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CHHATTISGARH ACT (No. 25 of 2001)

THE ClilIATTISGARH SAH CHIKITSA P~SHAD ACT, 2001

I. Short title, extent and commencement.

2. Definitions

Table.of Contents

CHAPTER- I

PRELlMINARY

CHAPTER-IT

ESTABLISHMENT AND CONSTITUTION OF CHHATTISGARH PARAMEDICAL COUNCil.

3. Establishment of Council

4. Constitution of Counci !

<. -'· Disqualification for membership

6. Tem1 of office of elected, nominated members of Council ar1d nominee

7. Resgnation by nominated or elected members

8. Disabilities for continuing as member of Council

9. Fi Hing of casual vacancies

10. President and Vice-President of.council

11 Convening of met.ting

CHAPTER· Ill

CONDUC'.T OF BUSINESS

'; ! I

t

20 (21)

l 2. Powers of President to cal I special meeting

13. Adjournment of meeting

14. Presiding of meeting

15. Quorum

I 6. Decision of questions by majority of votes

17. Minutes of proceedings

18. Vacancies. etc. not to invalidate proceedings

19. Proceeding of meeting to be good and valid

20. Allowances of members of counci I

21. Power of council to invite any person having special knowledge or experience in paramedicine

22. Committees CHAPTER- IV

POWERS AND FUNCTIONS OF COUNCIL

2 3. Powers and functions of Council

CHAPTER-V

PARAMEDICAL INSTITUTlONS AND RECOGNITION

24 . Recognition of Paramedical qualifications in certain .ca scs

25. Ti me for seck.i ng penni ssion for certain existing Paramedica 1 lmti tutions

26. Recognition of paramedical qualification granted by University or Paramedical Institution in India

'27. Recognition of Paramedical qualification granted by Paramedical institutions in countries with which there is a scheme of reciprocity.

28. Recognition of Paramedical qua 1 ification granted by certain Pa rnmedi cal I nsti tuti ons whose qua Ii fi cations are not included in the Schedule.

29. Power to require infonnation as to courses of study and examinations

30. Inspect.ion of Paramedical Institution

31. Withdrawal of recognitions

3 2. Minimum standards of Pa ramedi ca! Education

CHAPTER~ VI

REGISTRAR AND OTHER OFFICERS A1'TD SER\'..\i'iTS

3 3. Rcg1 ~t rr,r ~ind other officers and st~f\/~HltS of th~ Cotuicll

34. Duties uf Rcgistr:.1r

CHHATTISGARH ACT ( No 2.5 of200l)

20 (2J)

Tl1l: CHIIATTISGAUH SAH CHTKITSA PARISHAD ACT, 2001

A Act tu provide for the cst11blisluuent of Pi1ramedical Council in the State nud to regulate the practice by Paramedical Practitioners and Paramedical Education.

Be 1t enacted by the Chhattisgarh Vidhan Manda! in the Fifty second Year of the republic of India as follows ·­

CHAPTER - I

PRELIMINARY

(I) 111.is Act may he called the Chhattisgarh Sah Chikitsa Pari shad Adhiniyam, 2001 (No 25 of 200 l ).

( 2) lt extends to the whole of Chhatti sga rh.

( 3) ft shall come into force on such date as the State Government rna y by notification rippornt

2 In this Act unless the context otheiwise requires-

(a) "Council" means, the Chhattisgarh Sah Chikitsa Parishad established under Section 3

(b) "Paramedical" means, any personnel qualified in paramedical subject and who helps 111 teaching or practice of-

(i) !\-1cdicine within the meaning of clause (i) of Section 2 of the Indian

Medical Council Act, 1956 (No. l 02 of 1956) :or

(ii) Medicine in Homeopathy and Biodiem1stry within the meaning of clause ( d) of Section 2 of the Madhya Prn desh Homeopathy PMi shad Adh 1111 y.i m, l G76 (~·o_ 1 G of 1 976 ); or

(iii) :\kdicine in Ayurvedic System, Naturopathy and Unani Syste111 within the meaning of cb us es (b ), ( e) and ( i) respectively of S ccti on 2 of the \1adhy a ~ Pm desh Ayu n edi c, Unani tatha Prak ritik chi kits a Vya vsayi Adhi ni ya111, 19 70 (~o 5 of 1970) : or

(iv J l'vtedi cine \VI ht in ti 1 e meaning of Sub-section ( c) of Section 2 of Chha tti sga rh C'hi kitsa \hlnd;1I Adhiniyarn, 200 I (l\'o. 7 of 200 I).

(c) ··Parc1mcdical Subject" means, the subject mentioned in the Schedule.

( d) ·· Recognized P,1 rn mcdi cal qu.1 lifi cation" me,ms, a dt--gree, di plollla or ci;rtifi cate 111 ,my Pa ia 111cd1c,1 I subject granted by an:,· Uni vcrsity· l'Sta bi 1 ~bed by law or any orhc>r institution 1ccogn1wd by the State Govcmmcm ;11 thi~ bd1~lf

Short tiU e, ext<cnt ~nd

t'·omn1,inccmcnL

Definition,.

