The Nagaland State Paramedical Council Act, 2014

The Nagaland State Paramedical Council Act, 2014 
The Nagaland State Paramedical CouncilAct 2014 (Act No. 2 of 2014) 
Received the assent of the Government of Nagaland on 26.3.2014 and 
published in the Nagaland Gazette extra- Ordinary dated 29"April2014. 
To provide for the constitution of a Para Medical Council for registration of 
ParaMedical Technicians and for the registration of Institutions imparting training to 
such Technicians in the State and for regulating their qualifications and for matters 
connected wherewith or incidental thereto: 
Preamble:- WHEREAS, it is expedient to provide for the constitution of a Para 
Medical Council for registration of Para Medical Technicians, and forthe registration 
of Institutions imparting training to such technicians in the State and for regulating their 
cpaMcations and for matters connected therewith or incidental thereto; whichwill have 
arecurring annual expenditure of about Rs. 3 lakhs 
Be it enacted in the in the Sixty First Year of the Republic of India, and the 
Fiieth Year of the State ofNagaland as follows:- 
Table of Contents 
(xI'4FmR-I 
PRELIMINARY 
1. Short title, extend and commencement. 
2. Definitions. 
CxAm'ER-I1 
ESTABLISHMENT AND CONSTITUTION OF NAGALAND 
PARAMEDICAL COUNCIL 
3. Establishment ofcouncil. 
4. Constitution of Council. 
5. Disqualificationformembership. 
6. Term of office of nominated Members of Council andnomine. 
7. Resignation by nominated or electedmember. 
8. Disabilities for wntinuing as member of Council. 
9. Fdhg of casual Vacancies. 
10. President andvice-president of Council. 
cz3AmER-m 
1 1. Convening ofmeeting. 
12. Powers of President to call special meeting. 
13. Adjournment of meeting. 
14. F'residing of meeting. 
15. Quorum. 
16. Decision of questions by majority of votes. 
17. Minutes of proceedings. 
18. Vacancies etc. not to invalidate proceedings. 
19. Proceeding ofmeeting to be good and valid. 
20. Allowances to members of Council. 
21. Power of Council to invite any person Having special knowledge or 
experience in 
PARAMEDICAL EDUCATION. 
22. Committees. 
CHAPTER-lV 
POWERSAND FUNCTIONS OF comcn 
23. Powers and fimctions of Council. 
CHAPTER-V 
PARAMEDICAL EDUCATION INSTITUTION AND RECOGNITION 
24. Recognition of Paramedical education qualification in certain cases. 
25. Time for seeking permission for certain existing Paramedical Education 
Institution. 
26. Recognition of Paramedical qualification granted by University or 
Paramedical education Intuition in India. 
27. Recognition of Paramedical education qualification granted by 
Paramedical Education Institution in countries with which there is a 
scheme of reciprocity. 
28. Recognitiofi of Paramedical education qualification granted by certain 
Paramedical Education Institutions whose qualifications are not included 
in the Schedule. 
29. Power to require information as to courses to study and examination. 
30. Inspection of Paramedical education Institution. 
3 0. Withdrawal of recognition. 
3 1. Minimum standards of Paramedical education. 
32. Minimum standards of Paramedical education. 
CHAPTER-VI 
REGISTRAR AND OTHER OFFICERSAND SERVANTS 
33. Registrar and other officers and servants of Council. 
34. Dutiesof Registrar. 
CHAPTER- W 
Fm OF COUNCIL 
35. Fund of Council. 
36. Objects to which fundof Council shall he applied. 
37. Account andAudit. 
38. Budget. 
CHAPTER-VIlI 
REGISTRATION AND STATE REGISTER 
39. Registrations and State Register. 
40. Power of Councilto prohibit entry in, orto order removal kom, State Register 
name of any person. 
4 1. AIteration of State Register. 
42. Procedureininquiries. 
43. Appeal against order of Council. 
44. Prohibition on practice except as provided in this Act. 
CHAPTER- M 
RULES AND REGULATIONS 
45. Power to make rules. 
46. Power to makeregulations. 
CHAPTER-X 
MISCELLANEOUS 
47. Penalty for dishonest use of certificate. 
48. Information to be hished by Council. 
49. Power to amend schedule 
50. Cognizance ofoffence. 
5 1. Controls by State Government. 
