The JAMMU AND KASHMIR PARAMEDICAL COUNCIL Act, 2014

PARAMEDICAL COUNCIL
Act, 2014
(Act No. VII of 2014)
THE JAMMU AND KASHMIR PARAMEDICAL COUNCIL
Act, 2014
(Act No. VII of 2014)
CONTENTS
SECTION.
1. Short title and commencement.
2. Definitions.
3. Establishment of Paramedical Council.
4. Constitution of Council.
5. Disqualifications for Membership.
6. Term of office of the non-official Members of the Council.
7. Resignation by non-official Member.
8. Disabilities for continuing as Member of the Council.
9. Filling of causal vacancies.
10. Meetings of the Council.
11. Decision 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. Powers and functions of the Council.
512 PARAMEDICAL COUNCIL  ACT, 2014
SECTION.
19. Permission for admission or establishment of new para-medical institution.
20. Non-recognition of para-medical qualification in certain cases.
21. Time for seeking permission for certain existing paramedical institutions.
22. Recognition of paramedical qualifications granted by certain paramedical
institutions whose qualifications are not included in the Schedule.
23. Power to require information as to courses of study and examinations.
24. Inspection of paramedical institution.
25. Withdrawal of recognition.
26. Minimum standards of para-medical education.
27. Registration of para-medical 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 the 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.
 PARAMEDICAL COUNCIL ACT, 2014 513
42. Procedure in inquires.
43. Appeal against the order of the Council.
44. Prohibition on practice except as provided in the 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 Government.
53. Power to make rules.
54. Power to make regulations.
SCHEDULE.
–––––––
SECTION.
514 PARAMEDICAL COUNCIL  ACT, 2014
 PARAMEDICAL COUNCIL ACT, 2014 515
THE JAMMU AND KASHMIR PARAMEDICAL COUNCIL
Act, 2014
(Act No. VII of 2014)
[Received the assent of the Governor on 14th March, 2014 and published
in the Government Gazette dated 14th March, 2014.]
An Act to provide for establishment of Paramedical Council in the 1[Union
territory of Jammu and Kashmir] and to regulate the practice by Paramedical
Practitioners and institutions.
Be it enacted by the Jammu and Kashmir State Legislature in the 65th Year
of the Republic of India as follows :––
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Paramedical Council Act, 2014.
(2) It shall be deemed to have come into force with effect from 11th of
November, 2013.
2. Definitions.–– In this Act, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Paramedical  Council Act,
2014 ;
(b) “Council” means the paramedical council established under section
3 of the Act ;
(c) “Government” means Government of Jammu and Kashmir ;
(d) “paramedical” means any person qualified in paramedical subject
and who helps in teaching 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
(ii) medicine in Homeopathy within the meaning of 2[clause (d) of
section 2 of the Homeopathy Central Council Act, 1973 (59 of
1973)] ; or
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Substituted ibid for “clause (d) of section 2 of the Jammu and Kashmir Homeopathic
Practioners Act, 2003 (Act No. VIII of 2003)”.
516 PARAMEDICAL COUNCIL  ACT, 2014
(iii) medicine in Ayurvedic System and Unani System within the
meaning of 1[provisions of the Indian Medicine Central Council
Act, 1970 (48 of 1970)] ;
(e) “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, immunization or vaccination clinics,
dispensary, special camps where physically or mentally sick, infirm,
injured or disabled person is admitted as a person for treatment,
observation  care or examined as outpatient ;
(f) “paramedical institution” means any  recognised  Institution within
or outside India which grants Degrees, Diplomas, Certificates  or
license in paramedical;
(g) “paramedical qualification” means the qualification relating to the
paramedical education mentioned in the schedule appended to the
Act ;
(h) “prescribed” means prescribed by rules made under the Act ;
(i) “President” means the President of the Council ;
(j) “recognised institution” means a Hospital, Health Centre  or other
such institution recognised by the Paramedical Council as an
Institution in which the person may undergo a training, if any, required
by his course of study before the award of any para-medical
qualification to him ;
(k) “recognised paramedical qualifications” means a Degree/Diploma or
certificate conferred by any paramedical Institution  established by
law or any other Institution recognised by the Government in this
behalf ;
(l) “Registered Medical practitioner” means a person registered as such
under section 38 of the Act ;
(m) “Registrar” means the Registrar appointed by the Council under
section 32 of the Act ;
(n) “regulation” means regulations made under section 54 of the Act ;
1. Substituted by S.O. 1229(E) dated 31.03.2020.
 PARAMEDICAL COUNCIL ACT, 2014 517
(o) “rules” means the rules made under the Act ;
(p) “schedule” means  schedule appended to the Act ;
(q) “State” means the 1[State of Jammu and Kashmir] ; and
(r) “state register” means the register maintained under the Act and
expression ‘registered’ and ‘registration’ shall be construed
accordingly.
