such period of years 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 sixty days from

the communication to him of such order, appeal to the Council.

(5) A person whose name has been removed from the State Register under this section

or under sub-section (2) of section 32 shall forthwith surrender his certificate of registration

and certificate of renewal, if any, to the State Council and the name so removed shall be

published on the website of the State Council, in the Official Gazette and at least 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

been removed.

34. The State Council may, at any time for reasons appearing to it sufficient and

subject to the approval of the Council 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, published

in the Official Gazette and at least in one daily local newspaper in vernacular language.

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

before the commencement of this Act shall be allowed to register under the provisions of

this Act within two years from such commencement in the manner as may be specified by the

regulations.

CHAPTER IV

RECOGNITION AND RECIPROCITY

36. (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 referred to in

sub-section (1) shall be entitled for registration under this Act in the manner as may be

specified by the regulations.

Removal from

State Register.

Restoration to

State Register.

Recognition of

persons offering

services prior to

commencement

of Act.

Recognition

of allied and

healthcare

institutions

and

reciprocity.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The Central Government, after consultation with the Council, may by notification,

direct that the corresponding qualifications referred to in 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 allied and healthcare professionals 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;

(b) shall be limited to the institution to which they are attached for the time

being, for the purpose of teaching, research work, or charitable work; and

by general or special order.

(4) In respect of any such qualifications other than those referred to in

sub-section (1), the Central Government may, after consulting the Council, by notification,

direct that it shall be recognised allied and healthcare qualifications only when granted

before a specified date.

(5) The Council 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 qualifications, and in pursuance of any such scheme, the corresponding

qualification which the Council has decided to grant should be recognised by notification

by the Central Government.

CHAPTER V

ESTABLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTIONS

37. (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 postgraduate

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 postgraduate course of study or training); or

(iii) admit a new batch of students in any course of study or training

(including postgraduate course of study or training),

except with the previous permission of the 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 prior permission of the Council shall

not be a recognised allied and healthcare qualification for the purposes of this Act:

Provided further that permission and certification in respect of courses for skilled

health workers shall include aides or assistants providing assistive services under supervision

and have formal training duration of not less than two thousand hours related to the allied

and healthcare streams.

Explanation.—For the purposes of this section,—

(a) “person” includes any University, institution or a trust, but does not include

the Central or State Government;

Permission for

establishment

of new allied

and healthcare

institutions,

new courses of

study, etc.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) “admission capacity”, in relation to any course of study or training (including

postgraduate course of study or training) in an allied and healthcare institution, means

the maximum number of students as may be decided by the Council from time to time

for being admitted to such course of study or training.

(2) (a) Every person or allied and healthcare institution shall, for the purpose of

obtaining permission under sub-section (1), submit to the 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 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 Council;

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

(4) The Council may, after considering the scheme and after obtaining, where necessary,

such other particulars 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 scheme shall be disapproved by the 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 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 Council, while passing an order, either approving or disapproving the scheme

under sub-section (4), shall 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 minimum standards of education as may be specified

by the Council 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;

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;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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 prescribed by the Central Government.

(6) Where the Council passes an order either approving or disapproving a scheme

under sub-section (4), a copy of the order shall be communicated to the person or allied and

healthcare institution concerned.

38. (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 professional 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 Council such

information in such manner as may be prescribed by the Central Government.

39. (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 recommending to the

Council 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 any report of verification of standards to

the allied and healthcare institution concerned, and a copy with remarks of the institution

thereon, to the Council.

40. (1) Where, upon report of verification of standards referred to in sub-section (3)

of section 39, it appears to the State Council—

(a) that the courses of study and examination to be undergone in, or the

proficiency required from candidates at any examination held by, any allied and

healthcare institution, or

(b) that the staff, equipment, accommodation, training and other facilities for

instruction and training provided in such allied and healthcare institution,

do not conform to the standards specified by the Council, the State Council shall make a

representation to that effect to the Council.

(2) After considering such representations, and on such enquiry as it may deem fit, the

Council may by order withdraw recognition granted to the allied and healthcare institution:

Provided that before any order of withdrawal is passed, the Council 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.

(3) The Council 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

Power to

require

information

from allied and

healthcare

institutions.

Verification of

standards by

State Council.

Withdrawal of

recognition.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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, as the case may be; or

allied and healthcare institution only when granted after a specified date.

CHAPTER VI

FINANCE, ACCOUNTS AND AUDIT

41. The Central Government may, after due appropriation made by Parliament by law in

this behalf, make to the Council grants of such sums of money as the Central Government

may think fit for being utilised for the purposes of this Act.

42. (1) There shall be constituted a Fund to be called the Allied and Healthcare Council

of India Fund and there shall be credited thereto—

(a) all moneys received from the Central Government;

(b) all moneys received by the Council by way of grants, gifts, donations,

benefactions, bequests and transfers; and

source as may be decided upon by the Central Government.

(2) The fund referred to in sub-section (1) shall be applied for the expenses of the

Council incurred in discharge of its functions and purposes of this Act, in the manner as

may be prescribed by the Central Government.

43. (1) The 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 Central

Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the 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 Council 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 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 Council.

(4) The accounts of the 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 Central Government and that Government shall cause the

same to be laid before each House of Parliament.

44. The Council 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.

45. The Council shall furnish to the Central Government such reports, returns and

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

46. 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.

Grants by

Central

Government.

Allied and

Healthcare

Council of

India Fund.

