THE NATIONAL COMMISSION FOR HUMAN RESOURCES FOR HEALTH BILL, 2011 ———— ARRANGEMENT OF CLAUSES ———— CHAPTER I PRELIMINARY CLAUSES 1. Short title, extent and commencement. 2. Definitions. CHAPTER II NATIONAL COMMISSION FOR HUMAN RESOURCES FOR HEALTH 3. Establishment of Commission. 4. Qualification for appointment of Chairperson and Members of the Commission. 5. Selection Committee. 6. Tenure and terms and conditions of service of Chairperson and Members. 7. Declaration of interest. 8. Restrictions on re-employment. 9. General superintendence, direction and management of affairs. 10. Member to act as Chairperson, or to discharge his functions, in certain circumstances. 11. Resignation. 12. Removal and suspension of Chairperson or Member from office in certain circumstances. 13. Meetings of Commission. 14. Vacancies, etc., not to invalidate proceedings of Commission. 15. Chief Executive Officer and other officers and employees of Commission. 16. Powers and functions of Commission. 17. Establishment of institution for imparting health education or new course of study. 18. Recognition of qualifications granted by health educational institutions in India. 19. Non-recognition of qualifications in certain cases. 20. Entry and operation of foreign health educational institutions. 21. Withdrawal of recognition. 22. Fees. CHAPTER III NATIONAL BOARD FOR HEALTH EDUCATION 23. National Board for Health Education. 24. Composition of Board. 25. Selection Committee for selection of President and members of Board and committee. 26. Transitory provision relating to Board. 27. Appointment and terms and conditions of office of President and members of Board. Bill No. LIX of 2011 TO BE INTRODUCED IN RAJYA SABHA
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THE NATIONAL COMMISSION FOR HUMAN RESOURCESFOR HEALTH BILL, 2011
————
ARRANGEMENT OF CLAUSES
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CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
NATIONAL COMMISSION FOR HUMAN RESOURCES FOR HEALTH
3. Establishment of Commission.
4. Qualification for appointment of Chairperson and Members of the Commission.
5. Selection Committee.
6. Tenure and terms and conditions of service of Chairperson and Members.
7. Declaration of interest.
8. Restrictions on re-employment.
9. General superintendence, direction and management of affairs.
10. Member to act as Chairperson, or to discharge his functions, in certaincircumstances.
11. Resignation.
12. Removal and suspension of Chairperson or Member from office in certaincircumstances.
13. Meetings of Commission.
14. Vacancies, etc., not to invalidate proceedings of Commission.
15. Chief Executive Officer and other officers and employees of Commission.
16. Powers and functions of Commission.
17. Establishment of institution for imparting health education or new course of study.
18. Recognition of qualifications granted by health educational institutions in India.
19. Non-recognition of qualifications in certain cases.
20. Entry and operation of foreign health educational institutions.
21. Withdrawal of recognition.
22. Fees.
CHAPTER III
NATIONAL BOARD FOR HEALTH EDUCATION
23. National Board for Health Education.
24. Composition of Board.
25. Selection Committee for selection of President and members of Board and committee.
26. Transitory provision relating to Board.
27. Appointment and terms and conditions of office of President and members ofBoard.
Bill No. LIX of 2011
TO BE INTRODUCED IN RAJYA SABHA
28. Executive Director and other officers and employees of Board.
29. Meetings of Board.
30. Functions of Board.
31. Power to conduct certain examination.
32. Power to require information as to courses of study and examinations.
33. Screening test.
CHAPTER IV
NATIONAL EVALUATION AND ASSESSMENT COMMITTEE
34. National Evaluation and Assessment Committee.
35. Composition of Committee.
36. Terms and conditions of office of President and members of Committee.
37. Functions of Committee.
38. Power of audit and inspection of evaluation and assessment agency.
39. Executive Director and other officers and employees of Committee.
40. Meetings of Committee.
CHAPTER V
NATIONAL COUNCILS AND STATE COUNCILS
41. Constitution of corresponding National Councils.
42. Existing Councils to vest in Commission.
43. President, Vice-President and other members of Council to vacate their offices.
44. Corresponding new National Councils to be guided by the directions of CentralGovernment.
45. References to existing Councils on and from commencement of this Act.
46. Composition of National Councils.
47. Elections to National Councils and its term.
48. President and Vice-President of National Council.
49. Settlement of disputes regarding election.
50. Meetings of National Council.
51. Functions of National Council.
52. Registrar and other officers and employees of National Council.
53. Constitution of State Councils.
54. President and Vice-President of State Council.
55. Meetings of State Council.
56. Registrar and other officers and employees of State Council.
57. Enrolment of persons.
58. Registers.
59. Duty to serve in India.
60. Prohibition to practice, etc., without enrolment.
61. Privileges of persons enrolled on National Register or State Registers.
62. Persons enrolled to notify change of place of residence or practice.
63. Supply of copies of State Register.
CLAUSES
(ii)
64. Liability of persons enrolled with respective National Councils.
65. Provisional registration of persons possessing required qualification from anyinstitution outside India.
66. Entry of additional qualifications.
67. Code of ethics.
68. Professional misconduct.
69. Power of National Council and State Councils to institute inquiry and to imposepenalties.
70. Appeals against decision under section 69.
71. Removal of names from National Register or State Register and restoration thereof.
72. Grievance Redressal Mechanism.
73. Power of National Council to make regulations.
74. Power of State Council to make regulations.
CHAPTER VI
AUDIT AND ACCOUNTS
75. Grants by Central Government.
76. Constitution of Fund of Commission.
77. Accounts and audit.
78. Furnishing of returns and reports to the Central Government.
CHAPTER VII
OFFENCES AND PENALTIES
79. Punishment for establishing institution, etc., without permission.
80. Penalty for contravention of section 57.
81. Penalty for contravention of section 33.
82. Punishment for furnishing information contrary to which published by institutions.
83. Offences by companies.
84. Offences by societies or trusts.
85. Cognizance of offences.
CHAPTER VIII
MISCELLANEOUS
86. Power of Central Government to supersede Commission, Board, Committee orNational Council.
87. Power of State Government to supersede State Council.
88. Declaration of interest.
89. Restrictions on re-employment.
90. Member to act as President, or to discharge his functions, in certain circumstances.
91. Restriction on holding office for more than two terms.
92. Resignation of President, Vice-President or a member of Board, Committee, NationalCouncil or State Council.
93. Suspension and removal of President, Vice-President or a member of Board,Committee, National Council or State Council.
94. Vacancies, etc., not to invalidate proceedings of Board, Committee, National Councilor State Council.
CLAUSES
(iii)
95. Power to appoint committees or experts.
96. Reporting by universities and institutions.
97. State or regional administrative offices.
98. Reference of dispute to Central Government.
99. Appeal against decisions of Commission.
100. Bar of Jurisdiction.
101. Protection of action taken in good faith.
102. Members, etc., to be public servants.
103. Powers of Commission, Board, Committee or National Council to call for informationor conduct investigations, etc.
104. Completion of courses of studies in health educational institutions.
105. Power of Central Government to issue directions.
106. Power of State Government to issue directions.
107. Commission, Board, Committee and National Council to furnish information toCentral Government.
108. Power to amend Schedules.
109. Review.
110. Act to have overriding effect.
111. Power of Central Government to make rules.
112. Power of Commission to make regulations.
113. Power of State Government to make rules.
114. Laying of rules and regulations.
115. Powers of Central Government to direct regulations to be made or to make or amendregulations.
116. Power to remove difficulties.
117. Repeal and savings.
118. Provisions in respect of officers and other employees of existing Council and NationalBoard of Examinations.
119. Transitory provisions.
120. Resolution of difference of openion by Joint Mechanism.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
THE SIXTH SCHEDULE.
THE SEVENTH SCHEDULE.
CLAUSES
(iv)
1
THE NATIONAL COMMISSION FOR HUMAN RESOURCES FORHEALTH BILL, 2011
A
BILL
to consolidate the law in certain disciplines of health sector and promote humanresources in health sector and provide for mechanism for the determination,maintenance, coordination and regulation of standards of health educationthroughout the country to ensure adequate availability of human resources inall States and for the said purpose to establish the National Commission forHuman Resources for Health and to supervise and regulate professional Councilsin various disciplines of health sector and for matters connected therewith orincidental thereto.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Commission for Human Resources for HealthAct, 2011.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act andany reference in any provision to the commencement of this Act shall be construed as areference to the coming into force of that provision.
Short title,extent andcommencement.
Bill No. LIX of 2011
AS INTRODUCED IN RAJYA SABHA
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2. In this Act, unless the context otherwise requires,—
(a) “appropriate statutory regulatory body” means the University GrantsCommission established under the University Grants Commission Act, 1956, the AllIndia Council for Technical Education established under the All India Council forTechnical Education Act, 1987, the National Council for Teacher Education establishedunder the National Council for Teacher Education Act, 1993 or any other correspondingstatutory regulatory body by whatever name called regulating the higher educationunder any law for the time being in force;
(b) “approved course” means a course recognised and approved by the NationalBoard for Health Education under this Act;
(c) “approved institution” means a medical college, hospital, health centre orsuch other institution recognised by a university as an institution in which a personmay undergo the training, if any, required by his course of study for the award of anyrecognised qualification to him;
(d) “Board” means the National Board for Health Education constituted undersection 23;
(e) “Chairperson” means the Chairperson of the Commission, appointed undersection 3;
(f) “code of ethics” includes integrity, objectivity, professional competence,professional conduct, avoidance of conflict of interest, transparency and informationdisclosure and such other ethical principles as may be specified by the regulationsmade by the National Council;
(g) “Commission” means the National Commission for Human Resources forHealth established under section 3;
(h) “Committee” means the National Evaluation and Assessment Committeeconstituted under section 34;
(i) “corresponding new National Council” in relation to an existing Councilmeans the body corporate specified against such Council in column (2) of the FirstSchedule;
(j) “diploma” means such award, not being a degree, granted by a healtheducational institution certifying that the recipient has successfully completed a courseof study of not less than nine months duration;
(k) “discipline of health” includes medicine, dental, nursing, pharmacy,paramedical or any other discipline as the Central Government may notify in thisbehalf;
(l) “distance education” means the distance education system as defined inclause (e) of section 2 of the Indira Gandhi National Open University Act, 1985;
(m) “evaluation and assessment” with its grammatical variations means theprocess of quality control and assurance in health education, whereby, as a result ofinspection or assessment, or both of the health educational institution and the hospitalaffiliated thereto or any programme conducted in such institution is recognised asconforming parameters of academic quality and benchmarking of such academic qualitydetermined by the appropriate statutory regulatory authority;
(n) “evaluation and assessment agency” means an agency recommended by theCommission under section 37;
(o) “existing Council” means the councils specified in column (1) of the FirstSchedule;
(p) “foreign health educational institution” means an institution imparting healtheducation situated outside India;
(q) “foreign qualifications” means the recognised qualification obtained fromany university or institution situated outside India;
Definitions.
