LexThe RAJASTHAN PARA-MEDICAL COUNCIL ACT, 2008
Rajasthan · state statute
Open in Lexace · Ask the AI about this actHkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼32½
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, August 5, 2008
No. F.2(13) Vidhi/2/2008. – In pursuance of Clause (3) of Article 348 of the C onstitution of
India, the Governor is pleased to authorize the publication in the Rajasthan Gazette of the following
translation in the English language of the Rajasthan Sah -chikitsa Parishad Adhiniyam, 2008 (2008 ka
Adhiniyam Sankhyank 25):-
(Authorized English Translation)
THE RAJASTHAN PARA-MEDICAL COUNCIL ACT, 2008
(Act No. 25 of 2008)
[Received the assent of the Governor on the 3rd day of August, 2008]
An
Act
to provide for the constitution of a Para -medical Council, regulation of Para -medical professi on, and
recognition of institutions imparting education or training in Para -medical subjects in the State and for
matters connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty-ninth Year of the Republic of India as
follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. – (1) This Act may be called the Rajasthan Para -
medical Council Act, 2008.
(2) It extends to the whole of the State of Rajasthan.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼33½
(3) It shall come into force from such date as the State Government may, by notification in
the Official Gazette, appoint.
2. Definition. – In this Act, unless the context otherwise requires.-
(a) "Council" means the Rajasthan Para-medical Council established under action 3;
(b) "member" means a member of the Council;
(c) "Para-medical professional' means a person who holds recognized Para -medical
qualification and is registered as such in the Register of Para -medical prof essional
maintained under this Act;
(d) "Para-medical subject; means a Para-medical subjects mentioned in the Schedule;
(e) "prescribed" means prescribed by rules or regulation made under this Act;
(f) "Present" means the Present of the Council;
(g) "recognized institution" means an institution imparting education or training in any of the
Para-medical subjects and recognized under the provision of this Act;
(h) "recognized Para-medical qualification" means a degree, diploma or a certificate in any of
the Para-medical subjects granted by a recognized institution or a qualification declared to
be a recognized qualification under section 32;
(i) "registered" means registered in accordance with the provisions of this Act and the rules
and regulation made there under;
(j) "Registrar" means the Registrar of the Council appointed under section 15;
(k) "Vice-President" means the Vice-President of the Council.
CHAPTER II
Rajasthan Para-medical Council
3. Establishment and incorporation of the Rajasthan Para -medical Council. – The State
Government sh all, by notification in the Official Gazette, establish a Council to be known as the
Rajasthan Para -medical Council for the purpose of carrying our the provisions of this Act and such
Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire
or hold property both movable and immovable and shall by the said name sue and be sued.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼34½
4. Constitution and composition of Rajasthan Para-medical Council. - The Council shall
consist of the following members, namely:-
(i) six members elected by registered Para-medical professionals from amongst themselves;
Provided that at the first constitution of the Council, the State Government may
nominate, in place of elected members, such persons as are qualified for registration as
Para-medical professionals;
(ii) five members nominated by the State Government from amongst the persons having
special knowledge in the Para-medical subjects:
Provided that not more than one member shall be nominated from amongst the
persons having special knowledge in any one Para-medical subjects;
(iii) three member s elected by the teachers of the recognized institutions from amongst
themselves;
Provided that at the first cons titution of the Council, the State Government may
nominate, in place of elected members, such persons who are teachers in institutions
imparting education or training in Para-medical subjects in the State.
(iv) the Dean, Faculty of Medicine, Rajasthan Universit y of Health Sciences, Jaipur ex
officio;
(v) the Director, Medical and Health Services, Government of Rajasthan ex officio; and
(vi) the Director, Technical Education, Government of Rajasthan ex officio:
Provided that a person shall not be qualified for being elec ted or nominated as a
member of the Council, if-
(i) he/she is not a citizen of India; or
(ii) he/she is an un-discharged insolvent; or
(iii) he/she is of unsound mind and stands so declared by a competent court; or
(iv) he/she has been sentenced for any offence involving moral turpitude, or
(v) he/she is an employee of the Council and is remunerated by salary or honorarium :
Provided further that no person shall at the same time serve as a member in more
than one capacity.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼35½
5. President and Vice-President of the Council. - The President and the Vice -President of the
Council shall be elected by the members of the Council from among themselves;
Provided that at the first constitution of the Council, the President and the Vice -
President shall be nominated from amongst the members of the Council by the State
Government, who shall hold office for three years or during the pleasure of the State
Government, whichever is earlier.
