The West Bengal Allied-medical And Para-medical Council Act, 2015
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-IB)/2015/SAR-40 liGalkata 6apttt Extraordinary Published by Authority AGRAHAYANA 27] FRIDAY, DECEMBER 18, 2015 [SAKA 1937 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1549-L.-18th December, 2015.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXVIII of 2015 THE WEST BENGAL ALLIED-MEDICAL AND PARA-MEDICAL COUNCIL ACT, 2015. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 18th December, 2015.] An Act to provide for the constitution of a Council of the Allied-Medical and Para- Medical professionals as well as for the coordinated development in the education of Allied-Medical and Para-Medical professionals with a view to regulating and maintaining standards of education, practice, maintenance of register of Allied- Medical and para-Medical professionals and for matters connected therewith or incidental thereto. WHEREAS, it has been found expedient by the State Government to provide for the constitution of an Allied-Medical and Para-Medical Council for the registration of Allied-Medical and Para-Medical Professionals, for the recognition of Institutions imparting training to such professionals in the State as well as for regulating their qualifications etc. and for matters connected therewith or incidental thereto; 2 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter 1.—Preliminary.--Sections 1, 2.) It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary Short title, extent, exemption and Commencement. Definitions. 1. (1) This Act may be called the West Bengal Allied-Medical and Para-Medical Council Act, 2015. (2)It extends to the whole of the State of West Bengal. (3)Nothing in this Act applies to— (a) the practice of any recognized system of medicine by a person, who is registered under the Bengal Medical Act,1914; the Indian Medical Council Act, 1956; the West Bengal Homoeopathic System of Medicine Act,1963; the West Bengal Yoga and Naturopathic System of Medicine Act, 2010 or the Paschim Banga Unani System of Medicine Act, 1979 or Act of similar kind; (b) the practice of dentistry or dental surgery by a person, who is registered under the Dentists Act, 1948 or Act of similar kind; (c) the practice of nursing or midwifery by a person, who is registered under the Bengal Nurses Act, 1934 or Act of similar kind; (d) the practice of pharmacy by a person, who is registered under the Pharmacy Act, 1948 or Act of similar kind; and (e) the practice of Acupuncture therapy by a person, who is registered under the West Bengal Acupuncture System of Therapy Act, 1996 or Act of similar kind. (4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. In this Act, unless the context otherwise requires,— (a) "Academic Sub-Committee" means such Sub- Committee constituted under sub-section (2) of section 32; (b) "Aided Institution" means an Institution or College including University, run or managed by any trust, society or association of persons or organization, receiving financial aid or grant-in-aid from the State Government or the Central Government; (c) "Allied-Medical professional" means any person having adequate professional qualification, who can practide his profession to assist a registered Medical practitioner in practice, or teaching or research of medicine and who can also administer appropriate non-pharmacological therapy and shall include professionals like physiotherapists, occupational therapists, clinical psychologists, Nutritionists etc. or those educated in such disciplines as mentioned in part A of Schedule II but shall not include Pharmacists, Nurses or Para-Medical professionals; Ben. Act VI of 1914. 102 of 1956. West Ben. Act XXXIII of 1963. West Ben. Act VI of 2010. West Ben. Act XLV of 1979. XVI of 1948. Ben. Act X of 1934. VIII of 1948. West Ben. Act VIII of 1996. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 3 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter I.—Preliminary.—Section 2.) (d) "Allied or Para-Medical Practitioner" means a person, whose name has been entered in the registers of the Allied-Medical and Para-Medical Council; (e) "Council" means a common West Bengal Council of Medical Laboratory Technology or Radiology Technology or Physiotherapy or Occupational Therapy or any such Allied-Medical and Para-Medical Professionals as the case may be, constituted under section 3 having sets of separate registers for different Allied-Medical or Para-Medical discipline each having a distinct identity of its own; (0 "Department" means Department of Health and Family Welfare, State Government of West Bengal; (g) "Executive Committee" means the Executive Committee of the Council; (h) "Education" means programmes of education, research or training or such other areas of programmes as the State Government may, in consultation with the Council by notification, declare in such Allied-Medical and Para- Medical disciplines each having a distinct identity of its own as mentioned in Schedule II; (i) "Fund" means the fund of the Council established under section 66; (j) "State Government" means the State Government of West Bengal in the Department of Health