50 of 1985.
3 of 1956.
52 of 1987.
73 of 1993.
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(r) “health educational institution” or “health institution” means an institutionof learning including a university, an institution deemed to be university, a college, aninstitute, an institution of national importance declared as such by an Act of Parliament,or a constituent unit of such institution, which is imparting education in the disciplineof health (whether through conduct of regular classes or distance education system)beyond twelve years of schooling leading to the award of a degree or diploma;
(s) “health professional” means any person possessing the recognisedqualification who is eligible to be enrolled in the National Register or the State Registerin any of the discipline of health and the expression “health practitioner” shall beconstrued accordingly;
(t) “medical practitioner” or “medical professional” means a person who holds aqualification granted by an authority notified under section 3 of the Indian MedicalDegrees Act, 1916 or recognised qualification under this Act and has enrolled himselfas a medical practitioner under this Act;
(u) “medicine” means modern scientific medicine in all its branches and includessurgery and obstetrics, but does not include veterinary medicine and surgery;
(v) “Member” means a Member of the Commission and includes Chairperson;
(w) “National Council” means the Medical Council of India or the Dental Councilof India or the Nursing Council of India or the Pharmacy Council of India constitutedunder sub-section (1), or the Paramedical Council of India, as the case may be,constituted under sub-section (2), of section 41;
(x) “National Register” means the National Register maintained under section 58and shall include—
(i) the Indian Dentistry Register maintained by the Dental Council of India;
(ii) the Indian Medical Register maintained by the Medical Council ofIndia;
(iii) the Indian Nursing Register maintained by the Nursing Council ofIndia;
(iv) the Indian Pharmacy Register maintained by the Pharmacy Council ofIndia;
(v) the Register of Paramedics maintained by the Paramedical Council ofIndia;
(y) “notification” means a notification published in the Official Gazette and theexpression “notify” shall be construed accordingly;
(z) “overseas Citizen of India” means such person registered as an overseascitizen of India under section 7A of the Indian Citizenship Act, 1955;
(za) “prescribed” means prescribed by rules made by the Central Governmentunder this Act;
(zb) “programme” means a course or programme of study leading to the award ofa degree or diploma in a health educational institution;
(zc) “recognised qualification”,—
(a) in relation to medicine, means the qualification included in the SecondSchedule;
(b) in relation to dentistry, means the qualification included in the ThirdSchedule;
(c) in relation to nursing, means the qualification included in the FourthSchedule;
(d) in relation to pharmacy, means the qualification included in the FifthSchedule; and
(e) in relation to paramedics, means the qualification included in the SixthSchedule;
7 of 1916.
57 of 1955.
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(zd) “regulations” means regulations made under this Act;
(ze) “Schedule” means a Schedule appended to this Act;
(zf) “screening test” means a mandatory qualifying examination for the purposeof recognition of foreign qualifications under section 33;
(zg) “State Council” means the State Council constituted under section 53 orunder any other law for the time being force;
(zh) “State register” means the State register maintained under this Act or anyother law for the time being in force in any State regulating the registration of practitionersin the discipline of health;
(zi) “trained specialist” means a medical professional possessing a masters degreeand clinical training in the specific area;
(zj) “university” means any university recognised as such by the UniversityGrants Commission or any university or institute established by law for the time beingin force imparting education in the discipline of health for the award of degree ordiploma as a recognised qualification.
CHAPTER II
NATIONAL COMMISSION FOR HUMAN RESOURCES FOR HEALTH
3. (1) The Central Government shall, by notification, establish a body to be called theNational Commission for Human Resources for Health to exercise the powers conferredon, and to perform the functions assigned to, it under this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetualsuccession and a common seal, with power, subject to the provisions of this Act, to acquire,hold and dispose of property, both movable and immovable, and to contract, and shall, bythe said name, sue or be sued.
(3) The Commission shall consist of—
(a) a Chairperson;
(b) four whole-time members; and
(c) eight part-time members.
to be appointed, by the Central Government, on the recommendations of the SelectionCommittee constituted under section 5.
(4) The president of the National Board for Health Education referred to in sub-section(1) of section 24, the president of the National Evaluation and Assessment Committeereferred to in sub-section (1) of section 35, the president of the each National Councilreferred to in sub-sections (1) and (2) of section 41 and the Chairperson or a Member of theNational Commission for Higher Education and Research referred to in section 5 of theNational Commission for Higher Education and Research Act, 2011—Members, ex officio.
(5) All the Members including ex officio Members hall have voting rights.
4. (1) The Chairperson shall be a person of eminence, integrity, administrative capabilityand outstanding ability with a post graduate degree in the discipline of medical science froma university, and having not less than twenty-five years experience in the profession, out ofwhich at least fifteen years shall be in a leadership role, in the area of health care delivery,growth and development of modern medicine or medical education.
(2) The other Members shall be persons of eminence, integrity, administrative capabilityand outstanding ability with a post graduate degree in the discipline of medical education,dental education, nursing education, pharmacy education, public health, management, scienceand technology, or law from a university, and having not less than twenty years experiencein the profession, out of which at least fifteen years shall be in a leadership role, in the areaof health care delivery, growth and development of modern medicine or medical education:
Provided that out of twelve Members,—
(a) four whole-time Members shall be appointed by the Central Governmentfrom the disciplines of medicine, dentistry, nursing, pharmacy, paramedics; and
Establishmentof Commis-sion.
QualificationforappointmentofChairpersonand Membersof theCommission.
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(b) eight part-time Members shall be appointed from the disciplines of medicine,dentistry, nursing, pharmacy, paramedics, management, science and technology andlaw.
(3) No person, who is not a citizen of India, shall be eligible to be appointed as theChairperson or a Member.
5. (1) The Central Government shall constitute a Selection Committee consisting of,—
(a) a person of eminence having qualification and experience of at least twenty-five years in medical profession as Chairperson;
(b) five other experts of eminence from the discipline of medical and allied healthsciences, management, science and technology having qualification and experience ofat least twenty years in the discipline, as members,
to be appointed in such manner as may be prescribed.
(2) The Secretary to the Government of India in charge of the Union Ministry of Health(Department of Health and Family Welfare) shall be the Convenor.
(3) The term of the Selection Committee shall be such as may be prescribed.
(4) The Selection Committee shall finalise the selection of the Chairperson and Membersof the Commission within two months from the date on which the reference is made to it bythe Central Government in this behalf.
(5) The Selection Committee shall recommend a panel of two names for every vacancyreferred to it.
(6) Before recommending any person for appointment as a Chairperson or a Member ofthe Commission, the Selection Committee shall satisfy itself that such person does not haveany financial or other conflict of interest, which is likely to affect prejudicially his functionsas Chairperson or Member, as the case may be.
(7) No appointment of the Chairperson or Member of the Commission shall be invalidmerely by reason of any vacancy in the Selection Committee.
(8) Subject to the provisions of sub-sections (1) to (7), the Selection Committee mayregulate its own procedure.
(9) The Central Government shall initiate the process of appointment in respect of anyvacancy due to arise in the office of the Chairperson or of other Members of the Commission,six months prior to the date of arising of such vacancy:
Provided that in case a vacancy arises in the Selection Committee for the reason ofdeath or removal, or resignation from office, such vacancy shall be filled expeditiously,within six months from the date on which the vacancy has arisen.
6. (1) A person appointed as the Chairperson or a Member of the Commission shallhold office for a term of four years from the date on which he enters upon his office and beeligible for reappointment for another term:
Provided that a person shall not hold office as a Chairperson or Member after he hasattained the age of seventy years.
(2) Notwithstanding anything in sub-section (1), the Chairperson and other Membersshall hold office during the pleasure of the Central Government.
(3) The salary and allowances payable to and other terms and conditions of service ofthe Chairperson and other Members shall be such as may be prescribed.
7. The Chairperson and other Members, shall immediately after entering office andevery year thereafter, make a declaration to the extent of their interest, whether direct orindirect and whether financial or otherwise, in any health institution or any other institution
SelectionCommittee.
Tenure andterms andconditions ofservice ofChairpersonand Members.
Declarationof interest.
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which comes under the purview of the Commission and the same shall be displayed on thewebsite of the Commission.
8. (1) The Chairperson and other Members, on ceasing to hold office shall not, for aperiod of two years, accept any employment (including as consultant or expert or otherwise)in any health educational institution whose matter has been dealt with by such Chairpersonor Member, as the case may be, or has been before the Commission when he held office assuch Chairperson or Member.
(2) Nothing in sub-section (1) shall prevent the Chairperson or a Member, as the casemay be, to accept any employment in any health educational institution controlled ormaintained by the Central Government or the State Government.
9. Subject to the other provisions of this Act, the general superintendence, directionand control of the administration shall vest in the Chairperson.
