NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS ACT, 2021
[Act No. 14 of 2021]
[28th March, 2021]
An Act to provide for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:--
The Preliminary section of the National Commission for Allied and Healthcare Professions Act, 2021, sets the foundational framework for the Act, establishing its purpose, scope, and key definitions. It aims to regulate and standardize education, practice, and ethical conduct of allied and healthcare professionals in India, ensuring public safety and professional accountability [Source: ""].
While the specific text of the Preliminary section is not provided, generally, it introduces the Act's objectives, defines key terms, and states the scope of regulation. It emphasizes the importance of maintaining standards in allied and healthcare professions and establishing a statutory body—the National Commission—to oversee these functions [Source: ""].
The Preliminary section broadly sets the stage for comprehensive regulation of allied and healthcare professions, including standards of education, registration, ethical conduct, and disciplinary measures. It also delineates the jurisdiction of the Act and the authority of the National Commission [Source: ""].
Typically, violations of the provisions introduced in the Preliminary section, such as practicing without registration or violating definitions, are subject to penalties under the Act, including fines and imprisonment, as detailed in later sections [Source: "Penalties and Offences"].
This legal commentary synthesizes the available sources to provide a concise analysis of the Preliminary section of the National Commission for Allied and Healthcare Professions Act, 2021.
(1) This Act may be called the National Commission for Allied and Healthcare Professions Act, 2021.
(2) It shall come into force on such date1 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.
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1. w.e.f. 25.05.2021 vide Notification No. SO2012(E) dated 25.05.2021.
In this Act, unless the context otherwise requires,--
(a) "Advisory Council" means the National Allied and Healthcare Advisory Council constituted under sub-section (1) of section 12;
(b) "allied and healthcare institution" means an educational or research institution which grants diploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in any allied and healthcare professional under this Act;
(c) "allied and healthcare professional" means any allied health professional or healthcare professional under this Act;
(d) "allied health professional" includes an associate, technician or technologist who is trained to perform any technical and practical task to support diagnosis and treatment of illness, diseas
(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.
(3) The Commission shall consist of the following, namely:--
(a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of all
(1) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.
(2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government.
(3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government.
(1) Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may--
(i) relinquish his office by giving in writing to the Central Government notice of not less than three months; or
(ii) be removed from his office if he--
(a) has been adjudged insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a member; or
(d) has acquired such financial or ot
(1) The ex officio Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission.
(2) A Member nominated under sub-clause (i) of clause (d) of sub-section (3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council.
(3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed.
(1) The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government.
(2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting.
(3) One-half of the total number of Members of the Commission including the Chairperson or Vice-Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or cas
Section 7 of the National Commission for Allied and Healthcare Professions Act, 2021, pertains to the procedural functioning of the Commission, specifically focusing on the meetings that the Commission must hold to fulfill its statutory duties. It establishes the minimum frequency and rules governing the meetings, ensuring regular governance and decision-making processes within the Commission.
Section 7 mandates that the Commission shall meet at least once every quarter, at such time and place as decided by the Chairperson. It emphasizes adherence to rules of procedure during these meetings, facilitating effective governance and decision-making.
This section applies to the functioning of the National Commission for Allied and Healthcare Professions, ensuring regular meetings for policy formulation, oversight, and administrative decisions. It is fundamental to the operational transparency and accountability of the Commission.
The section itself does not specify any penalties or punishments for non-compliance. However, violations related to procedural irregularities may attract penalties under Section 59, which deals with contraventions of the Act, including fines and imprisonment.
Note: This commentary synthesizes available sources and statutory provisions to provide a comprehensive legal analysis of Section 7, focusing on its procedural and governance implications within the framework of the NCAHP Act, 2021.
No act or proceeding of the Commission shall be invalidated merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person acting as a Member of the Commission; or
(c) any irregularity in the procedure of the Commission not affecting the merits of the case.
(1) Subject to such rules made by the Central Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act.
(2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government.
(3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council.
(1) The Commission shall, by notification, constitute Professional Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government:
Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category.