SCHEDUL 
THE NAGALAND PARAMEDICAL EDUCATION COUNCIL 
ACT2014 
AnAct to provide for the establishment of Paramedical education in 
the State and to regulate the practice by PARAMEDICAL EDUCATION 
practitioners and PARAMEDICALEDUCATION. 
BE it enacted in the Sixty First Fourteen year of the Republic of 
India, and the Fiftieth Year of the state of Nagaland as follows:- 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement: 
1) ThisActmay be calledtheNagaland Paramedical Council Act, 2014. 
2) It extends to the whole ofNagaland. 
3) It shall come into force on such date as the State Government may, by 
notification, appoint in this Act, 
2. Unless the context otherwise requires- definitions: 
1) "Council" means the Nagaland Paramedical Council established under 
Section 3 
2) "Paramedical & Education" means any personnel qualified in paramedical 
& subject and who helps in teaching or practice of- 
a) Medicine within the meaning of clause of Section 2 of the Indian Medical 
Council Act, 1956 (No. 102 of 1956); 
b) Medicine in Homeopathy within the meaning Homeopathic 
Practitioners Act. Or 
cj Medicine inAyurvedic System,Naturopathy and Unani System within 
the meaning of clauses the meaning of Ayuwedic and Unani 
Practitioners Act; 
3) "Paramedical & Education subject" means the subject mentioned in the 
Schedule- I; 
4) "Recognised paramedical qualification" means a degree, diploma or 
certificate in any paramedical subject, granted by any University 
established by law or any other institution recognized by the State 
Government in this behalf. 
5) "Registered Paramedical Practitioner" means a person registered under 
this Act. 
6) "State Register" means a register maintained under this Act And 
expression "Registered" and "Registration" shall he construed 
accordingly. 
CHAPTER-II 
ESTABLISHMENT AND CONSTITUTION OF NAGALAND 
PARAMEDICAL couivcn 
3. Establishment of Council: 
1) The State Government shall, as soon as may be established, by notification, 
a paramedical council with effect from such date as may be specified 
therein. 
2) The Council shall be a body corporate by the name of the Nagaland 
Paramedical Services & Education Council, and shall have perpetual 
succession and a common seal with power to acquire and hold, property 
both movable an immovable and subject to the provisions made under 
this Act, to transfer any held by it and to contract and to do all other thing 
necessary forthe purposes of its constitution and may sue and be sued in 
its corporate name. 
4. Constitution of council: 
1) All Council shall consist of the followingmembersname1y:- 
A. Ex-officio 
(i) Hon. Minister for Health & Family Welfare. 
( Commissioner & Secretary, Health & Family Welfare, Nagaland. 
Principal Director, Health & Family Welfare, Nagaland. 
(iv) Director Health Service, Health & Family Welfare, Nagaland. 
(v) Director Family Welfare, Health & Family Welfare, Nagaland. 
B. Nominated Members 
(i) Additional Director, Drug Control, Health & Family Welfare 
6) Managing Director, NagaHospital Authority Kohima. 
I) Medical Superintendent, Naga Hospital Authority Kohima. 
(iv) Principal Para Medical Tmining Institute, Kohima 
C. Elected Members 
Five members to be elected from amongst themselves by the registered Allied 
Health & Education Practitioners in such manner as may be prescribed by 
regulations: Provided that in the case of constitution of the Council for the fmt 
time after the commencement of this Act the members under this category shaU be 
nominated by the State Government. 
2) The member under clause B (1) to (4) of sub-section (1) shall he nominated 
by the Sate Government. 
3) One representative each fiom State ParaMedical Associations eg. Pharmacist 
Association etc, 
5. Disqualifications: 
A person shall not be qualified for beiig nominated or elected as amember of the 
for membership. Council, if- 
(a) he is not a citizen of India; or 
(b) he is an un-discharge insolvent; or 
(c) he is of sound mind and stands so declared by acompetent court; or 
(d) he has been sentenced ik in offence involving moral turpitude; or 
(e) he is an employee of the Council and is remunerated by salary or 
honorarium; or 
( his name has been removed from the State Register, or from the register of 
registered medical or paramedical practitioner under ant Act for the time 
being in force. 