Accounts and

audit of

Council.

Annual report

of Council.

Returns

and

information.

Grants by

State

Government.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

47. (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 moneys received from the State Government;

(b) all moneys received by the State Council by way of grants, gifts, donations,

benefactions, bequests and transfers; and

other source as may be decided upon by the State Government.

(2) The Fund referred to in sub-section (1) shall be applied for the expenses of the

State Council incurred in discharge of its functions and purposes of this Act, in the manner

as may be prescribed by the State Government.

48. (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.

(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.

49. 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.

50. All orders and decisions of the Council or the State Council, as the case may be,

and the instruments issued by it shall be authenticated by the Chief Executive Officer or any

other officer authorised by the Chairperson in this behalf.

51. No allied and healthcare professional shall discharge any duty or perform any

function not authorised by this Act or any treatment not authorised by the field of his

profession.

CHAPTER VII

OFFENCES AND PENALTIES

52. 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.

State Allied

and

Healthcare

Council Fund.

Accounts and

Audit of State

Council.

Annual Report

of State

Council.

Authentication

of orders, etc.

Practice by

allied and

healthcare

professionals.

Penalty for

falsely claiming

to be registered.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

53. 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 licence 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.

54. If any person whose name has been removed from the Central Register or a State

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.

55. 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.

56. (1) No court shall take cognizance of any offence punishable under this Act

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

the Council or the State Council, as the case may be.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of

the first class shall try any offence punishable under this Act.

CHAPTER VIII

MISCELLANEOUS

57. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any order made by the Council or the 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.

58. No suit, prosecution or other legal proceeding shall lie against the Central

Government or State Government or against the Chairperson or any other member of the

Council or the State Council or the professional advisory bodies, 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 official duties.

59. (1) The Central Government may, from time to time, issue such directions to the

Council as in the opinion of said Government are conducive for the fulfilment of the objects

of this Act and in the discharge of its functions, the Council shall be bound to carry out any

such directions.

(2) Any direction issued under sub-section (1) may include directions to the Council

to make any regulations or to amend or revoke any regulations already made.

60. 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.

61. (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 power under

sub-section (1), such rules may provide for all or any of the following matters, namely:—

Misuse of

titles.

Penalty for

contravention

of provisions

of Act.

Failure to

surrender

Certificate of

Registration.

Cognizance of

offences.

Bar of

Jurisdiction.

Protection of

action taken

in good faith.

Directions by

Central

Government.

Act to have

overriding

effect.

Power of

Central

Government

to make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(a) the qualifications and experience of the member of the Council under

clause (l) of sub-section (3) of section 3;

(b) the qualifications and experience of the member of the Council under

clause (m) of sub-section (3) of section 3;

clause (n) of sub-section (3) of section 3;

(d) the travelling and other allowances to the member of the Council under

sub-section (3) of section 4;

(e) the time, place and rules of procedure with respect to the transaction of

business at meetings including the quorum of Council under sub-section (1) of section 7;

(f) the salary, allowances and other conditions of service of the Chief Executive

Officer and other officers and employees of the Council under sub-section (2) of

section 9;

(g) the form and manner of application for registration in the Central Register

under section 15;

(h) the form, manner and fee of application for certificate of registration under

sub-section (1) of section 16;

(i) the form of certificate of registration under sub-section (2) of section 16;

(j) the fee and form for issuance of duplicate certificate under sub-section (3) of

section 16;

(k) the form, manner and fees of application for additional entry in the Register

under sub-section (1) of section 17;

(l) the form, manner, particulars and fees for scheme under clause (b) of

sub-section (2) of section 37;

(m) the other factors to be considered by the Council and Central Government

related to the scheme under clause (g) of sub-section (5) of section 37;

(n) the manner and particulars of information to be provided by the University

or college or institution to the Council under sub-section (2) of section 38;

(o) the manner of discharge of the functions of the Council under

sub-section (2) of section 42;

(p) the form and time period for preparing annual report of the Council under

section 44; and

(q) 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.

62. (1) The Council may, with the previous sanction 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 details of the recognised allied and healthcare qualifications including

the name of course, entry criteria, duration and such other particulars under clause (e)

of section 10;

(b) the manner of providing uniform entry examination with common counselling

for admission under clause (f) of section 10;

of section 10;

Power to make

regulations.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) the particulars of allied and healthcare professionals to be maintained in the

Central Register under sub-section (1) of section 12;

(e) the standardised format for populating and maintaining the Central Register

under sub-section (2) of section 12;

(f) the manner of removal of name of a person from the Central Register under

section 18;

(g) the particulars of allied and healthcare professionals to be maintained in the

State Register under sub-section (1) of section 29;

(h) the period of years that a person removed from the State Register shall be

ineligible for registration under sub-section (2) of section 33;

(i) the manner of registration of persons who offer services in any of the

recognised categories on or before the commencement of this Act under section 35;

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

outside India under sub-section (1) of section 36;

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

institutions outside India under sub-section (2) of section 36;

(l) the minimum 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 37;

(m) the manner of verification of standards of education in allied and healthcare

institutions by the State Council under sub-section (1) of section 39; and

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

63. Every rule made by the Central Government, and the regulations made by the

Council, 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.

