LexThe Maharashtra Paramedical Council Act, 2011
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2016 : Mah. VI] 1
THE MAHARASHTRA PARAMEDICAL COUNCIL
ACT, 2011
[Text as on 25th January 2024]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE MAHARASHTRA
PARAMEDICAL COUNCIL
3. Establishment of Maharashtra Paramedical Council.
4. Constitution of Council.
5. Term of office of nominated and elected members and nominee.
6. Disqualifications.
7. Resignation by nominated or elected member.
8. Office of absent or disqualified member to be declared vacant.
9. Filling up of casual vacancies.
CHAPTER III
CONDUCT OF BUSINESS OF COUNCIL
10. Convening of meeting.
11. Power of President to call special meeting.
12. Presiding over meeting.
13. Decision of question by majority of votes.
14. Procedure of meeting of Council.
15. Validity of proceedings.
16. Allowances to members.
17. Powers of Council to invite any person having special knowledge or experience.
18. Committees.
CHAPTER IV
POWERS AND FUNCTIONS OF COUNCIL
19. Powers and functions of Council.
CHAPTER V
RECOGNITION OF PARAMEDICAL QUALIFICATIONS
20. Recognition of paramedical qualifications granted by Universities or paramedica l
institutions in India and in countries with which there is scheme of reciprocity.
2 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
CHAPTER VI
REGISTRAR AND OTHER EMPLOYEES OF THE COUNCIL
21. Registrar and other employees of the Council.
22. Duties of Registrar.
CHAPTER VII
FUND OF COUNCIL
23. Fund of Council.
24. Objects to which fund of Council shall be applied.
25. Accounts and audit.
CHAPTER VIII
REGISTRATION AND STATE REGISTER
26. Registration and State Register.
27. Power of Council to prohibit entry and removal of name from State Register.
28. Alteration of State Register.
29. Procedure in inquiries.
30. Appeal against order of Council.
CHAPTER IX
OFFENCES AND PENALTIES
31. Prohibition of practice except as provided in this Act.
32. Misuse of title.
33. Failure to surrender certificate of registration.
34. Penalty for dishonest use of certificate.
CHAPTER X
MISCELLANEOUS
35. Cognizance of offences.
36. Information furnished by Council.
37. Power to amend Schedule.
38. Control by Government.
39. Protection of action taken in good faith.
40. Power to make rules.
41. Power to make regulations.
42. Power to remove difficulties.
2016 : Mah. VI] The Maharashtra Paramedical Council 3
Act, 2011
LIST OF AMENDMENT ACTS
1. Amended by Mah. 36 of 2017 (1-7-2017)1
1 This Act came into force with effect from the 1 st July 2017, vide G.N. M.E.D.D. No. PMC. 0516/C.R. 24/Acts, dated
the 1st July 2017.
4 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
2016 : Mah. VI] The Maharashtra Paramedical Council 5
Act, 2011
MAHARASHTRA ACT No. VI OF 20161
[THE MAHARASHTRA PARAMEDICAL COUNCIL ACT, 2011.]
[This Act received the assent of the President on the 12th January 2016;
assent first published in the Maharashtra Government Gazette,
Part IV, on the 30th January 2016.]
An Act to provide for the establishment of a Paramedical Council to regulate certain
matters in the State pertaining to registration of 2[Paramedical Practicing personnel]
and for matters connected therewith or incidental thereto.