3. Establishment of Paramedical Council. ––(1) The Government shall, as
soon as may be, establish, by notification published in the 2[Government 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 Jammu and
Kashmir Paramedical Council”, and shall have perpetual succession and a
common seal, with power to acquire, hold and dispose of property and to contract
and to do all other things necessary for the purpose of the 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 :––
(i) Ex-Officio Members :
(a) Principal, Government
Medical Colleges Srinagar/
Jammu.
(b) Mission Director, (NRHM )
(c) Principal, Nursing College,
SKIMS, Srinagar
(d) Principal AMT School,
Jammu/Srinagar
(e) Director Health Services
Jammu/Kashmir and
Directorate ISM, J&K
President on rotational basis for a
period of two years. The first President
shall be the Senior-most Principal of
Government Medical College, Srinagar/
Jammu and the other Principal shall act
as Vice- President.
(Member)
(Member)
(Members)
(Members)
1. Now Union territory of Jammu and Kashmir.
2. Now Official Gazette.
518 PARAMEDICAL COUNCIL  ACT, 2014
(ii) Non-Official Members :
Two representatives of registered Medical Practitioners one each from
Kashmir and Jammu Division.
The non-official Members shall be elected to the Council by the registered
paramedical institutions/Para clinical establishments from amongst
themselves in such a manner as may be prescribed by regulations :
Provided that in case of first constitution of the Council in the 1[Union
territory of Jammu and Kashmir] after the commencement of the Act, the
non- official members shall be nominated by the Government till the
assumption of office by the elected Members.
(2) Registrar shall be the Secretary of the Council.
(3) No person shall at 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 member, if,––
2[x x x x]
(b) he is adjudged an insolvent ; or
(c) he is of an unsound mind and is declared so by a competent Court ; or
(d) he has been sentenced for an offence involving moral turpitude ; or
(e) he is an employee of the Council and is paid salary or honorarium ; or
(f) his name has been removed from the State Register or from the register
of registered medical or paramedical practitioners  maintained under
any Act for the time being  in force.
(f) Head of the concerned
discipline of Indira Gandhi
Government Dental College,
Jammu and Government
Dental College, Srinagar
(Members)
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Clause (a) omitted ibid.
 PARAMEDICAL COUNCIL ACT, 2014 519
6. Term of office of the non-official Members of the Council. ––(1) Save as
otherwise provided in the Act, non- official members shall hold office for a term
of two 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 to be in office until a new member is
nominated or elected, as the case may be and assumes office.
7. Resignation by non-official Member. ––(1) Any non-official member of
the Council may resign from the office by writing a letter in this regard to the
President of the Council.
(2) The resignation shall take effect from the date it is accepted by the
President.
8. Disabilities for continuing as 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) remains abroad for a period exceeding one year ; or
(c) attracts any disqualification as specified in section 5 ; or
(d) ceases to be a registered medical practitioner under any law for the
time being in force in the 1[Union territory of Jammu and Kashmir],
the Council may declare his office as vacant :
Provided that the member shall be given an opportunity of being heard
before his post is declared vacant.
(2) Any non-official member aggrieved by declaration under sub-section
(1) may prefer an appeal to the Government within ninety days from the date of
such declaration and the decision of the Government thereon shall be final.
9. Filling of causal vacancies.–– If a non-official member 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 shall hold office for the remainder of
the term of office of the member in whose place he becomes a member.
10. Meetings of the Council. ––(1) The Council shall meet on such time,
date and place, as the President may fix in this behalf.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
520 PARAMEDICAL COUNCIL  ACT, 2014
(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 thereof, shall be dispatched to every
member at least fifteen days before an ordinary meeting and seven days
before a special meeting.
(4) No business other than as specified in the notice 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 majority of the members present.