and Family Welfare; (k) "Institution" means a professional educational college or an Institution including Board or University, by whatever name called, established by law for imparting education under this Act, which may lead to award of any degree, diploma or license in Allied-Medical or Para-Medical discipline; (1) "Medical laboratory" means a laboratory for diagnostic, therapeutic and research purpose being manned by qualified technical personnel under the supervision of a Medical professional or any such competent person; (m) "Member" means a member of the Allied-Medical and Para-Medical Council and includes its President and Vice-President; (n) "Non-pharmacological therapy" means and includes any recognized form of therapy like physiotherapy, occupational therapy, counseling, dietary advice, etc. but shall not include therapies, which can only be administered by a registered Medical practitioner, like acupuncture, radiotherapy etc.; (o) "notification" means a notification published in the Official Gazette; (p) "Para-Medical professional" means any person having adequate professional qualification, who can practice his profession to assist a registered Medical practitioner in practice, or teaching or research of medicine but who cannot administer any pharmacological or non- pharmacological therapy and shall include professionals, like Medical Technician or Technologists (laboratory medicine), Medical Technician or Technologists(Optometry), etc., educated in such disciplines as mentioned in part B of Schedule II but shall not include Pharmacists, Nurses, or Allied-Medical professionals; (q) "Prescribed" means prescribed by rules made under this Act; (r) "Professional courses" means the courses conducted in any of the discipline mentioned in the schedule of disciplines and such other courses as the State Government may, by notification in the Official Gazette, declare; 4 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter IL—The Council.—Sections 3, 4.) (s) "register" means the register maintained under sub-section (1) of section 50; (t) "Registrar" means Registrar of the Council as appointed under sub-section (1) of section 27; (u) "Registration and Disciplinary Sub-Committee" means such committee constituted under section 25; (v) "Regulations" means regulations made under this Act; (w) "State Medical Faculty" means 'the State Medical Faculty of West Bengal' established under Bengal Govt. Resolution No. 2545 Medl. Dated 1 Ph August, 1914; (x) "Schedule of Discipline" means a Schedule appended to this Act; (y) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an Institution declared to be a deemed University under section 3 of the said Act. 3 of 1956. CHAPTER II The Council Establishment and incorporation of the Council. Composition of Council. 3. (1) The State Government shall, as soon as may be, by notification, constitute, for the purposes of this Act, a Council by the name of the West Bengal Allied-Medical and Para-Medical Council. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue and be sued. (3) The head office of the Council shall be at such place of Kolkata as may be determined, by notification, by the State Government. 4. (1) The Council shall consist of the following members, namely:— (a) Ex-officio members— (i) an officer of the Directorate not below the rank of Assistant Director of Health Services as nominee of the Director of Health Services, West Bengal; (ii) an officer of the Directorate not below the rank of Assistant Director of Medical Education Services as nominee of the Director of Medical Education, West Bengal; (iii) the Director-Technical Education, West Bengal or any officer of the Directorate as may be nominated by him; (b) Nominated members— (i) four members to be appointed by the State Government from amongst the teachers of the each Medical discipline having a distinct identity of its own, mentioned in the Schedule I nominated by the State Government from amongst the faculty of the State run Medical Colleges; (ii) one member nominated by the State Government from amongst the teaching faculty of Nutrition of All India Institute of Hygiene and Public Health; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 5 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter 11.—The Council.—Sections 5-7.) Election. Restriction on election and membership. Term of office and filling up of casual vacancy. (iii) four members to be appointed by the State Government from amongst the teachers of the recognized institutions imparting education in physiotherapy or medical laboratory technology or radiology technology or any such Allied and Para-Medical discipline as mentioned under clause (c) of this sub-section; (iv) the President of West Bengal Medical Council; (v) President of the governing body of the State Medical Faculty; (vi) Vice-Chancellor of concerned University conducting the courses; (c) Elected members— one member from each of Allied and Para-Medical discipline having a distinct identity of its own, mentioned in the Schedule II to be elected from amongst themselves by the registered Allied and Para-Medical Practitioners: Provided that in the case of constitution of the Council for the first time after the commencement of this Act, the member under this clause shall be nominated by the State Government amongst such professionals of Allied and Para-Medical disciplines having adequate knowledge and experience of at least of 10 years duration. (2) Names of every member, ex-officio, nominated or elected under sub-section (1), shall be notified in the Official Gazette. 