64. (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 power under

sub-section (1), such rules may provide for the following matters, namely:—

(a) the qualifications and experience of the member of the State Council under

clause (d) of sub-section (3) of section 20;

(b) the qualifications and experience of the member of the State Council under

clause (e) of sub-section (3) of section 20;

sub-section (3) of section 21;

(d) the time, place and rules of procedure with respect to transaction of business

at meetings including the quorum of State Council under sub-section (1) of section 24;

(e) the salary, allowances and other conditions of services of the Chief Executive

Officer, other officers and employees of the State Council under sub-section (2) of

section 26;

(f) the fee for registration in the State Register under sub-section (1) of

section 30;

(g) the form for issuance of certificate of registration in the State Register under

sub-section (5) of section 30;

(h) the fee and form for issuance of duplicate certificate under section 31;

Laying of

rules and

regulations.

Power of State

Government

to make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(i) the fee for renewal of name in the State Register, the manner and the conditions

for renewal under sub-section (1) of section 32;

(j) the fee for restoration of name in the State Register under the proviso to

sub-section (2) of section 32;

(k) the fee for restoration of name in the State Register after approval of the

Council under section 34;

(l) the manner of discharge of the functions of the State Council under

sub-section (2) of section 47;

(m) the form and time period for preparing annual report of the State Council

under section 49; 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.

65. (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 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.

66. (1) The Central Government may, after consultation with the Council, 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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

THE SCHEDULE

[See Section 2(k)]

Serial

Recognised Category

Allied and Healthcare

ISCO

Number

Professional

Code

(1)

(2)

(3)

(4)

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.

Trauma and Burn Care Professional

Note: Trauma and Burn care professional is a

person who provides advisory, diagnostic,

curative and preventive medical services more

limited in scope and complexity than those

carried out by a medical doctor including

emergency and burn care technologist who work

autonomously, or with limited supervision of

medical doctors and apply advanced clinical

procedures for treating and preventing injuries

and other physical impairments.

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,

mobilisation, manipulations, electrical and

thermal agents and other electro therapeutics

(i) Biotechnologist

(ii) Biochemist (non-

clinical)

(iii) Cell Geneticist

(iv) Microbiologist

(non-clinical)

(v) Molecular Biologist

(non-clinical)

(vi) Molecular

Geneticist

(vii) Environment

Protection Officer

(viii) Ecologist

(ix) Biomedical

Engineer

(x) Medical Equipment

Technologist

(xi) Occupational

Health and Safety

Officer (Inspector)

(i) Burn Care Technologist

(ii) Emergency Medical

Technologist (Paramedic)

(iii) Advance Care Paramedic

Physiotherapist

2133

2149

3211

3257

2240

2264

3258

2240

2131

2133

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(1)

(2)

(3)

(4)

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.

Nutrition Science Professional

Note: Nutrition Science Professional is a person

who follows a scientific process to assess, plan

and implement programs to enhance the impact

of food and nutrition on health, promote good

health, prevent and treat disease to optimize the

health of individuals, groups, communities and

populations as well as on human health with

training in food and nutritional science, nutrition,

dietetics.

Ophthalmic Sciences Professional

Note: Ophthalmic Sciences Professional is a

person who studies eye, related ailments and

specialises in the management of disorders of

eye and visual system, limited in scope and

complexity as performed by a medical doctor

having Optometrists with a minimum of four years

of baccalaureate degree and Ophthalmic

assistants with a minimum of a two years diploma

program in Ophthalmic Sciences.

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

in the occupations they are expected to do, or

by modifying the occupation or the environment

to better support their occupational

engagement.

Behavioural Health Sciences Professional

Note: Behavioural Health Science 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

(i) Dietician (including

Clinical Dietician, Food

Service Dietician)

(ii) Nutritionist (including

Public Health Nutritionist,

Sports Nutritionist)

(i) Optometrist

(ii) Ophthalmic

Assistant

(i) Occupational

Therapist

(ii) Movement

Therapist (including

Art, Dance and

Movement Therapist or

Recreational Therapist)

(iii) Podiatrist

(i) Psychologist

(Except Clinical

Psychologist covered

under RCI for PWD)

(ii) Behavioural

Analyst

(iii) Integrated

Behavior Health

Counsel

(iv) Health Educator

including Disease

Counsellors, Diabetes

Educators, Lactation

Consultants

2265

2267

3256

2269

2634

2635

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

individuals, families, groups and communities

in response to social and personal difficulties.

Primary, Community and other Miscellaneous

Care Professional

Note: Primary and Community Care Professional

is a person who provides health education,

referral and follow up, case management and

basic preventive health care 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.

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,

sonography, mammography, nuclear medical

technology, Magnetic Resonance Imaging,

Dosimetry or radiotherapy, under the

supervision of a radiologist or other medical

professional.

10.

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

spectrophotometers, calorimeters and flame

photometers for analysis of biological material

including blood, urine and spinal fluid.

(v) Human

Immunodeficiency

Virus (HIV)

Counsellors or Family

Planning Counsellors

(vi) Mental Health

Support Workers

Community Health

promoters

(i) Medical Physicist

(ii) Nuclear Medicine

Technologist

(iii) Radiology and

Imaging Technologist

(Diagnostic Medical

Radiographer, Magnetic

Resonance Imaging

(MRI), Computed

Tomography (CT),

Mammographer,

Diagnostic Medical

Sonographers)

(iv) Radiotherapy

Technologist

(v) Dosimetrist

(vi) Electrocardiogram

(ECG) Technologist or

Echocardiogram (ECHO)

Technologist

(i) Cytotechnologist

(ii) Forensic Science

Technologist

(iii) Histotechnologist

(iv) Hemato technologist

(v) Medical Lab

technologist

(1)

(2)

(3)

(4)

3259

3253

2111

3211

3212

3211

3212

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

11.