(6) Any meeting of the Council may, with the consent of 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 business
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
date on which the meeting is adjourned, shall be deemed sufficient notice of the
next ensuing meeting.
(7) The quorum for the meeting of the Council shall be one-third of the
total number of members of the Council.
(8) If at 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.
(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 by majority of votes. ––(1) Save as otherwise provided in the
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 of a tie, the presiding
authority at the meeting shall have a second or casting vote.
 PARAMEDICAL COUNCIL ACT, 2014 521
12. Minutes of proceedings. ––(1) The minutes of proceedings of each
meeting of the Council shall be recorded in a book to be kept for the purpose and
the names of members of the Council present thereat shall be entered in the
minute book and shall be signed in after confirmation by the presiding authority
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 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 thereon 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.–– Unless 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 the 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.
  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 a right to take part in the
discussion on the subject but shall not have the right to vote in the meeting(s) of
the Council.
(2) The invitee shall be entitled to receive such allowances as are admissible
to the non-official member of 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 members,
as it thinks fit and may refer to such committee for enquiry and report or opinion
any matter under the Act.
522 PARAMEDICAL COUNCIL  ACT, 2014
(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. Powers and functions of the Council.–– (1) Subject to the provisions
of the Act and as may be prescribed, the Council shall exercise such powers
and perform such functions as may be necessary for carrying out the purposes
of the 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 para-medical 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 of ethics for regulating the
professional conduct of registered para-medical practitioners ;
(d) to reprimand a registered para-medical practitioner ; or to suspend or
remove the name from the State Register 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 para-medical subjects ;
(g) to formulate schemes for promoting para- medical education ;
(h) to promote an effective link between para-medical  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 qualification, quality
instructions, assignment, examination and continuing medical
education ;
 PARAMEDICAL COUNCIL ACT, 2014 523
(j) to fix norms and guidelines for charging tuition and other fees ;
(k) to advise the Government in respect of grant of charter to any para-
medical body or institutions in the field of education ;
(l) to provide guidelines for admission of students of para-medical
institutions and Universities imparting para-medical education ;
(m) to inspect or cause to be inspected any para- medical institution ;
(n) to constitute or authorise a Board for conducting the examination
and to maintain uniformity of standards ;
(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/or to
conduct the election of non-official members of the Council.
19. Permission for admission or establishment of new para-medical
institution. ––(1) Notwithstanding anything contained in the Act no person
shall establish a para-medical institution and no para-medical institution shall,–
–
(a) 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 recognised para-medical qualification ; or
(b) increase its admission capacity in any course of study or training,
except with the previous permission of the  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 doesn’t include the Government.
(2) Every person or para-medical 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 schemes 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.
524 PARAMEDICAL COUNCIL  ACT, 2014
(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 para-medical institution concerned and thereafter,
it may,––
(a) if the scheme is defective and doesn’t contain any necessary
particulars, give a reasonable opportunity to the person or institution
concerned for making a written representation and it shall be open to
such person or para-medical 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
recommendation(s) thereon to the Government.
(5) The Government may, after considering the scheme and the
recommendation(s) of the Council under sub-section (4) and after obtaining,
wherever 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 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 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 para-medical institution whose scheme has not been approved by the
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) The Government shall, within a period of three months from the date of
receipt of the scheme from the Council, pass an order either to approve or
disapprove the scheme with grounds specified therein.
(7) The Council, while making its recommendation(s)under clause (b) of
sub-section (4) and the 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 para-medical institution or the existing para-
medical institution seeking to open a new or higher course of study
 PARAMEDICAL COUNCIL ACT, 2014 525
or training, shall be in a position to offer the minimum standards of
para-medical education as prescribed by the Council under section
26 of the Act ;
(b) whether the person seeking to establish a para- medical institution
or the existing para-medical institution seeking to open a new or
higher course of study or training or to increase its admission
capacity has adequate financial resources ;
(c) whether necessary facilities in respect of the staff, equipment, training
or other facilities to ensure proper functioning of the para-medical
institution 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 para-medical  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 para-medical
institution or course of study or training by persons having the
recognised para-medical qualifications ;
(f) the requirement of manpower in the field of practice of medicine ; and
(g) any other factor(s) as may be prescribed.
(8) Where the Government passes an order either approving or disapproving
the Scheme under sub-section (5), it shall communicate a copy of the order to the
person or para-medical institution concerned, as the case may be.