.!

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Establishment or Co11nal.

Conslltution of Co11ncil.

tHfltPI~ ~. ~ 1 5 ~ 2002

(c) "Registered Paramedical Practitioner" means, a person registered under this Act

( i) "State Register" means, a register maintained under this Act and expression ''Reg · istered" and "Registration1' shall be construed accordingly.

CHAPTER-Il

ESTABLISHMENT AA'D CONSTITUTION OF CRHA TTISGARB PARAMEDICAL COUNCIL

3. ( l) The State Government shall, as so.on as may be, esta bH sh, by notification, a Para medic.al Council with effect ftom such date as may be specified therein,

(2) The council shall be a body corporate by the name of the Chhattisgarh Paramedi cal Council, and shall have perpetual succession and a common seal with the

· power to acquj re and hold property both movea hie and il'nmovea ble and subject to the provisions made under this Act, to transfer any property held by it and to contract and do all other things nec~sary for the purposes of its constitution and may sue and be sued in its corporate name.

4. ( l) The Council shall consist of the following members, namely: -

A-Ex~officio (i) Minister for Public Health, Family Welfare and Medical Education.

(ii) Director Medical Education.

(iii) Director Health Services.·

(iv) Director Indigenous Systems of Medicine and Homeopathy.

(v) Chairman of the Vyavsayik Parishad Manda! Chhattisgarh or his nomi­nee not below the rank of controller.

B-N ominated Members (vi) One Dean of State or Autonomous Medical College

(vii) One Principal of State of Autonomous Ayurvedic College.

(viii) One Professor of Orthopedics of Government or Autonomous tvledical Col­lege or Principal of Autonomous College of Physiotherapy.

J ( i ~) One Professor and Head of Department of State or Autonomotis Ayurvedic !

College in which the course in Paramedical subject is run. ·

(x) One Professor and Head of the Department ofStnte or Autonomous Ayurvtdic

OJ Homeopathy or Ummi College in which r.ny Par;imcdic:il ~ub.iect is nin.

C-EINtcd ~·1cmbers (xi) Fi vc mcm bcrs to be d ected frc :n themselves by I he 1·!:g,i m red P,i 1.; m-..'d i ca I

·.-:---=-..·-==-=-=- :. -_-_-:___:--._~-~-··.:..-_:-_:·· =::::::=~·-·;::.· ::::::::=:--:-:-..:::======____:__::=--===-----:-=

practitioners in such n1anner as may be prescribed by regulations ·

Provided that in the case of constitution of the Council for the first time after the commencement of the Act the members under this category shall be nominated by the State Government

(2) TI1e member under clause ( vi) to (x) of Sub-section ( 1) shall be nominated by the State Government

(3) No person shall at the same time serve as a member in more than one capacity

( 4) The name of every person ex-officio, nominated or elected under Sub-section ( I ) shall be notified in the Gazette.

,- 5 .',·A, Person shall not be qua Ii fl cd for being nominated or elected as a member of the Cotmcil, if-

· (a) He is not a citizen of India ; or

(b) He is an un-discharged insolvent; or "'

(c) He 1s of unsound mind and stands so declared by a competent court; or

( d) He has been sentenced for an offence involving moral turpitude ; or

(e) He is an employee of the Council and is remunerated by salary or honorarium; or

(f) His name has been removed from the State Register, or from the Register of medical or paramedical practitioner under any Act fur the time being in force.

6 ( 1) Save as otherwise provided in this Act, elected and nominated members shall hold office for a tenn of five years from the date of first meeting of Council :

Provided that the members nominated under proviso to clause (xi) of Sub-section ( 1) of Sectior1 4 shall hold office ti\! the elected members have entered their offices, and the mcmhers so elected shall continue in the office for the unexpired term ofnominated members under clauses (vi) to (x) of Sub-section (I) of Section 4

( 2) The nominee of the chai nnan of the Vyavsayi k Pari ks had M andal Chhatti sga r~ shall hold office of member of the Council during the pf ea sure of the aforesaid chairman.

( 3) \:ot-with-st:.mdi ng the expiration of the tern1 specified under Sub-section ( I ) the outgoing members shall continue in office till the nomination or election, as the case may be, of his successor.

i ·nw n orn 111:11 cd or cl ec.1ed member of thc C ounci 1 m ~ y at any ti me resign from h1 s office in such rnarnwr as may be prescribed by the regulations.

20 (25) .. ·---~-----~-·

Olsq11~!iflc,ition for

nu,-m benhi p.

Term of office of el ocwd. noml nat.ed n,emlwJ:S of Council and nomin,..._._

Rffi~:>tion by nomi­nated 01· ~IHt~d memb~n.

• !

