LexThe Telangana Para Medical Board Act, 2006.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PARA MEDICAL BOARD ACT, 2006.
(ACT NO. 38 OF 2006)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
TELANGANA PARA MEDICAL BOARD
3. Constitution of the Telangana Para Medical Board.
4. Composition of the Board.
5. Disqualifications for members.
6. Term of office of members.
7. Casual Vacancies.
8. Cessation of membership.
9. Resignation of membership.
10. Validity of proceedings.
11. Meetings of the Board.
CHAPTER - III
CONSTITUTION OF EXECUTIVE COMMITTEE
12. Constitution of Executive Committee.
13. Payment of fees and allowances.
14. Secretary, other officers and servants of the Board.
15. Maintenance of registers.
16. Dissolution of the Board.
2 [Act No. 38 of 2006]
CHAPTER - IV
POWERS AND FUNCTIONS OF THE BOARD
17. Powers and functions of the Board.
18. Power to make Bye-laws.
CHAPTER - V
REGISTRATION OF PARA MEDICAL TECHNICIANS
19. Eligibility for registration.
20. Registration.
21. Renewal of Registration.
22. Removal from the Register.
23. Restoration to the Register.
CHAPTER - VI
RECOGNITION OF PARA MEDICAL EDUCATIONAL
AND TRAINING INSTITUTIONS
24. Recognition of Institutions.
25. Withdrawal of recognition.
26. Recognition of qualification.
27. Inspection of Institutions.
CHAPTER - VII
FINANCE
28. Fund of the Board.
29. Annual Accounts and Audits.
CHAPTER - VIII
GENERAL PROVISIONS
30. Persons not registered under this Act not to practice.
31. Offences by Hospitals, Institutions etc.
[Act No. 38 of 2006] 3
32. Prohibition against un-authorized conferment of
degree etc.
33. Penalty for un-authorized use of titles.
34. Trial of offenses.
35. Members of Board, Officers etc., to be Public
Servants.
36. Bar of Jurisdiction of Civil Courts.
37. Protection of actions taken in good faith.
38. Nomination of the first Board.
39. Compounding of offences.
40. Power to take evidence on oath etc.
41. Directions by Government.
42. Power to remove difficulties.
43. Power to make regulations.
44. Power to make rules.
45. Repeal of Ordinance.
TELANGANA PARA MEDICAL BOARD ACT, 2006.1
ACT No.38 OF 2006.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Para Medical
Board Act, 2006.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force with
effect from the 1st August, 2006.
2. In this Act, unless the context otherwise requires,-
(a) “Board” means the 2Telangana Para Medical Board
constituted under section 3;
(b) “Equivalent qualification” means a qualification
recognized as equivalent by any law for the time being in
force in the State or any qualification declared as such and
notified by the Government as equivalent qualification;
(c) “Executive Committee” means the Executive
Committee of the Board constituted under section 12;
1. The Andhra Pradesh Para Medical Board Act, 2006 received the
assent of the Governor on the 22 nd September, 2006. The said Act in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification
issued in G.O.Ms.No .13, Health, Medical and Family Welfare (F1)
Department, dated 09.02.2015.
2. Substituted by G.O.Ms.No.13, Health, Medical and Family Welfare
(F1) Department, dated 09.02.2015.
Short title, extent
and
commencement.
Definitions.
2 [Act No.38 of 2006]
(d) “Government” means the State Government of
3Telangana;
(e) “hospital” means any premises having facilit ies for
treatment of the sick and used for their reception or stay;
(f) “Medical laboratory” means an establishment
where,-
Microbiological, Pathological or Biochemical
investigations, examinations, analysis or the preparation of
cultures, vaccines, sera or other biological products are
usually carried on in connection with the diagnosis or
treatment of any disease;
(g) “Medical Laboratory Technician” means a person
who has acquired a degree or a diploma in Medical
Laboratory Science from a recognized institution or having
the qualification recognized as equivalent qualification;
(h) “Para Medical C ourse” means courses for the
award of any degree, diploma or certificate as notified by
Government from time to time;
(i) “Para Medical Technician” or “Para M edical
Professional” means persons as may be specified and
notified by the Government as Para M edical Technicians/
Para Medical Professionals from time to time;
(j) “President” means the President of the Board;
(k) “Prescribed” means prescribed by rules made
under this Act;
3. Substituted by G.O.Ms.No.13, Health, Medical and Family Welfare
(F1) Department, dated 09.02.2015.