6. Publication of n ames of the President, Vice -President and members. - The names of the
President, Vice -President and all the members of the Council shall be published in the
Official Gazette.
7. Mode of election. - Elections to the office of the President, Vice -President and a ll the
members shall be conducted in the prescribed manner, and where any dispute arises regarding
any such election, it shall be referred to the State Government whose decision shall be final.
8. Terms of office.- (1) An ex-officio member of the Council sha ll continue as such so long as
he/she holds the office by virtue of which he/she is a member of the Council.
(2) The term of office of a member of the Council, other than the ex -officio member, shall be
three years from the date of he/she election or nom ination, as the case may be, but he/she
shall be eligible for re-election or re-nomination as such member.
(3) The President or the Vice -President of the Council shall hold office for three years from the
date of his/her election or so long as he/she is a member of the Council, whichever is earlier
but he/she shall be eligible for re-election if he/she is a member of the Council.
(4) An elected or a nominated member or the Vice -President may, by writing under his hand
addressed to the President of the Cou ncil, and the President may, by writing under his hand
addressed to the Governor, resign his/her office.
(5) The President, Vice -President or a member of the Council may be declared by the State
Government, by notification in the Official Gazette, to have ceased to be such President,
Vice-President or, as the case may be, member, if he/she-
(a) submits his/her resignation or
(b) dies, or
(c) has been absent out of India for more than one years continuously, or
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼36½
(d) is absent from three consecutive meetings of the Council without the leave of the
Council, or
(e) has incurred any of the disqualifications specified in the first proviso to section 4:
Provided that no su ch declaration shall be made in respect of any of the matters
mentioned in clauses (d) and (e), unless the person concerned has been given a reasonable
opportunity of being heard.
(6) The State Government may at any time, by notification in the Official Ga zette, remove the
President, Vice -President or any member of the Council from this office, after affording
him/her a reasonable opportunity of explanation, for any reason which the State Government
may deem to be affecting the public interest adversely, and the member so removed shall not
be eligible for being elected or nominated for a period of three years from the date of his/her
removal.
9. Conditions of the office of the President, Vice -President or the member. - The President,
Vice-President or a member of the Council shall not be entitled to receive any salary or
remuneration from the Council but he/she may be paid such compensatory, allowances as
may be prescribed by regulations.
10. Filling up of vacancies.- any vacancy occurred in the office of the Presi dent, Vice-President
or a member shall be filled up, as soon as may be, in accordance with the provisions of this
Act.
11. Vacancy not to affect proceedings and acts. - not act or proceedings of the Council shall be
deemed to be invalid merely by reason of any vacancy or of any defect or irregularity, not
affecting the substance, in the election or nomination of a person as the President, Vice -
President or a member of the Council.
12. Conduct of the business of the Council. - (1) For the purpose of transaction of i ts business,
the council may make regulations consistent with this Act and the rules made thereunder.
(2) The regulations made under this section may provide for all or any of the following matters,
namely:-
(a) the time and place of its meetings;
(b) the issue of notices of such meetings to the members;
(c) the conduct of business at such meetings;
(d) the quorum necessary for the transaction business; and
(e) the appointment of committees to deal with part of business before the council.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼37½
13. Powers and functions of the Council.- (1) Subject to the provisions of this Act and the rules
made thereunder, the Council shall exercise such powers and perform such function as may
be necessary for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, the powers and
the functions of the Council shall be-
(a) to maintain the Register of Para-medical professionals;
(b) to hear and decide appeals from the decision of the Registrar in such manner as
may be prescribed by regulations;
(c) to prescribe by regulations a code of ethics for regulating the professional
conduct of the registered Para-medical professionals;
(d) to reprimand a registered Para -medical professionals, to suspend or remove the
name from the Register of Para -medical professionals, or to take such other
disciplinary action against him/her as may, in the opinion of the Council, be
necessary or expedient.