Health and Information Management

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.

12.

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.

13.

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 equipments related

therein and includes professionals such as

Perfusionist, Cardiovascular technologist,

respiratory technologist and Sleep lab

technologists.

14.

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.

(i) Health Information

Management

Professional (including

Medical Records

Analyst)

(ii) Health Information

Management

Technologist

(iii) Clinical Coder

(iv) Medical Secretary

and Medical

Transcriptionist

Physician Associates

and Assistants

(i) Cardiovascular

Technologists

(ii) Perfusionist

(iii) Respiratory

Technologist

(iv)Electroencephalogram

(EEG) or Electro-

neurodiagnostic (END)

or Electromyography

(EMG) Technologists or

Neuro Lab

Technologists or Sleep

Lab Technologists

Dialysis Therapy

Technologists or

Urology Technologists

(1)

(2)

(3)

(4)

3252

3344

3252

3256

3259

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

15.

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,

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 anaesthetists in

any other related clinical area.

(1)

(2)

(3)

(4)

(i) Anaesthesia

Assistants and

Technologists

(ii) Operation Theatre

(OT) Technologists

(iii) Endoscopy and

Laparoscopy

Technologists

3259

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

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 and despite the anticipated growth in jobs there shall be projected

shortage of fifteen million health workers to achieve the sustainable development goals in

low and lower middle income countries. 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.

2. Considering the age as a factor, India is one of the youngest countries of the

world. By the year 2020, with sixty-four per cent. of the population in the working age

group, India is set to experience a dynamic transition as the population burden of the past

turns into a demographic dividend. The rising global demand and need for health workers,

over the next decade, presents significant challenges nationally as well as offers the

opportunity to generate employment not only to meet the domestic demands but also to

cater the global market.

3. Health workforce in Indian healthcare system has been defined with focus limited

to few cadres such as doctors, nurses and frontline workers, wherein, several other

healthcare professionals, have remained unidentified, unregulated and underutilised. The

persistent demand for a regulatory framework to ensure appropriate regulation and

standardisation of such professions have been seen for several decades. In the last six

years, over fifty allied and healthcare professions have been identified whose potential

may be utilised in improving the access to care and all those professions are globally

regulated professions. Detailed mapping has been undertaken to identify such professions

based on the International Labour Organisation’s International Standard Classification of

Occupations (ISCO-08).

4. With the advancement in the health sector, changing preferences of consumer

and provider, 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.

There is a need to implement new ways of using health workers, strengthening the workforce

by testing task shifting models and improving and increasing access to quality services

through qualified and competent set of allied and healthcare professionals.

5. The Allied and Healthcare Professions Bill, 2018 provides for regulation and

maintenance of standards of education and services by allied and healthcare professionals

and the maintenance of a Central Register of such professionals. The Bill further provides

for the recognisation of more than fifty professions in the allied and healthcare sector

such as Physiotherapist, Optometrist, Nutritionist, Medical Laboratory professionals,

Radiotherapy technology professional, to name a few, who lack a comprehensive regulatory

mechanism. The Bill, inter alia, provides for—

(i) constitution of an Allied and Healthcare Council of India for regulation and

maintenance of standards for education and services by Allied and Healthcare

Professionals;

(ii) ensuring a framework for coordinated and integrated development of

policies and standards for governance of allied and healthcare education and

services;

(iii) regulating the professional conduct, code of ethics and etiquette to be

observed by allied and healthcare professionals;

(iv) a platform to create and maintain an allied and healthcare workforce

(v) the development of minimum standards of education, courses, curricula,

facilities, assessment, examination, training, etc.;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(vi) the allied and healthcare qualifications including name of the course,

entry criteria, duration, among other particulars;

(vii) a uniform entry examination with common counselling for admission into

allied and healthcare institutions at diploma, undergraduate, postgraduate and doctoral

levels;

(viii) a uniform exit or licensing examination;

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

management systems, task shifting and associated career development pathways for

allied and healthcare professionals; and

(x) constitution of corresponding State Allied and Healthcare Councils to enforce

and implement the standards established by the Central Council.

6. The Bill seeks to achieve the above objectives.

NEW DELHI;

JAGAT PRAKASH NADDA.

The 14th December, 2018.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Notes On Clauses

Clause 1.—This clause provides for the short title, extent and commencement of

the proposed legislation.

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

in the proposed legislation.

Clause 3.—This clause provides for the constitution and composition of the

Allied and Healthcare Council to be known as the “Allied and Healthcare Council of

India”.

Clause 4.—This clause provides for the term of office and conditions of service

of the members of the Allied and Healthcare Council.

Clause 5.—This clause provides for the resignation and removal of members of

the Allied and Healthcare Council.

Clause 6.—This clause provides for the cessation of membership and filling up

of casual vacancy of members of the Allied and Healthcare Council.

Clause 7.—This clause provides for the meetings of the Allied and Healthcare

Council. This clause further provides for alternative representation for the Chairperson,

if he is unable to attend a meeting of the Council and the decision of the Council 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.

Clause 8.—This clause provides that no act or proceeding of the Council shall

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

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

Council; or any irregularity in the procedure of the Council not affecting the merits of

the case.