[Act No.38 of 2006] 3
(l) “Recognized institution” means an institution
recognized under section 24 and imparting training to
anyone or more than one para medical courses as n otified
by the Government from time to time under this Act;
(m) “Recognized qualification” means in relation to
medical laborator y technicians, the Bachelors Degree or
Masters Degree in Laboratory Technology awarded by any
University in the State or an e quivalent qualification or
diploma in Laboratory Technology/or an equivalent
qualification;
(n) “Register” means register maintained under section
15;
(o) “Regulations” means regulations made by the
Board with the approval of Government under this Act;
(p) “Secretary” means the Secretary of the Board
appointed under section 14;
(q) “State” means the State of 4Telangana;
(r) “Radiographic Technician” means a person
qualified for taking X -ray films from any recognized
institution or having the qualification recognized as
equivalent qualification.
4. Substituted by G.O.Ms.No.13, Health, Medical and Family Welfare
(F1) Department, dated 09.02.2015.
4 [Act No.38 of 2006]
CHAPTER - II
5TELANGANA PARA MEDICAL BOARD
3. (1) The Government may, by notification constitute a
body to be known as the 5Telangana Para Medical Board to
exercise the powers conferred on and to perform functions
assigned to it under the Act.
(2) The Board shall be a body corporate having
perpetual succession and a common seal, with power,
subject to the provisions of this Act and rules made
thereunder, to acquire, hold and dispose of property and to
enter into contracts and shall in the said n ame sue and be
sued.
(3) The headquarters of the Board shall be at
Hyderabad.
4. The Board shall consist of the following members,
namely:-
I. Ex-officio Members
(i) The Principal Secretary to Government in H.M. &
F.W. Department shall be the ex -officio President of the
Board;
(ii) The Principal Secretary to Government in Finance
Department or an officer not below the rank of Deputy
Secretary to Government nominated by the Principal
Secretary shall be member;
(iii) Vice-Chancellor, 5Kaloji Narayana Rao University of
Health Sciences shall be the Vice-President of the Board;
5. Substituted by G.O.Ms.No.13, Health, Medical and Family Welfare
(F1) Department, dated 09.02.2015.
Constitution of the
5Telangana Para
Medical Board.
Composition of
the Board.
[Act No.38 of 2006] 5
(iv) The Director of Medical Education, 6Telangana,
Hyderabad shall be the Member - Convener of the Board;
(v) The Director of Health, 6Telangana, Hyderabad -
Member;
(vi) Commissioner, 6Telangana Vaidya Vidhana
Parishad, Hyderabad - Member;
(vii) The Secretary to the Board shall be Member -
Secretary of the Board.
II. Nominated Members
6[Three members to be nominated by the Government ,
of whom:-
(i) One member nominated from among the Principal
or Head of Department of the concern ed Government Para
Medical Institutions representing Osmania University;
(ii) one member nominated from the Mana gement of
the State Government recognized Private Para Medical
Institutions;
(iii) one eminent Medical Educationist in Modern
Medicine nominated.]
5. A person shall not be qualified for being chosen or
nominated as, and for being, a member of the Board, if,-
(i) he has not attained the age of majority; or
6. Substituted by G.O.Ms.No.1 3, Health, Medical and Family Welfare
(F1) Department, dated 09.02.2015.
Disqualifications
for members.
6 [Act No.38 of 2006]
(ii) he is an un -discharged insolvent or he is of
unsound mind and stands so declared by a competent
Court; or
(iii) he has been punished by the Board in any manner
for infamous conduct in the profession; or
(iv) he has been dismissed from service under any
Government or any institution; or
(v) his name has been removed from the register
maintained under this Act and has not been reinstated; or
(vi) he ha s been convicted of any offence involving
moral turpitude.
6. (1) The term of office of the members of the Board,
other than the ex -officio members shall be three years from
the date on which he assumes office.
(2) An outgoing member shall be eligible for re -
nomination, if otherwise qualified.
