The ASSAM RURAL HEALTH REGULATORY AUTHORITY ACT, 2004

Registered No. - 768/97 
THE AS,SAM GAZETTE 
~~q 
EXTRAORDINARY 
m~ <fl~~<!!~ ~<fl1fi1~ 
PUBLISHED BY AUTHORITY 
"il~ 187 ~9B", ~' 18 CDC~, 2004, 27 ~, 1926 ( ~) 
No.1 87 Dispur, Saturday, 18th September, 2004, 27th Bhadra, 1926 (S.E.) 
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH 
NOTIFICATION 
The 9th September, 2004 
No. LGL.105/2003/4.--The following Act of the Assam Legislative 
Assembly which received the assent of the Governor is hereby published for 
gen eral information : 
1170 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, i.1 _ __1 
ASSAM ACT NO. XIX OF 2004 
(Received the assent of the Governor on 4th September, 2004) 
THE ASSAM RURAL HEALTH REGULATORY AUTHORITY ACT, 2004. 
AN 
ACT 
to provide for the establishment of a regulatory authority in the State of 
Assam to regulate and register the diploma holders in Medicine & 
Rural Health Care (DMRHC) and their practice of medicine in rural 
areas and also to regulate opening of Medical Institutes for imparting 
education and training for the course of diploma in Medicine and Rural 
Health Care (DMRHC); 
Be it enacted by the Assam Legislative Assembly in the Fifty­
fifth year of the republic oflndia as follows: 
Short Title, 
Extend and 
Commence 
ment 
Definitions 
CHAPTER-I 
PRELIMINARY 
1.. (I) This Act may be called the Assam Rural 
Health Regulatory Authority Act, 2004. 
(2) It extends to the whole of Assam 
(3) It shall come in to force on_ such date as the 
State Government may, by notification 
published in the Official Gazette appoint. 
2. In this Act unless the context otherwise requires 
(a) 'Act' means the Assam Rural Health 
Regulatory Authority Act, 2004; 
(b) 'Authority' means the Assam Rural Health 
Regulatory Authority established under 
section 3; 
(c) 'certificate' means a certificate issued by the 
Authority under section 17; 
(d)'Course' means the prescribed course of 
education and training for the Diploma in 
.Medicine and Rural Health Care. 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1171 
., ".-
(e) 'Diploma in Medicine and Rural Health 
Care' means the diploma awarded by the 
~Authority on successful completion of the 
course of Diploma in Medicine and Rural 
Health Care under the provisions of the Act; 
(f) 'Fund' means the Assam Rural· Health 
Regulatory Authority fund referred to in 
section 13; 
(g) 'Medic,ine' means allopathic medicine but 
does not include veterinary medicines; 
(h) 'Medicine and Rural Health Care' means 
practice of allopathic medicines and health 
care system in rural areas in the State of 
Assam; -~ 
(i) 'Medical " $elro01' means awdtciQ)s _1"VY::>4+4-~~ 
established under this Act for imparting 
medical education both theoretical and 
practical for the course of Diploma in 
Medicine and Rural He81.th Care; 
(j) 'prescribed' means prescribed by rules 
framed under the Act; 
(k) 'Regulation' means regulation made under 
section 23; 
0) 'rural areas' means areas not included in a 
Municipal Corporation, a Municip&l Board 
or a Town Committee or any other area 
notified as urban area.; 
(m) 'Rules' means the rules framed under 
section 22 of the Act; 
(n) 'Rural Health Practitioners' means a holder 
of the diploma in Medicine and Rural Health 
Care who has registered himself as such 
with the Authority and obtained a certificate 
and a registration number; 
(o)'State Register of Rural Health Practitioners' 
means · the register maintainoo under section 
1 7 and the expressions 'Registered' and 
'Registration' shall be construed 
accordingly; 
(p) 'State' means the State of Assam; 
(q) 'State Government' means the Government 
of Assam; 
1172 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
. CHAPTER-fl 
CONSTITUTION OF ASSAM RURAL HEAL m 
REGULATORY AUTHORITY 
Establishment 3. (1) The State Government shall, by notification 
published in the 
of the Authority. Official Gazette, establish an authority to be 
called the Assam Rural Health Regulatory 
Authority. 