WHEREAS, it is expedient to provide for the establishment of the Maharashtra Paramedical
Council, to regulate certain matters in the State pertaining to the registration of 3[Paramedical
Practicing personnel] and for matters connected therewith or incident al thereto; it is hereby enacted in
the Sixty-second Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commence ment.— (1) This Act may be called the Maharashtra
Paramedical Council Act, 2011.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date4 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Council” means the Maharashtra Paramedical Council established under section 3;
(b) “Government‟‟ or „„State Government” means the Government of Maharashtra;
(c) “member” means a member of the Council;
5[(c-a) “paramedical practicing personnel” means the person engaged in the provision of
services ancillary to or required as assistance in the teaching or practice or both of the mo dern
scientific medicine or Ayurvedic system or Unani system or Homeopathic system of medicine, as
their principal occupation;]
(d) “paramedical qualification” means any degree, diploma, certificate or course, by
whatever name called, specified in the Schedule and any recognized qualification designed to
train a person in providing services ancillary to, or required as assist ance in the teaching or
practice of modern scientific medicine, Ayurvedic System, Unani System and Homoeopathic
System of Medicine and such other qualifications, as may be notified by the Government, as
recognized paramedical qualifications, from time to time;
(e) “prescribed” means prescribed by rules;
(f) “President” means the President of the Council;
(g) “recognized paramedical institution” means any medical college or hospital or other
institution recognized for the purposes of this Act, for conducting paramedical practices;
1 For Statement of objects and Reasons, see Maharashtra Government Gazette , Part VA, Extraordinary No. 57, date the
19th December 2011, page 16.
2 These words were substituted for the words “Paramedical Practitioners” by Mah. 36 of 2017, s. 2.
3 These words were substituted for the words “Paramedical Practitioners” by Mah. 36 of 2017, s. 3.
4 This Act came into force with effect from the 1 st July 2017, Vide G.N.M.E.D.D. No. PMC. 0516/C.R. 24/Acts, dated the
1st July 2017.
5 Clause (c-a) was inserted by Mah. 36 of 2017, s.4 (a)
6 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
(h) “recognized paramedical qualification” means a degree, diploma, certificate or course in
any paramedical qualification, by whatever name called, granted by the Maharashtra University
of Health Sciences, Nashik or any other University established by law or any other institution
recognized by the State Government in this behalf;
1[(i) “registered paramedical practi cing personnel ” means the paramedical practicing
personal registered under section 26;]
(j) “regulations” means the regulations made by the Council under section 41;
(k) “rules” means the rules made under section 40;
(l) “Schedule” means the Schedule appended to this Act;
(m) “State Register” means a Register maintained under section 26 and the expr essions
“registered” and “registration” shall be construed accordingly;
(n) “Vice-President” means the Vice-President of the Council.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE MAHARASHTRA
PARAMEDICAL COUNCIL
3. Establishment of Maharashtra Paramedical Council.— (1) The Government shall, as soon
as may be, after the commencement of this Act, establish by notification in the Official Gazette , a
Council to be called the Maharashtra Paramedical Council with effect from such date as may be
specified therein.
(2) The Council established under sub -section ( 1), shall be a body corporate by the name
aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to contrac t, and may, sue or be sued by its corporate
name.
4. Constitution of Council. — (1) The Council shall consist of the following members,
namely:—
(i) The Director, Medical Education and Research, Maharashtra, ex-officio member;
(ii) The Director, Health Services, Maharashtra, ex-officio member;
(iii) The Director, Ayurveda, Maharashtra, ex-officio member;
(iv) The Vice -Chancellor, Maharashtra University of Health Sciences or his nominee,
ex-officio member;
(v) The President of the Maharashtra Medical Council, ex-officio member;
2[(v-a) The President of the Maharashtra Councils of Indian Medicine, ex-officio member;]
(vi) five members to be nominated by the Government;
(vii) six members to be elected from amongst the registered 3[paramedical practicing
personnel] one from each revenue division, in such manner, as may be prescribed :
Provided that, in the case of constitution of the Council for the first time, after the commencement
of this Act, the members under this category shall be appointed by nomination by the Government.
(2) No person shall at the same time serve as a member in more than one capacity.
(3) The President and Vice -President of the Council shall be elected by the members from
amongst themselves.
1 Clause (i) was substituted by Mah. 36 of 2017, s. 4(b).
2 Clause (v-a) was inserted by Mah. 36 of 2017, s. 5(a).
3 These words were substituted for the words “paramedical practitioner” by Mah. 36 of 2017, s. 5(b).
2016 : Mah. VI] The Maharashtra Paramedical Council 7
Act, 2011
5. Term of o ffice of nominated and elected members and nominee. — (1) The Government
shall, by notification in the Official Gazette, publish the names of the elected and nominated members.