7. (1) Any casual vacancy arising in the office of a
nominated member of the Board by reason of his death,
resignation, removal or disability or otherwise, before the
expiry of his term of office, shall be filled up in the manner
as may be prescribed within a period not exceeding six
months.
(2) Any person nominated under sub -section (1) shall
hold office for the residue period of the term of the member
in whose vacancy he has been nominated.
8. A member other than an ex -officio member of the
Board shall be deemed to have vacated his office,-
Term of office of
members.
Cessation of
membership.
Casual Vacancies.
[Act No.38 of 2006] 7
(i) on his resignation;
(ii) on his absence, from three consecutive meetings of
the Board without intimation indicating the reason for such
absence, sufficient in the opinion of the Board;
(iii) on his becoming subject to any of the
disqualifications under section 5;
(iv) on his ceasing to be a member of the Association
or category fr om which he has been chosen or nominated,
as the case may be.
9. A member other than Ex -officio member may at any
time resign his office by giving notice in writing to the
President and such resignation shall take effect from the
date on which it is accepted by the President.
10. No act done or proceedings taken by the Board shall
be invalidated merely on the ground,-
(a) of any vacancy or defect in the constitution of the
Board; or
(b) of any defect or irregularity in such act or
proceeding not affecting the merits of the case.
11. The meetings of the Board, the proceedi ngs for the
conduct of business and such other matters shall be as
provided by regulations made by the Board in this behalf.
Resignation of
membership.
Validity of
proceedings.
Meetings of the
Board.
8 [Act No.38 of 2006]
CHAPTER - III
CONSTITUTION OF EXECUTIVE COMMITTEE
12. (1) The Board may constitute an Executive Committee
and such other Committees from among its members as
may be necessary for performing such functions in the
manner as may be provided by regulations.
(2) The Executive Committee shall consist of the
President and Vice -President, who shall be members
ex-officio and five members chosen by the Board from
among themselves one of whom shall be a representative of
the Association of Managements.
(3) The Executive Committee shall exercise and
discharge such powers and duties of the Board as may
confer or impose upon it by any regulations, which may be
made in this behalf.
13. The President, the Vice -President and other members
of the Board shall be paid such sitting fees and allowances
or travelling allowance for their attendance in connection
with the meetings of the Board or of any Committee ther eof,
as may be prescribed.
14. (1) The Government may, by notification in the Gazette,
appoint a Secretary who shall act as Secretary to the Board
and to the Committees appointed under this Act.
(2) Subject to the general superintendence and control
by the Board, the Secretary shall be responsible for the
performance of the day-to-day affairs of the Board and such
other functions as may be assigned to him by the Board,
from time to time.
Constitution of
Executive
Committee.
Payment of fees
and allowances.
Secretary, other
officers and
servants of the
Board.
[Act No.38 of 2006] 9
(3) The Secretary shall receive such salary and
allowances, as may be fixed by Government from time to
time, from the funds of the Board.
(4) The method of appointment and other terms and
conditions of service of the Secretary shall be such, as may
be prescribed:
Provided that Government may appoint an Officer/
Retired Officer not below the rank of Joint Secretary to
Government as Secretary of the Board.
(5) The Board may, with the previous approval of the
Government, appoint such other officers and employee s, as
it may deem necessary, for assisting it in the administration.
(6) The method of appointment, salary and allowances,
discipline and other terms and conditions of service of
officers and other employees appointed by the Board shall
be provided in the regulations.
15. (1) There shall be maintained separate registers for
Medical Laboratory Technicians, Ophthalmic Assistants,
ECG Technicians, EEG Technicians / EMG Technicians and
Radiographic T echnicians and such other Para Medical
Technicians declared as such by the Government.
(2) The register shall be maintained in such manner
(manual and electronic) and in such form and shall contain
such particulars as may be prescribed.
(3) The Secretary shall keep the registers in
accordance with the provisions of this Act and the rul es and
regulations framed thereunder.
Maintenance of
registers.
10 [Act No.38 of 2006]
(4) The registers shall be deemed to be public
document within the meaning of section 74 of the Indian
Evidence Act, 1872.
