LexThe Himachal Pradesh Paramedical Council Act, 2003
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003
ARRANGEMENT OF SECTIONS
Sections:
1. Short title.
2. Definitions.
3. Establishment of Council.
4. Constitution of Council.
5. Disqualifications for membership.
6. Term of office of non-official members of the Council.
7. Resignation by non-official member.
8. Disabilities for continuing as the member of the Council.
9. Filling of casual vacancies.
10. Convening of meeting.
11. Decision of questions by majority of votes.
12. Minutes of proceedings.
13. Vacancies etc. not to invalidate proceedings.
14. Proceedings of meeting to be valid.
15. Allowances of the non-official members of the Council.
16. Power of Council to invite any person having knowledge or
experience in para-medicine.
17. Appointment of committee.
18. Power and functions of the Council.
19. Permission for establishment of new paramedical institution.
20. Non-recognition of paramedical qualification in certain cases.
21. Time for seeking permission for certain existing paramedical
institutions.
22. Recognition of paramedical qualifications granted by certain
paramedical institution whose qualifications are not included in
the Schedule.
23. Power to require information as to courses of study and
examinations.
24. Inspection of paramedical institutions.
25. Withdrawal of recognition.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 2
26. Minimum standards of paramedical education.
27. Registration of para-clinical establishments.
28. Application for registration.
29. Cancellation of registration.
30. Minimum standards of para-clinical establishment.
31. Inspection of para-clinical establishment.
32. Registrar and other officers and servants of the Council.
33. Duties of Registrar.
34. Funds of Council.
35. Objects to which fund of Council shall be applied.
36. Accounts and Audit.
37. Budget.
38. Registration, renewal and State Register.
39. Prohibition of collection of capitation fee, donation etc.
40. Power of Council to prohibit entry to, or to order removal from
State Register.
41. Alteration of State Register.
42. Procedure in inquiries.
43. Appeal against the order of the Council.
44. Prohibition on practice except as provided in this Act.
45. Prohibition of awarding degree in certain cases.
46. Offences and penalties.
47. Penalty for contravention of sections 19, 20, 21, 27 or 39.
48. Offences by companies.
49. Punishment for dishonest use of certificate.
50. Information to be furnished by the Council.
51. Cognizance of offence.
52. Control by State Government.
53. Power to make rules.
54. Power to make regulations.
SCHEDULE.
___________
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 3
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003
(ACT NO. 21 OF 2003)1
(Received the assent of the Governor on the 29thOctober, 2003 and
was published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary),dated 6th September, 2003, pp. 2197-2240)
An Act to provide for the establishment of Paramedical Council in the
State of Himachal Pradesh and to regulate the practice by
paramedical practitioners and institutions.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-fourth Year of the Republic of India, as follows:-
1. Short title.- This Act may be called the Himachal Pradesh
Paramedical Council Act, 2003.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “approved institution” means a hospital, health center or other
such institution recognized by a University as an institution in
which a person may undergo the training, if any, required by
his course of study before the award of any paramedical
qualification to him;
(b) “Council” means Paramedical Council established under
section 3 of this Act;
(c) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(d) “para-clinical establishment” means a place catering to
pathological, bacteriological, genetic radiological, biological
investigations or other diagnostic services with the aid and
assistance of devices and equipments, established as an
independent entity or part of an establishment such as a
hospital, nursing home, polyclinic, sanatorium, maternity
home, immunisation or vaccination clinics, dispensary,
special camps where physically or mentally sick, infirm,
injured or disabled person is admitted as a patient for
treatment, observation or care or seen as outpatient;
(e) “paramedical” means any person qualified in paramedical
subject and who helps inteaching or practice of-
(i) medicine within the meaning of clause (f) of section 2
of the Indian Medical Council Act, 1956 (102 of 1956);
or
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
18th July, 2003, pp. 919 and 941.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 4
(ii) medicine in Homoeopathy within the meaning of clause
(4) of section 2 of the Himachal Pradesh Homoeopathic
Practitioners Act, 1979 (3 of 1980); or
(iii) medicine in Ayurvedic System and Unani System
within the meaning of clause (e) and (h) respectively of
section 2 of the Himachal Pradesh Ayurvedic and
Unani Practitioners Act, 1968 ( 21 of 1968);
(f) “paramedical institution” means any institution, within or
outside India, which grants degrees, diplomas, certificates or
licence in paramedical;
(g) “paramedical qualification” means the qualification relating
to paramedical education, mentioned in the Schedule
appended to this Act;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “President” means the President of the Council;
(j) “recognized paramedical qualifications” means a degree,
diploma or certificate in any paramedical qualifications,
granted by any University established by law or any other
institution recognized by the State Government in this behalf;
(k) “registered paramedical practitioner” means a person
registered as such under section 38 of this Act;
(l) “Registrar” means the Registrar appointed by the Council
under section 32 of this Act;
(m) “Schedule” means a Schedule appended to this Act;
(n) “State Government” means Government of Himachal
Pradesh; and
(o) “State Register” means a register maintained under this Act
and expression “registered” and “registration” shall be
construed accordingly.