5. (1) Elections under clause (c) of sub-section (1) of section 4 shall be conducted in such manner as may be prescribed. (2) Where any dispute arises regarding any such election, it shall be referred to the State Government whose decision shall be final. (3) The first election shall be held not before three years, from the first formation of the Council. 6. (1) No person shall be eligible for election to the Council unless he possesses any of the recognized qualifications and, is registered on the register and resides in the State of West Bengal. (2) No person shall, at the same time, hold the office as a member of the Council in more than one capacity. 7. (1) Save as otherwise provided in this Act, a member of the Council shall hold office for a term of five years from the date of his appointment: Provided that the members nominated under proviso to clause (c) of sub-section (1) of section 4 shall hold office till the elected members take charge of their offices, and the members so elected shall continue in the office for the unexpired term of nominated members under clauses (b) of sub-section (1) of section 4. (2) The member nominated under section 4 shall hold office during the pleasure of the State Government. (3) Notwithstanding the expiration of the term specified under sub-section (1) an outgoing member shall continue in office till the nomination or election, as the case may be, of his successor. (4) An outgoing member shall be eligible for re-appointment, if otherwise qualified under section 9. 6 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter 11.—The Council.—Sections 8-10.) Filling up of casual vacancies. Eligibility for membership. Cessation of membership. 8. (1) A member shall be deemed to have vacated his office if he ceases to be a member under section 10. (2) Any casual vacancy of a nominated or elected member arising in the Council, by his death, resignation, removal, disability or otherwise, before the expiry of his term of office, shall be filled up within a period of three months, by nomination or election, as the case may be, or by any such manner provided in this Act and rules made thereunder. (3) The person, so nominated or elected to fill up the vacancy, shall hold office for the remaining unexpired term of the member, in whose vacancy he has been appointed. (4) When the said term in respect of any member is about to expire, a successor may be elected or nominated at any time within three months before the said term expires, but he shall not assume office until the said term has expired. 9. (1) Before appointing any person as a member, the State Government shall satisfy itself that the person is an Indian citizen of ability, integrity, social commitment and professional standing with adequate knowledge and experience, at least of 10 years, in dealing with Medical or Allied-Medical or Para-Medical education, or any other professional education or leadership of non-Medical academic Institutions imparting education in disciplines such as law, management or public administration. (2) A person shall not be qualified for being appointed as a member of the Council, if— (a) he has not attained the age of majority; or (b) he is not a citizen of India; or (c) he is an undischarged insolvent declared or adjudicated by the competent court of law; or (d) he is of unsound mind or stands so declared by a competent court; or (e) he has been convicted for an offence involving moral turpitude; or (f) he has been dismissed from any service under the State Government; or (g) he is an employee of the Council and is remunerated by salary, honorarium or any kind of remuneration; or (h) his name has been removed from the State Register, or from the register of registered Allied-Medical, or Para-Medical professionals under any Act for the time being in force; or (i) he, in the opinion of the State Government has such conflict of, financial or other, interest likely to affect prejudicially the discharge by him of his functions as a member; or (j) he has such other disqualifications as may be prescribed by rules. 10. (1) An ex-officio member of the Council shall cease to be a member of the Council on his cessation of the service, by virtue of which he was appointed as a member of the Council. (2) A member other than an ex-officio member of the Council shall cease to be a member of the Council— (a) on acceptance of his resignation; or (b) on becoming subject to any of the disqualifications mentioned in section 9; or (c) on his ceasing to be member of the Association or category from which he has been nominated as the case may be; or (d) on the expiry of the term of his office. PART M1 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 7 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter 11.—The Council.