20. Non-recognition of para-medical qualification in certain cases.––
Where any para-medical institution is established or any para-medical institution
opens a new or higher course of study or increases its admission capacity without
the previous permission of the Government in contravention of the provisions
of the Act, para-medical qualification so given to any student by such para-
medical institution, shall not be recognised as para-medical qualification for the
purpose of the Act.
21. Time for seeking permission for certain existing paramedical
institutions.–– Any person who has already established or is running a
526 PARAMEDICAL COUNCIL  ACT, 2014
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 the Act, the permission of the Government under the
provisions of the Act.
22. Recognition of paramedical qualifications granted by certain
paramedical institutions whose qualifications are not included in the
Schedule.–– Any para-medical institution in India, which desires a para-medical
qualification granted by it to be included in the Schedule, may apply to the
Government with such application fee as may be prescribed to have such
qualification recognised and the Government, after consulting the Council, may
by notification in the Government Gazette, amend the Schedule so as to include
such qualification therein, and any such notification may also direct that an
entry shall be made in the last column of the Schedule against such para-medical
qualification declaring that it shall be a recognised para-medical qualification
only when granted after specified date.
23. Power to require information as to courses of study and
examinations.–– Every University or para-medical institution in India which
grants a recognised para-medical 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 fee for obtaining
such qualification.
24. Inspection of paramedical institution.–– The Council shall cause all
paramedical institutions 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 or the
proficiency required from candidates at any examination held by any
University or para-medical 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 para-
medical institution or in any college or other institution affiliated to
that University do not conform to the standards prescribed by
regulations by the Council, the Council shall take action for the
withdrawal of recognition.
 PARAMEDICAL COUNCIL ACT, 2014 527
(2) Before withdrawal of recognition, the Council shall issue a show cause
notice to the para-medical institution or 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
specified in the show cause notice then on expiry of that period the Council shall
take decision in the matter.
26. Minimum standards of para-medical education.–– The Council may
prescribe by regulations the minimum standards of paramedical education
required for granting recognised para-medical  qualifications (other than post-
graduate para-medical qualification) by the para-medical institution(s) in India.
27. Registration of para-medical establishments.–– No person shall open,
keep or carry on a para-clinical establishment without being registered as such
under the Act and except in accordance with the terms of registration granted
under the Act :
Provided that nothing in this section shall apply to a para-clinical
establishment which is in existence on the date of commencement of the Act, for
a period of six months from such date or where an application is made within that
period in accordance with provisions of section 28 of the 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 of commencement of the 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, as may 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 and shall grant him in relation
to the para-clinical establishment a certificate of registration in such form as may
be 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
528 PARAMEDICAL COUNCIL  ACT, 2014
sub-section (3) and in every case where the application is rejected, reasons
therefore shall be recorded in writing.
(5) A certificate of registration issued under this section, subject to the
provisions of section 29 of the 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 the 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 the Act, the Council may cancel
such registration if it is satisfied,––
(a) that the terms and conditions of registration are not being complied
with ; or
(b) that the person in whose name the para-clinical establishment is
registered has been convicted of an offence punishable under the
Act ; or
(c) that any other person including a juristic person who has  been
convicted of an offence under the 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.
(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 authorised
technical officer of the 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 authorised by the patient to this effect.
 PARAMEDICAL COUNCIL ACT, 2014 529
31. Inspection of para-clinical establishment. ––(1) The Council or any
authorised technical officer of the Government, not below the rank of a Chief
Medical Officer, subject to general or special order as may be made by the
Government, enter and inspect any premises which are used or for which the
Council, or the officer of the Government so authorised has reasonable cause
to believe that these are being used for the purpose of para-clinical
establishment.
(2) If the Council or the officer authorised under sub- section (1) has any
reason to believe that any article or class of articles or any records are liable to
be seized for the contravention of the provisions of the Act, he may seize any
article or record which in his opinion is useful or relevant for initiating any
proceeding under the Act and give receipt for articles or records so seized.
(3) The provision of the Code of Criminal Procedure, Samvat 1989 relating
to searches and seizures shall, as far as may be appropriate, apply to such every
search or seizure made under the Act.
32. Registrar and other officers and servants of the Council. ––(1) The
Council shall, with the prior approval of the Government, appoint a Registrar
who shall act as Secretary of the Council.