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:?O (26) 0·tfm1I~ {~, ~ 1 s ;;r:Jqu 2002 - ------·----------- ----- -----~- --~--- ---· -------· ··----

Dis"bililies fo 8 (I) ff any member other d1an ex-officio member of the Council, during the period of his office-•·unli nui ne :1< 1111.111 her

or Council.

Fillin1 of ~asual v11~andes.

President :ind Vict-Prflid o,nt of Couni:if.

Convening of m~eling.

(a) Absents himself from three consecutive met.."l:ings of the Council with out the permission of the Council; or ·

(b) ls absent out oflndia fur a period exceeding twelve consecutive months; or

(c) Becomes subject to any of the disqualifications specified in Section 5: or

(d) Ceases to be registered medical practiti<' .~r under any Act for the time being in force;

the Council shall declare his office vacant :

Provided that no declaration shall be made under this Sub-section unless a reason• able opportunity of being heard is given to the member concerned.

(2) Any member aggrieved by a declaration under Sub-section ( l) 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. •

9. If a nominated or elected member of the Council dies or resigns, or for any other cause whatsoever ceases to be a member, the vacancy shall be filled, as soon as may be, by nomination, or election." as the case may be. and the person so nominated or elected shall hold office for- the un-expi_ red tenn of his predecessor.

I 0. (I) Minister for Public Health, Family Welfare and Medical Education, shall be ex­officio President of the Council.

(2) Director Medical Education shall be ex-officio Vice-President of the Council.

(3) The President and Vice-President shall, subject to che provisions of this Aa, exercise such powers and perfonn such duties as may be prescribed tiy this Act or regulations there under.

CHAPTER- U.I

CONDUCT OF BUSINESS

I!. (l) TI1e President of the Councill shall call and fix the date ofcvery meeting.

( 2) l11e meeting of the C ounci I sha II be either ordinary or specia I.

(3} The notice of every meeting s.pecifying the time and place thcroof and the busi­ness to be transactL'CI thereat. shall be dispatched to every member fi ftetm clcnr­days before an ordinary meeting and seven clear days before a special meeting.

(4) No business od1er than that specified in the notice relating rhe shrill bf transaacrl at a meeting except with the permission of the chair.

i ,, ' \

J

f :-.:::::.-.. ---_--_-_ -___ ===-===========-.:.:============-::..: __ _ 12. 'foe President may, whenever he thinks fit, call a spcci a I meeting and shn ll be bound

tu do so within two weeks of the receipt written requisition, signed by not less than seven membt'ffS of the Council.

l 3. ( l) Any meeting ofthe·council may, with the consent of the majority of the members oft.he Council present, be adjourned from time to time, to a latter hour on the same day or to any other date, but not business other than left over at the adjourned meeting shall be transacted at such.

(2) A notice of adjournment posted in the office of the Council or at the place of meeting on the day on which the meeting is adjourned, shall be deemed sufficient notice of the ne>.1 ensuing meeting.

I 4. The President of the Council sha II preside over the meeting. lf the President of the Council is absent, the meeting of the Council shall be presided over by the Vice­President. If the President and the Vice-President are both absent, the members shall choose one of them to preside over the meeting. ·

15. ( 1 ) The q llorum for a mL>eting sha II be one third of the tot a I number of rnem bers of the Council.

( 2) If at any ti me in the meeting there is no quorum, the presiding authority sh al I adjoum it to such time or date as it thinks fit and announce the same at once, and the business set down for the meeting shall be brought for ward at the subsequent meeting, whether at such meeting there is a quorum or not.

( 3) ~o business other than the business fixed for the meeting shall be transcted at such subsequent meetings.

( 4} A notice of such adjournment posted in the office of the C ound 1 or at the place of meeting on the day on which the meeting is adjourned shall be deemed sufficient notice of the subsequent meeting,

16. Exel-pt as otherwise provided by or under this Act, al! questions brought before any meeting of the C ounci ! shall be decided by a majority of the votes of the members present and in the ca sc qf votes bci ng cqua ! the presiding authority at the meeting sha 11

have a second or casting vote.

17. ( I ) The minutes of the proceedings of each meeting ofthe Council shall be recorded in a book to be kept for the purpose. The names of members of the Council present threat shall be entered in the minute book and it shall be signed in confirmation by the Presiding authority at the same or next ensuing meeting.

{ 2} A copy of the mj mites of the p rocecdings of ca ch meeting of the C ounci I shall be fonvarded to the State Govemment within seven days from the date of its confir­mation.

l S. ~ o a ct of p rncet.-ding of the C ounci I sha I! be inva Ji d rnerel y by rca sons of-

(ti) Any vacancy in, or defect in the constitution there of; or

:!O (:!7)

Powe,., of P1·•-sid~nt to ,~u sp .. d~l mt-etln£.

Adjournment of lnHtint

Presi 1line or rneetine,

Quorum

IJ eci sion or 'I uE ~uons by 1najo 1i1y of voles.

Mlnules or proc.-ding~.

Vacancies ~tc, nut 10

inva!id~u, proc~.,di ngs.

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Proceed I n ~s of m~et/n1 tu b~ good ~nd valid.