Constitution of 4. 
the Authority. 
(2) The Authorify shall be a body corporate 
having perpetual succession and a common seal 
with powers to acquire, hold and dispose of 
prcJerty, movable or immovable and to do all 
things necessary for the purpose of its functions 
and continuation and may sue and he sued in its 
corporate name. 
(1) The Authority shall consist of the 
following members, namely:-
(a)The Director of Medical Chairman 
Education, Assam 
(b) An officer of the Directorate Vice 
of Health Services, Assam, not Chairman 
below the rank of Additional 
Director-
(c) One Principal of the Medical Member 
Colleges of the State to be 
nominated by the State 
Government 
(d) Three medical practitioners Member 
of repute to be nominated by the 
State Government 
(e) Principal, Regional Nursing Member 
College 
(f) Principal, Regional Dental Member 
College · 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1173 
(g) Principals of the Medical Member 
institutions established under the 
Act. 
(h) An officer of the Health & Member 
Family Welfare Department not 
below the ·rank of Deputy 
Secretary to be nominated by the 
State Goverrunent 
(i) Joint Director of Medical Member 
Education 
(J) Deputy Director of the Member -
Directorate of Medical Secretary 
Education, Assam 
(2) The Chairman and the Vice Chairman shall, 
subject to the provisions of the Act, exercise such 
powers and perform such duties as may be 
prescribed. 
(3) The term of the Authority shall be three years 
from the date of publication of the notification 
issued under section 3 of the Act. 
(4) Any interim vacancy amongst the members of 
the Authority caused by any reason shall be filled 
up in the like manner in which his predecessor was 
appointed as such member and only for the rest of 
the term of the said predecessor. 
Disqualification. 5. (1) A person shall not be qualified for being 
nominated or elected as a member of the 
Authority if 
(a) he is not a citizen of India, or 
(b) he has been sentenced for an offence 
involving moral turpitude, or 
( c) he is an employee of the Authority: 
(2) The business of the Authority shall be 
conducted in •he manner as may be prescribed . 
1174 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
CHAPTER~III 
POWERS AND FUNCTIONS OF THE AUTHORITY 
Powers 6. (1) Subject to the provisions of this Act and the rules 
and made thereunder the Authority shall exercise such 
Functions powers and perform such ftmctions as may be necessary 
for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality 
of the foregoing provisions, the powers and functions of 
the Authority shall include :-
(a) to hold, conduct and regulate the examinalion for the 
course including entrance test for admission into the 
Medical Institute; · 
(b) to maintain State Register of Rural Health 
Practitioners; 
( c) to hear and decide appeals by and against such 
registered Rural Health Practitioners; 
(d) to prescribe regulations and code of .ethnics for 
regulating the profession for conduct of such 
registered Rural Health Practitioners; 
(e) to reprimand a Rural Health Practitioner, to suspend 
or remove the name from the State Register of Rural 
Health Practitioner or to take such other disciplinary 
actions against him as may in the opinion of the 
Authority be necessary or expedient; 
I 
(f) to lay down norms and standard for the course, 
curriculum, facilities for instruction, training 
assessments and examinations for students 
undergoing the course for Diploma in Medicine and 
Rural Health Care and of the Medical Institute; 
(g) to fix norms and guidelines for charging tuition fees; 
(h) to provide guidelines for admission of students to the 
course; 
~ THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1175 
(i) to · inspect the physical facilities, staff position, 
Hospital and academic infrastructure of a Medical 
Institute imparting education and training for Diploma in 
Medicine and Rural Health Care at the time of starting of 
such an Institute and to give no objection certificate after 
the said Institute has completecl all formalities and norms 
and to make periodical inspection to judge compliance of 
shortcomings pointed out, and to maintain standard of the 
Institute; 
(j) to perform such other functions as may be prescribed 
by rules; 
1176 THE ASSAM GAZETTE, EXTRAORDrNARY, SEPT. 18, 20u 4 
CHAPTER-IV 
Minimum 
Standard. 