3. Establishment of Council.- (1) The State Government shall, as
soon as may be, establish, by notification published in the Official Gazette, a
Council with effect from such date, as may be specified therein
(2)The Council shall be a body corporate by the name of the
Himachal Pradesh Paramedical Council, and shall have perpetual succession
and a common seal, with power to acquire, hold and dispose of property both
movable and immovable and to contract and to do all other things necessary
for the purpose of this Act and may by the said name sue and be sued.
4. Constitution of Council.- (1) The Council shall consist of the
following members, namely:-
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 5
(i) EX-OFFICIO MEMBERS :
(a) Director, Medical Education, Himachal
Pradesh
President
(b) Director, Health Services, Himachal
Pradesh
Vice-President
(c) Director, Dental Health Services,
Himachal Pradesh
Member
(d) Director, Ayurveda, Himachal Pradesh Member
(e) Heads of Department of Orthopaedics,
Indira Gandhi Medical College, Shimla
and Dr. Rajindra Prasad Government
Medical College, Tanda
Members
(f) Professor and Heads of Department of
Microbiology Indira Gandhi Medical
College, Shimla and Dr. Rajindra Prasad
Government Medical College, Tanda
Members
(g) Professor and Heads of Department of
Bio-Chemistry, Indira Gandhi Medical
College, Shimla and Dr.Rajindra Prasad
Government Medical College, Tanda
Members
(i) Professors and Heads of Department of
Pathology, Indira Gandhi Medical
College, Shimla and Dr.Rajindra Prasad
Government Medical College, Tanda
Member
(j) Professors and Heads of Department of
Radiology, Indira Gandhi Medical
College, Shimla and Dr. Rajindra Prasad
Government Medical College, Tanda.
Members
Professor and Heads of Department of
Physiotherapy, Indira Gandhi Medical
College, Shimla and Dr. Rajindra Prasad
Government Medical College, Tanda.
Members
(ii) NON-OFFICIAL MEMBERS :
Five elected members of the registered paramedical practitioners and
two from para medical Institutions and two from Para-clinical
establishment to be elected from amongst themselves in such manner,
as may be prescribed by regulations:
Provided that in case of constitution of the Council for the first time
after the commencement of this Act, the members of this category shall be
nominated by the State Government till the assumption of office by the
elected members:
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 6
(iii) Registrar shall be the Secretary of the Council.
(2) No person shallat the same time serve as a member in more than
one capacity.
5. Disqualifications for membership.- A person shall be disqualified
for being a non-official memberif-
(a) he is not a citizen of India; or
(b) he is an undischarged insolvent; or
(c) he is of unsound mind and stands so declared by a competent
court; or
(d) he has been sentenced for an offence involving moral
turpitude; or
(e) he is an employee of theCouncil and is remunerated by salary
or honorarium; or
(f) his name has been removed from the State Register, or from
the register of registered medical or paramedical practitioner
maintained under any Act for the time being in force.
6. Term of office of non- official members of the Council.- (1) Save
as otherwise provided in this Act, non-official members shall hold office for a
term of three years from the date of first meeting of the Council.
(2) Notwithstanding the expiration of the term specified under sub-
section (1), an outgoing member shall continue in office until a new member
is nominated or elected, as the case may be, and assumes office.
7. Resignation by non-official member.- Any non-official member
of the Council may resign from his office by a letter addressed to the
President and the resignation shall take effect from the date of acceptance of
his resignation by the President.
