The National Commission for Allied and Healthcare Professions Act, 2021
Maharashtra · state statute
Open in Lexace · Ask the AI about this actTHE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS ACT, 2021 NO. 14 OF 2021 [28th March, 2021.] An Act to provide for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the National Commission for Allied and Healthcare Professions Act, 2021. Short title and commencement. vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 16] ubZ fnYyh] jfookj] ekpZ 28] 2021@pS= 7] 1943 ¼'kd½ No. 16] NEW DELHI, SUNDAY, MARCH 28, 2021/CHAITRA 7, 1943 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. xxxGIDHxxx xxxGIDExxx jftLVªh lañ Mhñ ,yñ —( ,u)04@0007@2003 — 21 REGISTERED NO. DL—(N)04/0007/2003—21 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 28th March, 2021/Chaitra 7, 1943 (Saka) The following Act of Parliament received the assent of the President on the 28th March, 2021, and is hereby published for general information:— सी.जी.-डी.एल.-अ.-28032021-226213 CG-DL-E-28032021-226213 treet Ge She Tere (&)04/0007/2003—21 REGISTERED NO. DL—(N)04/0007/2003—21 JINR a Ista The Gazette of Gudia Oy. GH. -ST. We. -37.-28032021-226213 CG-DL-E-28032021-226213 STATA EXTRAORDINARY wt IT— ears 1 PART II — Section 1 wiftrar SB venttera PUBLISHED BY AUTHORITY He 16] ae fare, tran, ard 28, 2021/45 7, 1943 (3h) No. 16] NEW DELHI, SUNDAY, MARCH 28, 2021/CHAITRA 7, 1943 (SAKA) ea am & ft Gs det ct wid & fared fe ae Se Hoe S&T A Ta a Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 28th March, 2021/Chaitra 7, 1943 (Saka) The following Act of Parliament received the assent of the President on the 28th March, 2021, and is hereby published for general information:— THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS ACT, 2021 No. 14 oF 2021 [28th March, 2021.] An Act to provide for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation ofa system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows :— CHAPTER I PRELIMINARY 1. (/) This Act may be called the National Commission for Allied and Healthcare Short title and Professions Act, 2021. commencement. 2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (2) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. In this Act, unless the context otherwise requires,— (a) "Advisory Council" means the National Allied and Healthcare Advisory Council constituted under sub-section (1) of section 12; (b) "allied and healthcare institution" means an educational or research institution which grants diploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in any allied and healthcare professional under this Act; (c) "allied and healthcare professional" means any allied health professional or healthcare professional under this Act; (d) "allied health professional" includes an associate, technician or technologist who is trained to perform any technical and practical task to support diagnosis and treatment of illness, disease, injury or impairment, and to support implementation of any healthcare treatment and referral plan recommended by a medical, nursing or any other healthcare professional, and who has obtained any qualification of diploma or degree under this Act, the duration of which shall not be less than two thousand hours spread over a period of two years to four years divided into specific semesters; (e) "allied and healthcare qualification" means a recognised diploma or degree possessed by an allied and healthcare professional through regular learning mode under this Act or any additional recognised course obtained thereafter; (f) "Autonomous Board" means the Autonomous Board constituted under sub-section (1) of section 29; (g) "Central Register" means the Central Allied and Healthcare Professionals' Register maintained by the Commission under section 13; (h) "Chairperson" means the Chairperson of the Commission appointed under clause (a) of sub-section (3) of section 3; (i) "Commission" means the National Commission for Allied and Healthcare Profession constituted under sub-section ( 1) of section 3; (j) "healthcare professional" includes a scientist, therapist or other professional who studies, advises, researches, supervises or provides preventive, curative, rehabilitative, therapeutic or promotional health services and who has obtained any qualification of degree under this Act, the duration of which shall not be less than three thousand six hundred hours spread over a period of three years to six years divided into specific semesters; (k) "Interim Commission" means the Interim Commission constituted under sub-section (1) of section 20; (l) "Member" means a Member of the Commission or, as the case may be, the State Council, including the Chairperson, Vice-Chairperson and Part-time Member; (m) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly; (n) "Part-time Member" means the Part-time Member of the Commission nominated by the State Government under sub-clauses (i) and (ii) of clause (d), and nominated by the Central Government under sub-clause (iii) of clause (d) of section 3; (o) "prescribed" means prescribed by rules made under this Act; (p) "Professional Council" means the Allied and Healthcare Professional Council constituted under sub-section ( 1) of section 10; Definitions. THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]— Definitions. (2) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. In this Act, unless the context otherwise requires,— (a) "Advisory Council" means the National Allied and Healthcare Advisory Council constituted under sub-section (/) of section 12; (6) "allied and healthcare institution" means an educational or research institution which grants diploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in any allied and healthcare