10. (1) In the event of the occurrence of any vacancy in the office of the Chairpersonby reason of death, removal, suspension or resignation, the seniormost whole-time Membershall act as the Chairperson till such time the Chairperson is appointed, to fill the vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence onaccount of leave or otherwise, the seniormost whole-time Member shall discharge thefunctions of the Chairperson till the Chairperson is able to discharge his functions.
11. The Chairperson or a Member may, by notice given in writing under his hand ofnot less than a period of thirty days, addressed to the Central Government, resign from hisoffice:
Provided that the Chairperson or the Member shall, unless permitted by the CentralGovernment to relinquish office sooner, continue to hold office until the expiry of a period ofthirty days from the date of receipt of such notice or until a person duly appointed as hissuccessor enters upon office or until the expiry of his term of office, whichever is earliest.
12. (1) The Central Government may, by order, remove from office the Chairperson orany Member, who—
(a) has been adjudged an insolvent; or
(b) being a whole-time Member, has engaged at any time, during his term ofoffice, in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the CentralGovernment, involves moral turpitude; or
(d) has become physically or mentally incapable of acting as such Chairpersonor other Member; or
(e) is of unsound mind and stands so declared by a competent court; or
(f) has been removed or dismissed from the service or office of the CentralGovernment or of a State Government or from a body owned or controlled by theCentral Government or a State Government or from any Central or State statutorybody; or
(g) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as Chairperson or other Member, as the case may be; or
(h) has so abused his position as to render his continuance in office prejudicialto public interest; or
(i) has been guilty of proved misconduct; or
Restrictionson re-employment.
Generalsuperintendence,direction andmanagementof affairs.
Member toact asChairperson,or todischarge hisfunctions, incertaincircumstances.
Resignation.
Removal andsuspension ofChairpersonor Memberfrom office incertaincircumstances.
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(j) has been guilty of proved conflict of interest in the discharge of his functions.
(2) The Chairperson or any Member shall not be removed from his office under clause(g) or clause (h) of sub-section (1), unless he has been given a reasonable opportunity ofbeing heard in the matter:
Provided that the Central Government may, if it considers necessary in the public interest,suspend such Chairperson or other Member.
13. (1) The Commission shall meet at least twice every month at such time and place asit may appoint.
(2) The Chairperson shall preside over the meetings of the Commission.
(3) The decisions of the Commission shall be by consensus, failing which by a majorityof votes of Members present and voting and in the event of equality of votes, the Chairpersonor in his absence, the Member presiding shall have a second or casting vote.
(4) The quorum of a meeting of the Commission shall be seven members.
(5) Subject to the provisions of this section, the Commission may make regulations forthe conduct of business at its meetings.
14. No act or proceeding of the Commission shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person as a Member of the Commission;or
(c) any irregularity in the procedure of the Commission not affecting the meritsof the case.
15. (1) There shall be a Chief Executive Officer of the Commission, not below therank of Additional Secretary to the Government of India, who shall be the Member-Secretaryof the Commission, to be appointed by the Central Government for a fixed term of four yearswho shall not be eligible for reappointment.
(2) The Chief Executive Officer shall discharge such functions as may be specified byregulations made by the Commission or may be assigned to him by the Commission from timeto time.
(3) The Chief Executive Officer shall report to the Commission, through the Chairperson,on actions taken by him in performance of his duties.
(4) The Commission may, with the prior approval of the Central Government, appointsuch officers and other employees as it considers necessary for the efficient discharge of itsfunctions under this Act.
(5) The salaries and allowances and other terms and conditions of service of the ChiefExecutive Officer and other officers and employees of the Commission shall be such as maybe prescribed.
16. (1) The Commission shall, subject to the provisions of this Act, take measures todetermine, maintain and coordinate the minimum standards of and promote the humanresources, in discipline of health education and training commensurate with the requirement,of such resources in different States and Union territories.
(2) Without prejudice to the generality of the foregoing provisions, the measuresreferred to in sub-section (1) may provide for all or any of the following matters, namely:—
(a) carry out studies and collect data required to assess the needs andrequirements of human resources for health in different States and Union territories;
(b) assess the requirement (including the number, type and geographical location)of health training facilities for education and training in medical and allied discipline;
Meetings ofCommission.
Vacancies,etc., not toinvalidateproceedingsofCommission.
ChiefExecutiveOfficer andother officersand employ-ees ofCommission.
Powers andfunctions ofCommission.
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(c) formulate action plans for development of human resources for health inaccordance with the policy and priorities laid down by the Central Government fromtime to time;
(d) formulate a plan for financial and other resources required for creation ofhuman resources;
(e) make recommendations on the measures to strengthen the healthcare delivery,operational efficiency and healthcare infrastructure;
(f) coordinate existing healthcare infrastructure in Central and State Governmentfor effective utilisation thereof;
(g) facilitate coordination among bodies or National Councils constituted underthis Act, conduct or cause to conduct their social audit and obtain public feedback ontheir performance and achievements;
(h) grant permission for establishing of health educational institution, ensurecompliance of its terms and conditions, or withdraw such permission;
(i) regulate, in accordance with the law, for the time being in force, the entry andoperation of foreign health educational institutions if permitted under the law for thetime being in force in consultation with the Board or such other authority as may bespecified by the Central Government;
(j) conduct the elections to the National Councils established under this Act;
(k) promote and regulate inter-professional cooperation amongst healthprofessions;
(l) specify by regulations the continuous medical education and the courses,workshops and training activities;
(m) provide such grants and moneys to the Board, Committee and NationalCouncil as they may require for efficient discharge of their powers and functions underthis Act;
(n) transfer such assets, properties or liabilities to the Board, Committee orNational Council, as the case may be, as it may consider necessary;
(o) provide such officers and other employees to the Board, Committee or NationalCouncil, as the case may be, required for efficient discharge of their powers andfunctions under this Act;
(p) perform such other functions as may be prescribed.
(3) The Commission shall exercise the powers and discharge the functions under thissection in such manner which does not interfere with the autonomous and self-regulatorynature of universities or institutions.
17. (1) Notwithstanding anything contained in this Act or any other law for the timebeing in force,—
(a) no person shall, without obtaining letter of permission from the Commission,establish an institution for a course of study or training in the discipline of health(including a postgraduate or doctoral or post doctoral or super speciality course ofstudy or training), for grant of recognised qualification; and
(b) no institution, which has been granted permission under sub-section (1),shall increase its admission capacity in any course of study or training (including apost graduate or doctoral or post doctoral or super speciality course of study or
Establishmentof institutionfor impartinghealtheducation ornew course ofstudy.
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training), without obtaining the letter of permission from the Commission:
Provided that any person who has been granted permission for establishment of thehealth educational institution or an institution which has been granted permission to increaseof its admission capacity in course of study or training under the provisions of the IndianNursing Council Act, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and the IndianMedical Council Act, 1956 and the rules and regulations made thereunder, or any other lawfor the time being in force, shall be deemed to be the health educational institution establishedunder the provisions of this Act or deemed to have validly increased their admission capacityand the qualifications granted by such institutions shall be the recognised qualification forthe purposes of this Act.
(2) Every person shall, for the purpose of obtaining permission under sub-section (1),submit to the Commission a scheme in accordance with the provisions of sub-section (3) andthe Commission shall refer the scheme to the National Evaluation and Assessment Committeefor its recommendations.
(3) The scheme referred to in subsection (2) shall be in such form and contain suchparticulars and be preferred in such manner and accompanied with such fees as may bespecified by regulations made by the Commission.
(4) On receipt of the scheme under sub-section (2), the Committee may obtain suchother particulars from the applicant as it may consider necessary and thereafter, Committeemay,—
(a) if the scheme is defective and does not contain any required particulars, givea reasonable opportunity to the person concerned for making a written representationand it shall be open to such person to rectify the defects, if any, specified by it;
(b) consider the scheme, having regard to the factors referred to in sub-section(8), and submit the scheme together with its recommendations thereon to theCommission.
(5) The Commission may, after considering the scheme and the recommendations ofthe Committee under sub-section (4) and after obtaining, where necessary, such otherparticulars as may be considered necessary by it from the applicant, and having regard to thefactors referred to in sub-section (8), by an order either approve (with such conditions, ifany, as it may consider necessary) or disapprove the scheme and any such approval shall bea permission under sub-section (1):
Provided that no scheme shall be disapproved by the Commission under this sub-section without giving such person a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person, whosescheme has not been approved by the Commission, to submit a fresh scheme and theprovisions of this section shall apply to such scheme, as if such scheme has been submittedfor the first time under sub-section (2).
(6) Where no order passed by the Commission has been communicated to the personsubmitting the scheme, within a period of one year from the date of submission of suchscheme to the Commission under sub-section (2), the scheme shall be deemed to have beenapproved by the Commission in the form in which it had been submitted, and, accordingly,the permission of the Commission required under sub-section (1) shall also be deemed tohave been granted.
(7) In computing the period specified in sub-section (6), the time taken by the personconcerned submitting the scheme, in furnishing any particulars called for by the Committeeor by the Commission, shall be excluded.
(8) The Committee, while making its recommendations under clause (b) of sub-section(4) and the Commission, while passing an order, either approving or disapproving the scheme
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under sub-section (5), shall have due regard to the following factors, namely:—
(a) whether the proposed health educational institution or the existing healtheducational institution seeking to open a new or higher course of study or training orincrease its admission capacity, would be in a position to offer the course of study ortraining in the discipline of health (including a post graduate or doctoral or postdoctoral or super speciality course of study or training) with the minimum standards ofhealth education as specified by the Board under this Act;
(b) whether the person seeking to establish a health educational institution orseeking to open a new or higher course of study or training or to increase its admission-capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff, equipment, accommodation,training and other facilities to ensure proper functioning of the health educationalinstitution or conducting the new course of study or training or accommodating theincreased admission capacity have been provided or would be provided within thetime limit specified in the scheme;
(d) whether adequate hospital facilities, having regard to the number of studentslikely to attend such health educational institution or course of study or training or asa result of the increased admission capacity have been provided or would be providedwithin the time limit specified in the scheme;
(e) whether any arrangement has been made or programme drawn to impartproper training to students likely to attend such health educational institution orcourse of study or training by person having the recognised medical qualifications;
(f) the requirement of manpower in the field of practice of medicine; and
(g) any other factors as may be prescribed.