(2) Save as otherwise provided in this Act, a member, whether elected or nomina ted, shall hold
office for a term of five years commencing from the date of the first meeting of the Council :
Provided that, the members nominated under the proviso to clause ( vii) of sub -section ( 1) of
section 4 shall hold office till the elected member s have entered their offices, and the members so
elected, shall continue in the office for the unexpired term of the nominated members under the said
clause (vii).
(3) The President and Vice -President of the Council shall hold office from the date of their
election, upto the day on which their term of office as a member expires.
(4) The nominee of the Vice -Chancellor of the Maharashtra University of Health Sciences
nominated under clause ( iv) of sub -section ( 1) of section 4 shall hold office of a member, in the
absence of the Vice-Chancellor.
(5) Notwithstanding anything contained in sub-section (2), an outgoing member shall continue in
the office till the nomination or election, as the case may be, of his successor.
(6) Leave of absence may be granted by the Council to any member for a period not exceeding
six months.
6. Disqualifications.— A person shall be disqualified for being nominated or elected as, and for
continuing as, a member,—
(a) if he is not a citizen of India;
(b) if he is an undischarged insolvent;
(c) if he is, or becomes of, unsound mind and stands so declared by a competent court;
(d) if he is, or has been convicted of any offence involving moral turpitude;
(e) if he is an employee of the Council and is remunerated by salary or honorarium; or
(f) if his name has been removed from the State Register, or from the Register of Medical,
Ayurveda, Unani or Homoeopathic practitioners, under any Act for the time being in force and
has not been re-entered therein.
7. Resignation by nominated or elected member.— (1) The President or the Vice-President or
a nominated member may at any time resign his office, by submitting a letter of resignation to the
Government, under intimation to the Registrar of the Council. The resignation shall take effect from
the date on which it is accepted by the Government.
(2) An elected member may at any time resign his office by submitting a letter of resignation to
the President, under intimation to the Government. Every such resignation shall take effect from the
date on which it is accepted by the President.
8. Office of absent or disqualified member to be declared vacant. — (1) If any member other
than ex-officio member, during the term of his office,—
(a) absents himself from three consecutive meetings of the Council, without the leave of the
Council granted under sub-section (6) of section 5; or
(b) remains out of India for a period exceeding twelve consecutive months; or
(c) becomes or is found to be subject to any of the disqualifications mentioned in section 6,
the Council shall declare his office vacant :
Provided that, no declaration shall be made under this sub-section unless a reasonable opportunity
of being heard is given to the member concerned.
8 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
(2) Any member aggrieved by a declaration under sub -section (1) may, prefer an appeal to the
Government in the manner prescribed within ninety days from the date of such declaration and the
decision of the Government thereon shall be final.
9. Filling up of casual vacancies. — Any casual vacancy, before the expiry of the term of a
member, other than an ex-officio member, caused by reason of death, resignation, disqualification,
disability or any cause, shall be filled in, as soon as may be, by nomination or election, as the case may
be, and the person so nominated or elected shall hold the office for the unexpired term of his
predecessor.
CHAPTER III
CONDUCT OF BUSINESS OF COUNCIL
10. Convening of meeting.— (1) The President shall convene and fix the date of every meeting,
which may either be ordinary or special.
(2) A notice of every meeting, specifying the date, 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.
(3) No business other than that specified in the notice shall be transacted at a meeting except with
the permission of the President.
11. Power of President to call special meeting. — The President may, if he thinks fit, with in a
period of not more than two weeks of the receipt of a written requisition, signed by not less than seven
members call a special meeting.
12. Presiding over meeting. — The President when present shall preside over every meeting of
the Council. If at a ny meeting the President is absent, then the Vice -President, and in the absence of
both, some other member elected by the members present, from amongst themselves, shall preside over
such meeting.