professional under this Act; (c) "allied and healthcare professional" means any allied health professional or healthcare professional under this Act; (d) "allied health professional" includes an associate, technician or technologist who is trained to perform any technical and practical task to support diagnosis and treatment of illness, disease, injury or impairment, and to support implementation of any healthcare treatment and referral plan recommended by a medical, nursing or any other healthcare professional, and who has obtained any qualification of diploma or degree under this Act, the duration of which shall not be less than two thousand hours spread over a period of two years to four years divided into specific semesters; (e) "allied and healthcare qualification" means a recognised diploma or degree possessed by an allied and healthcare professional through regular learning mode under this Act or any additional recognised course obtained thereafter; (f) "Autonomous Board" means the Autonomous Board constituted under sub-section (/) of section 29; (g) "Central Register" means the Central Allied and Healthcare Professionals' Register maintained by the Commission under section 13; (h) "Chairperson" means the Chairperson of the Commission appointed under clause (a) of sub-section (3) of section 3; (‘) "Commission" means the National Commission for Allied and Healthcare Profession constituted under sub-section (/) of section 3; (j) "healthcare professional" includes a scientist, therapist or other professional who studies, advises, researches, supervises or provides preventive, curative, rehabilitative, therapeutic or promotional health services and who has obtained any qualification of degree under this Act, the duration of which shall not be less than three thousand six hundred hours spread over a period of three years to six years divided into specific semesters; (k) "Interim Commission" means the Interim Commission constituted under sub-section (/) of section 20; (2) "Member" means a Member of the Commission or, as the case may be, the State Council, including the Chairperson, Vice-Chairperson and Part-time Member; (m) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly; (n) "Part-time Member" means the Part-time Member of the Commission nominated by the State Government under sub-clauses (7) and (ii) of clause (d), and nominated by the Central Government under sub-clause (iii) of clause (d) of section 3; (0) "prescribed" means prescribed by rules made under this Act; (p) "Professional Council" means the Allied and Healthcare Professional Council constituted under sub-section (/) of section 10; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (q) "recognised categories" means any category of the allied and healthcare professionals specified in the Schedule; (r) "regulations" means the regulations made by the Commission; (s) "Schedule" means the Schedule annexed to this Act; (t) "State Council" means a State Allied and Healthcare Council constituted under sub-section (1) of section 22; (u) "State Government" includes Union territory Administration; (v) "State Register" means the State Allied and Healthcare Professionals' Register maintained under section 32; (w) "Task shifting" means the process whereby specific tasks are moved, where appropriate to related allied and healthcare professionals specialised in those tasks, by reorganising the health workforce efficiently for improved healthcare; (x) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declared to be a deemed University under section 3 of that Act; (y) "Vice-Chairperson" means the Vice-Chairperson of the Commission appointed under clause (b) of sub-section (3) of section 3. CHAPTER II N ATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION 3. (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. (3) The Commission shall consist of the following, namely:— (a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government—Chairperson; (b) a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions— Vice-Chairperson; (c) the following persons shall be the ex officio Members of the Commission, namely:— (i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice— ex officio Member; (ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health—ex officio Member; (iii) Joint Secretary to the Government of India in the Department of Higher Education— ex officio Member; 3 of 1956. Constitution and composition of Commission. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 of 1956. (q) "recognised categories" means any category of the allied and healthcare professionals specified in the Schedule; (r) "regulations" means the regulations made by the Commission; (s) "Schedule" means the Schedule annexed to this Act; (t) "State Council" means a State Allied and Healthcare Council constituted under sub-section (/) of section 22; (u) "State Government" includes Union territory Administration; (v) "State Register" means the State Allied and Healthcare Professionals' Register maintained under section 32; (w) "Task shifting" means the process whereby specific tasks are moved, where appropriate to related allied and healthcare professionals specialised in those tasks, by reorganising the health workforce efficiently for improved healthcare; (x) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declared to be a deemed University under section 3 of that Act; (v) "Vice-Chairperson" means the Vice-Chairperson of the Commission appointed under clause (b) of sub-section (3) of section 3. CHAPTER II NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION 3. (/) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued. (3) The Commission shall consist of the following, namely:-— (a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government—Chairperson; (b) a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions— Vice-Chairperson; (c) the following persons shall be the ex officio Members of the Commission, namely:— (i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice—ex officio Member; (ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health—ex officio Member; (iii) Joint Secretary to the Government of India in the Department of Higher Education—ex officio Member; Constitution and composition of Commission. 