(9) Where the Commission passes an order either approving or disapproving a schemeunder this section, a copy of the order shall be delivered to the person concerned.
Explanation.— For the purposes of this section, “person” includes any university ora trust or other body corporate, but does not include the Central Government or a StateGovernment.
18. (1) The educational qualifications granted by any health educational institution inIndia which are included in the Second Schedule or the Third Schedule or the FourthSchedule or the Fifth Schedule or the Sixth Schedule, as the case may be, shall be recognisedqualifications of the respective discipline of health for the purposes of this Act:
Provided that any qualification recognised under the provisions of the Indian NursingCouncil Act, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and the Indian MedicalCouncil Act, 1956 and the rules and regulations made thereunder, shall continue to be therecognised qualifications of the respective discipline of health for the purposes of this Act,unless such qualifications are derecognised by the amendment of the relevant Scheduleunder this Act.
(2) Any health educational institution in India, which grants any qualification in thediscipline of health not included in the Second Schedule or the Third Schedule or the FourthSchedule or the Fifth Schedule or Sixth Schedule, as the case may be, may apply to theCommission to have such qualification recognised, and the Commission, after consultingthe Committee, may recommend to the Central Government to amend the Second Scheduleor the Third Schedule or the Fourth Schedule or the Fifth Schedule or Sixth Schedule, as thecase may be, so as to include such qualification therein and any notification amending anyof the said Schedules may also direct that an entry shall be made in the last column of theSecond Schedule or Third Schedule or the Fourth Schedule or the Fifth Schedule or the SixthSchedule, as the case may be, against such qualification declaring that it shall be a recognisedqualification only when granted after a specified date.
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19. (1) No qualification granted by any health educational institution to any student ofsuch institution shall be recognised qualification for the purposes of this Act, unless suchinstitution has been established with the approval of the Commission in accordance with theprovisions of this Act or rules or regulations made thereunder.
(2) Where any health educational institution offers a new or higher course of study ortraining (including a post graduate or doctoral or post doctoral or super speciality course ofstudy or training), such qualification shall not be a recognised qualification for the purposesof this Act, unless such course of study or training offered has been approved by theCommission before offering the same to the students.
(3) Where any health educational institution increases its admission capacity in anycourse of study or training (including a post graduate or doctoral or post doctoral or superspeciality course of study or training), such qualification granted to any student by suchinstitution on the basis of the increase in its admission capacity shall not be a recognisedqualification for the purposes of this Act, unless such increase in its admission capacity inany course of study or training offered has been approved by the Commission before offeringthe same to the students.
20. The Commission shall regulate the entry and operation of foreign health educationalinstitutions in consultation with the Board and in accordance with the law, for the time beingin force:
Provided that in case no such law is in force, the Central Government shall regulate theentry and operation of foreign health institutions in consultation with the Board till such lawcomes into force.
21. When, upon recommendation of the Committee or the Board, it appears to theCommission that—
(a) the courses of study and examination to be undergone in, or the proficiencyrequired from candidates at any examination held by any university or other healthinstitution for an approved course in health education; or
(b) the faculty, staff, equipment, accommodation, training and other facilities forinstruction and training provided in such university or other health educationalinstitution, or in any college or other institution affiliated to any such university,
do not conform to the standards specified by the Commission, the Commission may, aftermaking such inquiry as it may consider necessary, for reasons to be recorded in writing,withdraw recognition of the course or qualification in respect of the university or otherhealth institution, or college or other institution affiliated to such university, as the case maybe, with such cut-off date as it thinks fit:
Provided that no such recognition shall be withdrawn unless the university or theinstitution or college, as the case may be, has been given a reasonable opportunity of beingheard.
22. The Commission may levy such fees and other charges in respect of such functionsas may be specified by regulations made by it.
CHAPTER III
NATIONAL BOARD FOR HEALTH EDUCATION
23. The Central Government shall, by notification, constitute a Board to be known asthe “National Board for Health Education” to assist the Commission in discharge of itspowers and functions for the purposes of health education.
24. (1) The Board shall consist of—
(a) a President;
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(b) two whole-time members; and
(c) four part-time members,
to be appointed by the Central Government on the recommendation of the Selection Committeeconstituted under section 25.
(2) The Chairperson or a Member of the National Commission for Higher Educationand Research referred to in section 5 of the National Commission for Higher Education andResearch Act, 2011—Member, ex officio.
(3) The President and whole-time members shall be chosen from the persons possessinga post graduate degree in the discipline of medicine or medical education from a recogniseduniversity or health institutions, having at least fifteen years of standing in the profession orteaching and training, out of which seven years of experience shall be in the discipline ofmedical education, training, curriculum design or development and conduct of examinations.
(4) The part-time members shall be chosen from persons possessing a post graduatedegree in the discipline of medical education from a recognised university or medical institutionhaving at least twelve years of standing in the profession from the discipline of health orhealth education out of which seven years of experience shall be in education, training,curriculum design or development and conduct of examinations in the discipline of health.
25. (1) The Central Government shall constitute a Selection Committee for appointmentof the President and members of the Board and the Committee, consisting of,—
(a) a person of eminence having qualification and experience of at least twentyyears in medical profession as Chairperson;
(b) three other experts of eminence from the discipline of medical and allied healthsciences, management, science and technology having qualification and experience ofat least fifteen years in the discipline, as members,
to be appointed in such manner as may be prescribed.
(2) The Secretary to the Government of India in charge of the Union Ministry of Health(Department of Health and Family Welfare) shall be ex officio member of the SelectionCommittee.
(3) The Chairperson of the Commission shall be the Convenor.
(4) The term of the Selection Committee shall be such as may be prescribed.
(5) The Selection Committee shall finalise the selection of the President and membersof the Board and the Committee within two months from the date on which the reference ismade to it by the Central Government in this behalf.
(6) The Selection Committee shall recommend a panel of two names for every vacancyreferred to it.
(7) Before recommending any person for appointment as a President or a member ofthe Board or the Committee, the Selection Committee shall satisfy itself that such persondoes not have any financial or other conflict of interest, which is likely to affect prejudiciallyhis functions as President or member of the Board or the Committee, as the case may be.
(8) No appointment of the President or member of the Board or the Committee shall beinvalid merely by reason of any vacancy in the Selection Committee.
(9) Subject to the provisions of sub-sections (1) to (8), the Selection Committee mayregulate its own procedure.
(10) The Central Government shall initiate the process of appointment in respect ofany vacancy due to arise in the office of the President or of other members of the Board orCommittee, six months prior to the date of arising of such vacancy:
Provided that in case a vacancy arises in the Selection Committee for the reason ofdeath or removal, or resignation from office, such vacancy shall be filled expeditiously,within six months from the date on which the vacancy has arisen.
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26. On and from the date of constitution of the Board,—
(a) the National Board of Examinations registered under the Societies RegistrationAct, 1860 shall be dissolved;
(b) any reference to the existing National Board of Examinations in any law otherthan this Act or in any contract or other instrument shall be deemed as a reference tothe Board;
(c) all properties and assets, movable and immovable, of, or belonging to, theexisting National Board of Examinations, shall vest in the Board;
(d) all rights and liabilities of the existing National Board of Examinations shall betransferred to, and be the rights and liabilities of, the Board;
(e) without prejudice to the provisions of clause (c), all debts, obligations andliabilities incurred, all contracts entered into and all matters and things engaged to bedone by, with or for the existing National Board of Examinations immediately beforethat date, for or in connection with the purpose of the said existing National Board ofExaminations shall be deemed to have been incurred, entered into or engaged to bedone by, with or for, the Board;
(f) all sums of money due to the existing National Board of Examinationsimmediately before that date shall be deemed to be due to the Board; and
(g) all suits and other legal proceedings instituted or which could have beeninstituted by or against the existing National Board of Examinations immediately beforethat date may be continued or may be instituted by or against the Board.
27. (1) A person appointed as the President or a member shall hold office for a term offour years from the date on which he enters upon his office or till the date he attains the ageof seventy years, whichever is earlier and be eligible for re appointment for another term.
(2) Notwithstanding anything in sub-section (1), the President or a member shall holdoffice during the pleasure of the Central Government.
(3) The salary and allowances payable to and other terms and conditions of service ofthe President and other members shall be such as may be prescribed.
28. (1) The Board shall appoint an Executive Director to perform such functions asmay be assigned to it by the Board.
(2) The Board may with the previous approval of the Commission appoint such otherofficers and employees as it considers necessary for the efficient discharge of its functionsunder this Act.
(3) The term of the Executive Director shall be four years from the date of his appointment.
(4) The salaries and allowances payable to, and the other terms and conditions ofservice of the other officers and employees of the Board shall be such as may be specified byregulations made by the Commission.
29. (1) The Board shall meet at least once in every month.
(2) Four members of the Board shall constitute a quorum for the meetings.
(3) Every meeting of the Board shall be presided over by the President or, if for anyreason he is unable to attend, such other member as may be chosen by the members presentat the meeting from among themselves.
(4) A member shall be deemed to have vacated his seat if he is absent, withoutpermission, and without sufficient cause in the opinion of the Board, from three consecutivemeetings of the Board.
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(5) Subject to the provisions of the foregoing sub-sections, the Board may regulate itsown procedure for the transaction of business at its meeting.