6. Term of office of nominated member of council and nominee. 
1) Save as otherwise provided in this Act, elected members shall hold office 
for a termof five years from the date of fist meeting of Council Provided 
that the members nominated under proviso to clause (c.1) of sub-section 
(1) of section4 shall hold office till the elected members have entered their 
offices, and the members so elected shall continue in the office for the 
unexpired term of nominated members under clauses B (I) to (4) of Sub- 
section (1) of Section 4. 
2) Notwithstanding the expiration of the term specified under sub-section 
(I) the outgoing member shall continued in office till the nomination or 
elections, as the case may be, of his successor. 
7. Resignation by nominated or elected member: 
TheNominated or elected member of the Council may at nay time resign fiom his 
office in such manner as may be prescribed by the regulations. 
8. Disabilities for continuing as member of council: 
1) Ifany member otherthanex-officio member ofthe council, duringtheperiod 
of this ofice. 
a) Absentshimselffrom three consecutive meetings of the Council without the 
permission ofthe Council; or 
b) Is absent out of India for a period exceeding twelve consecutive months; 
or 
c) Becomes subject to any of the disqualifications specified in Section 5; or 
d) Ceases to her registered medical practitioner under any Act for the time 
beiig in force; the Council shall declare his office as vacant. Provided that 
no declaration shall be made under this sub-section unless areasonable 
opportunity of being heard is given to the member concerned. 
2) Any member aggrieved by adeclarationunder sub-section (1) any prefer 
an appeal to the State Government withinninetv davs from the date of such . < 
deci&tion and the decision ofthe State Government thereon shall be M. 
9. Filing of casualvacancies: 
If a nominated or elected member of Council dies or resigns, or for any other 
cause whatsoever ceases to he a member, the vacancy, shall be filled, as soon as 
may be, by nomination or election, as the casemay be, and the person so nominated 
or elected shall hold office for the unexpired term of his predecessor. 
10. President and Vice-President of Council: 
Hon'ble Mister for Health & Family Welfare will be the ex officio chairman of 
the council. 
1) Commissioner & Secretary, Health & Family Welfare, Nagalandwill be the 
ex-officio President. 
2) Principal Director, Health & Family Welfare, ex-officio- vice-president. 
3) All President andvice-President shall, subject to the provisions of this Act, 
exercise such powers and perform such duties as may be prescribed by this 
Act or regulations there under. 
CHAPTER- 111 
CONDUCT OF BUSINESS 
11. Convening of meeting 
1) The President ofthe Council shall call and fix the date of every meeting. 
2) All meeting ofthe Council shall be either ordinary special. 
3) All notice of every meeting specifying the time and place thereof and the 
business to be transacted thereat. shall he dispatched to every member 
fifteen clear days before an ordinary meeting and seven clear days before 
a special meeting. 
4) No business other than that specified in the notice relatingthereto, shall 
be transacted at ameeting expect with the permission of the Chair. 
2. Powers of president to call special meeting 
President may, wherever he thinks fit, calla special meeting, and shall he bound to 
do so within two weeks of the receipt of awritten requisition, signed by not less 
than 4 (four) members of the Council. 
13. Adjournment of meeting 
1) Any meeting of the Council may, with the consent of the majority of the 
members of the Council present, he adjourned fiom time to time, to a later 
hour on the same day or to any other date, cut no business other than left 
over at the adjourned meeting shall be transacted at such meeting. 
2) Anotice ofAdjoumment posted in the office of the Council or at the place 
of meeting, on the day on which the meeting is adjourn4 shall he deemed 
sufficient notice of the next ensuing meeting. 
14. Presiding of meeting 
The President ofthe Council shall presideover the meeting. Ifthe President ofthe 
Council is absent, the meeting of the Council shall he presided over by the Vice- 
President. If the President and the Vice-President are both absent, the members 
present shall choose one of them to preside over the meeting. 
15. Quorum 
1) The quorum for a meeting of the Council shall he one third of the total 
number of member of the Council. 
2) Ifat any time in ameetingthere is no quorum, the presiding authority shall 
adjomn it to such time or date as I thinks fit and announce the same at 
nonce; and the business set down for the meeting shall he brought forward 
at the subsequent meeting, whether at such meeting there is a quorum or 
not. 
3) No business other than the business iixed for the meeting, shall transacted 
at such subsequent meetings. 
4) A notice of such adjournment posted in the office of the Council or at the 
place of meeting, on the day on which the meeting is adjourned shall be 
deemed sufficient notice ofthe subsequent meeting. 