8. Disabilities for continuing as the member of the Council.- (1) If
any non-official member of the Council during the period of his office-
(a) absents himself from three consecutive meetings of the
Council without the permission of the Council; or
(b) remained abroad for a period exceeding twelve consecutive
months; or
(c) becomes subject to any of the disqualifications specified in
section 5; or
(d) ceases to be registered paramedical practitioner under any
Act, for the time being in force,
the Council shall declare his office as vacant :
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 7
Provided that no declaration shall be made under this sub-section
unless a reasonable opportunity of being heard is given to the concerned
member of the Council.
(2) Any non-official member aggrieved by a declaration under sub-
section (1) may prefer an appeal to the State Government within ninety days
from the date of such declaration and the decision of the State Government
thereon shall be final.
9. Filling of casual vacancies.- If a non-official member of the
Council dies or resigns, or otherwise ceases to be a member, the vacancy shall
be filled, as soon as may be, by election, and the person so elected shallhold
office for the unexpired term of office of the member in whose place he
becomes a member.
10. Convening of meeting.- (1) The Council shall meet on such time,
date and place, as the President may fix.
(2) The President may, whenever he thinks fit, call a special meeting,
and shall be bound to do so within two weeks of the receipt of written
requisition, signed by not less than eight members of the Council.
(3) The notice of every meeting specifying the time and place thereof
and the business to be transacted thereat, shall be dispatched to every member
fifteen clear days before an ordinary meeting and seven clear days before a
special meeting.
(4) No business other than that specified in the notice relating thereto,
shall be transacted at a meeting except with the permission of the chair.
(5) Every meeting shall be presided over by the President and in his
absence by the Vice-President and in the absence of both by any other
member chosen by the members present.
(6) Any meeting of the Council may, with the consent of the majority
of the members of the Council present, be adjourned from time to time, to a
later hour on the same day or to any other date, but no business other than left
over at the adjourned meeting shall be transacted at such meeting. A notice of
adjournment pasted in the office of the Council or at the place of meeting, on
the day on which the meeting is adjourned, shall be deemed sufficient notice
of the next ensuing meeting.
(7) The quorum for a meeting of the Council shall be one third of the
total number of members of the Council.
(8) If any time in a meeting there is no quorum, the presiding
authority shall adjourn it to such time or date as it thinks fit and the business
set down for the meeting shall be transacted at the subsequent meeting,
whether at such meeting there is a quorum or not.
(9)No business other than the business fixed for the meeting, shall be
transacted at such subsequent meeting.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 8
(10) A notice of adjournment shall be affixed in the office of the
Council or at the place of meeting, on the day on which the meeting is
adjourned.
11. Decision of questions by majority of votes.- Save as otherwise
provided in this Act, all questions brought before any meeting of the Council,
shall be decided by a majority of votes of the members present and in case
votes being equal the presiding authority at the meeting shall have a second or
casting vote.
12. Minutes of proceedings.- (1) The minutes of proceedings of each
meeting of the Council shall be recorded in abook to be kept for the purpose
and the names of the members of the Council present thereat shall be entered
in the minute book; and shall be signed in confirmation by the
presidingauthority in the same or next meeting.
(2) A copy of the minutes of proceedings of each meeting of the
Council shall be forwarded to the State Government within ten days from the
date of confirmation.
13. Vacancies etc. not to invalidate proceedings.- No Act or
proceedings of the Council shall be invalid merely by reason of-
(a) any vacancy therein, or any defect in the constitution thereof;
or
(b) any defect in the election or nomination of a person as a
member thereof; or
(c) any irregularity in its procedure not affecting merits of the
case.
14. Proceedings of meeting to be valid.- Unit the contrary is proved,
every meeting of the Council shall be deemed to have been duly convened
when the minutes of the meeting have been signed in accordance with the
provisions of this Act.
15. Allowances of the non-official members of the Council.- The
non-official members of the Council shall receive such travelling and other
allowances, as may be prescribed by regulations.
16. Power of Council to invite any person having knowledge or
experience in para-medicine.- (1) The Council may, if it thinks necessary,
invite any person having special knowledge or experience in para-medicine to
its meeting, to hear his views on the subject and such person shall have right
to take part in the discussion on the subject but shall not have the right to vote
in the meeting of the Council.