30. (1) The Board shall take measures to facilitate and promote academic studies andresearch in emerging areas of health education with focus on professional health educationand to ensure uniform augmentation of trained specialists and super specialists, to achieveexcellence in these and connected areas.
(2) Without prejudice to the generality of the foregoing provisions, the measuresreferred to in sub-section (1) may provide for all or any of the following matters, namely:—
(a) determine, coordinate and maintain standards for health education andresearch;
(b) specify minimum requirements for faculty, infrastructure and clinical workloadfor establishment of institutions for discipline of health;
(c) specify curriculum for examinations which may be conducted under this Act;
(d) design and approve new courses of study as recommended by institutes,hospitals, colleges or universities for imparting training and conducting courses therein;
(e) organise seminars, trainings or conferences for continuous medical educationand such other courses, workshops or programme as may be specified by regulationsmade by the Commission;
(f) to undertake faculty development programmes;
(g) specify schedule of admissions for admission to various courses of study;
(h) specify calendar of examinations and scheme of examinations;
(i) conduct examinations for entry to any under graduate, post graduate, doctoral,post doctoral, super speciality or diploma courses, fellowship examination and screeningtest;
(j) take such steps as may be desirable to elevate the standards of training anddevelopment of quality health professionals;
(k) coordinate with institutes, universities, bodies at international level fordischarge of its functions;
(l) advise the Commission regarding establishment of laboratories, institutesand training centres for continuous medical education;
(m) recognise and encourage merit in all branches of health sciences, technologyand basic sciences and foster research;
(n) coordinate between medical and other scientific academies, societies,associations, institutions and Government medical and scientific departments andservices;
(o) publish journals, memoirs, transactions and other publications;
(p) promote and maintain a liaison between health and other sciences;
(q) appoint such number of visitors as it may consider fit to visit any universityor other health educational institution imparting a recognised course in discipline ofhealth, or to attend any examination held by any such university or other healtheducational institution for the purposes of granting recognition thereof;
(r) to specify parameters for equivalence between academic qualifications grantedby different health institutions in the discipline of health whether in India or abroad;
(s) to specify norms and mechanisms for transparent, efficient and accountablegovernance in a health university or higher health educational institution empoweredby or under any law to award recognised qualifications only in the discipline of healtheducation and research;
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(t) to approve and notify norms and standards of maintenance of academicquality for accreditation and benchmarking of education in recognised healtheducational institutions imparting approved courses in the discipline of healththroughout the period of accreditation:
Provided that nothing contained in this clause shall prevent the NationalCommission for Higher Education and Research established under the NationalCommission for Higher Education and Research Act, 2011 to specify higher standardsfor health educational institutions other than those specified by the appropriatestatutory regulatory body referred to in clause (e) of sub-section (1) of section 3 of theNational Commission for Higher Education and Research Act, 2011;
(u) to prescribe norms for compulsory disclosure by health educationalinstitutions engaging in discipline of health education on all aspects related to theirfunctioning that has a bearing on the interests of students, faculty, parents, thecommunity and the Government;
(v) promote autonomy of health educational institutions for the free pursuit ofknowledge and innovation;
(w) facilitate access, inclusion and opportunities to all;
(x) promote development of a curricular framework with specific reference tonew or emerging or inter-disciplinary field of knowledge;
(y) promote, through the development of a flexible academic frame, the exerciseof choice for students for self-development, entrepreneurship, acquisition of skillsand pursuit of learning;
(z) promote joint and cross-disciplinary programmes among universities andother health educational institutions;
(za) develop measures to effectively connect health education to the needs ofsociety;
(zb) encourage universities to enable colleges to evolve into health institutionswith powers to award degrees;
(zc) take measures to enhance access to, and inclusion in, health education toremove regional imbalances in the provision of health educational institutions forsuch education as well as in access of students to such health educational institutions;
(zd) advice the Commission and the Central Government on any matter that maybe referred;
(ze) discharge such other functions as may be prescribed.
31. The Board may, in consultation with the concerned State Government and university,conduct, with effect from such date as may be notified by the Central Government, either byitself or by an authority authorised by it, examinations for entry to any under graduate, postgraduate, doctoral, post doctoral, super speciality or diploma courses or examination forfellowship in such manner as may be specified by regulations made by the Commission.
32. Every health educational institution which grants any recognised qualificationshall furnish such information as to courses of study and examinations as the Board mayrequire from time to time.
33. (1) No person, being a citizen of India or a registered Overseas citizen of India, whoobtains the recognised qualification granted by medical institution in any country outsideIndia recognised for enrolment as medical practitioner in that country shall be entitled forenrolment by the National Council or the State Council, as the case may be, unless hequalifies the screening test in India to be conducted by the Board.
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(2) No person being a citizen of India shall, after the commencement of this Act, obtainany medical qualification from any medical institution in a country outside India withoutobtaining an eligibility certificate from the Board and any person, who obtains suchqualification without obtaining the eligibility certificate, shall not be eligible to appear in thescreening test referred to in sub-section (1):
Provided that any person being a citizen of India who acquired the recognisedqualification or obtained admission in the medical institution outside India during the periodbetween 15th March, 2002 and the date of commencement of this Act, after obtaining aneligibility certificate from the Medical Council of India under the Indian Medical Council Act,1956, shall, subject to other provisions of this Act, be eligible to be enrolled in the NationalRegister or State Register.
(3) Any person, being a citizen of India or a registered Overseas citizen of India, whoobtains a recognised qualification in the discipline of health other than medicine from anyhealth educational institution in any country outside India recognised for enrolment aspractitioner in that country shall not be entitled to be enrolled in the National Register orState Register unless he qualifies the screening test in India.
(4) The Commission may, by notification, exempt any person, who possesses therecognised qualification and enrolled as health practitioner in a country outside India for aperiod of not less than three years, from the requirement of the screening test under thissection.
CHAPTER IV
NATIONAL EVALUATION AND ASSESSMENT COMMITTEE
34. The Central Government shall, by notification, constitute a Committee to beknown as the National Evaluation and Assessment Committee for evaluation and assessmentof any university or institution seeking permission under section 17 or imparting educationin the discipline of health to assist the Commission in discharge of its powers and functionsunder this Act.
35. (1) The Committee shall consist of the following, namely:—
(a) a President;
(b) two whole-time members; and
(c) four part-time members,
to be appointed by the Central Government on the recommendation of the Selection Committeeconstituted under section 25.
(2) The President and members referred to in sub-section (1) shall be chosen from thepersons of eminence, integrity and outstanding calibre having post graduate degree in thediscipline of health, health policy, public health, management, technology, law or financefrom a recognised university or institution having ten years of experience in the respectivefield.
36. (1) A person appointed as the President or a member of the Committee shall holdoffice for a term of four years from the date on which he enters upon his office or till the datehe attains the age of seventy years, whichever is earlier and be eligible for reappointment foranother term.
(2) Notwithstanding anything in sub-section (1), the President or a member of theCommittee shall hold office during the pleasure of the Central Government.
(3) The salary and allowances payable to and other terms and conditions of service ofthe President and other members of the Committee shall be such as may be specified byregulation made by the Commission.
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37. (1) Subject to the provisions contained in any law for the time being in forcerelating to accreditation, the Committee shall take measures to develop and regulate theprocess of evaluation and assessment of institutions imparting health education andprogrammes conducted therein, and monitor the functioning of agencies recommended bythe Commission.
(2) Subject to the provisions contained in any law for the time being in force relatingto accreditation, the measures referred to in sub-section (1), may provide the followingmatters, namely:—
(a) without prejudice to any law for the time being in force specify standards,norms and processes for registration of evaluation and assessment agencies underany law for the time being in force;
(b) undertake audit and cause to be audited the adherence to code of ethicsincluding policies on obviating conflict of interest, disclosure of information, evolvingtransparency in processes and procedures of evaluation and assessment;
(c) lay down policies for providing information to the public with regard to allaspects of quality and performance of institutions providing health education andprogrammes conducted therein;
(d) specify and monitor standards on selection and training of experts for thepurposes of evaluation and assessment;
(e) scrutinise the report of the evaluation and assessment agency on theapplications for consideration of grant of permission for establishing of college, instituteor university and make its recommendations to the Commission;
(f) submit a report to the Commission for taking up the matter with the appropriatestatutory regulatory authority dealing with the accreditation for review of registrationgranted or cancellation of registration thereof;
(g) levy of fees or other charges for matters relating to evaluation and assessment;
(h) recommend for improvement of academic quality;
(i) advise the Central Government or any State Government or the appropriatestatutory regulatory authority on any policy matter concerning evaluation andassessment which may be referred to it;
(j) develop methodologies of evaluation and assessment in collaboration withother agencies;
(k) promote research and innovation in evaluation and assessment;
(l) collect, compile and disseminate information regarding accreditation of healthinstitutions and programmes conducted therein to the public;
(m) monitor adherence to such norms, guidelines and standards of academicquality, as may be specified under any law for the time being in force by the appropriatestatutory regulatory authority, in health educational institutions;
(n) perform such other functions as may be assigned to it by the Commission.
(3) The process of selection of evaluation and assessment agency for evaluation andassessment shall be in a transparent manner and the information relating to the selection ofsuch agency shall be put in the public domain.
(4) Notwithstanding anything contained in this Act or any other law for the time beingin force, the Commission or Committee shall not engage the same evaluation and assessmentagency for successive inspections or audit inspections, to carry out audit or review inspectionof any institute at least for five years.
(5) The evaluation and assessment of a health educational institution shall be done bythe evaluation and assessment agencies having such qualifications and experience and insuch manner as may be specified by regulations made by the Commission.
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38. (1) The Commission may, in consultation with the Central Government, appoint anaudit committee consisting of such number of persons having such qualifications andexperience as may be prescribed, for the purpose of audit, inspections or inquiry into theaffairs of any evaluation and assessment agency or any health educational institution in sofar it relates to their evaluation and assessment.