16. Decision of question by majority of votes 
Except as otherwise provided by or under this Act, all questions brought before 
any meeting of the Council, shall be decided by amajority of the votes of the 
members present and in case of votes being equal the presiding authority at the 
meeting shall have a second or casting vote. 
17. 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. The names of the members 
of the Council Present thereat shall be entered in the minute book and it 
shall he signed in confirmationby the Presiding Authority at the same or 
next ensuing meeting. 
2) A copy of the minutes of proceedings of each meeting of the council shall 
be forwarded to the State Government within seven days fromthe date of 
its confirmation. 
18. Vacancies etc. not to invalidate proceedings 
No act or proceedings ofthe Council shall be invalid merely by reasons of- 
a) Any vacancy in, or defect in the constitution thereof., or 
b) Any defect in the election or nomination of a person acting as member 
thereof, or 
C) Any irregularity in its procedure not affecting the merits ofthe case. 
19. Proceeding of meeting to be good and valid 
Until 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 this Act. 
20. Members of Council 
1) All members of the Council shall receive suchhaveling andother allowance 
as Allowances of may be prescribed by regulations Provided that the 
members ofthe Council who are Government employees shallnot be entitled 
to received such allowances. 
2) No member shall be entitled to any payment other than the payments as 
specified in sub-section (1). 
21. Power of council to invite any person having Special 1 knowledge or 
experience in Paramedical 
1) The Council may, it if thinks necessary, invite any person having special 
knowledge or experience in paramedical to its meeting, to hear his views 
on the subject. Such person shall have right to take part in the discussion 
on the subject but shall not have the right to vote in the meeting of the 
Council. 
2) The invitee shall be entitled to received such allowances as specified in 
Section 20. 
22. Committees 
I. The council may appoint, ftom lime to time and for such period a committee 
consisting of such number of its members as itmay think fit andmay refer to 
such committee for enquiry and report or for opinion any matter for the 
purposes of this Act. 
2. Every committee appointed under sub-section (I) shall at its ht meeting 
select one of its member to be its Chairman. 
3. The mode of appointment of such committee, the summoning and holding 
of meetings and the conduct ofbusiness of such committee shall he such as 
may be prescribed by the regulations. 
CHAPTER-IV 
POWERSAND FUNCTIONS OF COUNCIL 
23. Powers and Functions of Council. 
1) Subject to the provisions of this Act and the rules made there under, the 
Council shall exercise such powers and perform such functions as may be 
necessary for carrying out the purposes of this Act. 
2) In particulars and without prejudice to the generality of the foregoing 
provision, the powers and the functions ofthe Council shall be- 
a) To maintain the State register of paramedical practitioners, 
b) To bear 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 paramedical practitioners; 
d) To reprimand aregistered paramedical practitioners, to suspend or remove 
the name fromthe State Register, or to take such other disciplinary action 
against him, asmay, inthe opinion of the Council, be necessary or expedient, 
12 (26) 
e) To permit any member to he absent himself fiomthree consecutive meetings 
of the Council. 
f) To promote innovations, research and development in establishment of new 
Paramedical subjects; 
g) To formulate schemes for promoting Paramedical education; 
h) To promote an effective link between paramedical education and medical 
education, Ayurvedic, Unani, Homeopathy and Bio-chemy systems and to 
promote research and development in these subject. 
3 To lay down norms and standards for courses, curricula, physical and 
instructional facilities, staffpatten staffqualifications, quality instructions, 
assessment and examinations. 
j) To fix norms and guidelines for chargingtuitionand other fees; 
k) To advise the State Government in respect of grant of charter to any 
paramedical body or institution inthe field of education. 
I) To provide guidelines for admission of students to Paramedical institutions 
and Universities impartingParamedica1 education 
m) To inspect or cause to be inspected any Paramedical Institution; 
n) To constitute a board for conducting the examinationto maintain dormity 
of standard; 
o) To perform suchother functions as may be prescribed by rules; 
p) To conduct the election ofmembers under clause (cl) of sub section (1) of 
Section 4. 
PARAMEDICAL INSTITUTIONS AND RECOGNITION 
24. Recognition of Paramedical Qualification in certain cases. 
Where any Paramedical Institution is established or any Paramedical institution 
opens a new or higher course of study except with the prevision permission 
of the State Government in accordance with the provisions of this Act, no 
Paramedical qualification granted to any student of such Paramedical institution 
shall be a recognized Paramedical qualification for the purpose of this Act. 