16. (1) If at any time it appears to the Government that the
Board has failed to exercise or has exceeded or abused any
of the powers conferred on it by or under this Act or has
failed to perform any of the duties imposed on it by or under
this Act, the Government may, if they consider that such
failure, excessive exercise or abuse of power is of a serious
character, notify, the particulars thereof to the Board and if
the Board fails to remedy such defects, excessive exercise
or abuse of powers within such time limit as the Government
may fix in this behalf, the Government may dissolve the
Board and cause all or any of the pow ers and duties of the
Board to be exercised and performed by such persons and
for such period as they may think fit and thereupon the
funds and property of the Board shall vest in the
Government for the purposes of this Act, until a new Board
is constituted as provided under section 3.
(2) Where the Government have dissolved a Board
under sub -section (1) , they shall take steps for the
constitution of a new Board under s ection 3 within six
months from the date of such dis solution and on the
constitution of such Board the property and funds referred
to in sub-section (1) shall revest in that Board.
CHAPTER - IV
POWERS AND FUNCTIONS OF THE BOARD
17. Subject to the provisions of the Act and such
conditions as may be prescribed, the Board shall exercise
the following powers and perform the following duties,
namely:-
Central Act 1 of 1872.
Dissolution of the
Board.
Powers and
functions of the
Board.
[Act No.38 of 2006] 11
(a) to fix the criteria for the establishment of para
medical institutions;
(b) to recognize para medical institutions;
(c) to grant temporary recogn ition to any institution
established before the commencement of this Act;
(d) withdrawal of recognition granted to Para Medical
Institutions under this Act;
(e) maintenance of register under this Act;
(f) remove the names of persons under section 22;
(g) restoration of the names removed from the register
under section 23;
(h) recognition of qualification for the purpose of this
Act;
(i) framing of regulation;
(j) delegation of its powers to the Executive Committee;
(k) conduct inspection of para medical institutions;
(l) fixing of fees to be levied under this Act:
Provided that the fee leviable for recognition of
institutions and registration of individuals shall be such
amount to meet the expenses of the Board and it shall not
be a source of undue profit to the Board;
(m) maintenance of the fund of the Board;
12 [Act No.38 of 2006]
(n) to formulate uniform syllabi, course content,
curricula and method of examinations for both theory,
practical and internal examinations, maintenance of records,
its check up etc., all the para medical courses throughout
the State with the approval of the Para Medical Board;
(o) to fix the educational qualifications to teaching staff
for all Diploma / Certificate Courses;
(p) to conduct common examinations for both theory
and practical for all the para medical courses in the State
except those conducted by other statutory authorities;
(q) to award diplomas, certificates and other Academic
distinctions under a common seal;
(r) to fix and collect the fees for theory and practical
examinations;
(s) to review periodically the para medical courses, the
syllabi, educational standards for admissions and to take
appropriate follow up measures including recommendations
for dispensing of outdated courses, updating of courses or
introduction of new courses with reference to emerging
areas of manpower requirements;
(t) to prescribe such standards, facilities, syllabi, entry
criteria etc., as may be deemed necessary to maintain
proper standards in the para medical courses;
(u) to fix the examination centres in the State;
(v) to take disciplinary action against the staff of the
Board indulging in malpractices in the form of leakage of
question papers, alteration of marks or any other such
irregularities in connection with conduct of examinations;
[Act No.38 of 2006] 13
(w) to derecognise an institution if the institution found
indulging in malpractices with reference to the process of
the examination including the internal assessment marks,
irregularities in attendance etc.; and
(x) do such other acts and things, as may be notified.
18. (1) The Board shall be competent to make Bye -laws
from time to time in consistence with the aims and
objectives of the Board pertaining to examination system.
(2) The Bye -laws so made shall provide any person
passing the para medical examination and holding a
certificate granted by the Board shall be eligible for
Government and Private sector employment,-
(i) to set educational standards of the staff,
equipment, accommodation, training and other facilities in
any para medical institution.
(ii) any other matter which is to be or may be
provided under this Act and in respect of which is not
provided under this Act and in respect of which no rules
have been made.
(3) It shall be competent for the Para Medical Board to
cancel the permission or recognition given to institutions if
on enquiry foun d that the Para Medical Institute is not
functioning properly and unbecoming of an organization in
conduct of that Institute in imparting proper education in
para medical courses. Such institution has got a right of
appeal to the Government within thirty d ays from the date of
communicating the orders derecognising Institute and the
decision of the Government is final.