MEDICAL INSTITUTE 
7. The Authority may prescribe the _minimum 
standards of the course, the curriculum, the 
examination etc. in respect of the course and 
prescribe by regulation the terms conditions 
a.nd norms fo be fulfilled, facilities to be 
provided by a Medical Institute for imparting 
education and training for the course of 
Diploma in Medicine and Rural Health Care. 
Permission to 8. (1) Notwithstanding anything contained in 
this Act or a11y other law for the time 
being Ji force · no person or 
organiz.ation other th~n the State 
Govem.~ent of Assam shall establish 
a Medical Institute without (a) the 
recommendation of the Authority and 
open a Medical 
Institute 
- (b) prior and expressed permission of 
the State Government. 
(2) Every person or organization or trust 
wanting to start a Medical Institute 
shall for the purpose of obtaining 
permission under sub-section (I) 
submit to the State Government a 
proposal in accordance with the 
provisions of the Act and the rules 
.framed thereunder and the State 
Government shall refer the proposal to 
the Authority for its scrutiny and 
recommendations. 
)'HE ASSAM GAZETTE, EXTRAORDINARY, SEPT 18 2004 1177 
-- (3) On receipt of the proposal, the 
Authority may obtain such other 
particulars and information as may be 
considered necessary from the person 
or the organization concerned and 
thereafter if may, if the proposal is 
defective and does not contain any 
necessary particulars, give a 
rea.'lOnoble opportunity to the person 
or organization concerned for making 
a written representation and it shall be 
open tot such person or organization to 
rectify the defects, if any, specified by 
the Authority. 
( 4) The State Government may after 
considering the proposal and the 
recommendations or. observations of 
the Authority and after obtaining, 
where necessary, such other 
particulars as may be considered 
necessary by it from the person or the 
organization concerned either approve 
(with such conditions, if any, as may 
be considered necessary) or 
disapprove the proposal. 
(5) The . Authority while making its 
recommendations and the State 
Government while passing an order, 
either approving or disapproving the 
proposal shall have d~ regard to the 
following factors, namely,· 
(a) whether the proposed person or 
organization seeking to open a 
Medical Institute would be in a 
position to offer the minimum 
standards of education as prescribed 
by the Authority; 
(b) whether the person seeking to 
establish a Medical Institute nas· 
adeouate financial resources; 
' 1178 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
Powers of 
inspection · 
infonnati< 
9. 
Withdrawal of 10. 
recognition. 
(c) whether necessary facilities in respect 
of staff: equipment, accommodation, 
training and other facilities to ensure 
proper functioning of the Medical 
Institute 
(d) whether adequate hospital facilities 
having regard to the number of 
students likely to attend the Medical 
Institute would be available; 
( e) whether adequate qualified teaching­
and non-teaching staff would be 
available in ~e Medical Institute.; 
(t) any other condition as may be 
prescribed. 
(6) A copy of the order passed by the 
State Government either approving or 
disapproving of the proposal shall be 
communicated to the concerned 
parties and the Authority. 
The Authority shall have powers to 
inspect or cause inspection and call for 
any information as may be required by 
the Authority to discharges its duties. 
(1) When upon a report or inspection or 
otherwise it appears to the Authority 
that the courses of study and 
examinations undergone iii any 
Medical Institute, or the staff, 
equipment, accommodation, training 
and other facilities for instructions and 
training provided in such Medical . 
Institute do not confonn the standards 
prescribed by the Authority; the 
Authority may i:efer the· matter to that 
effect to· the State Ck>vernment. 