25. Time for seekingPermission for certain existing Paramedical Institution 
If any person has established aparamedical institution or any Paramedical 
institution has opened anew or higher course of study or b-aining or increases, 
the admission capacity, such person or Paramedical 1 institution, as the case 
may be, shall seek within aperiod of one year hm the commencement of this 
Act, the permission of State Government in accordance with the provisions of 
this Act. 
26. Recognition of Qualification granted by University or Paramedical 
Institution in India 
The Paramedical qualifications granted by Indian Medical Institutions, which 
are included Paramedical in the Schedules to the Council Act, 1956 (No. 102 
of 1956) shall be recognized Paramedical qualifications for the purpose of this 
Act. 
27. Recognition of Paramedical qualifiertion granted by Parrmedical 
lnstitution in countries with which therc is a scheme of reciprocity 
1) PreParamcdical qualifications granted by Medical Institutions outside. Mi4 
which are included in the Scheduls to the Mcdical Council Acr, 1956 (No. 
102 of 1956) shall be recognized Paramedical qualification for the purpose 
ofthis Act. 
2) The State Govemment&erconsultationwiththe Council may by notification 
in the Official Gazette amend the Schedule by directing that an entry be 
made therein in respect of my Paramedical qualification declaring that it 
shall he recognized Paramedical qualification only when granted before a 
specified date. 
3) Where the Councilhas re- torecommendany Paramedical qualification 
which has been proposed for recognition by any Authority referred to in 
sub-section (2) and that Authority applies to the State Government in this 
behalf, the State Government after considering such application and after 
obtaining from the Council a report, if any, as to the reasons for any such 
refusalmay by notificationln the Official Gazette amend the Schedule so as 
to include suchqualification therein and the provision of subsection (2) 
shall apply to suchnotitication. 
28. Recognition of Paramedical Qualification granted by certain Paramedical 
institution whose qualifications are not included in the Schedule. 
Any Paramedical institution in India, which desires a Paramedical qMication 
granted by it, to be included in the Schedule, may apply to the State Government 
with such application fee as may be futed by regulation to have such qualification 
recognized and the State Government, after consulting the council, may by 
notification in the Official Gazette, amend the Schedule as to include such 
qdiiication. 
Therein, and any such notification may also direct that an entry shall be made in 
the last column of Schedule against such Paramedical qualification declaring 
that it shall be arecognized Paramedical qualification only when granted after a 
specified date. 
29. Power to require information as to courses of study and qualification, 
examinations 
Every University or Allied Health Institution in Indiawhich grants arecognized 
Paramedical qualification, shall fumish 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 as to the ages at which such courses of study - 
and examinations are required to be undergone and such qualifications conferred 
and generally as to the requisites for obtaining such qualification. 
30. Inspection of Paramedical Instiltion 
The Council shall cause all Paramedical Institution to be inspectedas and when 
deemed necessary. 
31. Withdrawal of recognition 
1. Ifupto the Council 
a) That the courses the study and examination to be undergone in or the 
proficiency required from candidates at nay examination held by any 
University or Paramedical institution; or 
b) That the staff, equipment, accommodation, training and other facilities for 
instruction and training provided in such University or Paramedical 
institution or in any college or other inst~tution affiliated to that University 
do not conform to the standards prescribed by the Council; the Council 
shall take action for the withdrawal of recognition. 
2) Before withdrawal of recognition the Council shall send a show cause - 
notice to the Paramedical Institution or University speciafying the period 
within which the reply shall be submitted. 
3) One receipt of the reply Or where no reply is submitted within the period 
specified in the show cause notice then on the expiry of the period the 
Council shall take decision in the matter. 
32. Minimum standards of Paramedical education 
The Council may prescribe the minimum standards of Paramedical education 
required of for granting recognized Paramedical & Education Council 
qualitications (other than postgraduate Paramedical qualification) by Universities 
or Paramedical Institutions in India. 
CHAPTER-VI 
REGISTRAR AND OTHER OFFICERS AND SERVANTS 
33. Registrar and other Officers and servants of Council 
1) All Council shall,& the prior approval of the State Government, appoint 
a Registrar who shall act as Secretary of the Council. 
2) The Council may, with the prior approval of the State government, employ 
such other officers and servants as it may deemnecessary for canying out 
the provisions ofthisAct. 