(2) The Commission may, on the recommendations of the National Evaluation andAssessment Committee, at any time, by order in writing, direct the audit committee specifiedin the order to audit or inspect or inquire into the affairs of any evaluation and assessmentagency or any health educational institution in so far it relates to evaluation and assessmentand to report its findings and recommendations to the National Evaluation and AssessmentCommittee or the Commission, as the case may be.
(3) On receipt of the report from the audit committee under sub-section (2), theCommission may, after giving such opportunity to the evaluation and assessment agency tomake a representation in connection with the report, in the opinion of the Commission seemsreasonable, by order in writing—
(a) take such action in respect of any matter arising out of the report as theCommission may think fit; or
(b) modify the terms and conditions of certificate of registration as it thinks fit,and terms or conditions so modified shall be binding upon and be observed by theevaluation and assessment agency and shall be of like force and effect as if they werecontained in the certificate of registration or approval, as the case may be; or
(c) revoke the certificate of registration of the evaluation and assessment agencyor the approval granted to the health educational institution, as the case may be, underthis Act.
(4) It shall be the duty of every evaluation and assessment agency and every healtheducational institution, as the case may be, to produce before the audit committee all suchpapers and other documents in its custody or power and to furnish any statement andinformation relating to its affairs, as the audit committee may require of such agency orinstitution, as the case may be, within such time as the audit committee may specify.
(5) The audit committee may examine on oath, any chief executive or officer or otheremployee of the evaluation and assessment agency in relation to evaluation and assessmentof any health educational institution or programme conducted therein, and may administeroaths accordingly.
(6) The audit committee shall submit its report to the Committee and the Committeeshall place the report and the action taken thereon by it or the Commission, on its website.
39. (1) There shall be an Executive Director to the National Evaluation and AssessmentCommittee to be appointed by the Central Government for a period of four years.
(2) The Committee may, with the previous approval of the Central Government, appointsuch other officers and employees as it considers necessary for the efficient discharge ofits functions under this Act.
(3) The salaries and allowances payable to, and the other terms and conditions ofservice of the Executive Director and other officers and employees of the Committee shallbe such as may be specified by regulations made by the Commission.
40. (1) The Committee shall meet at least once in every three months, at such time andplace as it may appoint.
(2) The quorum of a meeting of the Committee shall be two members.
(3) The President of the Committee shall preside over its meetings or, if for any reasonhe is unable to attend, such other member as may be chosen by the members present at themeeting from among themselves.
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(4) A member shall be deemed to have vacated his seat if he is absent, withoutpermission, and without sufficient cause in the opinion of the Committee, from threeconsecutive meetings of the Committee.
(5) Subject to the provisions of this section, the Committee may regulate its ownprocedure for transaction of business at its meetings.
CHAPTER V
NATIONAL COUNCILS AND STATE COUNCILS
41. (1) On the commencement of this Act, there shall be constituted, from such dateas the Central Government may, by notification, appoint, such corresponding new NationalCouncils as are specified in the First Schedule.
(2) On the commencement of this Act, the Central Government shall, by notification,constitute the Paramedical Council of India for the disciplines of paramedics:
Provided that the Central Government may, by notification, constitute National Councilfor any other discipline of health as may be notified by it under clause (k) of section 2.
(3) Each corresponding new National Council referred to in sub-section (1) and theParamedical Council of India and the National Council for any other discipline of healthreferred to in sub-section (2) shall be a body corporate by the name aforesaid, havingperpetual succession and a common seal, with power, subject to the provisions of this Act,to acquire, hold and dispose of property, both movable and immovable, and to contract, andshall, by the said name, sue or be sued.
(4) The head office of each National Council referred to in sub-sections (1) and (2)shall be in the National Capital Region referred to in clause (f) of section 2 of the NationalCapital Region Planning Board Act, 1985.
42. On the commencement of this Act, every existing Council shall be transferred to,and shall vest in the Commission.
43. Every person holding office, immediately before the commencement of this Act, asPresident or Vice-President or other members of an existing Council shall, on such commencement,vacate their offices as such President or Vice-President or other members, as the case may be,and no such President or Vice-President or other member, as the case may be, shall be entitledto claim any compensation for premature termination of the term of his office.
44. Every corresponding new National Council shall, in the discharge of its functions,be guided by such directions in regard to matters of policy involving public interest as theCentral Government may, after consultation with the Chairperson of the Commission, give.
45. Any reference to any existing Council in any law, other than this Act, or in anycontract or other instrument shall, in so far as it relates to the undertaking which has beentransferred by section 42 be construed as a reference to the corresponding new NationalCouncil.
46. (1) Each National Council referred to in sub-section (1) or sub-section (2) ofsection 41 shall consist of the following members, namely:—
(a) one member from each State (other than a Union territory), to be nominatedby the Central Government in consultation with the State Government concerned;
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President,Vice Presidentand othermembers ofCouncil tovacate theiroffices.
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References toexistingCouncils onand fromcommence-ment of thisAct.
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(b) one member from each University, to be elected from amongst the membersof the faculty of the concerned discipline of health by members of the Senate of theUniversity or in case the University has no Senate, by members of the Court;
(c) one member from each State in which a State Register in the respectivediscipline is maintained, to be elected from amongst themselves by persons enrolledon such Register;
(d) five members to be nominated by the Central Government from amongstheads of medical institutions in the respective discipline owned, controlled or managedby the Central Government;
(e) five members to be nominated from amongst professionals of respectivedisciplines by the Central Government;
(f) President of the Board shall be ex officio member of the National Council foreach discipline of health;
(2) A member of the National Council shall cease to be such member if he ceases to bea person enrolled on the concerned State Register or to hold office by virtue of which he waselected or nominated, as the case may be, as such member to the Council.
47. (1) The Commission shall conduct elections for each National Council, within aperiod of six months from the date of commencement of this Act for constituting the NationalCouncils under section 40 in accordance with such procedure and manner as may beprescribed.
(2) Each National Council constituted under sub-section (1) shall continue for a periodof four years from the date on which it is constituted:
Provided that the said period may be extended by the Commission, with the priorapproval of the Central Government, for a period not exceeding six months in case it is notpossible for any reason to reconstitute the National Council after the expiration of the saidperiod.
(3) The Commission shall commence the process of conducting the next elections forNational Council six months before the expiration of the term of the National Council or anyextended period as may be provided under sub-section (2).
(4) The Commission shall conduct elections to any vacancy that may arise in themembership of any National Council on account of death, resignation or removal, in suchmanner as may be prescribed.
48. (1) Each National Council referred to in section 41 shall have a President and a Vice-President to be elected by the members of the National Council from among themselves insuch manner as may be prescribed.
(2) The powers to be exercised, and the functions to be performed, by the President orthe Vice-President of the National Council shall be such as may be specified by regulationsmade by the National Council.
49. In case of any dispute regarding any election under section 47 or section 48, theaggrieved person may make an application within a period of thirty days from the date ofdeclaration of the result of election, to the Chairperson of the Commission who shall forwardthe same to the Central Government.
50. (1) The quorum of a National Council for a meeting shall be one-third of its totalmembership.
(2) The National Council shall meet at least twice in each year at such time and place asmay be appointed by the National Council.
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(3) The meetings of the National Council shall be presided over by the President or, iffor any reason he is unable to attend, by the Vice-President, and in case he is also unable toattend, such other member as may be chosen by the members present at the meeting fromamong themselves.
(4) A member shall be deemed to have vacated his seat if he is absent, withoutpermission, and without showing sufficient cause in the opinion of the National Council,from three consecutive meetings of the National Council.
(5) Subject to the provisions of this section, the National Council may make regulationsfor the transaction of business at its meetings.
51. (1) The National Council shall, subject to the provisions of this Act, take measuresto enrol persons having recognised qualifications to enable them to practice in respectivediscipline of health and to regulate the profession of respective discipline of health.
(2) Without prejudice to the generality of the foregoing provisions, the measuresreferred to in sub-section (1) may, inter alia, provide for all or any of the following matters,namely:—
(a) enrol persons having recognised qualifications to enable them to practice inthe respective discipline of health and renew the enrolment from time to time;
(b) maintain and publish the National Register;
(c) organise and conduct seminars, conferences, workshops or other programmefrom time to time;
(d) grant certificate of good standing to the persons enrolled by it;
(e) levy fees or other charges to be paid by the persons seeking enrolment orpersons enrolled by it;
(f) perform such other functions as may be prescribed.
(3) A person enrolled under this Act, before going abroad for the purpose of employment,service, professional assignment or post or position or for exploration of career opportunitiesor for carrying out any professional or related work, shall obtain the certificate of goodstanding from the respective National Council or the State Council.
52. (1) Every National Council shall have a Registrar to be appointed by the CentralGovernment for a fixed term of four years who shall not be eligible for re-appointmentunder this Act.
(2) The National Council may, with the prior approval of the Central Government,appoint such other officers and employees as it considers necessary for the efficientdischarge of its functions under this Act.
(3) The salaries and allowances payable to, and the other terms and conditions ofservice of the other officers and employees of the National Council shall be such as may bespecified by regulations made by the National Council.
53. (1) Where there is no State Council in any State, the State Government shall, bynotification, constitute the State Councils for the following disciplines of health, within aperiod of three years from the date of commencement of this Act, in such manner and withsuch composition as may be prescribed by the State Government, namely:—
(a) the Medical Council of .................... (name of the State) for medicine;
(b) the Dental Council of .................... (name of the State) for dentistry;
(c) the Nursing Council of .................... (name of the State) for nursing;
(d) the Pharmacy Council of .................... (name of the State) for pharmacy;
(e) the Paramedical Council of .................... (name of the State) for paramedics:
Functions ofNationalCouncils.
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Provided that the State Government may, by notification, constitute State Councils forany other discipline of health notified under clause (k) of section 2.