(2) The invitee shall be entitled to receive such allowances as are
admissible to the non-official membersof the Council.
17. Appointment of committee.- (1) The Council may appoint, from
time to time and for such period a committee consisting of such number of its
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 9
members as it may think fit and may refer to such committee for enquiry and
report or for opinion any matter under this Act.
(2) The committee appointed under sub-section (1) shall at its first
meeting elect one of its members to be its Chairman.
(3) The mode of appointment of such committee, the summoning and
holding of meetings and the conduct of business of such committee shall be
such as may be prescribed by regulations.
18. Power and functions of the Council.- (1) Subject to the
provisions of this Act and the rules made thereunder, the Council shall
exercise such powers and perform such functions 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 Council shall be,-
(a) to maintain the State Register of paramedical practitioners;
(b) to hear and decide appeals from the decision of the Registrar
in such manner, as may be prescribed by regulations;
(c) to prescribe by regulations a code ofethics for regulating the
professional conduct of registered paramedical practitioners;
(d) to reprimand a registered paramedical practitioner, or to
suspend or remove the name from the State Registrar, or to
take such other disciplinary action against him, as may, in the
opinion of the Council, be necessary or expedient;
(e) to permit any member to be absent from three consecutive
meetings of the Council;
(f) to promote innovations, research and development in
establishment of new paramedical subjects;
(g) to formulate schemes for promoting paramedical education;
(h) to promote an effective link between Paramedical Education,
Medical Education and Ayurvedic System of Medicine and to
promote research and development in these subjects;
(i) to lay down norms and standards for courses, curricula,
physical and instructional facilities, staff pattern, staff
qualifications, quality instructions, assessment, examinations
and continuing medical education;
(j) to fix norms and guidelines for charging tuition and other
fees;
(k) to advise the State Government in respect of grant of charter
to any paramedical body or institution in the field of
education;
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 10
(l) to provide guidelines for admission of student of paramedical
institution and Universities imparting paramedical education;
(m) to inspect or cause to be inspected any paramedical
institution;
(n) to constitute or authorize a Board for conducting the
examination and to maintain uniformity of standard;
(o) to register para-clinical establishments;
(p) to prescribe minimum standards for the establishment of para-
clinical establishments;
(q) to perform such other functions, as may be prescribed; and
(r) to conduct the election of members under item (ii) of sub-
section (1) of section 4.
19. Permission for establishment of new paramedical institution.-
(1) Notwithstanding anything contained in this Act,-
(a) no person shall establish a para-medical institution; and
(b) no paramedical institution shall-
(i) open a new or higher course of study or training which
would enable a student of such course or training to
qualify himself for the award of any recognized
paramedical qualification; or
(ii) increase its admission capacity in any course of study or
training,
except with the previous permission of the State Government obtained in
accordance with the provisions of this section.
Explanation.- For the purposes of this section, the expression “
person” includes any University or a trust but does not include the State
Government.
(2) Every person or paramedical institution shall, for the purpose of
obtaining permission under sub-section (1), submit to the Council a scheme in
accordance with the provisions of sub-section (3).
(3) The scheme referred to in sub-section (2) shall be in such form,
contain such particulars, preferred in such manner and accompanied with such
fee, as may be prescribed.
(4) On receipt of a scheme by the Council under sub-section (2), the
Council may obtain such other particulars as may be considered necessary by
it from the person or the paramedical 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
institution concerned for making a written representation and
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 11
it shall be open to such person or paramedical institution to
rectify the defects, if any, specified by the Council; and
(b) consider the scheme, having regard to the factors referred to
in sub-section (8), and submit the scheme together with its
recommendations thereon to the State Government.
(5) The State Government may, after considering the scheme and the
recommendations of the Council under sub-section (4) and after obtaining,
where necessary, such other particulars as may be considered necessary by it
from the person or institution concerned, and having regard to the factor
referred to in sub- section (1), either approve ( with such conditions, if any, as
it may consider necessary)or disapprove the scheme and any such approval
shall be a permission under sub-section (1) :
Provided that no scheme shall be disapproved by the State
Government except after giving the person or institution concerned a
reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any
person or paramedical institution whose scheme has not been approved by the
State Government to submit a fresh scheme and the provisions of this section
shall apply to such scheme as if such scheme has been submitted for the first
time under sub-section (2).