3) The qualification, conditions of service and pay scale of the Registrar and 
of other officers and servants shall be such as the Council may determine 
by regulations, with prior approval of State Government. 
4) The Council shall require and take from the Registrar or from any other 
officer such security for the due performance of his duties as the Council 
may deem necessary. 
5) The Registrar or any other officer or servant appointed by the Council 
under this Sectionshall be deemed to be apublic servant within the meaning 
of Section 21 of the Indian Penal Code 1860 (No. 45 of 1860). 
34. Duties of Registrar 
1) It shall be the duty of the Registrar to keep the State Register in accordance 
with the provisions of this Act and of any Order made by the council, to 
revise it from time to time in such manner as may be prescribed by 
Regulations, to publishit in the Gazette and to discharge such other functions 
as are or may be required to be discharged by him under this Act and the 
Rules and Redations made hereunder. 
2) T'he ~e~is~shall see the State Register is as far as possible correct at all 
time and may from time to time enter therein any material alteration in the 
address or of the Registered paramedical practitioners. 
3) The Registrar may remove from the State Register the name of the 
registered paramedical practitioner who dies or whose name is directed 
to be removed from the State Register orwho ceases to be the Paramedical 
practitioner. 
4) On receipt of intimationfhm the practitioner the Council is satisfied that 
the practitioner has not ceased to practice then the council may direct the 
Registm to restore the name of suchpractitioner in the state Register and 
the Registrar shall comply with suchdirection. 
CHAPTElI-VII 
FUND OF COUNCIL 
35. Fund of Council 
1) The Council shall establish a funcl to be called the fund of the Council. 
2) The following shall form part of, or be paid into, the fimd of the Council- 
a) Any contribution or grant by Central or State Government. 
b) Income of the Council from all sources including income from fees and 
fines. 
c) Trust, donations, endowment and other grants, if any; 
d) All other sums received by the Council. 
36. Objects to which fund of Council shall be applied. Act and the Rules and 
Regulations made there under 
AU fund of the Council shall he applicable to the following objects, namely:- 
a) To the repayments of debts incurrent by the Council for the purpose of 
this 
b) To the expenses of any suit or legal proceedings to which the Council is a 
party; 
c) To the payment of salaries all allowances to the officers and servants of 
the Council; 
d) To the payment of allowances to the office bearers of the Council; 
e) To the payment of any expenses incurred by the Council in carrying out 
the provisions of this Act and rules and regulationsmade there under; 
4 Any other expensesfor the promotion and development of paramedical 
education, research and training, declared by the Council to be kin the 
general interest of Paramedical &Education Council profession; 
37. Accounts and Audit 
1) The accounts of the Council shall he prepared before such date and at 
such intervals and in such manner as may be prescribed. 
2) New accounts of the Council shall be audited by the registered chartered 
accountant. The audit fee of the chartered accountant shall be fixed by the 
Council kom time to time as per their regulations. 
3) As soon as the accounts of the Council are audited the Council shall send 
a copy thereof, together with a copy of the report of the Principal Director 
Health & Family Welfare Nagaland, Kohima thereon, to the State 
Government in such manner as may be prescribed. 
38. Budget 
1) The Registrar shall prepared, in such form as may be prescribed, a budget 
inrespect ofthe financial yearnext ensuing, showing the estimated receipts 
and expenditure and shall cause it to be laid before the Council at such time 
and in suchmanner as may be prescribed. 
2) Within fifteen days hmthe date ofthe meeting in whichthe budget is passed, 
it shall be forwarded to the State Government. 
3) If the State Government is of the opinion that provisions of the budget so 
forwarded to it are not adequate f~~carrying out the purposes ofthis~ct, it 
shall return the budget to the Council for such modifications as may he 
suggested by the state ~ovemment. 
4) The Council shall be competent to re-appropriate such amounts as may be 
necessary hm one head to another and within such heads or minor heads. 
5) The Council, may as and when required, pass a supplementary budget in 
such form and by such date as may be prescribed and the provisions of sub- 
sections (2), (3) and (4) shall apply to such supplementary budget. 
CHAPTER-wr 
REGISTRATION AND STATE REGISTER 
39. Registration and State Register 
1) Every person possessing a recognized qualification shall be eligible for 
enrolment state register. Onthe State Register on fwnishing to the Registrar 
proof of such qualification and on payment of such fees, not less than five 
thousand rupees 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 Paramedical 
practitioners in such forms as may he prescribed by regulations. 