Allo~·oncei; or men, bers or Co II ncil.

Po wcr or C ounci I to invite any penon havine 1p~al knoll-!Bde• ot •• Ptri en ce in p~ramedldn&,

Powers ~ n rl f11n cti on.~ ofC01mdt.

.-:::::;================-=-:::.-=--=--=-~~-----.~----------· (b) Any defect in the election or nomination of a person acting as member

thereof; or

(c) Any irregularity in its procedure not affecting the merits of the case .

19. Until the contrary is proved every meeting of the C ounci I shall be deemed to have been duly convened when the minutes have been signed in accordance with the pro­visions of this Act.

20. ( I ) The members of the Counci J sha I! receive such tra vei !ling and other al low ranees as may be prescribed by regulations :

Provided that the members of the Council who are 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 ( I ) .

21. (I) The Council may, if it thinks necessa I)', .invite any person having special know! edge or experience in paramedicine to its meetings, to hear his views on the sub ject. Such person shal! have right to take part in the discussion on th~ subject but shall not have the right to vote in the meeting of the Council.

(2) The invitee shall be entitled to receive suc:h allowances as specified in Section 20.

22. ( l ) The Council may appoint, from time to time and for such period, a com mittee consisting of such members as it may think fit and may refer to such committee for enquiry and report or for opinion any matter for the purposes of this Act.

(2) Every committee appointed under Sub~section (I) shalt at its first meeting select one of its members to be its chaim1an.

( 3) The mode of appointment of such committee, the. sum mooing and holding of meetings and the conduct of business of such committee sha JI be such as may be prescribed by the regulations.

CHAPTER. IV

POWER AND FUNCTIONS OF COUNCil ..

23. ( l) Subject to the provisions of this Act and the rules made there under, the Council shall exercise such powers and perfom1 sl!ch functions as may be necessary for carrying out the purposes of this Act.

(2) ln particular and without prejudice to the generality ofth!? foregoing provision, the powers and fi.mctions of the council shall be· ·

(a) 10 maintain the Starn register of par a medi ca I p ra ctit i one rs :

(b) lo hear and decide :ippeals from the decision of the Registrar i11 such manner

._"',· -. ¥.~ ... ).,- -~- -

'3"nlti'I,; ~. ~ ! 5 ~ 2002 20 (29)

===::=::=======--:::=-=-=-======================-=-=-=--=-=--~-=---~.---·--·=----~_:-_-_------

as may be prescribed by regulations ;

( c) to ptescri be by regu!ati ons a code of ethics for regulating the financi a I con­duct of registered paramedical practitioners ;

(d) to reprimand a registered paramedical practitioner, to suspend or remove the name ftom the State-Register, or to take such other disdplin al)1 action against him, as may, in the opinion of the Council be necessary or expedient;

(e) to pem1it any member to absent himselffron1 three consecutiv~ meetings of the Conucil:

(f) to promote innovations, research and development in establlshment of new paramedical subjects;

(g) to formulate schemes for promoting paramedical education ;

(h) ro promote an effective link between paramedical education and medical edu cation, Ayurvedic, Unani, Homeopathy and Biochemy systems and to promote research and development in these subjects;

(i) To lay down norms and standards for courses, curricula, physical, and instructional facilities, staff pattren, staff' qualifications, quality in st ructions, assessment and examinations;

(j) to fix norms and guidelines for charging tuition fees;

{k) ro advice the State Government in respect of grant of cha ner to any para­medica I institutions and Universities imparting paramedical education;

(m) to inspect or cause or be inspected any paramedical institution ;

(n) to constitute a board for conducting the examination to maintain uniformity of standard ;

(o) ro perform such other functions as may be prescribed by rules;

(pl ro conduct the elections of members under clause (xi} of Sub-section.

(l) of Stction 4 CHAPTER· V

PARA~l\-lEDlCAL INSTITUTIONS A~1> RECOGNITION

24. Where any paramedical institution is established or any pa ramedi ca 1 inst it uti on opens a new or higher course of study except with the previous permission of The Srnte ~ovemmem in accordrince with the provisions of this Act, no paramedical qualifica­t1 on granted to an Y student of such pa rn mcdi cal in stit ut ion shn 11 be a recognized q u;i l1-fi cat1 on for the purpose of this Act.

R tcogniti on nf P~ r~rn~rll c~l

21.1 (JO) ~;~ fl I I ~ {Fij"(f;f, fu;tjq, l 5 ;,r;:rqft 2 00 2

rim£> for seek.in:: pcn11ission ror ce11.ain 25. If any person has established a paramedical institution or any paramedical insritu-e-xlstlng Paranied:k:iol imtltutlons. tion has opened a new or higher course of study or training or increases, the adm1s-

sion capacity, such person or paramedical institution, as the case-may be. shall seek within a period of one_ year from the commencement of this Act, the permission of the State Govemi11ent in accordance with the provisions of-this Act. ':i

Ra:Gl!nilion f3f l':lramt'dial •.I

qualific,.lion grante-d 26. The paramedical qualifications granted by Indian Medical institution, which the In-by University or Para-m~•licol insll1ution in dian in the regarding in the medical Council Act, 1956 (No. I02 of l 956) shall be India,. recognized paramedical qualificatios for the purposes of this Act.