(2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional
(1) It shall be the duty of the Commission to take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may--
(a) frame policies and standards for the governance of allied and healthcare related education and professional services;
(b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act;
(c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as speci
(1) The Central Government shall constitute an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals.
(2) The Advisory Council shall consist of the following persons, namely:--
(i) Chairperson of the Commission--Chairperson;
(ii) all Members of the Commission--ex officio member;
(iii) Principal Secretary dealing with medical education or his nominee from each State--member;
(iv) Chairperson of the State Council--member; and
(v) Principal Secretary dealing with medical education or his nominee representing each Union territory--member.
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(1) The Commission shall maintain online and live Register of persons in separate parts in each of the recognised categories to be known as the Central Allied and Healthcare Professionals' Register which shall contain information including the name of persons and qualifications relating to any of their respective recognised categories in the manner as may be specified by regulations.
(2) For the purposes of sub-section (1), the Commission may adopt standardised format for populating and maintaining the Central Register in the manner as may be specified by regulations.
(3) The Central Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a certified copy provided by the Commission.
Subject to the conditions and restrictions laid down in this Act regarding practice by person possessing certain recognised allied and healthcare qualifications, every person whose name is for the time being borne on the Central Register shall be entitled according to his qualifications to provide any service within the defined scope of practice as an allied and healthcare professional under this Act and to receive in respect of such service, any expenses, charges or any fees to which he may be entitled.
No person, other than a registered allied and healthcare professional, shall--
(a) hold office as an allied and healthcare professional (by whatever name called) in Government or in any institution maintained by a local or other authority;
(b) provide service in any of the recognised categories in any State; and
(c) be entitled to sign or authenticate any certificate required by any law for the time being in force to be signed or authenticated by a duly qualified allied and healthcare professional.
The Commission may, on receipt of the report of registration of a person in a State Register or on an application in such form and in such manner as may be prescribed by the Central Government, enter his name in the Central Register.
(1) Any person whose name has been entered in the Central Register shall, on an application made by the person in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to get a certificate of registration.
(2) On receipt of an application under sub-section (1), the Commission shall grant to the applicant a certificate of registration in such form as may be prescribed by the Central Government.
(3) Where it is shown to the satisfaction of the Commission that a certificate of registration has been lost or destroyed, the commission may, on payment of such fees, issue a duplicate certificate in such form as may be prescribed by the Central Government.
(1) If any person whose name is entered in the Central Register obtains any other recognised qualification in addition to any allied and healthcare qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to have an entry stating such degree or diploma or such other qualifications made against his name in such register in addition to any entry previously made.
(2) The entries in respect of any such person in a State Register shall be altered in accordance with the alterations made in the Central Register.
If the name of any person enrolled on a State Register is removed therefrom in pursuance of any power conferred under this Act, the Commission shall direct the removal of the name of such person from the Central Register in such manner as may be specified by regulations:
Provided that on the removal of his name from the Central Register or State Register, as the case may be, such certificate shall cease to be valid.
(1) The Central Government shall, as soon as may be but within sixty days from the date on which this Act receives the assent of the President, constitute an Interim Commission, for three years or until a regular Commission is constituted under section 3, whichever is earlier.
(2) The Interim Commission constituted under sub-section (1) shall consist of the following, namely:--
(a) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare--Chairperson;
(b) Joint Secretary to the Government of India in the Ministry of Health and Family Welfare--member;
(c) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice--member;
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(1) The Central Government shall, on the recommendation of a Search-cum-Selection Committee, appoint the Chairperson, Vice-Chairperson and the Secretary of the Commission.
(2) The Search-cum-Selection Committee shall consist of the following persons, namely:--
(a) the Secretary, Ministry of Health and Family Welfare--Chairperson;
(b) the Secretary or his nominee, not below the rank of Additional Secretary of Department of Higher Education, Ministry of Education--member;
(c) four experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of allied and healthcare education, public health education and health research to be nominated by the Central Government--members;
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(1) Every State Government shall, by notification, within six months from the date of commencement of this Act, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this Act.
(2) The State Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.