Clause 9.—This clause provides that the Council may appoint a Chief Executive

Officer and other officers and employees, as may be needed. It also empowers the

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

of services of the Chief Executive Officer and other employees of the Council.

Clause 10.—This clause provides that the Council shall discharge such functions

as may be necessary to ensure coordinated and integrated development of education

and maintenance of the standards of delivery of services under the proposed legislation.

The functions of the Council shall include—(a) framing policies and standards related

to allied and healthcare education and professional services; (b) regulating professional

conduct, code of ethics and etiquette to be observed by allied and healthcare

professionals; (c) creating and maintaining an up to date Central Register; (d) providing

minimum 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; (e) prescribing allied and healthcare qualifications

including name of the course, entry criteria, duration and other particulars; (f) providing

uniform examinations for entry with common counseling for admissions; (g) providing

uniform exit or licensing examination; (h) providing strategic framework for rational

deployment of skilled manpower, performance management systems, task shifting and

associated career development pathways; and (i) any other functions as may be

necessary to carry out the provisions of the proposed legislation.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Clause 11.—This clause provides that the Council shall constitute professional

advisory bodies as may be needed, to examine specific issues and to recommend or advise

the Council, or undertake any other activity as may be authorised by the Council for their

respective professions. It also provides for the advisory body to be presided over by a

member of the Council to be nominated by the Chairperson from amongst the members

representing the Council for the respective professions and in case of no representation

from particular category to chair the advisory body, the Chairperson of the Council may

nominate any other member of the Council.

Clause 12.—This clause provides for a Central Allied and Healthcare Professionals’

of the Indian Evidence Act, 1872. A standardised format may be adopted to maintain details

of the information of the registering person, in separate parts, as may be specified by

regulations.

Clause 13.—This clause provides that every person whose name is borne on the

Central Register shall be entitled to provide service as an allied and healthcare professional

and receive expenses, charges or fees in respect of such service, subject to the conditions

and restrictions under the proposed legislation, regarding practice and qualifications.

Clause 14.—This clause provides that only a registered allied and healthcare

professional can hold office as an allied and healthcare professional, provide service in any

State and entitled to sign or authenticate any certificate required to be signed as allied

healthcare professional.

Clause 15.—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 Council may enter his or

her name in the Central Register on receipt of such information.

Clause 16.—This clause provides that the Council shall issue a certificate of registration

to those whose names have been entered in the Central Register, on receipt of an application

and payment of fees for the same, as may be prescribed by the Central Government. The

certificate shall cease to be valid if the person’s name is removed from the Central or State

of requisite fees, with the authentication of the Chief Executive Officer of the Council.

Clause 17.—This clause provides that if additional recognised qualifications are

obtained by persons whose names are in the Central Register, additional qualification may

be recorded against their name, in both Central and State Registers, after making an application

and paying requisite fees, as may be prescribed by the Central Government.

Clause 18.—This clause provides that if the name of the enrolled person is removed

from the State Register, the Council shall remove the name of such person from the Central

such person, the certificate of registration shall cease to be valid.

Clause 19.—This clause provides for establishment and constitution of an Interim

Council till the Council is established. It also provides that the Interim Council shall be

constituted within sixty days from the date of the proposed legislation coming into force. It

also provides that the Interim Council shall discharge the functions assigned to the Council.

Clause 20.—This clause provides for the constitution of State Councils by every

State Government, to be known as ‘State Allied and Healthcare Council’ within six months

from the date of commencement of this proposed legislation, and the details of establishment

including composition of the Council shall be as specified in sub clause (3). It also provides

for the election of the Chairperson amongst the non-ex officio members of the Council.

Clause 21.—This clause provides that tenure of the non-ex officio members of the

State Council shall be valid for a period of two years from the date on which they enter office

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

and are eligible for re-nomination for a maximum of three terms. It also provides for

eligibility of the members of the State Council for travelling and other allowances as

may be specified by the State Government.

Clause 22.—This clause provides for conditions of resignation of the nominated

non-ex officio State Council members representing professional categories and

charitable institutions. This clause further provides that no such members shall be

removed unless he is given a reasonable opportunity of being heard in the matter of

concern.

Clause 23.—This clause provides that the ex officio members nominated by the

State Government shall cease to be a member on cessation to the service by virtue of

which they were appointed. This clause also contains the provision relating to the

casual vacancy and the condition of the term of the casual appointment.

Clause 24.—This clause provides that 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 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.

Clause 25.—This clause provides that no act or proceeding of the State Council

shall be invalid 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.

Clause 26.—This clause provides that the State Council may appoint a Chief

Executive Officer and other officers and employees, as needed, with prescribed salary,

allowances and other conditions of service, subject to State Government rules in this

behalf.

Clause 27.—This clause provides that the State Council shall discharge such

functions as needed to ensure coordinated and integrated development of education

and maintenance of the standards of delivery of services. The functions of the State

Council shall include— (a) enforcing professional conduct, code of ethics and etiquette

to be observed by allied and healthcare professional; (b) ensuring minimum standards;

(d) ensuring uniform exit or licensing examination; (e) inspecting allied and healthcare

institutions and registering the professionals in the State register; (f) ensuring

compliance of all the directives as issued by the Council; and (g) performing any other

such functions entrusted by the State Government as may be necessary for the

implementation of the provision of the proposed legislation.