4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (iv) Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment— ex officio Member; (v) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship— ex officio Member; (vi) one person representing the Directorate General of Health Services not below the rank of Deputy Director General—ex officio Member; (vii) one person representing the Indian Council of Medical Research not below the rank of Deputy Director General—ex officio Member; (viii) one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India— ex officio Member— (a) Atomic Energy Regulatory Board; (b) National Medical Commission; and (c) Rehabilitation Council of India; (ix) three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government— ex officio Members,— (a) All India Institute of Medical Sciences, New Delhi; (b) All India Institute of Physical Medicine and Rehabilitation, Mumbai; (c) Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; (d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; (e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi; (f) National Institute of Mental Health and Neuro-Sciences, Bengaluru; (g) National Institute of Nutrition, Hyderabad; (h) National Institute of Rehabilitation Training and Research, Cuttack; (i) National Institute of Orthopedically Handicapped, Kolkata; (j) All India Institute of Speech and Hearing, Mysore, Karnataka; (k) Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and (l) Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:— (i) two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government; (ii) The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]— (iv) Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment—ex officio Member; (v) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship—ex officio Member; (vi) one person representing the Directorate General of Health Services not below the rank of Deputy Director General—ex officio Member; (vii) one person representing the Indian Council of Medical Research not below the rank of Deputy Director General—ex officio Member; (viii) one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India— ex officio Member— (a) Atomic Energy Regulatory Board; (6) National Medical Commission; and (c) Rehabilitation Council of India; (ix) three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government—ex officio Members,— (a) All India Institute of Medical Sciences, New Delhi; (6) All India Institute of Physical Medicine and Rehabilitation, Mumbai; (c) Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; (d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong; (e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi; (f) National Institute of Mental Health and Neuro-Sciences, Bengaluru; (g) National Institute of Nutrition, Hyderabad; (h) National Institute of Rehabilitation Training and Research, Cuttack; (‘) National Institute of Orthopedically Handicapped, Kolkata; (j) All India Institute of Speech and Hearing, Mysore, Karnataka; (k) Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and (J) Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:— (i) two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government; (ii) The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and (iii) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government. 4. (1) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms. (2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government. (3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government. 5. ( 1) Notwithstanding anything contained in sub-section ( 1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may— (i) relinquish his office by giving in writing to the Central Government notice of not less than three months; or (ii) be removed from his office if he— (a) has been adjudged insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Part-time Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. 6. (1) The ex officio Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission. (2) A Member nominated under sub-clause ( i) of clause ( d) of sub-section ( 3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council. (3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed. 7. (1) The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government. Term of office and conditions of service of Members. Resignation and removal of Members. Cessation of membership and filling up of casual vacancy of Member. Meetings of Commission. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and (iii) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government. 4. (/) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (1), (i7) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms. (2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government. (3) The Part-time Member nominated under sub-clauses (1), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government. 5. (J) Notwithstanding anything contained in sub-section (/) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (1), (ii) and (ii7) of clause (d) of sub-section (3) of section 3 may— (2) relinquish his office by giving in writing to the Central Government notice of not less than three months; or (ii) be removed from his office if he— (a) has been adjudged insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Part-time Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section (/) unless he has been given a reasonable opportunity of being heard in the matter. 