—Sections 11-13.) Resignation by member. Removal and vacation of membership. The President, the Vice-President and other office bearer. 11. (1) Any elected member of the Council may at any time resign from his membership by writing under his hand addressed to the President of the Council. (2) Any nominated member may at any time resign from his membership by writing under his hand addressed to the State Government. (3) A member, who has submitted his resignation under this section, shall continue to hold office of the Council until his resignation has been accepted by the Council or the State Government as the case may be: Provided that such resignation of a member shall be finalised within three months of tendering such resignation. 12. (1) The Council may, without prejudice to the provisions of sub-section (2), by a majority of not less than two-thirds of its total members present and voting, at any time remove a member of the Council if it is satisfied that for any reason the continuance of that member in the Council is against public interest or is prejudicial to the interest of the Council. (2) The Council may remove any member of the Council other than ex-officio members and shall declare his office as vacant, if he:— (a) becomes subject to any of the disqualifications specified under section 9; or (b) refuses to act or becomes incapable of acting as a member; or (c) has absented himself from three consecutive meetings of the Council without the permission of the Council; or (d) is absent for being out of India for a period exceeding twelve consecutive months; or (e) has abused the position of the President, the Vice- President or a member, as the case may be, as to render his or her continuance in the office detrimental to the public interest: Provided that no such declaration shall be made under this sub-section unless a reasonable opportunity of being heard is given to the member concerned. (3) Any member aggrieved by a declaration under sub-section (2) may prefer an appeal to the State Government within ninety days from the date of such declaration and the decision of the State Government thereon shall be final. 13. (1) The President and the Vice-President of the Council shall be elected by the members of the Council from amongst themselves at its first meeting: Provided that in the case of constitution of the Council for the first time after the commencement of this Act, the State Government shall nominate one of the members to be its President and another member to be its Vice-President, both of whom shall hold office until the regular President and Vice-President are elected: Provided that such nominated President and Vice-President shall hold office during the pleasure of the State Government. (2) The President or the Vice-President, as the case may be, shall be deemed to have vacated his office, on his resignation being accepted by the State Government or on the expiry of his term of office as a member or on otherwise cessation of their membership. (3) The President shall exercise such powers, discharge such duties and perform such functions as may be prescribed or as may be conferred or imposed upon it by the Council and he shall be the chief executive authority of the Council. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter II.—The Council.—Section 14.—Chapter III—Conduct of Business.—Section 15.) Executive Committee. (4) When the office of the President is vacant, the Vice- President shall exercise the powers and functions of the President until a new President assumes office. (5) When the offices of both the President and the Vice-President are vacant or when both of them are incapacitated, the Director of Medical Education shall exercise the powers and perform the functions of the President until a new President or Vice- President is appointed and assumes office or the President or the Vice-President recovers from his incapacity. (6) An outgoing President or Vice-President shall be eligible for reappointment for that office for another term, if otherwise qualified. 14. (1) The Council shall, as soon as may be, constitute an Executive Committee from amongst its members, as may be necessary for performing such functions upon observing the summoning and holding of meetings and such other procedures to conduct of business, as may be prescribed by rules. (2) The Executive Committee shall consist of the following, namely :— (a) all the members of the Council as mentioned in clause (a) of sub-section (1) of section 4; (b) any two members of the Council nominated by the President on behalf of the Council from amongst the members as mentioned in clause (b) of sub-section (1) of section 4. (3) The President and the Vice-President of the Council shall be the Chairperson and the Vice-Chairperson respectively of the Executive Committee. (4) A member of the Executive Committee shall hold office as such until the expiry of his term of office as a member of the Council. Subject to his being a member of the Council, he shall be eligible for re-nomination. (5) A member may resign from his membership of the Committee by writing under his hand addressed to the Chairperson of the Committee and action shall be taken to fill that seat in the same manner in which that seat was filled in. (6) The Executive Committee shall exercise such powers, discharge such duties and perform such functions as may be prescribed by rules or as may be conferred or imposed upon it by the Council under the Act. CHAPTER III Conduct of Business Meetings of Council. 