Power to make
Bye-laws.
14 [Act No.38 of 2006]
CHAPTER - V
REGISTRATION OF PARA MEDICAL TECHNICIANS
19. (1) Every Para Medical Technician holding
appointment under the Government on the d ate of
commencement of this Act shall be eligible for registration
under this Act.
(2) Every person who, within the period of one year
from the date of commencement of this Act, or within such
other longer period, as may be notified by the Government,
proves that he had been in regular practice as a Para
Medical Technician / Professional for a period of not less
than two years prec eding the date of coming into force of
this Act and passes the examination conducted for the
purpose by the Board shall be eligible for registration under
this Act.
(3) No person shall be eligible for registration under
sub-section (1) or sub -section (2), if he is subject to any of
the disqualifications under sub -sections (1) to (6) of s ection
5.
20. (1) Every person qualified for registration under sub -
section (1) of section 19 shall apply for registration within
three months from the date of commencement of this Act or
within such extended time as may be fixed by the
Government, by notification in the Gazette.
(2) Every person eligible for registration under sub -
section (2) of section 19 shall apply for registration within
three months from the date on which he became eligible for
registration as provided for in the said sub-section.
(3) An application for registration under this Act shall
be in the prescribed form and shall be accompanied by
such fee as may be prescribed.
Eligibility for
registration.
Registration.
[Act No.38 of 2006] 15
(4) Every Para Medical Technician who applies to the
Secretary for registration in respect of any additional
recognized qualification shall pay a fee, as may be
prescribed.
(5) An application for registration shall be addressed to
the Secretary and if the Secretary is satisfied that the
applicant is entitled to have his name entered on the
register, he shall enter thereon the name of the applicant
and issue to him a certificate in such form as may be
prescribed.
(6) Any person whose application for registration is
rejected by the Secretary, may, within three months from the
date of such rejecti on, file an appeal to the Board and the
decision of the Board thereon shall be final.
21. (1) Every registration made under section 20 shall be
valid for five years and will have to be renewed before the
end of the fifth year.
(2) Where the renewal is not made before the due date,
the Secretary shall remove the name of the defaulter from
the register:
Provided that a name so removed may be restored to
the register on payment of the renewal fee, together with
such fine, as may be prescribed.
(3) On payment of the renewal fee and the fine, if any ,
the Secretary shall, in the manner prescribed, issue a
Certificate of Registration to the person concerned and
where the name of the person has been removed from the
register under sub-section (2) he shall re -enter his name in
the register.
Renewal of
Registration.
16 [Act No.38 of 2006]
22. (1) Subject to the provisions of this section, where the
Board is satisfied after giving the person concerned a
reasonable opportunity of being heard and after making
such further enquiry as it may think fit to make, it may order
that the name of that person shall be removed from the
register if,-
(a) his name has been entered in the register by error
or on account of misrepresentation or suppression of any
material fact, or
(b) he has been convicted of any offence under this
Act or has been guilty of the infamous conduct in the
profession which, in the opinion of the Board, render him
unfit to be on the rolls of the register;
(c) it has been established that the certificate,
Diploma has been obtained through a fraudulent method or
false certificate.
(2) An order under sub -section (1) may direct that any
person whose name is ordered to be removed from register
shall be ineligible for registration under t his Act either
permanently or for such period as may be specified.
(3) A person aggrieved by an order under sub -section
(1) may, within thirty days from the date of order appeal to
the Government and the decision of the Government shall
be final.
(4) A person whose name has been removed from the
register under this section shall forthwith surrender his
Certificate of Registration to the Secretary.
Removal from the
Register.
[Act No.38 of 2006] 17
23. The Board may at any time, for reasons to be recorded
in writing, order that the name of a person removed from the
register under sub-section (1) of section 22 shall be restored
on payment of such fee, as may be prescribed.
CHAPTER – VI
RECOGNITION OF PARAMEDICAL EDUCATIONAL AND
TRAINING INSTITUTIONS
24. (1) Subject to the provisions contained in section 24 no
person shall establish a para medical institution or conduct
any paramedical course for preparing students to acquire
any recognized qualification without the prior recognition by
the Board.
(2) A person may apply for the recognition of a para
medical institution shall be made to the Secretary of the
Board in such form and shall be accompanied by such fee,
as may be prescribed.