RKognition of Paramedh:iol qualin- 27. (I) The paramedical qualification granted by medical institutions outside India which cation :Hnted by P,u-.. medical fhstitu• are included in the Sch_eduletothe Medical Council Act. )956 (No. 102 of 1956) lions in cou11trles •th shall be recognized paramedical qualifications for the purpose of this Act. which there is a t 1the111e or red pro city. ·J.

(2) 1he State Govemnient aft.er consultation with the Council may by notification in .}

' the Official Gazette amend the Schedu]e by directing that an entry be made d1erein I in respect of any paramedical qualification declaring that it shall be.recognized r:

r paramedical qualification on1y when granted before a specified date: I

I (3) Where the Comcil has refused to recommend any paramedical qualification which

has been proposed for recognition by any Authority referred to in Sub•section (2) and that Authority applies to the State Govemment in this behalf. the State Government aft.er considering such appli_cation and after obtaining from the Coun6 I a report, if any. as to the reasons for ari.y such refusal may by notification in the

1

Official Gazette amend the Schedule so as to include such qualification therein ·;

and the provision of sub-section (2) shall apply to such notification. Recognil.ion of Para-medkal 'lu.alilicition 28. Any Paramedical institution in India which desires a paramedical qualification granted 1n n te1I by te rtai n P:11·::,meclical in§tilu- by it to be included in the Schedule, may apply to the State Govemment with such tio11s whose qualilka- application fees as may be fixed by regulation to have suth qualification recognized I

11on& are not lndudl!d and the State Government after consulting the Council, may by notification in the in the Shedule. official Gazette amend the schedule as to include such qu:Jlifica'tion therein. and any such notification may also direct that an entry shall be made in the last column of Schedule against such paramedical qualification declaring that it shall be a recog-nizcd paramedical qualification only when granted aft.er a specified date.

Po-r to l'l'quin in• fornu:.ti1tn :OS to 29. Every University of paramedical institution in India wh_ich grams a recognized para- ~ . c:011rses nf ,tudy and Hami 11,u:ions. medical qualincation, shall fi.imish such information as the Council may, from tinie

to time require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and exami-nations are required to be undergone and such qualifications conferred and ieneral!y as to the requisites for obtaining such qualification.

luspo:cli on of p.,•:,. 1110:dk:.i I n~tilutiuns. 30. l11e Council shall cause all Paramedical Institutions to be inspected as and when

deemed necessary. \\i1hd 1·:0,,,.,1 o;f rr,·og-

nilion. 31 (I) If it appears to the Council-

r. '

,.,..... -, --···-- --·-- -··· ---·--· -- ·--·-------------·-·-------.,---.,--_.._,. ___________ ------- ___ ,. _________________________ --·-(a) that the courses the study and examination to be undergone in or the profi­

ciency required from candidates at any examination held by any_ University or paramedical institution; or

(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University or paramedical institu tion or in any college or other institutic,n affiliated to that University do not confinn to the standards prescribed by the Council~

11,e Council shall take action for the withdrawal of recognition_

(2) Before •withdrawal of recognition the council shall send a show cause notice to the paramedical institution or University specifying the period within which the reply shall be submitted.·

(3} On rec~ipt of the rep I y or where no reply _is submitted within the period specified in the show cause notice then on the expiry ofth3t period the Council shall take decision in the matter.

32. The Council may prescribe the minimum standards of paramedical education re-­quired for granting recognized paramedical qualifications (other than post graduate para medica I qualification) b_y University _or Paramedi ca I Institutions in India.

CAAPTER· VI

REGISTRAR AND OTHER OFFICERS AND SERVANTS

33 (I) The Council shall, with the prior approval of the State Govemment, appoint a Registrar who shall act as Secretary ofd1e Council.

(2) TI1e Council may, with the prior approval of the State Govemment, employ such other officers and servants as i_t may deem necessaiy for carrying out the provi sions of this Act.

( 3) ·TI,e q uali ti cations, conditions of service and pay scale of Registrar and of other officers and servants shall be such as the Council may determine by regulations, with the prior approval of the State Government.

( 4) The counci I s ha II require and take from the Registrar or from any other officer such security for the due pei:formance of his duties as the Council may deem necessary.

( 5) TI1e Registrar or any other officer or servant appoi ntcd by the C ounci I u11der this Section shall be deemed to be a public servant within the mean ing of Section 21 of the hidim1 Penal C'odf' 1860 (No. 45 of 1860).