13. Decision of question by majority of votes. — Except as otherwise provided by or under this
Act, all questions at a meeting of the Council shall be decided by a majority of the votes of the
members present and voting at the meeting and in case of an equality of votes, the presiding authority
at a meeting shall exercise a second or a casting vote.
14. Procedure of meeting of Council. — The procedure for adjournment of, quorum at and
recording of minutes of meeting of the Council shall be such as may be prescribed.
15. Validity of proceedings.— No act or proceedings of the Council shall be invalid merely by
reason of,—
(a) any vacancy or 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 the merits of the case.
16. Allowances to members.— (1) There shall be paid to the President, the Vice -President and
other members, such allowances for attendance at meetings and such reasonable travelling and other
allowances, as may be prescribed.
(2) No member shall be entitled to any payment from the Council other than the payment as
specified under sub-section (1).
17. Powers of Council to invite any person having special knowledge or experience. —
(1) The Council may, if deemed appropriate or necessary, invite any person having special knowledge
or experience in paramedical field or related studies or practice, or in other fields relevant to the objects
2016 : Mah. VI] The Maharashtra Paramedical Council 9
Act, 2011
and functions of the Council, to any of its meet ings. Such person shall have the right to take part in the
discussions but shall have no right to vote.
(2) Such invitee shall be entitled to receive such travelling and other allowances as are specified
under section 16 for the purpose of attending the meeting.
18. Committees.— (1) The Council may appoint from time to time, and for such period, a
committee or committees consisting of such number of its members as it may think fit and may refer to
such committee or committees for enquiry and report or for opinion, any matter for the purposes of this
Act.
(2) Every committee appointed under sub -section (1) shall, at its first meeting, select one of its
members to be its President.
(3) The mode of appointment of such committee, the summoning and holding of meetings and
conduct of business of such committee shall be such as may be determined by regulations.
(4) The President of such committee, if deemed appropriate or necessary, may in vite any person
having special knowledge or experience in the subject with the committee, to any of its meetings, and
in that case the provision of section 17 shall apply.
CHAPTER IV
POWERS AND FUNCTIONS OF COUNCIL
19. Powers and functions of 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 generali ty of the foregoing provisions, the powers
and functions of the Council shall be —
(a) to maintain the State Register ;
(b) to recommend to the Government recognition of new paramedical qualifications under
sub-section (3) of section 20 ;
(c) to hear an d decide appeals from any of the decision of the Registrar, in such manner as
may be determined by regulations ;
(d) to frame a Code of Ethics for regulating the professional conduct of registered
1[paramedical practicing personnel] ;
(e) to reprimand a registered 2[paramedical practicing personnel] , or to suspend or remove
him 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 ;
(f) to permit any member to absent himself from three consecutive meetings of the Council ;
(g) to promote innovations, research and development in establishment of new and existing
paramedical and related subjects ;
(h) to promote an effective link between pa ramedical education, medical education,
Ayurvedic, Unani and Homoeopathic Systems of medicine ;
(i) to conduct the election of members under clause (vii) of sub-section (1) of section 4 ; and
(j) to perform such other functions as may be prescribed.
1 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 19 (a).
2 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 19 (b).
10 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
CHAPTER V
RECOGNITION OF PARAMEDICAL QUALIFICATIONS
20. Recognition of paramedical qualifications granted by Universities or paramedical
institutions in India and in countries with which there is scheme of reciprocity. — (1) The
paramedical qualifications granted by the Indian Medical Institutions which are included in the First
Schedule to the Indian Medical Council Act, 1956 (102 of 1956), shall be deemed to be the recognized
paramedical qualifications for the purposes of this Act.
(2) The paramedical qu alifications granted by medical institutions outside India which are
included in the Second Schedule to the I ndian Medical Council Act, 1956 (102 of 1956), shall be
deemed to be the recognized paramedical qualifications for the purposes of this Act.
(3) T he Government may, after consultation with the Council, recognize any paramedical
qualification for the purposes of this Act.