Clause 28.—This clause provides that the State Council shall constitute as

many professional advisory bodies as needed, to examine specific issues and to

recommend or advise the State Council, or undertake any other activity as may be

authorised by the State Council for their respective professions. This clause also

provides for the advisory body to be presided over by member of the State Council to

be nominated by the Chairperson from amongst the members representing in the State

Council for respective professions and in case of no representation from particular

category to chair the advisory body, the Chairperson of the State Council to nominate

any other member of the State Council.

Clause 29.—This clause provides for a State Allied and Healthcare Professionals’

the Indian Evidence Act, 1872 and may be certified by the State Council. A standardised

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

format may be adopted to maintain details of the information of the registering person, in

separate parts, as specified by regulations.

Clause 30.—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 if he resides in the State and holds a recognised

allied and healthcare qualification. The clause further provides that the name of the applicant

may be entered in the Register on application and authorisation of the Chief Executive

Officer, provided that in case a person’s name has been removed from any other State

application by the Chief Executive Officer, appeal to the State Council may be made by the

person within three months from the date of such rejection, further in case of disagreement

with the State Council’s decision, the person within sixty days from communication appeal

to the State Government. The clause further provides for issuing of certificate of registration

to the person on entry of his name in the State register.

Clause 31.—This clause provides when the Chief Executive Officer authenticates that

a certificate of registration or a certificate of renewal has been loss or destroyed, the State

Council may issue a duplicate certificate on payment of requisite fees and in such form as

may be prescribed by the State Government.

Clause 32.—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. In case of non-payment within the specified period, the

Chief Executive Officer has the authority to remove the name of the defaulter from the State

State Government, and on payment of fee the Chief Executive Officer may issue a certificate

of renewal to the professional.

Clause 33.—This clause provides for the State Council to give order to 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 and is opined to be unfit to be kept in the State register, provided that reasonable

opportunity must be given to the person for justification. The clause further provides that

the State Council may either permanently remove the name or may specify the period of

years and the name of the person shall be removed as per the order issued by the State

Council which shall remain effective till three months or until an appeal is made. Further the

clause provides that in case of disagreement with the order, the person may within sixty days

appeal to the Council. The person whose name has been removed from the register will also

have to surrender his/her certificate of registration and certificate of renewal, if any, to the

State Council and the name so removed shall be uploaded on the website of the State

Council, published in the Official Gazette and at least in one daily local newspaper in vernacular

language.

Clause 34.—This clause provides that at any time the State Council in case of

appropriate satisfaction and subject to approval of the Council 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, published in the Official Gazette and

at least in one daily local newspaper in vernacular language.

Clause 35.—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

legislation.

Clause 36.—This clause provides that any allied and healthcare 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

The clause further provides that the Central Government in consultation with the

Council may notify restriction to such professionals where reciprocity is not applicable

or is provided only after specified date, by providing permission for limiting the

institution of employment or duration of employment. The clause further provides that

the Council may enter into negotiations with an authority in any country outside India

entrusted with the recognition of corresponding qualifications, for setting up of a

scheme of reciprocity for the recognition of allied and healthcare qualifications and will

be as notified by the Central Government.

Clause 37.—This clause provides that the Council will also regulate the

establishment of any allied and healthcare institution or opening of new or higher

course of study or training as well as admitting new batch of students in any course of

study or training. 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 prior

permission of the Council shall not be deemed to be a recognised. The clause further

provides for the process of obtaining permission from the Council in form of a scheme

in manner and accompanied by fee as prescribed by the Central Government, which

will be reviewed by the Council. The Council may seek additional details while

considering the scheme and may approve or disapprove the scheme, only after giving

a reasonable opportunity to the applicant for justification, provided that any person or

institution whose scheme has not been approved earlier, may submit a fresh scheme.

The clause further provides for all the criteria the Council may consider before approving

or disapproving a scheme, such as–capacity of the institution to offer and maintain the

minimum standards of education as prescribed, adequate financial resources, manpower,

availability of necessary facilities with respect to staff, equipment, accommodation,

hospital and others details as prescribed by the Central Government and communicate

the decision to the concerned person or the institution seeking recognition.

Clause 38.—This clause provides that the State Council will 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. The clause

further provides that any University or institution or college imparting allied and

healthcare education shall furnish details to Council in the manner prescribed by Central

Government.

Clause 39.—This clause provides that the State Council shall verify the standards

of any allied and healthcare institution in manner specified by regulations. The clause

further provides that the verification process must not interfere with the conduct of

any training or examination but shall be for the purposes of reporting to the State

Council on the adequacy of standards and a report in this regards shall be send to the

institution by the State Council, with a copy to the Council.

Clause 40.—This clause provides that upon report of verification of standards

and in case of any condition of non-conformance to the prescribed standards, the

State Council shall make a representation that effect to the Council. The clause further

provides that after due consideration and opportunity for providing justification, the

Council may withdraw recognition if still found inappropriate. The Council accordingly

after making necessary inquiry, may notify that the recognition of qualification or

qualification given to allied and healthcare professional recognised up to a specified

date.

Clause 41.—This clause provides that the Central Government may give Council

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

purposes.

Clause 42.—This clause provides that a Fund to be called the Allied and

Healthcare Council of India Fund shall be constituted, wherein all money received from

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the Central Government, or received by way of grants, gift, donations, benefactions, bequests

and transfers, or in any other manner or from any other source, shall be credited. The fund

thereby shall be utilised for the expenses incurred by the Council towards the discharge of

its function and other related purposes in the manner prescribed by the Central Government.