6. (1) The ex officio Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission. (2) A Member nominated under sub-clause (i) of clause (d) of sub-section (3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council. (3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed. 7. (1) The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government. Term of office and conditions of service of Members. Resignation and removal of Members. Cessation of membership and filling up of casual vacancy of Member. Meetings of Commission. 6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting. (3) One-half of the total number of Members of the Commission including the Chairperson or Vice-Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or casting vote. 8. No act or proceeding of the Commission shall be invalidated merely by reason of — (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as a Member of the Commission; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 9. (1) Subject to such rules made by the Central Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government. (3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council. 10. (1) The Commission shall, by notification, constitute Professional Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government: Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category. (2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional Council. (3) The president and the member of the Professional Council shall be a registered professional of the respective category. 11. (1) It shall be the duty of the Commission to take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may— (a) frame policies and standards for the governance of allied and healthcare related education and professional services; (b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act; (c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as specified in the Schedule; Vacancies, etc., not to invalidate proceedings of Commission. Officers and other employees of Commission. Professional Councils. Functions of Commission. THE GAZETTE OF INDIA EXTRAORDINARY [Parr I]— Vacancies, etc., not to invalidate proceedings of Commission. Officers and other employees of Commission. Professional Councils. Functions of Commission. (2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting. (3) One-half of the total number of Members of the Commission including the Chairperson or Vice-Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or casting vote. 8. No act or proceeding of the Commission shall be invalidated merely by reason of — (a) any vacancy in, or any defect in the constitution of, the Commission; or (6) any defect in the appointment of a person acting as a Member of the Commission; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 9. (1) Subject to such rules made by the Central Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government. (3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council. 10. (J) The Commission shall, by notification, constitute Professional Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government: Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category. (2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional Council. (3) The president and the member of the Professional Council shall be a registered professional of the respective category. 11. (/) It shall be the duty of the Commission to take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may— (a) frame policies and standards for the governance of allied and healthcare related education and professional services; (b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act; (c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as specified in the Schedule; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (d) provide scope of practice of each profession keeping in view, inter alia, need for task shifting; (e) provide basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various categories, proportionate distribution of seats and promote innovations in categories in the manner as may be specified by regulations; (f) provide the allied and healthcare qualifications to be obtained by allied and healthcare professionals, including the name of the course, entry criteria, duration and such other particulars as may be specified by regulations; (g) provide for uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level in the manner as may be specified by regulations; ( h) provide for exit or licensing examinations for allied and healthcare professionals for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians in the manner as may be specified by regulations; (i) provide strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways for allied and healthcare professionals; (j) provide minimum standards framework for machineries, materials and services; (k) take such measures, as may be necessary, to ensure compliance of the guidelines for their effective functioning by the State Councils under this Act in the manner as may be specified by regulations; (l) constitute committees or engage independent experts for technical advice related to any of the professions as listed in the Schedule for the efficient discharge of the functions of the Commission; (m) hold an Annual Meeting of the Commission with the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 and the Central Council constituted under section 3 of the Homoeopathy Central Council Act, 1973; (n) perform such other functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act. (2) The Commission may delegate such of its functions to the Professional Council as it think necessary. 