(2) Untill the State Council is constituted in a State under sub-section (1), the NationalCouncil of respective discipline of health shall enrol the persons, in respect of that State,having recognised qualification in the manner provided under this Act:
Provided that the person enrolled under this sub-section shall be entitled to practice inthe respective discipline of health only in the State for which he has applied for enrolment.
(3) Each State Council referred to in sub-section (1) shall be a body corporate by thename aforesaid, having perpetual succession and a common seal, with power, subject to theprovisions of this Act, to acquire, hold and dispose of property, both movable and immovable,and to contract, and shall, by the said name, sue or be sued.
(4) The head office of each State Council referred to in sub-section (1) shall be at suchplace as the State Government may decide.
(5) Each State Council constituted under sub-section (1) shall continue for a period offour years from the date on which it is constituted or, such period as may be prescribed bythe State Government.
54. (1) Each State Council referred to in section 53 shall have a President and a Vice-President to be elected by the members of the State Council from among themselves in suchmanner as may be prescribed by the State Government.
(2) The powers to be exercised, and the functions to be performed, by the President orthe Vice-President of the State Council shall be such as may be specified by regulations madeby the State Council.
(3) No person shall be eligible to hold office in any capacity in the State Councilwhether as a President or Vice-President or member for more than two terms.
55. (1) The quorum of a State Council for a meeting shall be one-third of its totalmembership.
(2) The State Council shall meet at least twice in each year at such time and place asmay be appointed by the State Council.
(3) The meetings of the State Council shall be presided over by the President or, if forany reason he is unable to attend, by the Vice-President, and in case he is also unable toattend, such other member as may be chosen by the members present at the meeting fromamong themselves.
(4) A member shall be deemed to have vacated his seat if he is absent, withoutpermission, and without showing sufficient cause in the opinion of the State Council, fromthree consecutive meetings of the State Council.
(5) Subject to the provisions of this section, the State Council may make regulationsfor the transaction of business at its meetings.
56. (1) Every State Council shall have a Registrar to be appointed by the StateGovernment for a fixed term of four years who shall not be eligible for re-appointment underthis Act or as may be provided under regulations made by it.
(2) The State Council may, with the prior approval of the State Government, appointsuch other officers and employees as it considers necessary for the efficient discharge of itsfunctions under this Act.
(3) The salaries and allowances payable to, and the other terms and conditions ofservice of the other officers and employees of the State Council shall be such as may bespecified by regulations made by the State Council.
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57. (1) Every National Council and every State Council shall enrol the persons havingrecognised qualification, in such form, manner and on payment of such fees and fulfilment ofsuch other criteria or conditions as may be specified by regulations by the National Council,for a period of ten years and the person so enrolled shall be entitled to practice in therespective discipline of health.
(2) Before the expiry of the period of ten years referred to in sub-section (1), theNational Council or the State Council, as the case may be, may renew the enrolment of suchpersons for a further period of ten years, on showing the proof that he has attended suchseminar, conference, workshop or any other programme as may be specified by theCommission for the purpose of updating his professional knowledge and skill.
Explanation.— For the removal of doubts, it is hereby declared that no person shallbe required to appear and pass any qualifying examination for the purpose of renewal of hisenrolment under this sub-section.
(3) For the purpose of computing the period of ten years, the period of absence of aperson enrolled under this section from India, if any, shall also be taken into account.
(4) Any person enrolled under this section by the National Council shall be entitled topractice in the respective discipline of health anywhere in India and the persons enrolled bythe State Council shall be entitled to practice in the respective discipline of health anywherein the State in which he is enrolled.
(5) Any person enrolled with the existing Medical Council of India or the DentalCouncil of India or the Nursing Council of India or the Pharmacy Council of India or any StateCouncil, as the case may be, shall be deemed to have been enrolled under this Act and beeligible to continue to practice for a period of ten years and thereafter he shall be required torenew his enrolment under this Act.
58. (1) Every National Council shall enter the name of persons enrolled by it undersection 57 in the National Register to be maintained in such manner as may be prescribed.
(2) Every State Council shall enter the name of persons enrolled by it under section 57in the State Register to be maintained in such manner as may be prescribed by the StateGovernment.
(3) Every National Council shall collect data of persons enrolled in the State Registerfrom each State Council and enter the same in separate National Register to be maintained insuch manner as may be prescribed.
(4) The National Council and the State Councils shall maintain the register by suchdata capturing method as may be prescribed by the Central Government or State Government,as the case may be, and shall, inter alia, contain the biometric and other details of eachhealth professional which shall be verified at the time of renewal of enrolment.
(5) The National Council and the State Council shall maintain the Register in accordancewith the provisions of this Act and update it from time to time, and publish the same in theOfficial Gazette and in such other manner as may be prescribed by the Central Government orState Government, as the case may be.
(6) The National Register and the State Register maintained under this section shall bedeemed to be public document within the meaning of the Indian Evidence Act, 1872.
(7) The National Register and the State Register shall also be maintained in electronicform and wherever admissible, be subject to disclosure in the public domain and madeamenable for electronic voting for selection of representatives of the profession or for suchother purposes as may be prescribed.
(8) No person who is not registered with the State Council or the National Council shallfalsely represent that his name is so entered in the State Register or the National Register, or
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use in connection with his name or title, any words or letters reasonably calculated tosuggest that his name is so entered.
59. (1) Any person,—
(a) who obtains a degree at graduate or post graduate or doctoral or postdoctoral or super speciality from a university or institution which receives grants fromthe Central Government or State Government or institutions owned or controlled bythe Central or State Government; and
(b) leave India for the purposes of updating or acquiring higher education in thediscipline of health,
shall endeavour to serve in India for a period of three years after such updating or acquiringsuch higher education outside India, failing which his name shall be removed from theNational Register or the State Register, as the case may be.
(2) Any person whose name has been removed under sub-section (1), who opts toreturn to India shall be entitled to get his name re-entered subject to payment of such feesand fulfilment of such conditions as may be specified by regulations by the Commission.
(3) Any person,—
(a) who obtains a degree at graduate or post graduate or doctoral or post doctoralor super speciality from a university or institution other than the university or institutionreferred to in sub-section (1); and
(b) leaves India for the purposes of updating or acquiring higher education inthe discipline of health or for employment and does not return within the period ofthree years or does not inform the respective Councils of his whereabouts during suchperiod,
then, it shall be construed as professional misconduct.
60. (1) No person shall, unless he is enrolled on the National Register or the StateRegister, as the case may be, as a medical practitioner,—
(a) hold office as physician or surgeon or any other office as a medical professionalin Government or in any health institution maintained by a local or other authority; or
(b) practice medicine; or
(c) sign or authenticate a medical or fitness certificate or any other certificaterequired by any law for the time being in force; or
(d) give evidence in any court of law as an expert on any matter relating tomedicine.
(2) No person shall, unless he is enrolled on the National Register or the State Register,as the case may be, as a dentist,—
(a) hold any appointment in the field of dentistry or dental hygienist in anydispensary, hospital or other health institution which is supported wholly or partiallyfrom public or local funds; or
(b) practice dentistry;
(c) sign or authenticate a certificate required under any law for time being inforce from a dentist; or
(d) give evidence in any court of law as an expert in any matter relating todentistry.
(3) No person shall, unless he is enrolled on the National Register or the State Register,as the case may be, as a nurse, hold any appointment in the field of nursing as teacher in
Duty to servein India.
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nursing, nurse, auxiliary nurse, midwife, health visitor, or public health nurse, in any dispensary,hospital or other health institution which is supported wholly or partially from public or localfunds.
(4) No person shall, unless he is enrolled on the National Register or the State Register,as the case may be, as a pharmacologist, practice pharmacy.
(5) No person shall, unless he is enrolled on the National Register or the State Register,as the case may be, of Paramedics,—
(i) hold any appointment as paramedic in any dispensary, hospital or otherhealth institution which is supported wholly or partially from public or local funds; or
(ii) practice as a paramedics.
61. Every person, whose name is for the time being borne on the National Register orthe State Register, as the case may be, shall subject to the conditions and restrictions laiddown by or under this Act, be entitled to practice in the discipline of his enrolment and torecover in respect of such practice any expenses, charges in respect of medicaments or otherappliances, or any fees to which he may be entitled.
62. (1) Any person enrolled under section 57 shall inform transfer of his place ofresidence or practice to the Council concerned, within a period of thirty days of suchtransfer.
(2) If the person referred to in sub-section (1) fails to comply with the requirements ofthat sub-section, his right to participate in the elections to the Council concerned shall beliable to be suspended by an order of that Council, for such period as may be specified byregulations made by the Council.
63. Each State Council shall supply to the National Council printed copies of the StateRegister as soon as may be after the commencement of this Act and subsequently after thefirst day of April of each year and the State Council shall inform the National Council withoutdelay of all additions to and other amendments in the State Register made from time to time.
64. A person enrolled with the respective National Council shall be liable for all the actsof omission, commission, or professional misconduct arising in the State in which the causeof action has arisen.
65. (1) A citizen of India or a registered overseas Citizen of India possessing recognisedqualification in the discipline of medicine granted by a medical institution outside India, whois required to undergo practical training, on such terms and conditions as the commissionmay specify, shall, on production of evidence that he has been selected for such practicaltraining in an approved institution, be entitled to enroll himself provisionally in a StateRegister and shall be entitled to practice medicine in the approved institution for the purposesof such training and for no other purpose.
(2) A person who has passed the qualifying examination of any university or Institutionin India in the discipline of medicine for the grant of a recognised qualification shall beentitled to enroll himself provisionally in a State Register for the purposes of enabling him tobe engaged in employment in a resident medical capacity in any approved institution or inthe Medical Service of the Armed Forces of the Union, and for no other purpose, on productionof proper evidence that he has been selected for such employment.