(3) On receipt of the application made under sub -
section (2), the Secretary to the Board shall conduct such
enquiry in such manner as may be prescribed and shall, by
order grant recognition or reject the application for
recognition in such manner as may be prescribed.
(4) The educational and training institutions conforming
to the standards fixed by the Board 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 a s on
the date of commencement of this Act shall apply for
recognition to the Board within three months from the date
of commencement of this Act. If the institution applying for
recognition does not conform to the standards fixed by the
Restoration to the
Register.
Recognition of
Institutions.
18 [Act No.38 of 2006]
Board in this regar d, temporary recognition may be granted
to the institution subject to the condition that the facilities in
accordance with the standards fixed by the Board shall be
provided within a period of one year from the date of grant
of temporary recognition.
(6) If the institution does not provide the facilities in
accordance with the standards fixed by the Board within the
period specified therein the temporary recognition granted
under sub-section (5) shall be withdrawn forthwith.
25. Where, on the basis of a report of a Committee
appointed by the Board in this behalf, it is satisfied that an
institution recognized under this Act,-
(a) has failed to comply with conditions of recognition;
or
(b) there exists any of the grounds which would have
entitled to refuse the application for recognition the Board
may by order withdraw such recognition, provided that,
before such withdrawal of recognition, the Board shall give
an opportunity to the person managing that institution for
making his representation.
26. (1) The Board on representation or otherwise may
recognize any Degree, Diploma or Certificate awarded by
any University, Board or Institution established under any
law for the time being in force to be recognized qualification
for the purposes of this Act.
(2) Where a qualification is recognized under sub -
section (1), the Government shall, by notification in the
gazette, declare the same as equivalent qualification for the
purposes of this Act.
Withdrawal of
recognition.
Recognition of
qualification.
[Act No.38 of 2006] 19
27. (1) The Board may appoint either on regular or ad -hoc
basis such number of officers as it may deem necessary, to
inspect any institution for the purposes of granting
recognition under this Act.
(2) The officers referred to in sub -section (1) shall also
be empowered to conduct periodical inspections of the
recognized institutions to ensure that the required standards
are being maintained by them.
(3) The Secretary or any officer authorised by the
Board may enter into the premises of any recognized
institutions to make any inquiry or inspection which is
authorized by the provisions of this Act or of any rule or
regulation or order made thereunder.
(4) The Manager and employees of a recognized
institution and its employees shall be bound to offer to the
officers of the Board such access at all reasonable times, to
the premises of such institution and to all documents and
materials as may in the opinion of such officers be
necessary to enable them to discharge thei r duties under
this section.
CHAPTER - VII
FINANCE
28. (1) All fees received, all income such as rent and profits
derived from properties and funds vested in the Board, all
grants and loans received , if any, from the Government, all
endowments and donations received from any source
whatsoever, all other miscellaneous receipts of the Board
and all remittances received in connection with the affairs of
the Board, shall form the fund of the Board, which shall be
utilised for the purposes, laid down in this Act and in the
rules, regulations and orders made thereunder.
Inspection of
Institutions.
Fund of the
Board.
20 [Act No.38 of 2006]
(2) The Fund of the Board shall be deposited in a
Scheduled Bank as defined in the Reserve Bank of India
Act, 1934 or in the Government Treasury as may be decided
by the Board.
(3) The custody of the Fund, the payment of moneys
therein, the withdrawal of moneys there from and all other
ancillary matters shall be regulated by such rules as may be
prescribed in that behalf.
29. (1) The annual report and accounts of the Board shall
be approved by it and shall be got audited before the end of
September of the next year:
Provided that the accounts of receipts and expenses of
the fee levied and c ollected shall be duly certified by the
Board in the annual report.
(2) The Audit may be done by any Chartered Auditor
appointed by the Board from a panel approved by
Government and the Board shall bear the cost of the audit.
(3) The accounts of the Board as certified by the
auditor together with the audit report thereon shall be
forwarded annually to the Government.
(4) The Government shall cause the accounts of Board
together with the audit report thereon forwarded to them
under sub -section (3) to be laid annually before the
Legislature.