(6) Where, within a period of one year from the date of submission of
the scheme to the Council under sub-section (2), no order passed by the State
Government has been communicated to the person or institution submitting
the scheme, such scheme shall be deemed to have been approved by the State
Governmentin the form in which it had been submitted to the Council and
accordingly, the permission of the State Government required under sub-
section (1) shall also be deemed to have been granted.
(7) In computing the time limit specified in sub-section (6), the time
taken by the person or institution concerned submitting the scheme in
furnishing any particulars called for by the Council, or State Government,
shall be excluded.
(8) The Council, while making its recommendations under clause (b)
of sub-section (4) and the State Government while passing an order, either
approving or disapproving the scheme under sub-section (5), shall have due
regard to the following factors, namely :-
(a) whether the proposed paramedical institution or the existing
paramedical institution seeking to open a new or higher
course of study or training, shall be in a position to offer the
minimum standards of paramedical education as prescribed
by the Council under section 26 of this Act;
(b) whether the person seeking to establish a paramedical
institutionor the existing paramedical institution seeking to
open a new or higher course of study or training or to increase
its admission capacity has adequate financial resources;
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 12
(c) whether necessary facilities in respect of staff, equipment,
training and other facilities to ensure proper functioning of
the paramedicalinstitution or conducting the new course of
study or training or accommodating the increased admission
capacity have been provided or would be provided within the
time limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the
number of students likely to attend such paramedical
institution or course of study or training or as a result of the
increased admission capacity, have been provided or shall be
provided within the time-limit specified in the scheme;
(e) whether any arrangement has been made or programme
drawn to impart proper training to students likely to attend
such paramedical institution or course of study or training by
persons having the recognized paramedical qualifications;
(f) the requirement of manpower in the field of practice of
medicine; and
(g) any other factors as may be prescribed.
(9) Where the State Government passes an order either approving or
disapproving a scheme under this section a copy of the order shall be
communicated to the persons or paramedical institution concerned.
20. Non-recognition of paramedical qualification in certain cases.-
Where any paramedical institution is established or any paramedical
institution opens a new or higher course of study or increases its admission
capacity without the previous permission of the State Government in
contraventionof the provision of this Act, paramedical qualification so given
to any student by such paramedical institution, shall not be recognized
paramedical qualification for the purpose of this Act.
21 Time for seeking permission for certain existing paramedical
institutions.- If any person has established a paramedical institution or any
paramedical institution has opened a new or higher course of study or training
or increases the admission capacity, such person or paramedical institution, as
the case may be, shall seek within a period of one year from the
commencement of this Act, the permission of State Government under the
provisions of this Act.
22. Recognition of paramedical qualifications granted by certain
paramedical institutions whose qualifications are not included in the
Schedule.- Any paramedical institution in India, which desires a paramedical
qualification granted by it, to be included in the Schedule, may apply to the
State Government with such application fee as may be fixed by regulations to
have such qualification recognized and the State Government, after consulting
the Council, may by notification in the Official Gazette, amend theSchedule
as to include such qualification therein, and any such notification may also
direct that an entry shall be made in the last column of Schedule against such
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 13
paramedical qualification declaring that it shall ba a recognised paramedical
qualification only when granted after specified date.
23. Power to require information as to courses of study and
examinations.- Every University or paramedical institution in India which
grants a recognized paramedical qualification, shall furnish such information
as the Council may, from time to time, require as to the courses of study and
examinations to be undergone in order to obtain such qualification as to the
age at which such courses of study and examinations are required to be
undergone and such qualifications conferred and generally as to the requisite
for obtaining such qualification.
24. Inspection of paramedical institution.- The Council shall cause
all paramedical institution to be inspected as and when deemed necessary.
25. Withdrawal of recognition.- (1) If it appears to the Council,-
(a) that the courses of study and examination to be undergone in
orthe proficiency required from candidates at any
examination held by any University or paramedical institution
do not conform to the standards prescribed by regulations by
the Council; or
(b) that the staff, equipments, accommodation, training and other
facilities for instruction and training provided in such
University or paramedical institution or in any college or
other institution affiliated to thatUniversity do not conform to
the standards prescribed by regulations by the Council,
the council shall take action for the withdrawal of recognition.