(3) The State Council shall consist of the following, namely:--
(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences f
(1) The Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.
(2) The Members nominated to the State Council under clauses (e) and (f) of sub-section (3) of section 22 shall receive such travelling and other allowances as may be prescribed by the State Government.
(1) Notwithstanding anything contained in sub-section (1) of section 23, the Chairperson of the State Council and Member nominated under clauses (e) and (f) of sub-section (3) of section 22 may--
(i) relinquish his office by giving in writing to the State Government notice of not less than three months; or
(ii) be removed from his office if he--
(a) has been adjudged insolvent; or
(b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his fun
(1) A Member under clause (b) or clause (c) of sub-section (3) of section 22, shall cease to be a Member of the State Council on his cessation to the service by virtue of which he was appointed as a Member of the State Council.
(2) The Chairperson or any other Member appointed under any casual vacancy in the State Council under sub-section (3) of section 22, shall hold office only for the remainder of the term of the member in whose place he has been appointed.
(1) The State Council shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum of such meetings) in the manner as may be prescribed by the State Government.
(2) The Chairperson of the State Council, if for any reason, he is unable to attend a meeting of the State Council, any other member chosen by the members present from amongst themselves at the meeting shall preside over the meeting.
(3) All questions which come up before any meeting of the State Council shall be decided by a majority of the members present and voting, and in the event of an equality of votes, the Chairperson of the State Council or in his absence, the member of the State Council presiding, shall have a second or casting vote.
No act or proceeding of the State Council shall be invalidated merely by reason of--
(a) any vacancy in, or any defect in the constitution of the State Council; or
(b) any defect in the appointment of a person acting as a member of the State Council; or
(c) any irregularity in the procedure of the State Council not affecting the merits of the case.
(1) Subject to such rules as may be made by the State Government in this behalf, the State Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.
(2) The salaries and allowances payable to, and other conditions of service of, the Secretary, other officers and employees of the State Council appointed under sub-section (1) shall be such as may be prescribed by the State Government.
(1) The State Council shall, by notification, constitute the following Autonomous Boards for regulating the allied and healthcare professionals, namely,--
(a) Under-graduate Allied and Healthcare Education Board,
(b) Post-graduate Allied and Healthcare Education Board,
(c) Allied and Healthcare Professions Assessment and Rating Board, and
(d) Allied and Healthcare Professions Ethics and Registration Board.
(2) The Autonomous Boards constituted under sub-section (1) shall consist of a president and such number of members from each recognised category as may be specified by the regulations and shall be appointed by the State Government.
(3) The Under-graduate
It shall be the duty of the State Council to take all such steps as it may think fit for ensuring the co-ordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and, for the purposes of performing its functions, the State Council shall--
(a) enter the name of the recognised categories, enforce the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals 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;
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The State Council may constitute as many professional Advisory Boards as may be necessary to examine the issues relating to one or more recognised categories and to recommend the State Council and also to undertake any other activity as may be authorised by the State Council.
(1) The State Council shall maintain online and live State Register of persons in separate parts for each of the recognised categories to be known as the State Allied and Healthcare Professionals' Register which shall contain information including the name of person and qualifications relating to any of their respective recognised categories in such manner as may be specified by regulations.
(2) The State Register shall contain the details of academic qualification institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the manner as may be specified by regulations.
(3) The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a certified copy provided by the State Council.
(1) A person shall be entitled, on an application and on payment of such fees as may be prescribed by the State Government, to have his name entered in the State Register if he resides in the State and holds a recognised allied and healthcare qualification.
(2) Upon the application to the State Council, if the State Council is of the opinion that the applicant is entitled to have his name entered on the State Register, the State Council shall enter thereon the name of the applicant.
(3) Upon entry of a name in the State Register under this section, the Secretary of the State Council shall issue to the applicant a certificate of registration in such form as may be prescribed by the State Government.
(4) The certificate of registration of Allied and Healthcare Profession shall be valid fo
Where it is shown to the satisfaction of the Secretary of the State Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the State Council may, on payment of such fee, issue a duplicate certificate in such form as may be prescribed by the State Government.