15. (1) Notwithstanding anything contained in this Act, the Council shall observe such procedures with regard to the conduct of meetings of the Council, the Executive Committee, and Sub-Committees, and shall observe such other conduct of business as may be prescribed by regulations. (2) The Secretary of the Council shall convene and fix the date of every meeting in consultation with the President. The Council shall meet at least twice every year. (3) All meetings of the Council shall be either ordinary or special. (4) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat or agenda thereof, shall be dispatched to every member at least fifteen clear days before an ordinary meeting and at least seven clear days before a special meeting. PART THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 9 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter III.—Conduct of Business.—Sections 16-22.) Special meeting. Adjournment of meeting. 'residing of [-meting. ,uorum. Decision of question by majority of votes. Vacancy, etc. not to invalidate proceedings of the Council. Minutes of voceedings. (5) The agenda of the meeting shall be settled by the Secretary in consultation with the President. (6) No business, other than that specified in the notice relating thereto, shall be transacted at a meeting except with the permission of the Chair. 16. The President may, whenever he thinks fit, call a special meeting, and shall be bound to do so within two weeks of the receipt of a written requisition, signed by not less than seven members of the Council. 17. (1) Any meeting of the Council may, with the consent of the majority of the members of the Council present, be adjourned from time to time, to a later hour on the same day or to any other date, but no business other than left over at the adjourned meeting shall be transacted at such meeting. (2) A notice of adjournment put up at any conspicuous place in the office of the Council or at the place of meeting, on the day on which the meeting is adjourned, shall be deemed to be sufficient notice of the next ensuing meeting. 18. (1) The President of the Council and in his absence the Vice-President shall preside over the meeting. (2) If the President and the Vice-President are both absent, the members present shall choose one of them to preside over the meeting. 19. (1) The quorum for a meeting of the Council shall not be less than one-third of the total number of members of the Council. (2) If at any time in a meeting there is no quorum, the presiding authority shall adjourn it to such time or date as it thinks fit and announce the same at once; and the business scheduled for the meeting shall be carried forward at the subsequent meeting, whether at such meeting there is a quorum or not. (3) No business, other than the business fixed for the meeting, shall be transacted at such subsequent meetings. (4) A notice of such adjournment put up at any conspicuous place in the office of the Council or at the place of meeting on the day, on which the meeting is adjourned, shall be deemed to be sufficient notice of the subsequent meeting. 20. Except as otherwise provided by or under this Act, all questions brought before any meeting of the Council shall be decided by a majority of the votes of the members present, and in case of a tie the presiding authority of the meeting shall have to exercise a second or casting vote. 21. No act or proceeding of the Council shall be invalidated merely by reason of— (a) any vacancy in, or any defect in, the constitution of said Council; or (b) any defect in the appointment of a person acting as a member of said Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case. 22. (1) The minutes of proceedings of each meeting of the Council shall be recorded in a book to be maintained for the purpose. (2) The names of the members of the Council present thereat shall be entered and signed in the minute book and it shall be signed in confirmation by the Presiding Authority at the same or the next ensuing meeting. 10 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter III.—Conduct of Business.—Sections 23-26.) Allowances to the Members of Council. Power to associate persons with the Council. Registration and Academic sub- committees. Other sub- committees. (3) A copy of the minutes of proceedings of each meeting of the Council shall, within seven days from the date of its confirmation, be forwarded to the State Government or any other authority appointed by it on its behalf: Provided that nothing in this section shall be deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council, unless the Council directs such resolution to be treated as confidential. (4) 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 this Act. 23. (1) All members of the Council shall be entitled to such travelling and other allowances as may be prescribed by regulations: Provided that the members of the Council who are State Government employees, shall not be entitled to receive such allowances. (2) No member shall be entitled to any payment other than the payment as specified in sub-section (1). 