(e) to permit any member to remain absent from three consecutive meetings of the
Council;
(f) to promote innovations, research and development in establishment of new Para
medical subjects;
(g) to recommend to the State Government to include new Para -medical subjects in
the Schedule;
(h) to formulate schemes for promoting Para-medical education;
(i) to promote an effective link between Para -medical education and medical
education, and to promote research and development in Para-medical subjects;
(j) to lay down norms and standards for courses, curricula, physical and instructional
facilities staff pattern, staff qualifications, quality instructions, assessment and
examinations in Para-medical education;
(k) to fix norms and guidelines for institutional charges and other fees;
(l) to recognize the institutions conducting courses in Para-medical subjects;
(m) to provide guidelines for admission of students to Para -medical institutions
imparting Para-medical education;
(n) to inspect or cause to be inspected any Para-medical institution;
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼38½
(o) to constitute a board of conducting the examination in Para-medical subjects so as
to maintain uniformity of standard/ and
(p) to perform such other functions as may be prescribed by rules.
14. Powers of Council to invite any person having special knowledge or experience in Para -
medical subjects. - (1) The Council may invite any person having special knowledge or
experience in Para-medical subjects to its meetings. Any person so invited shall have right to
take part in the discussion held at the meeting but shall not have the right to vote.
(2) The Council may pay to a person invited under sub-section (1) such compensatory allowances
as are admissible to a member of the Council under the provisions of Section 9.
15. Registrar and staff.- (1) The State Government shall appoint an officer of the State Service
to be the Registrar of the Council who shall act as secretary to the Council and shall perform
such other duties as are assigned to him/ her by this Act or the rules or regulations made
thereunder or as may be specially assigned to him/her by an order of the Council.
(2) The Council may , with the prior approval of the State Government, appoint such other
officers and servants as it may co nsider necessary for the purpose of carrying out its
functions under this Act.
(3) The salary and other conditions of service of the officers and the servants of the Council
shall be such as may be determined by it with the prior approval of the State Government.
(4) The Registrar and other officers and servants of the Council shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act
No. 45 of 1860).
CHAPTER III
Registration of Para-medical Professionals
16. Orders for maintenances of registers. – (1) The Council shall, as soon as conveniently may
be, after the commencement of this Act and from time to time as occasion may require, make orders for
regulating the maintenance of a register of Para -medical professionals arranged in several parts in which
the persons to be registered shall be classified in accordance with their qualifications.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼39½
(2) The registers shall be kept in the form prescribed by the Council.
17. Persons entitled to be registered . – A person having recognized Para -medical qualification
shall be entitled to be registered as a Para-medical professional.
18. Applications for registration. - An application f or registration by any of the persons
mentioned in section 17 shall be made to the Registrar in the prescribed form and shall be
accompanied with the prescribed fees.
19. Disposal of applications by Registrar. - If the Registrar is satisfied, after holding the
prescribed manner such inquiry as he/she considers necessary, that the applicant for
registration is entitled to be registered under section 17, he/she shall enter his/her name in
appropriate register.
(2) If the Registrar is not satisfied as aforesaid, he/she shall make an order rejecting the
application for registration and refund the fee paid with it.
20. Maintenance of registers. - (1) The Registrar shall keep and maintain the registers in
accordance with provisions of this Act and the rules and regulati ons made thereunder and of
any order made by the Council under section 16 and shall make necessary alterations in the
registered addresses and appointments, in the registered qualifications and in the classification
of registered Para -medical professionals and may erase therefrom the name of any Para -
medical professional.
(2) In order to fulfill the duties imposed upon him/her by sub -section (1), the Registrar may
send through the post a registered letter to any person registered as a Para -medical
professional, addressed to him/her according to his/her registered address or appointment,
to inquire whether he/she has ceased to practice or whether his/her residence or
appointment has been changed; and if no answer to any such letter received within a
period of six months from the date of its dispatch, the Registrar may erase the name of
such person from the register:
Provided that any name erased under this sub/section may be re -entered in the registrar
under the direction of the Council.