(4) Where the Council has refused to recommend any paramedical qualification which has been
proposed for recognition, the Governm ent after considering such application and after obtaining from
the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official
Gazette, amend the Schedule so as to include such qualification therein.
CHAPTER VI
REGISTRAR AND OTHER EMPLOYEES OF THE COUNCIL
21. Registrar and other employees of the Council. — (1) The Council shall, with the prior
approval of the Government, appoint a Registrar who shall act as the Secretary of the Council.
(2) The Council shall, from time to time, appoint such other officers and employees as it deems
necessary for carrying out its duties and performing its functions under this Act.
(3) The qualifications, salaries, allowances and other conditions of service o f the Registrar and of
other officers and employees shall be such as may be prescribed.
(4) The Registrar and any other officer or employees appointed by the Council under this section
shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860
(45 of 1860).
22. Duties of Registrar. — (1) It shall be the duty of the Registrar to prepare and maintain the
State Register in accordance with the provisions of this Act and any order made by the Council, from
time to tim e, and to revise the State Register and to publish the order in the Official Gazette, in such
manner as may be determined by regulations.
(2) The Registrar shall perform the duties and discharge such other functions as may be specified
under this Act or as may be prescribed.
(3) The Registrar shall ensure that the State Register is correct at all times and may, from time to
time, enter therein any material alteration in respect of the address and qualifications of the registered
1[paramedical practicing personnel].
(4) The Registrar shall remove from the State Register, the names of the registered paramedical
practitioners who die or whose names are directed to be removed from the State Register or who cease
to be the registered 2[paramedical practicing personnel].
(5) On receipt of intimation from the registered 3[paramedical practicing personnel] , if the
Council is satisfied that the practitioner has not ceased to practice, then the Council may direct the
Registrar to restore the name of such practition er in the State Register and the Registrar shall comply
with such direction.
1 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 7 (a).
2 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 7 (b).
3 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 7 (c).
2016 : Mah. VI] The Maharashtra Paramedical Council 11
Act, 2011
CHAPTER VII
FUND OF COUNCIL
23. Fund of Council.— (1) The Council shall establish a fund to be called the Council Fund.
(2) The following shall form part of, or be paid into, the Council Fund,—
(a) any contribution or grant by Central or State Government ;
(b) all income of the Council from all sources including income from fees and fines ;
(c) all donations, endowments income or moneys from other grants, if any ;
(d) all other sums received by the Council.
24. Objects to which fund of Council shall be applied.— The Council Fund shall be applied to
the following objects, namely:—
(a) repayments of debts incurred by the Council for the purposes of this Act ;
(b) expenses of any suit or legal proceedings to which the Council is a party ;
(c) payment of salaries and allowances to the officers and employees of the Council ;
(d) payment of travelling and other allowances to the members of the Council ;
(e) payment of any expenses incurred by the Council in implementation of the provisions of
this Act and the rules and regulations made thereunder.
25. Accounts and audit.— (1) The accounts of the Council shall be audited before such date and
at such intervals and in such manner, as may be prescribed.
(2) The accounts of the Council shall be audited by the registered Chartered Accountant. The
audit fee of the Chartered Accountant shall be determined by the regulations.
CHAPTER VIII
REGISTRATION AND STATE REGISTER
26. Registration and State Register. — (1) As soon as may be, after the commencement of this
Act, the Registrar shall prepare and maintain a State Register of 1[paramedical practicing personnel] for
the State, in accordance with the provisions of this Act.
(2) Every person who possesses any of the recognized paramedical qualifications, specified in the
Schedule and who desires to practice as 2[paramedical practicing personnel] shall, on making such
application to the Registrar alongwith the proof of such qualification and on payment of such fee as
may be prescribed, be entitled to have his name entered in the State Register. Such registration shall be
valid for a period of five y ears and it shall be incumbent duty of the registered person to get his
registration renewed in the manner determined by the regulations.