CHAPTER - VIII
GENERAL PROVISIONS
30. (1) No person other than a person registered under this
Act shall practice as a Medical Laboratory Technician,
Ophthalmic Assistant, E.C.G Technician, E.E.G Technician,
Annual Accounts
and Audits.
Central Act 2 of 1934.
Persons not
registered under
this Act not to
practice.
[Act No.38 of 2006] 21
E.M.G Technician, Radiographic Technician or such other
Technicians declared by the Gov ernment as Para Medical
Technicians from time to time.
(2) Any person who acts in contravention of this section
shall on conviction be punishable,-
(a) in the case of a first offence with imprisonment for
a term which may extend to six months and with fine which
may extend to one thousand rupees; and
(b) in the case of a second or subsequent offence,
with imprisonment for a term which may extend to one year,
but which shall not be less than three months and with fine
which shall not be less than two thousand rupees, but which
may extend to five thousand rupees.
31. (1) No dispensary, hospital, infirmary, Lying -in-
Hospital, sanitorium, operation theatre, nursing home, blood
bank, medical laboratory or other similar institution shall
employ any person as a Para Medical Technician unless
such person is a Para Medical Technician registered under
this Act.
(2) Whoever contravenes the provisions of sub -section
(1) shall be punishable with fine which may extend to five
thousand rupees.
32. (1) Save as provided by this Act or the rules made
thereunder, no person shall confer, grant or issue or hold
himself out as entitled to confer, grant or issue any diploma,
certificate or other document stating or implying that the
holder, grantee or recipient thereof is qualified to practice as
a Para Medical Technician.
(2) Whoever contravenes the provisions of sub -section
(1) shall, on conviction, be punishable with fine which may
Offences by
Hospitals,
Institutions etc.
Prohibition
against un-
authorized
conferment of
degree etc.
22 [Act No.38 of 2006]
extend to five th ousand rupees and if the person so
contravenes is an Association, every member of such
Association who knowingly or willfully authorizes or permits
the contravention shall, on conviction, be punishable with
fine which may extend to one thousand rupees.
33. (1) No person shall add to his name any title, letters or
abbreviations, which imply that he holds a degree or
diploma licence or certificate as his qualification to practice
as a Para Medical Technician, unless,-
(a) he has actually received such degree or diploma
or licence or certificate; and
(b) such degree or diploma, licenc e or certificate is
recognized by any law for the time being in force in the
State, or has been conferred or granted or issued by an
authority appointed under this Act.
(2) Whoever contravenes the provisions of sub -section
(1) shall on conviction be punishable, in the case of first
offence, with fine which may extend to one thousand rupees
and in the case of a second or subsequent offences, with
fine which may extend to two thousand rupees.
34. (1) All offences under this Act are triable by a Judicial
Magistrate of First Class.
(2) Notwithstanding anything contained in sub -section
(1), no court shall take cognizance of an offence punishable
under this Act except with the previous sanction of the
Board or of an officer authorised by the Board in this behalf.
35. Every member of the Board, the Secretary, all officers
and servants appointed under this Act shall be deemed to
be public servants within the meaning of section 21 of the
Indian Penal Code, 1860.
Penalty for un-
authorized use of
titles.
Trial of offenses.
Members of
Board, Officers
etc., to be public
servants.
Central Act 45 of 1860.
[Act No.38 of 2006] 23
36. No act done or action taken, in exercise of any of the
powers conferred by or under this Act, by the Government
or the Board or the Executive Committee or the Secretary
shall be called in question in any Civil Court.
37. No suit, prosecution or other legal proceedings shall lie
against the Government or the Board or its member or
officer or other person in respect of anything which is in
good faith done or intended to be done under this Act or the
rules issued thereunder.
38. (1) Notwithstanding anything contained in this Act, the
first Board shall be nominated by the Government for a
period of three years from the date of nomination or till the
constitution of the Board in accordance with the provisions
of this Act, whichever is earlier.
(2) The first Board shall take all steps for the
preparation of the register, recognition of the institutions.
39. The Board or the Secretary may, compound any
offence punishable under this Act before their cognizance
by the Court, on payment of a sum which may not be less
than the minimum of the fine stipulated for such offence but
may extend to the maximum of the fine stipulated for such
offence by way of composition of the offence:
Provided that no such compounding shall be permitted
in the case of a second or subsequent offence.