(2) Before withdrawal of recognition, the Council shall send a show
cause notice to the paramedical institutionor University specifying the period
within which the reply shall be submitted.
(3) On receipt of the reply or where no reply is submitted within the
period specifiedin the show cause notice then on expiry of that periodthe
Council shall take decision in the matter.
26. Minimum standards of paramedical education.- The Council
may prescribe by regulations the minimum standards of paramedical
education required for granting recognized paramedical qualifications (other
than postgraduate paramedical qualification) by the paramedical institution in
India.
27. Registration of paramedical establishments.- No person shall
open, keep or carry on a para-clinical establishment without being registered
as such under this Act and except in accordance with the terms of registration
granted under this Act:
Provided that nothing in this section shall apply to a para-clinical
establishment which is in existence on the date of commencement of this Act,
for a period of six months from such date or where an application is made
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 14
within that period in accordance with provisions of section 28 of this Act, till
such time as, the application is disposed of.
28. Application for registration.- (1) Every person intending to carry
on a para-clinical establishment shall make an application to the Council for
registration of the clinical establishment within a period of three months from
the date ofcommencement of this Act.
(2) Every application for registration of para-clinical establishment
under sub-section (1) or for renewal of the registration under sub-section (6)
shall contain such particulars and shall be accompanied by such fees, asmay
be prescribed by regulations.
(3) The Council, if satisfied that the applicant and the para-clinical
establishment fulfils such terms and conditions as may be prescribed, shall
register the applicant and such para-clinical establishment shall grant him in
relation to the para-clinical establishment a certificate of registration in such
form as maybe prescribed within a specified period.
(4) The Council may reject an application if it is satisfied that the
applicant or the para-clinical establishment does not fulfil the conditions
prescribed under sub-section (3) and in every case where the application is
rejected, reasons therefor shall be recorded in writing.
(5)A certificate of registration issued under this section, subject to the
provisions of section 29, of this Act, shall be in force and shall be valid for a
period of five years from the date on which it is granted under sub-section (3)
unless cancelled earlier as per provisions of this Act.
(6) An application for renewal of a registration shall be made within a
period of six months before the expiry of validity of registration certificate
issued under sub-section (3).
29. Cancellation of registration.- At any time after a para-clinical
establishment is registered under section 28 of this Act, the Council, may
cancel such registration if it is satisfied,-
(i) that the terms and conditions of the registration are not being
complied with: or
(ii) that the person in whose name the para-clinical establishment
is registered has been convicted of an offence punishable
under this Act; or
(iii) that any other person including a juristic person who has been
convicted of an offence under this Act is associated with
another juristic person or other para-clinical establishment.
30. Minimum standards of para-clinical establishment.- (1) Every
para-clinical establishment shall have such minimum standards of buildings,
space, facility, equipment and manpower as are prescribed by the Council by
regulations.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 15
(2) Every para-clinical establishment shall maintain and keep records
of all persons attended or admitted or treated in the manner prescribed and
such records or extracts thereof shall be made available to the Council or the
authorized technical officer of the State Government not below the rank of the
Chief Medical Officer on demand.
(3) On demand an authenticated copy of the record of admission,
consultation, tests, diagnosis and treatment shall be made available by the
clinical establishment to the patient or any of his family members or any other
person specifically authorized by the patient to this effect.
31. Inspection of para-clinical establishment.- (1) The Council or
any authorized technical officer of the State Government, not below the rank
of a Chief Medical Officer, subject to general or special order as may be made
by the State Government, enter and inspect any premises which are used or
for which the Council, or the officer of the State Government so authorized
has reasonable cause to believe that these are being used for the purpose of
para-clinical establishment.
(2) If the Council or the officer authorized under sub-section (1) has
any reason to believe that any article or class of articlesor any records are
liable to be seized for the contravention of the provisions of this Act, he may
seize any article or record which in his opinion is useful or relevant for
initiating any proceeding under this Act and give receipt for articles or records
so seized.
(3) The provision of the Criminal Procedure Code, 1973 (2 of 1974)
relating to searches and seizures shall, as far as may be appropriate, apply to
such every search or seizure made under this Act.