24. (1) The Council may associate itself, in such manner and for such purposes as may be prescribed by regulations to be made in this behalf by the Council, with any person, whose assistance or advice it may require for carrying out any of the provisions of this Act. (2) The Council may, if it thinks necessary, invite such person having special knowledge or experience in Para-Medical profession to its meeting, to hear his views on the subject. (3) The invitee 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. (4) The invitee shall be entitled to receive such allowances as specified in section 23. 25. (1) The Council shall constitute a Registration and Disciplinary Sub- Committee and another Academic Sub-Committee and may refer any matter under this Act to such sub-committee(s) for enquiry and report or for opinion or recommendation. (2) The recommendations of these Sub-Committees shall be subject to approval of the Executive Committee and the Council, unless otherwise provided in this Act. (3) The composition, mode of appointment, tenure, powers and functions, the summoning and holding of meetings and the procedures to conduct business and other terms of office and conditions of members of such Committee shall be such as may be prescribed by regulations to be framed by the Council. 26. (1) The Council may, by general or specific order from time to time, constitute any other Sub-Committee(s) for such general or specific purposes as it considers necessary for carrying out its functions under this Act and may refer to such sub- committee(s) for enquiry and report or for opinion or recommendation related to any matter under this Act. (2) The recommendations of these Sub-Committees shall be subject to approval of the Executive Committee and the Council, unless otherwise provided in this Act. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 11 ppointment of le Registrar, Cher officers and ;WI The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter 111.—Conduct of Business.—Sections 27, 28.) (3) The composition, mode of appointment, tenure, functions, the summoning and holding of meetings and the procedures to conduct business and other terms of office and conditions of members of such Committee shall be such as mentioned in the order under sub-section (1). (4) Every Sub-Committee constituted under this section shall choose its own Chairperson: Provided that— (a) where the President is a member of such Sub- Committee, he shall be the Chairperson of such Committee, and in his absence, the Vice-President, if he is a member of such Committee, shall be its Chairperson; and in the absence of both, any member chosen by the members of that Committee shall be its Chairperson; (b) where the President is not a member of such Sub- Committee but the Vice-President is a member, he shall be its Chairperson, and in his absence any member chosen by the members of the Sub-Committee shall be its Chairperson. 27. (1) For the purpose of discharging its functions efficiently under this Act, the Council may, with the prior approval of the State Government, appoint a Registrar, who shall also act as Secretary and if so decided by the Council shall also act as its Treasurer whenever considered necessary. (2) For the purpose of assisting the Registrar in discharging his day-to-day duties, the Council may appoint a Deputy Registrar, who shall also act as Registrar during any temporary vacancy in the office of the Registrar due to leave or any other reason. (3) The Council may establish separate administrative departments, one each for the Allied Medical and the Para-Medical disciplines, each having a distinct identity of its own under the Council for regulation of profession of that discipline, and may appoint an Assistant Registrar or any other officer for each such department. (4) The Council may appoint such other officers and staff, as it may deem necessary and such other officers and staff shall perform their duties and discharge their functions under general superintendence and control of the Registrar and Deputy Registrar and under overall control of the Council. (5) Notwithstanding anything contained in sub-section (1), after formation of the Council, for the first time till the first election is held, the Registrar shall be a person appointed by the State Government, who shall hold office during the pleasure of the State Government. Power and duties of Registrar, other officers and staff. 28. (1) The Registrar shall act as Secretary of the Council and he shall be responsible for the performance of the day-to-day affairs of the Council and shall execute all legal documents for and on behalf of Council. (2) Notwithstanding anything contained in section 4, the Registrar shall be the ex-officio member of the Council and its Executive Committee and shall attend all meetings of the Council, and of its Executive Committee, and shall record minutes of the meetings and names of members present and the proceedings of such meetings but shall not be entitled to vote thereat. 