' 4• 11 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18', 2004 1179 
(2) After considering such reference the 
State Government may send such 
reference to the Medical Institute with 
an intimation of the period within 
which the Medical Institute may 
submit its explanation to the State 
Government 
(3) On r~ceipt of the explanation or where 
no such explanation is received within 
the period fixed, the State Government 
after making such further inquiry as it 
may think fit, may by an order de­
recognize the Medical Institute and on 
such de-reorganization the said 
Medical Institute shall not admit any 
students for the course. 
1180 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
CHAPTER-V ~ 
SECRET ARY AND OTHER OFFICERS AND STAFF 
Secretary and 
other Officers 
and Staff of the 
Authority. 
Duties and 
functions of the 
Secretary. 
11. ( 1) The Deputy Director in the Directorate 
of Medical Education, Assam shall be 
the Secretary of the Authority. 
(2) The State Government shall place at 
the disposal of the Authority the 
required manpower to enable the 
Authority to function smoothly. 
(3) The Secretary, other officers and the 
staff shall be under the administrative 
control of the Authority and shall be 
deemed to be public servants within 
the meaning of section 21 of the 
Indian Penal Code, 18 60 ( 45 of 1860). 
12. (l) It shall be the duty of the Secretary to 
keep and maintain the State Register 
of Rural Health Practioners in 
acc-0rdance with the provisions of this 
Act and the rules made thereunder, 
and to revise it from time to time in 
such manner as may be prescribed. 
(2) The Secretary shall see that the State 
Register of Rural Health Practioners is 
as fat as possible correct at all times 
and may from time to time enter 
therein any material alteration in the 
addres.. or qualifications or other 
material alteration in the address or 
qualifications of the Rural Health 
Practioners; 
(3) The Secretary may remove from the 
State Register of Rural Health 
Practioners the name of Diploma 
Holders who bas died or whose name 
is directed to be removed from the 
State Register of Rural Health 
Practioners. -
THE ASSAM GAZETTE, EXTRAORDINARY. SEPT. 18, 2004 1181 
Fund of the 
Authority. 
Purpose for 
which the Fund 
of Authority 
maybe 
utilised. 
Accounts and 
Audit. 
CHAPTER-VI 
FUND OF THE AUTHORITY 
13: ( 1) The Authority shall establish a fund to 
be called the Ansam Rwal Health 
Regulatory Authority Fund. 
(2) The following shali form part of or be 
paid into the Fund,-
( a) any contribution or grant made 
by the Central or the State 
Government; 
(b) income of the Authority from aJ1 
the sources including incom~ 
from fees and fines; 
( c) truSt, donations, endowments 
and other grants. if any; and 
(d) all other sums received by the 
Authority. 
14. The Fund of the Authority may be utilized 
for the following purposes,namely,-
(a) the expenses of any suit or' legal 
proceeding to which the Authority is a 
party; 
(b) the payment of salaries and 
allowances to the officers and staff of 
the Authority, if any; 
( c) the payment of allowances to the 
Members of the Authority. if required; 
( d) the payment of any expenses incurred 
by the Authority in carrying out the 
provisions of this Act and the rules 
framed thereunder. 
15. (1) The accounts of the Authority shall be 
prepared before such date and at such 
intervals, and in such manner as may 
be prescribed. 
(2) The accounts of the Authority shiµl be 
audited by a Chart..ered Accountant. 
The Audit fees of the Chartered 
Accountant . shall be fixed by. the 
Authority from time to time. · 
1182 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18,.2004 
B dget 
(3) As soon as the accounts of the 
Authority are audited the Authority 
shall send a copy thereof together. with 
a report of the Auditor to the State 
Government. 
( 4) Notwithstanding anything -contained in 
the ·forgoing provisions of this section 
the accounts of the Authority shall be 
subject to the audit by the Comptroller 
and Auditor General. 