21. Erasure on death. - Whenever a reliable information is received regarding the death of a
registered Para-medical professional, the Registrar may, after satisfying himself/herself about
the fact of such death, erase the name of the deceased person from the register.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼40½
22. Erasure of fraudulent and incorrect entries.- Any entry in the registers, which is proved to
the satisfaction of the Registrar to have been fraudulently or incorrectly made, ma y be erased
therefrom, by an order recorded in writing, by the Registrar.
23. Prohibition of Registration etc.- (1) The Council may prohibit the registration of any person
as a Para -medical professional and, if such person is already so registered, may direct the
removal of his/her name from the register on any of the following grounds, namely:-
(a) that he/she has been convicted of any such offence as implies in the opinion of the
Council any defect of character such as would render him/her unfit for Para -medical
profession;
(b) that he/she has been found the Council to be guilty of an offence which, in its opinion
indicates professional incompetence, negligence or contravention or regulations
ordinarily included in the performance of his/her duty;
(c) that he/she been fou nd by the Council to be guilty of professional misconduct or of
infamous conduct in any professional respect; or
(d) that there are defects in his/her character which, in the opinion of the Council, would
render the entry or retention of his/her name on the register undesirable:
Provided that no action shall be taken by the Council under this section until after due
inquiry, at which the person concerned has been given a reasonable opportunity of being
heard in his defence, the person concerned is found to be d isqualified as specified in
clause (a) or clause (b) or clause (c) or clause (d).
(2) Any name removed from the register under sub -section (1) may afterwards be re -entered
in the register, and any order of prohibition of registration passed under sub -section (1)
may be withdrawn, under the direction of the Council given by a majority of two thirds of
the members present and voting at the meeting.
24. Entry of new titles and qualification in the register. - (1) If any person whose name is
registered under this A ct obtains any title or qualification other than the title or qualification
in respect of which he/she has been registered, he/she shall, on payment of the prescribed
fees, be entitled to, and may apply to the Registrar for, any entry respecting such other title or
qualification made against his/her name in the register either in substitution for or in addition
to the entry previously made.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼41½
(2) The Registrar may, aft er making such inquiry as he/she thinks necessary, either make the
entry applied for or reject the application for reasons to be recorded in writing.
25. Appeals from order and decisions of Registrar. - (1) Any person aggrieved by an order or
decision of the Registrar under section 19 or section 20 or section 21 or section 22 or section
24 may within thirty days of such order or decision appeal to the Council.
(2) Every such appeal shall be heard and disposed of in the prescribed manner.
26. Appeals from orders of Council.- Any person aggrieved by an order or decision of the
Council under proviso to Sub-section (2) of section 20 or under section 25 may, within three
months from the date of such order or decision, appeal to the State Government whose
decision thereon shall be final.
27. Preparation, publication and use of annual lists of registered Para -Medical
Professionals. – (1) The Registrar shall in every year, on or before a date to be fixed in this
behalf by the Council, cause to prepared, printed and published in the prescribed manner lists
in the prescribed form and specifying the prescribed particular of all the registered Para -
medical professionals.
(2) In every proceeding it shall be presumed that any person whose name is entered in the
latest of the lists published under sub-section (1) is a registered Para-Medical Professional.
Provided that in the case of a person whose name may have been entered in a register after the
publication of list under sub -section (1) and before the publication of a fresh list her eunder, a
certified copy of such entry, signed by the Registrar, shall be evidence that such person is
registered under this Act.
CHAPTER IV
Recognition of Institutions
28. Recognition of Institutions. - (1) No person shall establish a Para -medical institution or
conduct any course in Para -medical subjects for preparing students to obtain any recognized
Para-medical qualification, without the recognition by the Council.
(2) An application for recognition of a Para -medical institution shall be made to the Registrar
in such form and shall be accompanied with such fee, as may be prescribed.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼42½
(3) For the purpose of ascertaining whether recognition may be given or not, the Council shall
conduct such enquiry as may be prescribed and shall, by order, grant recognition or reject the
application for recognition.