12. (1) The Central Government shall constitute an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals. (2) The Advisory Council shall consist of the following persons, namely:-— (i) Chairperson of the Commission—Chairperson; (ii) all Members of the Commission—ex officio member; (iii) Principal Secretary dealing with medical education or his nominee from each State—member; (iv) Chairperson of the State Council—member; and (v) Principal Secretary dealing with medical education or his nominee representing each Union territory—member. 30 of 2019. 59 of 1973. National Allied and Healthcare Advisory Council. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY (d) provide scope of practice of each profession keeping in view, inter alia, need for task shifting; (e) provide basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various categories, proportionate distribution of seats and promote innovations in categories in the manner as may be specified by regulations; (f) provide the allied and healthcare qualifications to be obtained by allied and healthcare professionals, including the name of the course, entry criteria, duration and such other particulars as may be specified by regulations; (g) provide for uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level in the manner as may be specified by regulations; (h) provide for exit or licensing examinations for allied and healthcare professionals for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians in the manner as may be specified by regulations; (4) provide strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways for allied and healthcare professionals; (7) provide minimum standards framework for machineries, materials and services; (k) take such measures, as may be necessary, to ensure compliance of the guidelines for their effective functioning by the State Councils under this Act in the manner as may be specified by regulations; (J) constitute committees or engage independent experts for technical advice related to any of the professions as listed in the Schedule for the efficient discharge of the functions of the Commission; (m) hold an Annual Meeting of the Commission with the National Medical Commission constituted under section 3 of the National Medical Commission 30 of 2019. Act, 2019 and the Central Council constituted under section 3 of the Homoeopathy 59 of 1973. Central Council Act, 1973; (n) perform such other functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act. (2) The Commission may delegate such of its functions to the Professional Council as it think necessary. 12. (/) The Central Government shall constitute an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals. (2) The Advisory Council shall consist of the following persons, namely:-— (i) Chairperson of the Commission—Chairperson; (ii) all Members of the Commission—ex officio member; (iii) Principal Secretary dealing with medical education or his nominee from each State—member; (iv) Chairperson of the State Council—member; and (v) Principal Secretary dealing with medical education or his nominee representing each Union territory—member. National Allied and Healthcare Advisory Council. 8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (3) The Advisory Council shall meet once in a year at Delhi as may be decided by the Chairperson of the Advisory Council. 13. (1) The Commission shall maintain online and live Register of persons in separate parts in each of the recognised categories to be known as the Central Allied and Healthcare Professionals' Register which shall contain information including the name of persons and qualifications relating to any of their respective recognised categories in the manner as may be specified by regulations. (2) For the purposes of sub-section ( 1), the Commission may adopt standardised format for populating and maintaining the Central Register in the manner as may be specified by regulations. (3) The Central Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a certified copy provided by the Commission. 14. Subject to the conditions and restrictions laid down in this Act regarding practice by person possessing certain recognised allied and healthcare qualifications, every person whose name is for the time being borne on the Central Register shall be entitled according to his qualifications to provide any service within the defined scope of practice as an allied and healthcare professional under this Act and to receive in respect of such service, any expenses, charges or any fees to which he may be entitled. 15. No person, other than a registered allied and healthcare professional, shall— (a) hold office as an allied and healthcare professional (by whatever name called) in Government or in any institution maintained by a local or other authority; (b) provide service in any of the recognised categories in any State; and (c) be entitled to sign or authenticate any certificate required by any law for the time being in force to be signed or authenticated by a duly qualified allied and healthcare professional. 16. The Commission may, on receipt of the report of registration of a person in a State Register or on an application in such form and in such manner as may be prescribed by the Central Government, enter his name in the Central Register. 17. (1) Any person whose name has been entered in the Central Register shall, on an application made by the person in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to get a certificate of registration. (2) On receipt o
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