(3) The Council shall cause to be maintained the State Register of the 3[paramedical practicing
personnel] in such form as may be determined by regulations.
(4) The State Register shall be deemed to be a public document within the meaning of the Indian
Evidence Act, 1872 (1 of 1872).
27. Power of Council to prohibit entry and removal of name 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,—
1 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 8 (a).
2 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 8 (b).
3 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 8 (c).
12 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
(a) who has been convicted by a criminal court for an offence which involves moral
turpitude ; or
(b) whose conduct, in the opinion of the Council, is infamous in relation to the profession,
particularly under any Code of Ethics framed by the Council :
Provided that, no order shall be passed under this section without giving a reasonable opportunity
of being heard to the person concerned.
28. Alteration of State Register. — (1) The Council may, after giving the person concerned a
reasonable opportunity of being heard and enquiring into his objections, if any, order that any entry in
the State Register which, in the opinion of the Council, has been fraudulently or incorrectly made or
brought about, be cancelled or amended.
(2) The Council may direct the removal forever, or for a specified period from the State Register,
the name of any registered 1[paramedical practicing personnel] for the same reason for which
registration may be prohibited by the Council under section 27.
(3) The Council may direct that the name removed under sub-section (2) shall be restored, subject
to such conditions, if any, which the Council may deem fit to impose.
29. Procedure in inquiries.— (1) In holding of any inquiry under this section, the Council shall
have the powers as vested i n Civil Courts under the Code of Civil Procedure, 1908 (5 of 1908), when
trying a suit in respect of the following matters, namely:—
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(2) All inquiries under this section shall be deemed to be the judicial proceedings within the
meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860).
(3) For the purpose of advising the Council on any question of law arising in any inquiry under
this section, there may in all such inquiries be an assessor, who has been for not less than ten years,—
(i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961); or
(ii) an Attorney of a High Court.
Explanation.— For the purposes of this clause, in computing the period during which a person
has been enrolled as an Advocate, there shall be included any period during which he has been enrolled
as an Advocate under the Indian Bar Councils Act, 1926 (38 of 1926).
(4) Where an assessor advises the Council on any question of law as to evidence, procedure or
any other matter, he shall do so in the presence of every party or person representing the party, to the
inquiry who appears thereat or, if the evidence is tendered after the Council has begun to deliberate as
to its findings, every such party or person as aforesaid shall be informed what advice the assessor has
tendered. Such party or person shall also be informed if in any case the Council does not accept the
advice of the assessor on any such question, as aforesaid.
(5) Any assessor under this section may be appointed either generally, or for any particular
inquiry or class of inquiries, and shall be paid such remuneration as may be determined by regulations.
30. Appeal against order of Council.— Any person,—
(a) whose application for enrollment in the State Register is rejected under section 26 or 28;
(b) whose entry in the State Register is prohibited under section 27; or
(c) whose name, from the State Register is removed, may, within ninety days of order of
rejection, prohibition or removal, as the case may be, appeal to the Government in such manner
as may be prescribed and the decision of the Government thereon shall be final.
1 These words were substituted by Mah. 36 of 2017, s. 9.
2016 : Mah. VI] The Maharashtra Paramedical Council 13
Act, 2011
CHAPTER IX
OFFENCES AND PENALTIES
31. Prohibition of practice except as provided in this Act. — (1) No person other than a
registered paramedical practitioner whose name is entered in the State Register prepared and
maintained under this Act shall practice as a 1[paramedical practicing personnel].
(2) Any person who contravenes the provisions of sub -section ( 1) shall on conviction, be
punished,—
(a) for the first offence, with imprisonment for a term which may extend to three years and
with fine which shall not be less than five thousand rupees but which may extend to ten thousand
rupees; and
(b) for a second or subsequent offence, with imprisonment for a term which may extend to
ten years and with fine which may extend to twenty-five thousand rupees.
(3) All offences under sub-section (2) shall be cognizable and non-bailable.