(4) The educational or training institutions conforming to the standards fixed by the Council
by regulations made under this Act. Alone shall be given recognition under this Act.
(5) Notwithstanding anything contained in sub -section (1) all institutions conducting Para -
medical courses as on the date of commencement of this Act shall apply for and obtain the
recognition within six months from the date of commencement of this act.
Provided that if the institution applying for recognition under this sub -section does not
conform to the standards fixed by the Council in this regard, temporary recognition may be
granted to the institution subject to the condition that the facilities in accordance with the
standards fixed by the Council shall be provided within a period of one year from the date of
grant of temporary recognition.
(6) If the institution fails to fulfil the condition specified in proviso to sub -section (5) within
the period specified therein, the temporary recognition granted under that sub -section shall
stand withdrawn forthwith.
29. Withdrawal of recognition. – The Council may, for the reasons to be record ed in writing
and after affording a reasonable opportunity of being heard to the governing body or authority
of the concerned institution, withdraw the recognition of an institution with immediate effect.
30. Appeal to the State Government. - Any person aggriev ed by the order of the Council
granting or refusing to grant recognition to any institution under section 28 or withdrawing
such recognition under section 29 may within three months from the date of such order,
appeal to the State Government whose decision thereon shall be final.
31. Power of Council to call for information from institutions etc.- (1) The Council shall have
power to call upon the governing of any recognized institution-
(a) to furnish reports, returns or other information as the council may r equire to enable it to
judge the efficiency of the institution or the education or training imparted therein; and
(b) to provide facilities to enable any member of the Council, deputed by the Council in this
behalf, to be present at the examinations to be held by any such institution.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼43½
(2) The Council shall have power to inspect any such institution and may for the purpose
appoint a committee of not less than three and not more than five members of the Council to
inspect the same and submit a report in regard thereto to the Council.
CHAPTER V
Recognition of Certain Qualifications
32. Qualifications granted outside the territories to which this Act extends.- The Council if it
is satisfied that any Qualification in Para-medical subjects granted by an authority Outside the
territories of the State of Rajasthan affords a sufficient guarantee of the requisite skill and
knowledge, may declare such qualification to be a recognized qualification for the purpose of
this Act, and may for reasons appearing to it sufficient at any time declare that such
qualification shall be deemed, subject to such additional conditions, if any as may be
specified by the Council, to be recognized only when granted before or after a specified date.
Provided that no person other than a citizen of Indian, possessing such qualification shall
be deemed to be qualified for registration under this Act unless by the law and practice of
the State or Country, in which the qualification is granted, persons of Indian origin
holding such qualification are permitted to enter and practice as Para-medical profession.
33. Mode of declarations.- The declarations under section 32 shall be made by resolution passed
at a meeting of the Council and shall have effect as soon as it is published in the Official
Gazette.
CHAPTER VI
Finances
34. Scale of fees. - (1) The Council may, with the prior approval of the State Government,
prescribe the scale of fees payable in respect of all matters and proceedings provided for in
this Act or the rules and regulations made there under and provide the mode of their payment.
(2) Such fees shall be applied for the purpose of this Act and the rules and regulations made
thereunder.
35. Funds of the Council. - (1) The Council shall establish a fund to be called the fund of the
Council.
(2) The following shall form part of, or be paid into, the fund of the Council, namely:-
(a) any contribution or grant made by the Central Government or the State Government;
(b) Income of the Council from all sources including income from fees and fines;
(c) donations, endowment and other grants, if any; and
(d) any other sums received by the State Council.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼44½
(3) The fund of the Council shall be managed and administered in the prescribed manner.
(4) The funds of the Council shall be applied to the following objects, namely:-
(a) for the repayments of debts incurred by the Council for the purposes of this Act.
(b) for the expenses of any suit or legal proceedings to which the Council is a party.
(c) for the payment of salaries and allowances to the officers and staff of the Council.
(d) for the payment of allowances to the office bearers of the Council.