12 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. Control and discipline of the Registrar, other officers and staff. Regional Administrative offices. Authentication of orders and other instruments of the Council. Standards of education. (Chapter III.—Conduct of Business.—Sections 29-31.—Chapter IV.—Allied-Medical and Para-Medical Education.—Section 32.) (3) The accounts of the Council shall be kept by the Registrar in such manner as may be prescribed by rules. (4) The Registrar and Deputy Registrar shall exercise supervisory powers over other officers and staff and shall perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed by regulation made thereunder or as may be assigned to him by the Council from time to time. (5) The other officers and staff shall perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed by regulation made thereunder or as may be assigned to them by the Council from time to time. (6) All orders and decisions of the Council shall be authenticated under the signature of the Registrar, and all other instruments issued by the Council shall be under the signature of the Registrar. 29. (1) The method of appointment, tenure of service, discipline and other terms and conditions of service of Registrar, Deputy Registrar, other officers and staff appointed by the Council shall be such as may be prescribed by regulations to be made in this behalf by the Council. (2) The Registrar, Deputy Registrar, other officers and staff appointed by the Council shall be subject to such conditions of service and shall be entitled to such remunerations, pay and allowances as may be prescribed by regulations. (3) The Council may cause for suspension, dismissal or removal of Deputy Registrar, other officers and staff or may initiate such other types of disciplinary action against them in such manner as may be prescribed by regulations and similar steps or action may also be taken by the Council against the Registrar subject to prior approval of the State Government. (4) The Registrar, Deputy Registrar, other officers and staff shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860. 30. The Council may, with prior approval of the State Government, establish Regional Level Administrative Offices of the Council, which shall act merely as an administrative office of the Council to perform functions of information, coordination and liaison in regions inside or outside West Bengal. 31. All orders and decisions of the Council shall be authenticated by the signature of the President, or any other member authorized by the said Council in this behalf, and all other instruments issued by the said Council shall be authenticated by the signature of the Secretary or any other officer of the said Council authorized by the said Council in this behalf. CHAPTER IV Allied-Medical and Para-Medical Education 32. (1) The Council shall, by regulation prescribe the minimum standards of education required for granting recognised qualifications by Universities or Institutions: Provided that a set of separate standards of education, one for each of the Allied- Medical and Para-Medical disciplines, each having a distinct identity of its own, may be prescribed. (2) For the preparation of first draft of regulation and subsequent revision thereof, the Council shall constitute an Academic Sub-Committee as per provision of section 25 and the Academic Sub-Committee shall place the first draft of regulations before the Executive Committee for its consideration, and shall from time to time, 45 of 1860. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 13 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter IV.—Allied-Medical and Para-Medical Education.—Section 33.) Classification, nomenclature and definition. review the prescribed minimum standards and report to the Council on the efficacy of these regulations and may recommend to the Executive Committee such amendments thereof as it may think fit. (3) In particular, and without prejudice to the generality of the foregoing power, the regulations mentioned under sub-section (1) may prescribe— (i) the nature and period of study and of practical training to be undertaken before admission to an examination; (ii) subject of examinations for recognized qualifications, methods of assessment and evaluation, qualifications of examiners, the conditions of admissions to such examinations and the standards therein to be attained; (iii) any other conditions of admission to examination; (iv) the minimum standard of infrastructure and accommodation to be provided for study, practical training, administrative activities, hostel facilities and other facilities; (v) the types, minimum norms, standards and qualification of teaching faculties and non-teaching employees to be engaged for study and practical training; (vi) the types, minimum norms and standards of equipment and machineries facilities to be provided for study and practical training; (vii) the types, minimum norms and standards of forms, records and registers to be maintained; (viii) the minimum norms and standards of other facilities