(1) There shall be paid in every five years to the State Council, such fee in such manner as may be prescribed by the State Government for renewal of name of allied and healthcare professionals in the State Register.
(2) Where the fee under sub-section (1) is not paid within the specified period, the Secretary of the State Council shall remove the name of the defaulter from the State Register:
Provided that a name so removed may be restored to the said register on payment of such fee as may be prescribed by the State Government.
(3) On payment of the fee under sub-section (1), the Secretary of the State Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration.
(1) The State Council may, by order, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit--
(a) that his name has been entered in the State Register by error or on account of mis-representation or suppression of a material fact; or
(b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the State Council renders him unfit to be kept in the said register, remove the name of the person from the State Register.
(2) Any person whose name has been removed from the State Register under sub-sec
The State Council may, at any time for reasons appearing to it as sufficient and upon payment of such fee as may be prescribed by the State Government, order that the name of a person removed from a State Register shall be restored and the name shall be uploaded on the website of the State Council, and in one daily local newspaper in vernacular language.
Every person who offers his services in any of the recognised categories on or before the commencement of this Act shall be allowed to be provisionally registered under the provisions of this Act within such period from such commencement in such manner as may be specified by regulations.
(1) Subject to the provisions of this Act, any corresponding qualification granted by the institutions outside India shall be the recognised allied and healthcare qualifications as may be specified by regulations.
(2) A citizen of India who holds the corresponding qualifications under sub-section (1) shall be entitled for registration under this Act in such manner as may be specified by regulations.
(3) The Central Government may, after consultation with the Commission, by notification, direct that the corresponding qualifications under sub-section (1) in respect of which a scheme of reciprocity is not in force shall be recognised for the purposes of this Act or shall be so only when granted after a specified date:
Provided that the foreign nationals possessing such qualification--
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(1) Notwithstanding anything contained in this Act or any other law for the time being in force, on and from the date of commencement of this Act,--
(a) no person shall establish an allied and healthcare institution; or
(b) no allied and healthcare institution shall--
(i) open a new or higher course of study or training (including post-graduate course of study or training) which would enable students of each course of study or training to qualify himself for the award of any recognised allied and healthcare qualification; or
(ii) increase its admission capacity in any course of study or training (including post-graduate course of study or training); or
(iii) admit a new batch of students in any unrec
(1) Any University or college or institution imparting education in any recognised category shall furnish information to the State Council regarding course of study, duration of course, scheme of assessment and examinations and other eligibility conditions in order to obtain the requisite qualifications as an allied and healthcare institution under this Act as the State Council may from time to time require.
(2) Any University or college or institution imparting education in any recognised category as on the date of commencement of this Act shall furnish to the State Council such information in such manner as may be specified by regulations.
(1) The State Council shall cause to verify the standards of any allied and healthcare institution where education in the recognised category is given, or to attend any examination held by any educational or research institution for the purpose of recognition of allied and healthcare qualifications by that allied and healthcare institution in such manner as may be specified by regulations.
(2) The verification made under sub-section (1) shall not interfere with the conduct of any training or examination, but shall be for the purpose of reporting to the State Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities for giving education in the recognised categories, as the case may be, or on the sufficiency of every examination which they attend.
(3) The State Co
(1) On receipt of a report from the State Council, if the Commission is of the opinion that--
(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by a University or any allied and healthcare institution do not conform to the standards specified by the Commission for the respective courses, as the case may be; or
(b) the standards and norms for infrastructure, faculty and quality of education in allied and healthcare institution as determined by the Commission for the respective courses, as the case may be, are not adhered to by any University or allied and healthcare institution, and such University or allied and healthcare institution has failed to take necessary corrective action to maintain specified minimum standards, it may initiate action in accord
The State Council may take such measures, including issuing warning, imposing fine, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against an allied and healthcare institution for failure to maintain the minimum essential standards specified by the Commission under this Act.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(1) There shall be constituted a Fund to be called the National Allied and Healthcare Fund and there shall be credited thereto--
(a) all Government grants, fees received by the Commission;
(b) all sums of money received by the Commission by way of grants, benefactions, bequests and transfers; and
(c) all sums of money received by the Commission in any other manner or from any other sources as may be prescribed by the Central Government.