(e) for the payment of any expenses incurred by the Council in carrying out the
provisions of this Act and the rules and regulations made thereunder; and
(f) any other expenses incurred for the promotion and development of Para-medical
education, research and training, declared by the Council to be in the general
interest of Para-medical education and profession;
36. Accounts and Audit.- (1) The accounts of the Council shall be prepared before such date and
at such intervals and in such manner as may be prescribed.
(2) The accounts of the Council shall be audited in such manner and by such authority as may
be prescribed.
(3) As soon as the accounts of the Council are audited and approved by the Council, the
Council shall send a copy thereof to the state Government.
37. Budget.- (1) The Registrar shall cause to be prepared, in such form as may be prescribed, a
budget in respect of the next ensuing financial year, showing the estimated receipts and
expenditure and shall cause it to l aid before the Council at such time and in such manner as
may be prescribed.
(2) The Council shall be competent to re -appropriate such amounts as may be necessary from
one head to another and within such heads or minor heads.
(3) The Council may as and when required, pass a supplementary budget in such form and by
such date as may be prescribed.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼45½
CHAPTER V
Miscellaneous
38. Prohibition on practice except as provided in this Act. - No person in the State shall
practice or hold himself/herself out, whether directly or indirectly, as a Para -medical
professional unless he/she is registered under this Act and no registered Para -medical
professional in the State shall practice or hold himself/herself out, whether directly, as a Para-
medical professional in any area of specialization other than that covered by the Para -medical
subject in which he/she has recognized qualification.
39. Offences.- (1) Any person who-
(a) dishonestly makes use of any certificate of registration issued to him/her or to any other
person under this Act and the rules and regulations made thereunder; or
(b) procures or attempts to procure registration under this Act and the rules and regulations
made thereunder 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) fraudulently procures or attempts to procure the entry of a new title or qualification under
section 24; or
(d) willfully makes or causes to be made any falsification in the registers maintained or in the
certificates issued under this Act and the rules and regulations made thereunder; or
(e) being the Secretary, Manager or any other office r of any recognized institution issues or
authorizes of the issue of a certificate to any person; or
(f) contravenes the provisions of section 38.
Shall on conviction be punishable with imprisonment which may extend to two years, or with fine
which may extend to two lakh rupees, or with both.
(2) Any person who contravenes any of the provisions of this Act or the rules or regulations
made thereunder shall, if such contravention does not fall within the provisions of sub -section
(1) one conviction, be punishable, with fine which may extend to one lakh rupees.
40. Cognizance of offence.- No court shall take cognizance of an offence punishable under this
Act or the rules or regulations made thereunder except on a complaint made by the Registrar
with the previous sanction of the Council.
41. Control of State Government. - If at any time it appears to the State Government that the
Council has failed to exercise or has exceeded or abused a power conferred or has failed to
perform a duty imposed, upon it by this Act, the State Government may if it consider such
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼46½
failure excess or abuse to be of a serious character, notify the particulars thereof to the
Council and , if the Cou ncil fails to remedy such failure excess or abuse within such time as
may be fixed by the State Government may dissolve the Council and cause all or any of the
powers and duties of the Council to be exercised and performed by such agency and for such
period not exceeding six months as it may think fit.
Provided that the State Government shall reconstitute the Council before the expiry of six
month from the date of its dissolution.
42. Rules and regulations. - (1) The State Government may by notification in the Official
Gazette make rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generally of the foregoing provision, such rules
may provide for the following matters namely:-
(a) to prescribe the manner of elec tion to the office of the President, Vice - President and the
members of the Council.
(b) to prescribe other functions of the Council under clause (p) of sub -section (2) of section
13;
(c) to prescribe the manner in which the fund of the Council Shall be managed;
(d) to prescribe the date before which the intervals at which and the manner in which
accounts of the Council shall be prepared;
(e) to prescribe the manner in which and the authority by whom the accounts of the Council
shall be audited;
(f) to prescribe the form in which the Budget of the Council shall be prepared;
(g) to prescribe the form in which and the date by which supplementary Budget of the
council if required, shall be passed; and
(h) to provide for the matters which are required to be or m ay be provided for by rules under
this Act.