Clause 43.—This clause provides that the Council shall maintain appropriate accounts

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

Government in consultation with the Comptroller and Auditor-General (CAG) of India, which

shall be audited annually and any expenditure incurred in connection with the audit shall be

payable by the Council to the CAG. The clause further provides that CAG may appoint any

other person in his/her place for the purposes of audit of the accounts of the Council, who

shall have the same rights, privileges and authority as CAG and who shall also have the right

to demand documentation and to inspect the office of the Council. The clause also provides

for the audit report to be forwarded annually to the Central Government and the same to be

laid before each House of Parliament.

Clause 44.—This clause provides that the Council shall prepare annual report annually

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.

Clause 45.—This clause provides that the Council shall furnish to the Central

Government information as may be required from time to time.

Clause 46.—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.

Clause 47.—This clause provides that a Fund to be called the State Allied and

Healthcare Council Fund shall be constituted, wherein all money received from the State

Government, or received by way of grants, gift, donations, benefactions, bequests and

transfers, or in any other manner or from any other source, shall be credited. The fund

thereby 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.

Clause 48.—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 in consultation with the Comptroller and Auditor-General (CAG) of India,

which shall be audited annually and any expenditure incurred in connection with the audit

shall be payable by the State Council to the CAG. The clause further provides that CAG may

appoint any other person in his place for the purposes of audit of the accounts of the State

Council, who shall have the same rights, privileges and authority as CAG and who shall also

have the right to demand documentation and to inspect the office of the State Council. The

clause also provides for the audit report to be forwarded annually to the State Government

and the same to be laid before either each House or the House, of State Legislature.

Clause 49.—This clause provides that the State Council shall prepare annual report

annually 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.

Clause 50.—This clause provides that all orders and decisions of the Council and the

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

Chief Executive Officer or any other officer appointed by the Chairperson in this behalf.

Clause 51.—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 by the field of his profession.

Clause 52.—This clause provides that if any person misrepresents to be a registered

professional by any means shall be punished with fine on first conviction and by imprisonment

or increased fine or both in the next.

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[PART II—

Clause 53.—This clause provides for various conditions wherein if any person

is found to be misusing titles such as in case where an unregistered person uses the

description of an allied and healthcare professional or an unqualified person uses a

degree or diploma or a licence or an abbreviation indicating or implying such

qualification, shall be punished with fine which may extend to one lakh rupees on first

conviction and by imprisonment which may extend to one year or increased fine not

exceeding two lakh rupees or both on any subsequent conviction.

Clause 54.—This clause provides that if any person whose name has been

removed from any of the register fails to surrender his certificate of registration or

certificate of renewal, or both, 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.

Clause 55.—This clause provides that if any person or institution contravenes

any of the provisions of the Bill or any rules or regulations made thereunder, shall be

punished with imprisonment of more than a years’ duration, 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.

Clause 56.—This clause provides that no court shall take cognizance of

punishable offence except upon complaint made by order of the Central Government,

the State Government, the Council or the State Council. This clause further provides

that no court inferior to that of Metropolitan Magistrate or a Judicial Magistrate of the

First Class shall try any offence punishable under the Bill.

Clause 57.—This clause provides that no civil court shall undertake any suit or

proceeding in respect of any order made by the Council 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.

Clause 58.—This clause provides that no suit, prosecution or other legal

proceeding shall be made against the Central Government or State Government or

against the Chairperson or any other member of the Council or the State Council or the

advisory bodies for anything which is done in good faith or intended to be done for the

execution of the activities pertaining to the proposed legislation or any rule made

thereunder for the discharge of duties.

Clause 59.—This clause empowers the Central Government to issue directions

to the Council for the purposes of fulfilment of the objectives of the proposed legislation

as well as for discharging the functions and the Council is bound to follow such

directions given by the Central Government. The clause further provides that the

directions given to the Council may include ones to make any regulations or amend or

revoke any existing regulations.

Clause 60.—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.

Clause 61.—This clause confers the power upon the Central Government to

make rules in respect of matter specified in the said clause.

Clause 62.—This clause confers the power upon the Council to make regulations

consistent with this proposed legislation and the rules made thereunder to carry out

the purposes of the proposed legislation.

Clause 63.—This clause provides that every rule made by the Central Government

and the regulations made by the Council shall be laid before each House of Parliament

for a period of thirty days, in which case there may be recommendation for modification

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in the rule or regulations or both Houses may agree with the annulment of the rule or

regulations, which shall be complied to.

Clause 64.—This clause confers the power upon the State Government to make rules

in respect of matter specified in the said clause. The clause further provides that every rule

made by the State Government shall be laid before either each House or the House of the

State Legislature.

Clause 65.—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.

Clause 66.—This clause empowers the Central Government by notification to add to

or amend Schedule, after due consultation with the Council. 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.

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[PART II—

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for constitution of a Central Allied and Healthcare

Professions’ Council of India consisting of a Chairperson and fourteen ex officio members,

and other specialists or experts in the field of Allied and Healthcare Professions and invitees.

2. Clause 11 of the Bill provides for constitution of Professional Advisory Bodies of

the Central Council.

3. Clause 12 of the Bill provides for maintenance of a Central Allied and Healthcare

Professions’ Register.