. 34. (I' It shall l~ed1c duty ~fthe Registrnrto keep the St~te Register in accordMct· w1rh the pro\'is10ns oftlw; Act and of any order made by the Council. to revise it from ti me to ti me In such_ mmmer as m::ty be p resc.ri bed by rcgulari rn 1 "· w r 11 b!i sh 1t i 11

tl~e gazette, and _to disch~rg~ such other ftmLtio11s M ~re or may be rcqui reel to be d1 sch a rged by h Im tll"lCll;;."r tins Ac.1. and tile R u!ts and Regular ion t ,,-.- ..l •· · •

Minh1t11m stan• dards or P=iramedl• c::d !dur.ation.

Refstrar >1nd other Offic:itrs :1nd S•nrants ofCo,a11dl.

Putie~ of R,.,gistr:11,

I

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Fund of the

cnuncii.

0 hj eds l<> whj ch fund or th~ Council

sh~U be ~ pplil-'<I.

-mfiwl'f° U"1--i:r:f, ~ 15 ~ti 2002 ======---~·· ----:--_:-_, _ __::---_-_----::::::.; ----.---- .. , ______ -, ____ _;_.-- ·- ·--- -.-.-:::_· _-_ .. under

(2) The Registrar shall see that the State Register is as far :is possible correct at al! time and may fom1 time to time enter therein :my material alteration in the address or qualifications of the Registered Parnmedical Practitioners.

( 3) l11e Registrar may remove fom1 the State R cg1 ster the name of the Rt.sgi stcred Paramedical Practitioner who dies or whose name is dirm .. "ted to be removed from the State Register or who ceases to be a Paramedical Practitioner.

( 4) On receipt of intimation from the practitioner the C ounci I if sati stied that the practitioner has not ceased to practice then the C ounci 1 nrn y direct the R egi st ra r to

restore the name of such practitioner in the State register and the Regisrrar shall comply with such direction

CHAPTt:R - VII

FUND OF COUNCIL

35. (1) 1l1e Council shall establish a fund to be called the fund of the Council.

(2) The following shall fom1 a part of, or be p.iid into the fund of the Council·­

(a) Any contribution or grant by Cmtral or State Government;

(b) Income of the Council from all sources including income from foes and fines.

(c) Trust, donations, endowment or other grants. if any.

(d) All other swns received by the Council.

36 11,e fund of the Council shall be applic:ihle to the following obJects. namely:-

(a) to the repayment of debts incurred by the Council forthe purposes of this Act and the Rules and rt.'gulations made there under ;

( b) to the expenses of any sui r or lcga l proceeding 1 n which the Council Is ,1 p:-i n y.

( CJ to the payment of salaries and allowances to tlic officers ;ind servants of the Coimcil;

( d) to the pa ymem of a 11 owa llct\i to the ntfl ce b e:ircrs oft ht, Council:

{c) to the paynwnt of :my expenses incurred by rhe Council in cnrryi11g out the pro\.·is101_is of this Act and 1he Rules and Regulations rn;id .. , !here under.

(f) A.ny other expcmes incuncd for the promotion and d0veloµ111c111 l'fpara­medic:11 tcducmion. rese.:irch :md training, decl:ncd by the Council lo be m the ~c~ncr?l irm nest ofµar ,1111cdi.::3] prnfossio11.

3'7 ( l ) The ,iccotmts of t)w CouJ !d sh2ll be p rcp.:i, ed bt:forc Si ,,_.i, :bre ;md :,! s, ich

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38.

intervals and in such manner as may be prescribed. ( 2) l11e accounts of the Council shall be audited by a registered cha rtercd accountant.

The audit fee of the chartered accountant shall be fixed by the Council from time to time as per their regulations.

(3) As soon as the accounts of the Council are audited the Council shall send a copy thereof, together with a copy of the report of the Di rector Medi ca! EdL1cati on thereon, to the State Govemment in such manner as may be prescribed.

( 1 ) TI,e registrar sha 11 ca use to be prep a red, in such form as may be prescribed, a budget in respect of the financial year next ensuing, ·showing the estimated receipts :md expenditure and shall cause it to be laid before the Council at such time and in such manner as may be prescribed.

(2) Within fifteen days from the date of the meeting in which the budget is passed. it shall be forwarded to the State Government.

(3) If the State Government is of the opinion that the provisions of the budget so forwarded to it are not adequate for carrying out the purposes . of this Act, it s ha 11 return the budget to t11e Council for such modification as may be suggested by the State Government. ~ '

( 4) The Council sh:i II be competent to re-appropriate such amounts as may be neces s;try from one head to another and within such heads or minor heads.

( 5) l11e C ounci I may as and when required, pass a supplementary budget i'n such fom 1

and by such date as may be prescribed and the provisions of Sub-section ( 2 ), ( 3) and {4) shall·applv to such syppl_gi_nentarv budget.

. ) CHAPTER :Jvra .

REGISTRATION AND STATE REGISTER

3 9. ( I ) Every person 'possessing a recognized qua !i fi cation shall be eli gi b!e for en ro! mem on the State Register on furnishing to the Registrar proof of such qualification and on payment of such foe not exceeding five hundred nipees as may be prescribed and different fee may be prescribed for different qualifications.