40. The Board or the Secretary exercising powers under
this Act shall for the purposes of such functioning have the
same powers as are vested in a Civil Court under the Code
of Civil Procedure, 1908, while trying a suit, in respect of the
following matters, namely:-
Protection of
actions taken in
good faith.
Bar of Jurisdiction
of Civil Courts.
Nomination of the
first Board.
Compounding of
offences.
Power to take
evidence on oath
etc.
Central Act 5 of 1908.
24 [Act No.38 of 2006]
(a) Enforcing the attendance of any person and
examining him on oath;
(b)Requiring the discovery and production of
documents;
(c) Receiving evidence on affidavit;
(d) Issuing notices for the examination of witnesses;
(e) Such other matters as may be prescribed.
41. (1) The Government may, after consultation with the
Board, give to the Board general directions to be followed
by the Board.
(2) In the exercise of its powers and performance of its
duties under this Act, the Board shall not depart from any
general directions issued under sub -section (1), except with
the previous permission of the Government.
42. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order, do
anything not inconsistent with such provisions, which
appear to them to be necessary or expedient for the
purpose of removing the difficulty.
(2) No order under sub -section (1) shall be made after
the expiration of a period of two years from the
commencement of this Act.
43. (1) The Board may, with the previous approval of the
Government, make regulations, not inconsistent with t his
Act or the rules made there under, for all or any of the
following matters, namely:-
Directions by
Government.
Power to remove
difficulties.
Power to make
regulations.
[Act No.38 of 2006] 25
(i) the time and place at which the Board and the
executive committee shall hold its meeting and the manner
in which such meeting shall be convened and held;
(ii) the courses and period of study and of practical
training to be undertaken, the subjects of examination and
standards of recognized qualifications;
(iii) the recognition of any Institution for the purpose
of such training and the granting of Degree, Diploma etc., to
candidates passing the examinations;
(iv) minimum criteria to be fulfilled for admission to
these courses and the procedure to be followed in the
selection of candidates;
(v) the standards of staff, equipment,
accommodation, training and other facilities for education in
the Institution;
(vi) the conduct of professional examinations,
qualifications of examiners and the conditions of admission
to such examinations;
(vii) the standards of professional conduct and
etiquette and code of ethics to be observed by Para Medical
Technicians;
(viii) the procedure and conditions for recognition of
qualifications.
(2) All regulations made under this section shall be
published in the Gazette.
(3) The Board may, with the previous approv al of the
Government by notification in the Gazette, at any time,
modify, amend or cancel any such Regulations.
26 [Act No.38 of 2006]
44. (1) The Government may by notification in the Gazette,
make rules to carry out all or any of the purposes of this Act,
not inconsistent with any of the provisions contained therein.
(2) In particular and without prejudice to the generality
of the foregoing power, Government may make rules
providing for,-
(a) the fees and other allowances payable to the
President, Vice-President and other members of the Board
under section 4;
(b) the method of appointment, qualifications, salary
allowances and other conditions of service of the Secretary;
(c) the form of the registers and the particulars to be
entered therein under section 17;
(d) the forms of applications and the fees to be paid
under section 20;
(e) the form of the certificate to be issued under sub -
section (5) of section 20 and the par ticulars which it shall
contain;
(f) the payment of renewa l fee and fine under section
21;
(g) the fee to be levied under section 23;
(h) the custody of the fund of the Board and of the
ancillary matters under section 28;
(i) any other matter which has to be or may be
prescribed by rules made under this Act;
Power to make
rules.
[Act No.38 of 2006] 27
(3) Every rule made under this Act shall be laid, as
soon as may be, after it is made, before the Legislature
while it is in session for a total period of fourteen days which
may be comprised in one session or in two successive
sessions, and if, before th e expiry of the session in which it
is so laid or the session immediately following, the
Legislature makes any modification in the rule, or decides
that the rule shall not be made, the rule shall thereafter have
effect only in such modified form or be of n o effect, as the
case may be ; so however , that any such modification or
amendment shall be without prejudice to the validity of
anything previously done under this Act.
45. The Andhra Pradesh Para Medical Board Ordinan ce,
2006 is hereby repealed.
* * *
Repeal of
Ordinance No.7 of
2006.