4. Clause 20 of the Bill provides for constitution of a State Allied and Healthcare

Professions’ Council in every State consisting of a Chairperson and seven ex officio members,

and other specialists or experts in the field of Allied and Healthcare Professions.

5. Clause 28 of the Bill provides for constitution of Professional Advisory Bodies of

the State Council.

6. Clause 29 of the Bill provides for maintenance of a State Allied and Healthcare

Professions’ Register.

7. Clause 41 of the Bill provides that the Central Government may provide grant-in-aid

for meeting expenses of the Central Council, expenses related to fee and allowances for

experts and specialists and for the preparation of annual reports, etc., which would be met

under the existing schemes of the Ministry of Health and Family Welfare.

8. 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.

SEC. 2]

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 61 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) the

qualifications and experience of the members under item (l) of sub-clause (3) of clause 3;

(b) the qualifications and experience of the members under item (m) of sub-clause (3) of

clause 3; (c) the qualifications and experience of the members under item (n) of

sub-clause (3) of clause 3; (d) the travelling and other allowances to the members of the

Council under sub-clause (3) of clause 4; (e) the time, place and rules of procedure with

respect to the transaction of business at meetings, including quorum of Council under sub-

clause (1) of clause 7; (f) the salary, allowances and other conditions of service of the Chief

Executive Officer and other officers and employees of the Council under sub-clause (2) of

clause 9; (g) the form and manner of application for registration in the Central Register under

clause 15; (h) the form, manner and fee of application for certificate of registration under sub-

clause (1) of clause 16; (i) the form of certificate of registration under sub-clause (2) of

clause 16; (j) the fee and form for issuance of duplicate certificate under sub-clause (3) of

clause 16; (k) the form, manner and fees of application for additional entry in the Register

under sub-clause (1) of clause 17; (l) the form, manner, particulars and fees for scheme under

item (b) of sub-clause (2) of clause 37; (m) the other factors to be considered by the Council

and Central Government related to scheme under item (g) of sub-clause (5) of clause 37; (n)

the manner and particulars of information to be provided by the University or college or

institution to the Council under sub-clause (2) of clause 38; (o) the manner of discharge of

the function of council under sub-clause (2) of clause 42; (p) the form and time period for

preparing annual report of Council under clause 44; (q) 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.

2. Clause 62 empowers the Central Council to make regulations with the previous

sanction of the Central Government to carry out the purposes of the proposed legislation.

Sub-clause (2) of clause 62 specifies the matter in respect of which such regulations may be

made. These matters, inter alia, include—(a) the details of the recognised allied and healthcare

qualifications including the name of course, entry criteria, duration and such other particulars

under item (e) of clause 10; (b) the manner of providing uniform entry examination with

common counselling for admission under item (f) of clause10; (c) the manner of providing

uniform exit or licensing examination under item (g) of clause 10; (d) the particulars of allied

and healthcare professionals to be maintained in the Central Register under sub-clause (1)

of clause 12; (e) the standardised format for populating and maintaining the Central Register

under sub-clause (2) of clause 12; (f) the manner of removal of name of person from the

Central Register under clause 18; (g) the particulars of allied and healthcare professionals to

be maintained in the State Register under sub-clause (1) of clause 29; (h) the period of years

that a person removed from State Register shall be ineligible for registration under

sub-clause (2) of clause 33; (i) the manner of registration of persons who offer services in

any of the recognised categories on or before the commencement of this Act under

clause 35; (j) the recognition of corresponding allied and healthcare qualifications granted

outside India under sub-clause (1) of clause 36; (k) the manner of entitlement of registration

of qualifications granted by institutions outside India under sub-clause (2) of clause 36; (l)

the minimum 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 37; (m) the manner of verification of

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

sub-clause (1) of clause 39; (n) any matter for which provision may be made by regulations.

3. Clause 64 empowers the State Government to make rules for the purpose of carrying

out the provisions of the proposed legislation. Sub-clause (2) of clause 64 specifies the

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

(a) the qualifications and experience of the members under item (d) of sub-clause (3) of

clause 20; (b) the qualifications and experience of the members under item (e) of

sub-clause (3) of clause 20; (c) the travelling and other allowances for the members of the

State Council under sub-clause (3) of clause 21; (d) the time, place and rules of procedure

with respect to transaction of business at meetings including quorum of the State Council

under sub-clause (1) of clause 24; (e) the salary, allowances and other conditions of services

of the Chief Executive Officer, other officers and employees of the State Council under

sub-clause (2) of clause 26; (f) the fee for registration in the State Register under sub-clause (1)

of clause 30; (g) the form for issuance of certificate of registration in the State Register under

sub-clause (5) of clause 30; (h) the fee and form for issuance of duplicate certificate under

clause 31; (i) the fee for renewal of name in the State Register, the manner and the conditions

for renewal under sub-clause (1) of clause 32; (j) the fee for restoration of name in the State

functions of State Council under sub-clause (2) of clause 47; (m) the form and time period for

preparing annual report of the State Council under clause 49; (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.

4. Sub clause (1) of clause 66 provides for the Central Government to amend the

Schedule in consultation with the Council.

—————

DESH DEEPAK VERMA,

Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND

CONDUCT OF BUSINESS IN THE RAJYA SABHA AND UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS,

MINTO ROAD, NEW DELHI–110002

MGIPMRND—2949GI(S3)—01-01-2019.

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[PART II— SEC. 2]

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2019.01.05

23:01:06 +05'30'