3) It shall be the duty of the Registrar to keep and maintain the State Register 
in accordance with the provisions of this Act and of any order made by 
the Council and &om time to time revise the Register and publish it in the 
gazette and in such other manner as may be prescribed. 
4) All Register shall be deemedto be apublic documents, within the meaning 
ofthe IndianEvidence Act, 1872 (No. 1 of 1872). 
40. Power of Council to prohibit entry in, or to order removal from, State 
register name of any person 
The Council may, upon reference fromthe Registrar or otherwiseby order, prohibit 
the entry in, or order the removal from, the State Register, the name of nay person. 
a) Who has been sentenced by a criminal court to imprisonment for an offence 
indicating in the opinion of the Council such a defect in character as would 
render the enrollment or continuance of his name in the State Register 
undesirable; or 
b) Whom the Council after enquiry has found guilty of infamous conduct in any 
professional respect by amajority oftwo third ofthe members of the Council 
present and voting at the meeting: Provided that no order shall be passed 
under this section without giving areasonable opportunity of being beard to 
the person concemed. 
41. Alternation of State Register 
1) The Council may, after giving the person concemed amnable oppomty 
of beingheard an enquiring into his objections, if any, order that any entry in 
the State register which in the opinion of the Council, has been hudulently 
or incorrectly made or brought about, be cancelled or emended. 
2) The Council may direct the removal forever, or for a specified period &om 
the State register, the name of any registered Paramedical practitioner for 
the same reason for which registration may be'prohibited by the Council 
under section 40; 
3) The Council may direct that the name removed under sub-section (2) shall 
he restored subject to such condition, if any, which the Council may deem 
fit to impose. 
42. Procedure in inquiries 
For the purpose of any inquiry under the provisions ofthis Act, the Council or any 
committee appointed under sub-section (1) of Section 22 shal! be deemed to be 
a court within the meaning of the Indian Evidence Act, 1872 (No. 1 of 1872) and 
the Code of Civil Procedure 1908 (No. 5 of 1908) and shall 
Exercise all powers of a commissioner appointed under the Public Servants 
(Inquiries)Act, 1850 (No. 37 of 1850) and suchinquiries shallbe conducted, as 
far as may be in accordance with the provisions of Section 5 and Section 8 to 20 
ofthe Public Servants (Inquiries)Act, 1850 (No. 37 of 1850). 
43. Appeal against order of Council 
Any person:- 
1) Whose application for enrolment in the State register is rejected under Section 
39 01 41; 01 
2) Whose entry in the State register is prohibited under Section40; or 
3) Whose name, fromthe state Register is removed, may, withinninety days of 
order of rejection, prohibition or removal, as the case may be, appeal to the 
State Government and the decision of the State Government thereon shall he 
hd 
44. Prohibition on practice except as provided in this Act 
1) Save as provided in this Act no person shall practice or hold himself out, 
whether directly or indirectly as practicing habitually for personal gain as a 
paramedical practitioner within the State. 
2) Any person who contravenes the provisions of sub-section (1) shall be 
punishable with imprisonment which may extend to sixmonths or with fine 
whichmay extend to one Lakh rupees or with both. 
Chapter - M 
Rules and Regulations 
45. Power to make rules 
1) All rules made under this Act shall he laid on the table of the Legislative 
Assembly. 
46. Power to make regulations 
The Council may with the previous sanctionof the State Government and subject 
to Power to make rules made under section 45 make regulations generally to 
carry out the purposes of this Act, and regulations. W~thout prejudice to the 
generality of foregoing power, such regulations may provide for:- 
a) The management of the property of the CounciI and themaintenance and 
audit of its account; 
b) The manner ofelection of five members &om the paramedical practitioners 
under clause (c 1) of sub-section (1) of Section 4; 
c) The resignation by nominated or elected members of the Council; 
d) The powers and duties of the President and %ce President; 
e). The mode of appointment of committees, the summoning and holding of 
meetings and the conduct of business of such committees; 
The traveling and other allowances payable to the members of the council 
under sub-section (1) of Section 20; 
g) 1) The manner to her and decide appeals from the decision of the 
Registrar under clause 01) of sub-section (2) of Section 23; 
The code of ethics for regulating the professional conduct under clause 
(c) of sub-section (2) of Section23; 
h) The qualification, the conditions of service and pay scale ofthe Registrar 
and other officers and servants under sub-section (3) of Section 33; 
3 The manner of revision of State Register under sub-section (1) of Section 
34; 
j) The form of State register under sub-section (1) of Section 39; 
k) 1) Any other matter for which under this Act provision may be made by 
regulations. 