32. Registrar and other officers and servants of the Council.- (1)
The Council shall, with the prior approval of the State Government, appoint a
Registrar who shall act as Secretary of the Council.
(2) The Council may, with the prior approval of the State
Government, employ such other officers and servants as it may deem
necessary for carrying out the provisions of this Act.
(3)The qualifications, conditions of service and pay scales of the
Registrar and other officers and servants shall be such as the Council may
determine by regulations, with the prior approval of the State Government.
(4) The Registrar or any other officer or servant appointed by the
Council under this section shall be deemed to be a public servant within the
meaning of section 21 of the Indian Panel Code, 1860 (45 of 1860).
33. Duties of Registrar.- (1) It shall be the duty of the Registrar to
keep and maintain the State Register in accordance with the provisions of this
Act and any order made by the Council to revise it from time to time in such
manner as may be prescribed by regulations, to publish it in the Official
Gazette and to discharge such other functions as are or may be required to be
discharged by him under this Act and the rules and regulations made
thereunder.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 16
(2) It shall be the duty of the Registrar to ensure that the State
Register is as far as possible correct at all time and may from time to time
enter therein any material alteration in the address or qualifications of the
registered para-medical practitioner.
(3) The Registrar may remove from the State Register the name of the
registered paramedical practitioner who dies or whose name is directed by the
Council to be removed from the State Register or who ceases to be the
registered paramedical practitioner.
(4) On an application made by the registered paramedical practitioner,
if the Council is satisfied that the such practitioner has not ceased to practise,
then the Council may direct the Registrar to restore the name of such
practitioner in the State Register and the Registrar shall comply with such
directions.
34. Funds of Council.- The Council shall establish a fund to be called
the fund of the Council to which shall be credited,-
(a) any contribution or grant by Central or State Government;
(b) the income of the Council from all sources including income
from fees and fines;
(c) the trust, donations, endowment and other grants, if any; and
(d) all other sums received by the Council.
35. Objects to which fund of the Council shall be applied.- The
fund of the Council shall be applied,-
(a) to the repayments of debts incurred by the Council for the
purpose of this Act and the rules and regulations made
thereunder;
(b to the expenses of any suit or legal proceedings to which the
Council is a party;
(c) to the payment of salaries and allowances to the officers and
servants of the Council;
(d) to the payment of allowances to the office bearers of the
Council;
(e) to the payment of any expenses incurred by the Council in
carrying out the provisions of this Act and the rules and
regulations made thereunder; and
(f) to any other expenses incurred for the promotion and
development of paramedical education, research and training,
declared by the Council to be in the general interest of
paramedical profession.
36. Accounts and Audit.- (1) The accounts of the Council shall be
prepared before such date and at such intervals and in such manner, as may be
prescribed by regulations.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 17
(2) The accounts of the Council shall be audited by the registered
chartered accountant and the audit fee of the chartered accountant shall be
such, as may be fixed by the Council, by regulations.
(3) As soon as the accounts of the Council are audited, the Council
shall send a copy thereof, to the State Government, in such manner, as may be
prescribed by regulations.
37. Budget.- (1) The Registrar shall cause to be prepared in such form
as may be prescribed, by regulations, a budget for the financial year, showing
the estimated receipts and expenditure and shall cause it to be laid before the
Council at such time, in such manner, as may be prescribed by regulations.
(2) Within fifteen days from the date of meeting in which the budget
is passed, it shall be forwarded to the State Government.
(3) If the State government is of the opinion that provisions of the
budget so forwarded to it are not adequate for carrying out the purposes of this
Act, it shall return the budget to the Council for such modification as may be
suggested by the State Government.
(4) The Council shall be competent to re-appropriate such amount as
may be necessary from one head to another head and minor heads.
(5) The Council, may as and when required, pass a supplementary
budget in such form as may be prescribed by regulations and the provisions of
sub-sections (2), (3) and (4) shall apply to such supplementary budget.
38. Registration renewal and State Register.- (1) No person shall
be registered on the State Register as paramedical practitioner unless he
possesses a recognised qualification and has not paid such fee, as may be
prescribed and different fee may be prescribed for different qualificationsbut
it shall not exceed one thousand rupees and the registration shall be valid for a
period of three years.