32. Misuse of title. — If any person not being a registered 2[paramedical practicing personnel]
takes or uses the description of paramedical practitioner or consultant or is not possessing a recognized
paramedical qualification, or uses a degree or a diploma, or an abbreviation indicating or implying such
paramedical qualification, shall, on conviction, be punished,—
(a) for the first offence, with fine which may extend to five thousand rupees; and
(b) for a subsequent offence, with imprisonment which may extend to one year or with fine
which may extend to ten thousand rupees, or with both.
33. Failure to surrender certificate of registration. — If any person whose name has been
removed from the State Register fails, without sufficient cause, forthwith to surrender his certificate of
registration or renewed certificate of registration, or both, he shall, on conviction, be punished with fine
which may extend to five hundred rupees per month of such failure.
34. Penalty for dishonest use of certificate.— Any person who,—
(a) dishonestly makes use of any certificate of registration granted under this Act; or
(b) procures or attempts to procure registration under the provisions of this Act by making
or producing, or causing to be made or produced any false or fraudulent declaration, certificate or
representation, whether in writing or otherwise; or
(c) wilfully makes or causes to be made any false representation in any manner relating to
the certificate of registration issued under the provisions of this Act,
shall, on conviction, be punished with imprisonment which may extend to six months or with fine
which may extend to twenty thousand rupees, or with both.
CHAPTER X
MISCELLANEOUS
35. Cognizance of offences. — (1) No court shall take cognizance of an offence punishable
under this Act, except upon a complaint, in writing, made by the Registrar or any other officer
authorized by the Council in this behalf, by general or special order.
(2) No court lower to that of a Judicial Magistrate of First Class shall try any offence punishable
under this Act.
1 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 10.
2 These words were substituted for the words “paramedical practitioners” by Mah. 36 of 2017, s. 11.
14 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
36. Information furnished by Council. — The Council shall forward such reports, copies of its
minutes, abstracts of its accounts and other information to the Government, as the Government may
require.
37. Power to amend Schedule. — If it appears to the Government, on the reports of the Council
or otherwise, that any paramedical subject is not specified or any paramedical subject needs to be
deleted or needs some modifica tion, the Government may, by notification in the Official Gazette ,
amend the Schedule so as to include therein such subject not already specified therein or omit
therefrom any subject or modify the description of any subject.
38. Control by Government.— (1) If at any time, it appears to the Government that the Council
or its President or Vice -President has failed to exercise or has exceeded or misused any of the powers
conferred upon it or him by or under this Act, or has ceased to perform any of the duties imposed upon
it or him by or under this Act, or has ceased to perform any of the duties imposed upon it or him by or
under this Act, the Government may, if it considers such failure, excess, misuse or incapacity to be of a
serious nature, notify the par ticulars thereof to the Council or the President or the Vice -President, as
the case may be. If the Counc il or the President or the Vice -President, fails to remedy such failure,
excess, misuse or incapacity within such reasonable time as the State Governmen t may fix in this
behalf, the Government may remove the President, Vice-President or dissolve the Council.
(2) Upon the dissolution of the Council,—
(a) all the members of the Council shall, notwithstanding that their term of office had not
expired on the date of dissolution, vacate their offices ;
(b) all the powers and duties of the Council which may, by or under the provisions of this
Act, be exercised and performed by or on behalf of the Council shall be exercised and performed
by such person or group of persons as the Government may direct, for such period not exceeding
two years as it may think fit. The Government shall take steps to constitute a new Council in the
manner provided ;
(c) all the properties vested in the Council shall, during the period of dissolution, vest in the
Government.
39. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding
shall lie against the Government, Council, President, Vice -President, member or any officer or other
employee of the Council or of the Government for anything which is done or intended to be done in
good faith under this Act.
40. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act. Such rules may be made to provide fo r all or any of the matters expressly required or allowed
by this Act to be prescribed by rules.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of thirty days, which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, both Houses agree in making any
modification in rule or both Houses agree that the rule should not be made, and notify their decision to
that effect in the Official Gazette, the rule shall from the date of publication of such decision in the
Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
41. Power to make regulations. — (1) The Council may, w ith the previous sanction of the
Government make regulations not inconsistent with the provisions of this Act and the rules made
thereunder, for enabling it to perform its functions under this Act and generally to carry out the
purposes of the Act, by notification in the Official Gazette.
2016 : Mah. VI] The Maharashtra Paramedical Council 15
Act, 2011
(2) In particular and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:—
(a) the management of the property of the Council and the m aintenance and audit of its
account;
(b) the resignation by nominated or elected members of the Council;
(c) the powers and duties of the President and Vice-President;
(d) the mode of appointment of committees, the summoning and holding of meetings and
the conduct of business of such committees;
(e) (i) the manner to hear and decide appeals from the decision of the Registrar under clause
(c) of sub-section (2) of section 19;
(ii) the Code of Ethics for regulating the professional conduct under clause ( d) of
sub-section (2) of section 19;
(f) the manner of revision of the State Register under sub-section (1) of section 22;
(g) the manner of renewal of registration under sub-section (2) of section 26;
(h) any other matter for which provisions may be made by regulations.
(3) The Government, on receiving regulations for sanction, may sanction them subject to such
modification as it may think fit or return them to the Council for reconsideration.
(4) The Government may, by notification rescind or modify any regulation made under this
section and thereupon, the regulation shall cease to have effect or be modified accordingly.
42. Power to remove difficulties. — (1) If any difficulty arises in giving effect to the provisions
of this Act, the Government may, as occasion arises, by an order, published in the Official Gazette, do
anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or
expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.
16 The Maharashtra Paramedical Council [2016 : Mah. VI
Act, 2011
Schedule
[ See sections 20(4), 26 (2) and 37 ]
Sr.
(1)
Name of Course
(2)
1. B.P.M.T. … Bachelor of Paramedical
Technology—
(Laboratory
Technician).
2. B.P.M.T. … Bachelor of Paramedical
Technology—
(Radiographic
Technician).
3. B.P.M.T. … Bachelor of Paramedical
Technology—
(Radiotherapy
Technician).
4. B.P.M.T. … Bachelor of Paramedical
Technology—
(Cardiology
Technician).
5. B.P.M.T. … Bachelor of Paramedical
Technology—
(Neurology
Technician).
6. B.P.M.T. … Bachelor of Paramedical
Technology—
(Blood Transfusion
Technician).
7. B.P.M.T. … Bachelor of Paramedical
Technology—
(Optometry
Technician).
8. B.P.M.T. … Bachelor of Paramedical
Technology—
(Plaster
Technician).
9. B.P.M.T. … Bachelor of Paramedical
Technology—
(Anaesthesia
Technician).
10. B.P.M.T. … Bachelor of Paramedical
Technology—
(Perfusionist).
11. B.P.M.T. … Bachelor of Paramedical
Technology—
(Operation Theatre
Technician).
12. B.P.M.T. … Bachelor of Paramedical
Technology—
(Medical
Transcription).
13. B.P.M.T. … Bachelor of Paramedical
Technology—
(Cyto-Technician).
14. B.P.M.T. … Bachelor of Paramedical
Technology—
(Histopathology
Technician).
15. B.P.M.T. … Bachelor of Paramedical
Technology—
(Transfusion Medicine
Technician).
16. B.P.M.T. … Bachelor of Paramedical
Technology—
(Clinical
Psychologist).
17. B.P.M.T. … Bachelor of Paramedical
Technology—
(Endoscopy
Technician).
18. B.P.M.T. … Bachelor of Paramedical
Technology—
(Community Medicine).
19. B.P.M.T. … Bachelor of Paramedical
Technology—
(Health Inspector).
20. B.P.M.T. … Bachelor of Paramedical
Technology—
(Emergency).
21. B.P.M.T. … Bachelor of Paramedical
Technology—
(Forensic Science).
22. Diploma in Courses referred to in entries at Sr. Nos. 1 to 21 above.