3 The State Government, on receiving regulations for sanction may 
sanction them subiect to such modification as it may think fit or rem - 
them to the Council for reconsideration. 
$ A11 regulations shall be Published in the Gazette. 
iv) The State Government may, by notification, cancel any regulation. 
CHAPTER-X 
MISCELLANEOUS 
47. 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 underthe provisions ofthis 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) Wdfully makes or causes to be made any false representation in any matter 
relating tothe certificate of registration issued under the provisions of's Act; 
Shall onconviction, be punishable with imprisonment whichmay extend to six 
months or with he which may extend to Five Lakhrupees or with both. 
48. Information furnished bv Council 
The Council shall hmish such reports, copies of its minutes, dxtmcts of its accounts 
and other information to the State Government as an when the State Government 
may require. 
49. Power to amend schedule 
The State Government may, be notification, amend the Schedule so as to include 
therein any subject not already specified therein or omit there fiom any subject or 
modifL the descriptionof any subject. 
50. Cognizance of offence 
1) No court shall take cognizance of an offence punishable under this Act, 
except upon complaint in writing made by the Registrar or any other officer 
authorizedby the Council in this behalf by general or special order; 
2) No court inferior to that of a magistrate of first class shall try any offence 
punishable under this Ad 
51. Control by State Government 
If at any time it appears to the State Government that the Council has failed to 
exercise or has exceeded or abused any of the powers conferred upon it by or 
under this Act, or has failed to perform any of the duties imposed upon it by or 
under this Act, the State Government may, if it considers such failure excess or 
abuse to be of a serious character, notify the particulars thereof to the Council, 
requiring it to remedy such failure, excess or abuse within such period as may 
he specified in the notice and if the Council fails to remedy such failure, excess 
or abuse within the period specified in the notice, the State Government may 
dissolve the Council and cause all or any of the powers and the duties of the 
Council to be exercised and performed by such person and for such period not 
exceeding two years as it may think fit and shall take steps to bring into existence 
a new Council. 
SCHEDULE 1 
1. Physiotherapy1 Occupational therapy Course. 
2. Speech therapy Course. 
3. Audiologist 
4. Laboratory Technician (Various types) 
5. X-ray Technician1 Radiographer. 
6. B.C.G Technicians. 
7. CytoTechnicians. 
8. OrthoTechnicians. 
9. MouldmomTechnicians 
10. Gamma CameraTechnicians. 
I I . Optometric Technicians. 
12. Optometrist. 
13. Orthotic and contract lens. 
14. E.C.G Technicians. 
15. Ultra Sound 
16. Angiography. 
17. Operation 'theatreTechnicians. 
18. Degree, Diplomaand Certificate inHumanNutntion. 
19. DialysisTechnicians. 
20. InsulationTherapy Technicians. 
21. Healthhpector Course. 
22. Hospital Medical record Science. 
23. Pharmacist (Allopathy, Ayurvedic, Unani and Homoepathy) 
24. Pharmacist in Biochemist System of Medicine. 
25. Dip1omainClinicalBi~:hemistry 
26. Microbiology. 
27. Pathology. 
28. Optical and Refkction Technicians. 
29. Paramedical Ophthalmic Assistant. 
30. P&ionist/ Cardiac Surgery Technicians. 
3 1. Cath. Lab. Technicians. 
Nagaland Paramedical Council was founded to assure and pro-mote quality in 
the paramedical courses in order to develop and maintain uniformity regarding 
paramedical courses standards. 
Empowered by theNagalandParamedical Council Act, the council shall conduct 
examhation, issues guidelines and a Professional Code and Conduct, exercises 
regulatory and disciplinary powers for the paramedical courses, and answers 
general enquiries fiom the public. 
(SENTNANGER IMCHEN ) 
Commissioner & Secreta.ry 
Health & Family Welfare 
Nagaland Kohima 

‹ Prev All Nagaland acts Next ›