(2) The fund referred to in sub-section (1) shall be applied for the expenses of the Commission incurred in discharge of its functions and purposes of this Act in such manner as may be prescribed by the Central Government.
(1) The Commission shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same r
The Commission shall prepare every year, in such form and within such time as may be prescribed by the Central Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
The Commission shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
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.
(1) There shall be constituted a Fund to be called the State Allied and Healthcare Council Fund and there shall be credited thereto--
(a) all sums of money received from the State Government;
(b) all sums of money received by the State Council by way of grants, fees, benefactions, bequests and transfers; and
(c) all sums of money received by the State Council in any other manner or from any other source as may be decided by the State Government.
(2) All receipts of the Commission and State Councils shall be routed through an online payment portal of the Commission and one-fourth of all the receipts shall be transferred to the National Allied and Healthcare Fund and three-fourth of all the receipts shall transfer to the relevant State Allied an
(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 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.
All orders and decisions of the Commission or the State Council, as the case may be, and the instruments issued by it shall be authenticated by the Secretary or any other officer authorised by the Chairperson in this behalf.
No allied and healthcare professional shall discharge any duty or perform any function not authorised by this Act or any treatment not authorised within the scope of practice of the profession.
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.
If any person,--
(a) not being a person registered in the Central Register or a State Register, takes or uses the description of an allied and healthcare professional, or
(b) not possessing an allied and healthcare qualification under this Act, uses a degree or a diploma or a license or an abbreviation indicating or implying such qualification, shall be punished on first conviction with fine which may extend to one lakh rupees, and on any subsequent conviction with imprisonment which may extend to one year or with fine not exceeding two lakh rupees or with both.
If any person whose name has been removed from the Central Register or a State Register, he shall surrender forthwith his certificate of registration or certificate of renewal, as the case may be, or both, failing which he shall be punishable with fine which may extend to fifty thousand rupees and in case of a continuing offence with an additional fine which may extend to five thousand rupees per day after the first day during which the offence continues.
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.
(1) No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act.
No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder in the discharge of their official duties.
(1) The Central Government may, from time to time, issue such directions to the Commission, as in the opinion of Government are conducive for the fulfilment of the objects of this Act and in the discharge of its functions.
(2) Any direction issued under sub-section (1) may include directions to the Commission to make any regulations or to amend or revoke any regulations already made.
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.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for all or any of the following matters, namely:--
(a) the qualifications and experiences of the Part-time Member of the Commission under sub-clause (i) of clause (d) of sub-section (3) of section 3;
(b) the manner of selection of the Part-time Member of the Commission under sub-clause (ii) of clause (d) of sub-section (3) of section 3;
(c) the qualification, experience and manner of the selection of the Part-time Member of the Commission under sub-clause (iii) of clause (d) of sub-section (3) of section 3;
&n
(1) The Commission may, after public consultation and with the previous approval of the Central Government, make regulations generally to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely:--
(a) the manner of providing basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various recognised categories, proportionate distribution of seats and promote innovations in recognised categories under clause (e) of sub-section (1) of section 11;
&n
Every rule made by the Central Government, and the regulations made by the Commission, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulations, or both Houses agree that the rule or regulations should not be made, the rule or regulations shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulations.
(1) The State Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for the following matters, namely:--
(a) the qualifications and experiences of the member of the State Council under clause (e) of sub-section (3) of section 22;
(b) the qualifications and experiences of the member of the State Council under clause (f) of sub-section (3) of section 22;
(c) the travelling and other allowances for the Member of the State Council under sub-section (2) of section 23;
(d) the time, place and manner of rule of procedure in respect to transaction of
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Central Government may, after consultation with the Commission, by a notification, add to or otherwise amend the Schedule for the purposes of this Act and thereupon the said Schedule shall be deemed to be amended accordingly.
(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modif
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