-16. (1) The Secretary--sball prepare the budget 
of the Authority and place the same in 
a meeting of the Authority before the 
commencement of a financial year and 
the Authority ·after due discussion; 
addition or alteration, as it may think 
necessary, shall pass the budget and 
the Secretary shaH forwarded a copy 
thereof to the State Government 
(2) If· the State Government is of the 
opinion that the provisions of the 
budget so forwarded to it are not 
ad.equate for carrying out the purposes 
of this A~ it shall return the budget to 
the Authority for such modifications, 
as may be suggested by the State 
Government and the Authority shall 
thereupon rectify, alter or amend the 
budget accordingly. 
(3) The Authority shall be competent to 
re-appropriate such amounts as may 
be necessary from one head to another 
and within such heads. 
THE ASSAM GAZETTE , EXTRAORDINARY, SEPT. 18, 2004 1183 
/-,_ 
CHAPTER· VII 
REGISTRATION AND STATE REGISTER OF RURAL 
HEAL TH PRACTIONERS 
State Register 17. (1) The Authority shall cause to be 
of Rural Health maintained in the prescribed manner 
Practitioners. and form a register of Diploma 
Holders in Medicine and Rural Health 
Care to be known as the State Register 
of Rural Health Practitioners. 
(2) It shall be the duty of the Secretary to 
keep and maintain the State Register 
of Rural Health Practitioners in 
accordance .with the provisions of this 
Act and the rules made thereunder. 
(3) The State Register · of RW"a.1 Health 
Practitioners shall be deemed to be a 
public document within the meaning 
of the Indian Evidence Act, 1872. 
(4) Every person on successful 
completion of the course shall be 
eligible for enrollment in the State 
Register of Rural Health Practitioners 
on furnishing to the Secretary the 
proof of such qualification and on 
payment of such• fees as may be 
prescribed. 
(5) Every person whose name has been 
enrolled in the State Register of Rural 
Health Practitioners shall be entitle to 
have a certificate issued by the 
Authority under the hand and seal of 
the President and the Secretary and 
bearing a Registration Number and 
shall be eligible to practise medicine 
and Rural Health Care in rural areas of 
the State of Assam: 
1184 fHE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 20Q4 
Power of the 
Authority to 
prohibit entry 
in, or_ to order 
removal from 
State Register, 
name of any 
person. 
Alteration of 
the State 
Register of 
Rural Health 
Practitioners. 
(6) 
Provided that no Rural Health 
Practitioner shall use the word 
'~Doctor" or "Dr." before and after his 
name. However he may identify 
himself as Rural Health Practitioner or 
RHP. 
18. Tne Amhority may upon .a reference from 
the Secretary or. otherwise by order prohibit 
the entry in, or. order the removal from the 
State Register of Rural Health Practitioners 
the name of any person; 
(a) who has been sentenced by a criminal 
court for imprisonment for an offence 
indicating. in the opinion of ·the 
Authority, such a defect in character 
as . would render the enrollment or 
continuance of his name in the State 
Register of Rural Health Practitioners 
undesirable; 
(b) whom the Authority ~ reasonable 
inquiry has found guilty of inf wnous 
conduct in any professional respect by 
a majority of two thirds of the 
members present and voting at the 
meeting: 
Provided that no order shall be 
passed under this section without 
giving a reasonable opportunity of 
being heard to the person concerned. 
19. ( 1) The Authority may after giving the 
person concerned a reasonable 
opportunity of being heard and 
inquiring into his objections, if any 
order that any entry in the State 
Register of Rural Health Practitioners, 
which in the opinion of the Authority, 
has beeri incorrectly or fraudulently 
been made or brought about, be 
cancelled or amended. 
,7.fHE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1185 __, 
Appeal against 
order of the 
Authority. 
Prohibition of 
Practice except 
as provided in 
this Act. 
(2) The Authority may direct removal for 
ever, or for a specified period from the 
State Register of Rural Health 
Practitioners the name of any Rural 
Health Practitioner for the same 
reason for which registration may be 
prohibited or denied by the Authority 
under section 21 _. 