to be provided; (ix) any other norms or standard as the Council thinks necessary. (4) Such standard shall also include the nature and period of such practical training or internship to be undertaken after passing the qualifying examination which is mandatory for registration and such practical training or internship shall be considered as an integral part of the whole education programme. (5) For maintenance of such standard, the Council shall monitor and evaluate performance of the Institutions granting recognized qualifications in the State and other bodies constituted under this Act and take appropriate action based on such evaluation, as may be prescribed by the rules: Provided that nothing contained under this section shall apply to State Medical Faculty of West Bengal, for its existing Courses. 33. (1) For the purpose of prescribing separate standards of education under section 32, the Allied-Medical or Para-Medical disciplines shall be defined and classified into following mutually exclusive categories, which include— (a) "Clinical Psychology", which means an Allied-Medical discipline concerned with the application of medically directed diagnostic and therapeutic procedures through use of integration of methods and techniques based on principles of Psychology with the Biological, Medical and Social Sciences or any other appropriate technique in evaluation, examination, treatment, counseling or rehabilitation of or for a case who have or are suspected of having psychological disorder for the purpose of providing Clinical Psychology services to such case. Such Clinical Psychology services includes (i) psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning; and 14 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter IV.—Allied-Medical and Para-Medical Education.—Section 33.) (ii) counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; and (iii) diagnosis, including etiology and prognosis, and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as of the psychological and neuropsychological aspects of physical illness, accident, injury, or disability; and (iv) psycho-educational evaluation, therapy, remediation, and consultation; (b) "Dietetics and nutrition" which means an Allied-Medical discipline concerned with the application of various Medically directed therapy or therapeutic procedure through integration of principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences in evaluation, examination, treatment, counseling or rehabilitation of or for a case who have or are suspected of having dilatory or nutritional disorder/impairment for the purpose of providing nutrition care services to such case. Such Nutrition care services include: (i) Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting; and (ii) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints; and (iii) Providing nutrition counseling in health and disease; and (iv) Developing, implementing, and managing nutrition care systems; and (v) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; and any other appropriate services; (c) "Medical Technology (Laboratory Medicine)" which means a Para- Medical discipline concerned with the application of various Medically directed diagnostic procedures like chemical, microscopic, pathological, bacteriological, genetic or other bio-immunological and Medical laboratory procedures through use of various chemical reagents or biological agents and appropriate laboratory techniques in collection and handling of specimens like human or animal tissues, body fluids, excretions and samples like food, water etc. in performing tests, examination or analysis of those specimen and samples and producing laboratory report and in preparation of cultures, vaccines, sera or other biological or microbiological products with the aid of laboratory or other Medical equipment for the purpose of providing assistance to the physician in diagnosing a case or teaching a student or carrying out research; (d) "Medical Technology (Nuclear medicine)" which means a Para-Medical discipline concerned with the application of Medically directed therapeutic procedure through use of unsealed ionizing radiation source and appropriate techniques in treatment of or for a case for the purpose of providing assistance to the physician in treating such case or teaching a student or carrying out research; (e) "Medical Technology (radio-diagnosis)" which means a Para-Medical discipline concerned with the application of Medically directed diagnostic procedures through use of ionizing (X-Rays) or non-ionizing radiation (like magnetic resonance, radio-frequency waves and ultrasound) and appropriate techniques in producing diagnostic images for the purpose of providing assistance to the physician in diagnosing a case or teaching a student or carrying out research; PART THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 15 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter IV—Allied-Medical and Para-Medical Education.—Section 33.) (f) "Medical Technology (Radiotherapy)" which means a Para-Medical discipline concerned with the application of Medically directed therapeutic
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