( 2) 111e C ounc1 l sha I! ca use to be maintained a State Register of Pa ramcdi caj Pm c­titioners in such fom1 as may be prescribed by regulation.

(J) lt shall be the duty of the Registrar to keep and maintain the Stmc Register in .1 ccordance with tli e p rovi si ons of this Act and of any order mn de by the C ow1 ci l and from time to time revise the Register and publish it in the Gazette an_d in such other mnnner as may be prescribed.

{ 4 ) TI1e Rcgi s1 er sha 11 be deemed to be a pub 1 i c docume1 lI within the I nem ii ng of the Indian Evidence .A.ct, 1872 {No. I of 1872). ·

40. 11-ic Council may upon reference rrom the Registrar or othcrw1s1:, by order. prohibit

2/l(JJ)

Re::istration ~1111 Stute Re:ister.

Po"tr ;f w~ndl r; ~t~llihi! 111 r~ in or 10 ~,~ er ren,oul "1>111 !Im R~utt name an6 Jft.' ftt ~l'f!O~.

20 (J~}

Al!.eration of St.au,

Re~ister.

Prot·{l-dure in I nq ui ri.es.

App~al against ur~ec

of Coundl.

f'rnhi hi (j(J n u11 JJ 1·;1t·­

ti Ct" P:l:11,,"ii·pt .:t'.'!i p l'(J­

~idt•d in this An.

-------------- --- ------"-·

the entry m, or order the removal from. rhe Stale Rcg1ste1:, the narne oLrnv pt:rson-(a) who has been sentenced by a criminal cou1110 impnsonmenr for an offence

indicating in the opimon of the council such a defect in character as would n.,1der the enrolment or co11tinuance of his name in tlie State Register Lmdesir­able; or

(b) whom the council after enquiry h,1s found guilty of infamous conduct m any professional respect by a maJority oft1vo third of members of the Council present and voting at the meeting;

Provide that on order shall be passed tmder this section without giving a reason able opportunity of being heard to the perso11 concerned.

4 I. ( l) The Council may, after givmg the person concerned a re:isonable opportunity of being heard and enquiring into his 061ections, if any, order that :iny entry in the State Register which in the opinion of the Council has been fraudulently of incor rectly made or brought :ibout be cancelled or amended

(2) TI1e Council may direct the removal for ever or fo, a specified period from the State Register, the name of any registered Paramedical Practitioner for the same reason for which registration may be prohibited by the Council under Section 40

( 1 ) The (' ounc1 ! may direct that the name removed under sub-section ( 2) shal I be re stored subject t9 such conditions, 1f any, 1,>,,foch the Council may deem nt tu im­pose

42. For the purposes of any inquiry under the prov1s1uns oftliis A<.1, the cou11cil or com­mittee appoi ntcd under Sub-section ( 1 ) of Section 2 2 sha 11 · be deemed to be a cou n withm the meaning.of the Indian Evidence Act, l 872 (No. I of 1872) and the Code of Ci vi I Procedure J 908 ( !\i o _ 5 of 1908) and s ha 11 exerci sc :i 11 µowe rs of a cormni ss I or 1er appointed under the Public Servants (Inquiries) Ace 1850 (No. 37 of 18.50).

43 Any Person -

(I) \\-11ose npplication for enrolment m the St:ire Rcg1 stcr Is reJected under Section JO

or4Lor

(2) Whose entry in the Stme Register is µroh1bired under Section 40: or

( 3) Whose name, fro111 the State Register 15 removed. may. w1thm n111ety days of order ofreJection, prohibit1011 or removal. as the case rnav be ;iµµe;il to the Stare Gov­

crmnent and the dcc1s1on of the State Government thereon shall be finnl

4,J. ( l) Save :is provided i 11 this Act, no µerson sh:i 11 practice or hol<l h1 rnsdf out. whether·

direc.11v or mdi rec.1ly as prac.1icing habitu;illy for pc1 son,1 I g:iin as a pa ramed1c;il practitioner within the Sune.

I 1) :\:1y person who cont r;iwnes the prov1 sio11s of S L:b- ~ect:0;1 ( 1 ) sldl be p LiTI: sila bk with ;r11µnso111ncnt winch ii;,,y extend 10 six nwnt!:s or wl!i1 fine which m~y e.;tl'1:d

to five thousand rupees er 1Yl!h both

~~==~=--=--=============~ .. ::.::.~.·-~-===·--_-_ ~--CHAPTER- IX

RULES AND REGULATION'S

45. ( I )The State Govemment may make rules to carry out the purposes of this Act.

(2) All niles made tinder this Act sha!! be laid on the table of the Vidhan Sabha.