20. Any person whose application· for 
enrollment in the State Register of Rural 
Health Practitioners has been rejected or 
whose entry in the State Register of Rural 
Health Practitioners has been derued or 
prohibited under section 21, or whose name 
has been removed from the State Register of 
Rural Health Practitioners may within 
ninety days of the order rejecting, 
prohibiting or removing, as the case may be, 
may prefer an appeal to the State 
Government and the decision of the State 
Government thereon shall be final. 
21. (1) No person whose name is not enrolled 
or has been cancelled or removed 
from the State Register of Rurai 
Health Practitioners shall practise 
Medicine and Rural Health Care at 
any place whether rural or urban in the 
State of Assam. . 
(2) Any person who contravenes the 
provisions of sub-section (1) shall be 
punished with imprisonment, which 
may extend to 6 years or fine which 
may extend up to rupees thirty 
thousand or with both. 
11 86 THE ASSAM GAZETTE, EXTRAO RDINAR Y, SEPT. 18, 2004 _. ~ 
Power to 
make rules. 
CHAPTER-VIII 
RULES AND REGULATIONS 
22. (l) The State Government may make rules to 
carry out the purposes of this Act. 
(2) Without prejudice to the generality of the 
forgoing provision such rules may provide 
for;- · 
(a) the management of property of the 
Authority and the maintenance and audit 
of its accounts; 
(b) p<JWers, functions and duties of the 
Chairman and the Vice-Chairman of 
the Authority; 
(c) the travelling and other allowances 
including the sitting allowance payable to 
the Members of the Authority and the 
fees of the Auditor; 
(d) the qualifications. conditions of the 
service and· pay and allowance of the 
Officers and staff of the Authority; 
(e) the form and the manner for 
maintenance of the State Register of 
Rural Health Practitioners and the 
manner of revision thereof; 
(f) any other matter that may be required 
to be prescribed. 
(3) Every rule made under this section shall 
be laid, as soon as may be after it is made, 
before the Assam Legislative Assembly 
while it is in session for a total period of 
fourteen days which may be comprised in 
one session or in two successive sessions, 
and if, before the expiry of the session in 
which it is so laid or the session 
immediately following, the Assam 
Legislative Assembly agree in making any 
modification in the rules or the Assam 
Legislative Assembly agree that the rules 
should not be made the rules 
shall thereafter have effect only in such 
.-/-
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1187 
Power to 
make 
Regulations. 
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 ot 
anything previously done under that rules. 
23. (1) The Authority may with the previous 
approval of the State Government and 
subject to the provisions of the Act and 
the rules made under section 22 make 
regulations generally to carry out the 
purposes of this Act, and without 
prejudice to the generality of the forgoing 
powers, such regulations may provide 
for;-
( a) the conduct of businesses of the 
Authority and the procedure to be 
followed for such conduct o f 
businesses; 
(b) the mode of appointmen t• of 
committees, the summoning and 
holding of meetings and the conduct 
of business ?f such commi1;tees; 
( c) the code of ethics for regulat ing the 
professional conduct of Rural Health 
Practitioners; 
(d)' the manner of admission to the 
Medical Institute in the State; 
( e) the manner in which the 
· examinations for the course in the 
Medical Institute are to be 
conducted; 
( f) any other matter for which under 
this Act or the rules made thereunder 
provision is required to be made by 
regulations. · 
(2) The State Government on receiving the 
regulations, may approve the~ subj ect to 
such modifications. aS it may thinki fit or 
return them to the Authority for 
~nsideration. 
1188 THE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 18, 2004 
(3) The State Government may, by order 
require the Authority to amend, alter, 
resind or modify the regulations in the 
manner as it may direct, and the Authority 
on receipt of such an order shall amend, 
alter, resind or modify the regulations 
accordingly. 
CHAPTER-IX 
POWERS AND FUNCTIONS OF RURAL HEALTH 
PRACTIONERS 
Powers and 
Functions. 