(3) Subject to the provisions of this Act or the rules made thereunder, the Council may with
the approval of the State Government make regulations to provide for the following matters,
namely:-
(a) to regulate t he transaction of business by the Council or by any committee appointed by
it, including the matters specified in sub-section (2) if section 12;
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼47½
(b) to prescribe the forms of the Registers of Para-medical professionals;
(c) to prescribe the form of annual lists of registered Para -medical professionals and mode of
their publication;
(d) to prescribe the forms of applications required to be made under the provisions of t his
Act;
(e) to prescribe the manner and procedure of any enquiry or inspection required to be made
under the provisions of this Act or rules or regulations made thereunder by the Council
or its committee or the Registrar;
(f) to prescribe the form and procedure of appeals under this Act;
(g) to prescribe the scale of fees payable in respect of all matters and proceedings provided
for in this Act or the rules and regulation made thereunder and the mode of their
payment;
(h) to determine the strength of the staff of the Council;
(i) to determine the salaries payable to, and lay down the other conditions of service of, the
officers and servants of the Council;
(j) to specify the duties to be performed by the Registrar and other staff;
(k) to prescribe code of ethics to be observed by the registered Para-medical professionals;
(l) to prescribe the norms and standard for granting recognition to any institution under this
Act; and
(m) to regulate any such other matter which is required to be regulated by regulati ons under
this act or which, in the opinion of the Council, is necessary to be provide for by
regulations in the interest of efficient working of the Council.
(4) The regulations made under sub -section (3) shall be published in the Official Gazette and
shall come into force with effect from the date of such publication.
43. Laying of rules and regulation before Assembly. - All rules and regulation made under this
Act shall be laid. as soon as may be after they are so made, before the House of the State
Legislature, while it is in session, for a period of not less than fourteen days which may be
comprised in one session or in two successive sessions and, if before the expiry of the session
in which they are so laid or of the session immediately following, the Hou se of the State
Legislature makes any modification in any of such rules of regulations or resolves that any
such rule of regulation should not be made, such rule or regulation shall thereafter have effect
only in such modified from or be of no effect, as t he case may be so however that any such
modification of annulment shall be without prejudice to the validity of anything preciously
done thereunder.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼48½
44. Power of the State Government to amend the Schedule: - On the recommendation of the
Council made in this behalf, the State Government may, by notification in the Official
Gazette, amend the Schedule by inserting a new Para-medical subject therein and on and from
the date of publication of such notification the Schedule shall stand amended accordingly.
45. Bar to suits and legal proceedings: - No suit or other legal proceeding shall lie against any
person in respect of any act, done by him in good faith in the exercise of any power conferred
by this Act.
Schedule
[see section 2 (d)]
List of Para-Medical Subject
1. Speech therapy;
2. Audiology;
3. Laboratory Technology(Various types);
4. Radiography & Imaging –ct scan, MRI, X-Ray;
5. Cardiac Investigation Technology-ECG, CTMT;
6. Ortho Technology;
7. Gamma Camera Technology/ Nuclear Medicine Technologist
8. Optometrist Technology- Refraction, Contacting;
9. Ultra Sound Technology;
10. Cath Lab- Angiography;
11. Operation Theatre;
12. Human Nutrition;
13. Dialysis/Organ Transplant;
14. Hospital Medical Record Science;
15. Ophthalmology;
16. Perfusion/Cardiac Surgery/ Cardio Thoracic;
17. Physiology;
18. Cardiology;
19. Pathology;
20. Radiology;
21. Health/ Sanitary
22. Immunization/ vaccination;
23. Basic Health Care & Community Development;
24. Courses on Rehabilitation- Mental Retardation/ Impaired Hearing /Impaired Visually/
Handicapped Vocational Training;
Hkkx 4 ¼d½ jktLFkku jkt&i=] vxLr 5] 2008 25 ¼49½
25. Sports Medicine
26. Medical Transcription;
27. Dental Hygiene;
28. Anesthesia;
29. Blood Transfusions/ Blood Bank;
30. Blood Component Technology;
31. Physicist/ Radiotherapy Technology;
32. Geriatric Care;
,l-,l-dksBkjh]
Principal Secretary to the Government