4 6. 1 ! ) The C ounci 1 may with the previous sanction of the State Government and subject to rules made under Section 45 make regulations to carry out the purposes of this Act, and without prejudice to the genera !ity of foregoing power, such regulations may provide for :-

(a) the management of the property of the Council and the maintenance and Audit of its account;

(b) the manner of election oftive members from the paramedical practitioners under clause (xi) of Sub-section (1 ) of Section 4;

(c) the resignation by nominated or elected members of the Council;

(d) the power and duties of the President and Vice-President;

( e) the mode of appointment of committees, the summoning and holding of meet 111gs and the conduct of business of such committees;

(t) the travelling and other allowances payabie to the members ofthe Council under Sub-section (I) of Section 20;

(g) (i) the manner to hear and decide appeals fi"om the decision of the Registrar under da use ( b) of Suh-section ( 2) of Section 2 3;

(ii) the code of ethics for regulating the profession al conduct under cl a use ( c) of Sub-section (2) of Section 23.

(h) The qua I ifications, the conditions of service and pay scale of the Registrar and other officers and servants under Sub-SL'Cl:ion (3) of Section 33;

( i) the n 1anner of revision of State Regi stcr under Sub-section ( 1 } of Section 3 4:

(j) The form of State Register under sub-section ( 1) of Section 39:

(k) any other matter for which under this Act provision may be made b:-,, regtila lion.

( 2) The S mt e G ovemmcm, on rccei ving regu lati om for sanction may sa ncri 011 them subject to such modifications as it may think fit or return tht::m to the Council for rcco11sidern1io11.

( J) All regu!m ior,s sirnil he ptib!ished in the gazl-'tte.

20 (3~)

Pow~r to mak~ rul ~s-

Pow~ r to make r•gula Ii ons.

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h1fu.-n,ation to b .. fur,

ni,.hotd by council.

Pow.-r to Sch,.lull'.

C-01111-oJ hym,to­Governn1ehl.

(4) 1l1e State Govemment may, b..Y notification, cancel any regulation C(~APTER - X -

MISCEtl,AN}:ous

41. Any person who -

(a) dishonestly makes use of any certificate of registration granted under this Act; or

(b)procures or attempts to procure registration under the provisions of_this Act by making or producing, or causing to be made or produced any false or fraudulent declaration, certificate or representation whLther in writing or otherwise;or

(c) willfully makes or causes to be made any false representation in any matter relat ing to certificate of registration issued under the provisions of this Act

Shall on conviction, be punishable with imprisonment which may e\.1:end to SP.:

months or with fine which may extend to twenty thousand rupees or with both_

48. TI1e Council shall furnish such reports copies of its minutes, abstracts of its accounts and other information to the State Government as the State Govemment may require.

49. TI1e State Government may by notification, amend the Schedule so as to mclude there in any subject not already specified therein or omit therefrom any subJect or modify the description of any subject_

50_ (l)No court shall cake cognizance of an offence punishable underthis Act, except upon complaint in writing made by the Registrar or any other officer authorized by the Council in this behalf by general or special order.

(2) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act

51. If at any time it appears to the State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act. or has failoo to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure excess or abuse to be of a seriot1s character, notify the particulars thereof to the Council, requiring it to re111•

edy such failure, excess or abuse within such pe1iod as ,may be specified in the notice the State Government may dissolve the Council and cause all or any of the powers and the duties of the Council to be exercised and performed by such person and for such period not exceeding two years as it may think fit and shall take steps to bring tnto existence a new Council.

2U (37)

SCHEDULE

l See Section 2 (c) I

l Phys1othcrapy·/Occuµat1onal therapy Course

2_ Speech therapy Course

·~· 3. Audiologist

4_ Laboratory Technician (Various types)

5. X•Ray Technician/Radiographer

6 BC G Technician

7. f'\•to Techmcians

8 Ortho Technicians

9. Mould Room Techrncian

10. Gamma Camera Technician

11. Orthotic Techmcian

~· l 2 Optometri ~t

__ .)

13 Optometrist and Contact Lens Technician

14 E C G Tech111ci.1n

l c; Lltrnsou11d Tcchrn cian

.l,- 16 J,11g1ograpltv Technician 1 I

.I

l 7 Operation TI1em~r Technician

l 8 l)egrcc_ ci i pi,~ 1 n :1 and certificate in !-'n11t1 ,\11 11 i:tri ti o!l

\ l). Di aiysis Technici rm

20. lnsL!lation ther;.py Technician

21 Hc.'.llth lnspccwr· Course

22. I k1sµit:il \ic:(h;il record St:icnce

-~--~~, --~I. '

I ! I , I

I I, ?• ! !. ) · \

20 (JS)

- •--- -- - -----•-------•----•-----• •----• ----- ---•-- -- --~•••------•-•-•--• --• -••T•--• ••- •• ~

23. Compounder (Allopathy, Ayl!rvcda, Unani, Homeopathy)

24. Compounder in Biochemy

25. Diploma in Clinical Biochemistry

26 Microbiology

2 7. Pathology

28. Optometry refraction.

2Q Paran1edical Ophthalmic Assistant

30. Perfusionist/Cardiac Surgery Technician

3 l. Cath lab. Technician.

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