24. The Rural Health Practitioners shall be eligible 
to practise Medicine and Rural Health Care 
subject to the following conditions,namely, · 
(a) they shall treat only those diseases and 
carry out those procedures which shall be 
outlined in the rules; 
(b) they shall prescribe only those drugs, 
which shall be outlined in rules; 
( c) they shall not carry out any surgical 
procedure, invasion, investigation or 
treatment, ·Medical Tennination or 
Pregnancy etc., but shall confine 
themselves to such medicinal treatment 
and perform such minor surgery as may 
be prescribed. 
(d) they shall practise only in rural areas as 
defined in the Act; 
( e) they may issue illness certificates and 
death certificates. 
( f) they shall maintain name, address, age, 
sex, diagnosis and treatment records of all 
patients treated by them; and 
(g) they shall not be eligible for employment 
in Hospitals, Nursing Homes and Health 
establishments located in urban are·as as 
General Duty Physicians involved in 
patient care in OPD, Emergency and 
Indoor Services. 
! 
THE ASSAM GAZETTE , EXTRAORDINAR Y, SEPT. 18, 2004 1189 
Penalty for 
dishonest use 
of certificate. 
Cognironce of 
offences. 
Informatio n to 
be furnish ed by 
the Authori ty 
CHAPTER-X 
MISCELLANEOUS 
25. Any person who,-
(a) dishonestly makes use of . any 
certificate of registration granted to 
him; or 
(b) procures or attempts to procure 
registration under the provisions of 
this. Act by making .or producin g or 
causing to be made or produced any 
false or fraudulent declarat io14 
certificate or representation wheth er in 
writing or otherwise; or 
( c) willfully makes or causes to be made 
by false representa tion in any matter 
relating to the certificate or 
registration issued under provisions of 
this Act; 
sha11 on convictio n, be punis hable, 
with imprisonment which may extend 
to one year or with fine whic h may 
extend to one thousand rupe es or with 
both. 
26. (I) No court shall take cognizance of an 
offence punishable under this Act, 
except upon a complain t in writing 
made by the Secretary or any other 
officer authorized by the Authori ty in 
this behalf by general or special order 
of the Autho rity. 
(2) No court inferior to that of a 
Magistrate of the first class shall try 
any offence punishable under this Act. 
27. The Authority shall furnish such reports, 
copies of its minutes, abstracts of its 
accounts, and other information to the State 
· Government as the State Government may 
require. 
1190 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
r enalties for 
not following 
section 27 of 
this Act. 
Control by the 
State 
Government. 
28. Any. registered Rural Health Practitioners 
who does not strictly follow the corufitions 
laid down under section 24 of the Act shall 
be liable to be-
( a) prosecuted under the provisions of this 
Act and on conviction may be 
imprisoned for 6 months or fined with 
rupees five thousand or both; and 
(b) bis name shall be removed from the 
State Register of Rural Health 
Practioners. 
29. If at any time it appears to the State 
Government that the Authority has failed to 
exercise, or has exceeded or abused any 
powers conferred upon it by or under this 
Act, or has failed to perform any of the 
duties entrusted or vested upon it by or 
tmder this Act, the State Government may, 
if it considers such failure, excess or abuse, 
to be of a serious nature, notify the 
particulars thereof to the Authority, 
requiring it to remedy such failure, excess 
or abuse within the period specified in the 
notice, and if the authority fails to remedy 
such failure, excess or abuse within the 
period specified in the notice, the State 
• 
ffi E ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1191 
_,,~ 
Government may dissolve the Authority and 
cause all or any of the powers and duties of 
the Authority to be exercised by such 
person and for such period not exceeding 
two years WJ it may think fit, and shall take 
steps to being into existence a new 
Authority. 
M. K. DEKA, 
Commissioner & Secreta ry 
to the Govt. of Assam, 
Legislative Department, Dispu r . 
GU WA HAT!- Print ed & Publi shed by the Dy. Director (P&S) , Directorat e of Ptg. & Sty., 
sAssa m, Guwahati-21, (Ex-Gazette) No. 3 73-500-600 -18-9-2004 . 

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