(2) The Council may, with the prior approval of the Government, employ
such other officers and servants as it may deem necessary for carrying out the
provisions of the 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 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 1[Indian Penal Code (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 the 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 2[Government Gazette] and
to discharge such other functions as are or may be required to be discharged by
him under the Act and the rules and  regulations made thereunder.
(2) It shall be the duty of the Registrar to ensure that the State Register is
as far as possible correct at all times and may from time to time enter therein any
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State Ranbir Penal Code”.
2. Now Official Gazette.
530 PARAMEDICAL COUNCIL  ACT, 2014
material alteration in the address or qualifications of the registered para- medical
practitioners.
(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 para-medical 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 Centre or the 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 as may be 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 the 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 the 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 para-medical profession.
 PARAMEDICAL COUNCIL ACT, 2014 531
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.
(2) The accounts of the Council shall be audited by a registered chartered
accountant.
(3) The audit fee of the chartered accountant shall be such, as may be fixed
by the Council, by regulations.
(4) As soon as the accounts of the Council are audited, the Council shall
send a copy thereof, to the 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 Government.
(3) If the Government is of the opinion that provisions of the budget so
forwarded to it are not adequate for carrying out the purposes of the Act, it shall
return the budget to the Council for such modification as may be suggested by
the 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 para-medical 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 qualifications.
(2) The Council shall cause to be maintained a State Register of para-
medical practitioners in such form, as may be prescribed by regulations.
(3) The Register shall be deemed to be public document within the meaning
of 1[Indian Evidence Act, 1872 (1 of 1872)].
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Evidence Act, Samvat 1977”.
532 PARAMEDICAL COUNCIL  ACT, 2014
 (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 para-medical 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.
40. Power of Council to prohibit entry to or to order removal from State
Register.–– The Council may, upon a 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 enquiry, has 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, of the name of any registered paramedical practitioner on
the grounds for which registration may be prohibited by the Council under
section 40 of the 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.
 PARAMEDICAL COUNCIL ACT, 2014 533
42. Procedure in inquires.–– For the purpose of any inquiry under the
provisions of the 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 1[Indian
Evidence Act, 1872 (1 of 1872)] and 2[the Code of Civil Procedure, 1908 (5 of
1908)] and shall exercise all powers of a Commissioner appointed under 3[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 3[the Public Servants (Inquiries) Act, 1850 (37 of 1850)].
43. Appeal against the order of the Council.–– Any person,––
(a) whose application for registration in the State Register is rejected
under section 38 or 41 of this Act ; or
(b) whose entry in the State register is prohibited under section 40 of
the 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 Government in Health and Medical Education
Department and the decision of the Government thereon shall be final.
44. Prohibition on practice except as provided in the Act. ––(1) Save as
otherwise provided in the Act, no person shall practise or hold himself out,
whether directly, as practising habitually for personal gain as a paramedical
practitioner within the 4[Union territory of Jammu and Kashmir].
(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 on 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 the Act or the rules or regulations made or orders issued
thereunder, it may, with the previous approval of the Government, and subject to
such conditions as it may thinks fit,––
(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
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Evidence Act, Samvat 1977”.
2. Substituted ibid for “the Code of Civil Procedure, Samvat 1977”.
3. Substituted ibid for “the Public Servants (Inquiries) Act, Samvat 1977”.
4. Substituted ibid for “State”.
534 PARAMEDICAL COUNCIL  ACT, 2014
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 the 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 para-
medical 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-section (2) shall be final
and binding on the said University or paramedical institution.
(4) Any paramedical qualification granted to any student of such
paramedical institution on the basis of any examination or other test held after
the date of communication of the order to the University or paramedical institution
under sub-section (2) shall cease to be a recognised paramedical qualification in
relation to such student for the purposes of the Act.
(5) Where an order has been passed by the Council under sub-section (1)
in relation to any paramedical institution, the Government may on its own motion
or on any representation received by it, if it is of the opinion that it is necessary
or expedient so to do in the interest of the students of such paramedical institution,
take such steps as may be considered necessary to safeguard the interest of
students studying in such paramedical institutions.
46. Offences and penalties. ––(1) Notwithstanding anything contained in
the Act or any other law for the time being in force, any paramedical institution
established or courses s

Excerpt shown. Open the full act in Lexace.

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