(2) The Council shall cause to be maintained a State Register of
paramedical practitioners in such form, as may be prescribed, by regulations.
(3) The Register shall be deemed to be public document within the
meaning of Indian Evidence Act, 1872 (1 of 1872).
(4) Every registered paramedical practitioner registered under sub-
section (1) shall renew his registration after every three years on payment of
such fee as may be prescribed.
39. Prohibition of collection of capitation fee, donation etc.- No
person or paramedical institution who is in charge of, or is responsible for the
management of any paramedical institution, shall-
(a) accept, either directly or indirectly any donation, gift or other
payment (by whatever name called), whether in cash or in
kind, or any amount by way of capitation fee; or
(b) receive any fee or amount in excess of scale of fees presented
by the council.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 18
40. Power of council to prohibit entry to or to order removal from
State Register.- The Council may, upon reference from the Registrar or
otherwise, by order prohibit the entry in, or order the removal from the State
Register, the name of any person,-
(a) who has been sentenced by a criminal court to imprisonment
for an offence which involves moral turpitude; or
(b) whom the Council, after enquiryhas found guilty of
professional misconduct by passing a resolution of majority
of two third of the members of the Council 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.
41. Alteration of State Register.- (1) The Council may, after giving
the person concerned a reasonable opportunity of being heard, order that any
entry in the State Register, which in the opinion of the Council, has been
fraudulently or incorrectly made or brought, be cancelled or amended.
(2) The Council may direct the removal forever, or for a specified
period from the State Register, the name of anyregistered paramedical
practitioner for the same reason for which registration may be prohibited by
the Council under section 40 of this Act.
(3) The Council may direct that the name removed under sub-section
(2) shall be restored subject to such condition, if any, which the Council may
deem fit to impose.
42. Procedure in inquires.- For the purpose of any inquiry under the
provisions of this Act, the Council or any committee appointed under sub-
section (1) of section 17 shall be deemed to be a court within the meaning of
the Indian Evidence Act, 1872 ( 1 of 1972) and the Code of Civil Procedure
1908 (5 of 1908) and shall exercise all powers of a Commissioner appointed
under the Public Servants (Inquiries) Act, 1850 ( 37 of 1850) and such
inquiries shall be conducted, as far as may be, in accordance with the
provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries)
Act, 1850.
43. Appeal against the order of the Council.- Any person,-
(a) whose application for registration in the State Register is
rejected under section 38or 41 of thisAct; or
(b) whose entry in the State register is prohibited under section
40 of this Act; or
(c ) whose name, from the State Register is removed,
may, within ninety days of the order of rejection, prohibition or removal, as
the case may be, appeal to the State Governmentand the decision of the State
Government thereon shall be final.
THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 19
44. Prohibition on practice except as provided in this Act.- (1)
Save as otherwise provided in this Act, no person shall practise or hold
himself out, whether directly, as practising habitually for personal gain as a
paramedical practitioner within the State.
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable with imprisonment which may extend to six months, or
with fine which may extend to five thousand rupees or with both.
45. Prohibition of awarding degree in certain cases.- (1) Where the
Council own its own motion or on any representation received or otherwise is
satisfied that any person or paramedical institution has contravened all or any
of the provisions of this Act or the rules or regulations made or orders issued
there- under it may, with the previous approval of the State Government, and
subject to such conditions as it may thinks fit to impose,-
(a) in the case of the first contravention, prohibit the paramedical
institution concerned from presenting such students in
relation to which the contravention has been made to any
University or medical institution for taking any examination
which would enable such students to qualify themselves for
the award of any recognised medical qualification ; and
(b) in the case of any second or subsequent contravention take
such action under this Act as it may consider necessary
including action to prohibit the paramedical institution
concerned from making any further admission of students:
Provided that no such order shall be passed by the Council unless the
paramedical institution and the students concerned have been given a
reasonable opportunity of being heard.
(2) A copy of any order passed by the Council under sub-section (1),
shall be communicated to the paramedical institution and the student
concerned and a copy thereof shall simultaneously be forwarded to the
University or paramedical institution concerned.
(3) Notwithstanding anything contained in any other law for the time
being in force, an order passed by the Council under sub-section (1) and
communicated to the University or paramedical institution under sub-Excerpt shown. Open the full act in Lexace.