(3) The names of all persons provisionally enrolled under sub-section (1) or sub-section (2) in the State Register shall be entered therein separately from the names of otherpersons enrolled therein.
(4) A person enrolled provisionally as aforesaid who has completed practical trainingreferred to in sub-section (1) or who has been engaged for the specified period in employment
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in a resident medical capacity in any approved institution, or in the medical service of theArmed Forces of the Union, as the case may be, shall be entitled to enroll himself in the StateRegister.
66. If any person whose name is entered in the National Register or the State Register,as the case may be, obtains any title, diploma or other qualification for proficiency in sanitaryscience, public health or medicine which is a recognised medical qualification, he shall, onapplication made in this behalf in such manner as may be prescribed, be entitled to have anyentry stating such other title, diploma or other qualification made against his name in suchRegister either in substitution for or in addition to any entry previously made.
67. The National Council shall specify, by regulations, the standards of professionalconduct, etiquette and code of ethics to be observed by the persons enrolled under this Act.
68. For the purposes of this Act, the expression, “professional misconduct” shall bedeemed to include any act or omission provided in the Seventh Schedule but nothing in thissection shall be construed to limit or abridge in any way the power conferred or duty cast onthe respective Councils under this Act to inquire into the professional conduct of anyperson whose name is included in the National Register or State Register, under any othercircumstances.
69. (1) Every National Council and every State Council shall have power to institute aninquiry into any complaint, charge or allegation of professional misconduct against anyperson enrolled by it under this Act and on finding such person guilty of such conduct, toimpose any one or more of the following penalties, namely:—
(a) a warning or a reprimand or a reprimand and a warning;
(b) suspension of registration for a period not exceeding two years; or
(c) removal of his or her name from the register;
(d) impose a monetary penalty not exceeding ten lakh rupees;
(e) a compulsory period of such professional service as may be specified byregulations made by the Council.
(2) Every National Council or State Council, as the case may be, shall give anopportunity of being heard to the concerned person before imposing upon him any of thepenalties referred to in sub-section (1).
70. (1) Any person aggrieved by the decision of the National Council may, within aperiod of ninety days from the date of communication of such decision, prefer an appeal tothe ethics committee to be constituted by the Commission.
(2) Any person aggrieved by the decision of the State Council may, within a period ofninety days from the date of communication of such decision, prefer an appeal to the ethicscommittee to be constituted by the State Council.
(3) Any person aggrieved by an order of the ethics committee referred to in sub-section (1) or sub-section (2) may, within a period of sixty days from the date of receipt of theorder of the said Committee, prefer an appeal to the ethics appellate committee to be constitutedby the National Council.
(4) The composition of, and the procedure to be followed by, the ethics committee andthe ethics appellate committee and terms and conditions of such members shall be such asmay be prescribed.
71. (1) The National Council, or as the case may be, the State Council may remove thename of any person enrolled by it in such circumstances and in such manner as may bespecified by regulations made by the Commission.
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(2) The Commission may, in case of removal of name of any person from the NationalRegister or the State Register (except in case of professional misconduct), on an application,if it is satisfied on the grounds mentioned therein and after making such inquiry as it deemsnecessary, may direct, by order, the National Council or the State Council, as the case may be,to restore the name of such person on payment of such fees or fulfillment of such conditionswhich it may impose in the order.
72. (1) Any person aggrieved from the professional services rendered by the personsenrolled under this Act may file a complaint with the State Council, within a period of sixtydays from the date of rendering of such service, in such manner as may be specified byregulations made by the Commission:
Provided that the complaint may be admitted after expiry of the said period of sixtydays if the complainant satisfies the Council that he had sufficient cause for not preferringthe complaint within the said period.
(2) The Council shall decide the complaint within a period of one hundred and twentydays from date of its receipt.
73. (1) The National Council may, with the previous approval of the Central Government,make regulations consistent with the provisions of this Act or the rules or regulations madeby the Commission.
(2) In particular, and without prejudice to the generality of foregoing power, suchregulations may provide for all or any of the following matters, namely:—
(a) other ethical principles under clause (b) of section 2;
(b) the powers to be exercised and the functions to be performed by the Presidentor the Vice-President of the National Council under sub-section (2) of section 48;
(c) the procedure for transaction of business at meetings of the National Councilunder sub-section (5) of section 50;
(d) the salaries and allowances payable to and the other terms and conditions ofthe service of the other officers and employee of the National Council under sub-section (3) of section 52;
(e) the form and manner of enrolment of persons and the fees and such othercriteria or conditions for such enrolment under sub-section (1) of section 57;
(f) the standards of professional conduct, etiquette and code of ethics undersection 67;
(g) the professional service to be rendered under clause (e) of sub-section (1) ofsection 69;
(h) any other matter which is required to be, or may be, specified by regulationsor in respect of which provision is to be or may be made by regulations.
74. (1) The State Council may, with the previous approval of the State Government,make regulations consistent with the provisions of this Act or the rules or regulations madeby the Commission and the National Council.
(2) In particular, and without prejudice to the generality of foregoing power, suchregulations may provide for all or any of the following matters, namely:—
(a) the powers to be exercised, and the functions to be performed, by the Presidentor the Vice-President of the State Council under sub-section (2) of section 54;
(b) the procedure for transaction of business at meetings of the State Councilunder sub-section (5) of section 55;
(c) the salaries and allowances payable to and the other terms and conditions ofthe service of the other officers and employee under sub-section (3) of section 56;
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(d) the professional service to be rendered under clause (e) of sub-section (1) ofsection 69;
(e) any other matter which is required to be, or may be, specified by regulationsor in respect of which provision is to be or may be made by regulations.
CHAPTER VI
AUDIT AND ACCOUNTS
75. The Central Government may, after due appropriation made by Parliament by lawin this behalf, make to the Commission grants of such sums of money as the CentralGovernment may think fit, for being utilised for the purposes of this Act.
76. (1) There shall be constituted a fund to be called “the National Commission forHuman Resource for Health Fund” and there shall be credited thereto—
(a) all Government grants, fees and charges received by the Commission;
(b) all sums received by the Commission from such other source as may bedecided upon by the Central Government.
(2) The Fund shall be applied for meeting—
(a) the salaries, allowances and other remuneration of the members, officers andother employees of the Commission, Board, Committee and National Councils;
(b) the other expenses of the Commission in connection with the discharge of itsfunctions and for the purposes of this Act;
(c) the expenses of the Board, Committee and National Councils in connectionwith the discharge of their functions and for the purposes of this Act.
77. (1) The Commission, Board, Committee, National Council and State Council shallmaintain proper accounts and other relevant records and prepare an annual statement ofaccounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission, Board, Committee, National Council and StateCouncil shall be audited by the Comptroller and Auditor-General of India at such intervals asmay be specified by him and any expenditure incurred in connection with such audit shall bepayable by the Commission to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other persons appointed byhim in connection with the audit of the accounts of the Commission, Board, Committee,National Council and State Council shall have the same rights and privileges and authority inconnection with such audit as the Comptroller and Auditor-General generally has inconnection with the audit of Government accounts and, in particular, shall have the right todemand the production of books, accounts, connected vouchers and other documents andpapers and to inspect any of the offices of the Commission, Board, Committee, NationalCouncil and State Council.
(4) The accounts of the Commission, Board, Committee, National Council, State Councilas certified by the Comptroller and Auditor-General of India or any other person appointedby him in this behalf, together with the audit report thereon, shall be forwarded annually bythe Commission, Board, Committee, National Council and State Council to the CentralGovernment which shall cause the same to be laid as soon as may be after it is received,before each House of Parliament.
78. (1) The Commission, Board, Committee, National Council, State Council, and othercommittee shall furnish to the Central Government at such time and in such form as may beprescribed, an annual report giving a summary of their activities during the previous year.
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(2) A copy of the report received by the Central Government under sub-section (1)shall be laid, as soon as may be after it is received, before each House of Parliament.
CHAPTER VII
OFFENCES AND PENALTIES
79. Whoever contravenes the provision of section 17 shall be punishable withimprisonment for a term which may extend to one year, or with fine which may extend to fivelakh rupees, or with both for the first offence and in case of second or subsequent offence,with imprisonment for a term which may extend to three years or with fine which may extendto twenty-five lakh rupees, or with both.
80. Any person who contravenes the provisions of section 57 relating to enrolmentshall be punishable with imprisonment for a term which may extend to one year, or with finewhich may extend to five lakh rupees, or with both for the first offence and in case of secondor subsequent offence, with imprisonment for a term which may extend to three years or withfine which may extend to twenty-five lakh rupees, or with both.
81. Any person who contravenes the provisions of section 33 shall be punishable withimprisonment for a term which may extend to one year, or with fine which may extend to fivelakh rupees, or with both for the first offence and in case of a second or subsequent offence,with imprisonment for a term which may extend to three years or fine which may extend totwenty five lakh rupees or with both.
82. Where on assessment under section 38 it is found that the information provided bya university or an institution imparting health education, is not in conformity with theinformation displayed at its website or information given to the concerned authorities forevaluation and assessment, then the Head of the university or institution in case ofGovernment university or institution and in case of non-governmental university or institution,any director, manager, secretary or other officer of the company, trusts, societies such director,manager, secretary or other officer shall be punishable with imprisonment for a term whichmay extend to one year, or with fine which may extend to five lakh rupees, or with both.
83. (1) Where an offence under this Act has been committed by a company, everyperson who, at the time the offence was committed, was in charge of, and was responsible to,the company for the conduct of the business of the company, as well as the company, shallbe deemed to be guilty of the offence and shall be liable to be proceeded against andpunished accordingly:
Provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this Act, if he proves that the offence was committedwithout his knowledge or that he had exercised all due diligence to prevent the commissionof such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence underthis Act has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to, any neglect on the part of,any director, manager, secretary or other officer of the company, such director, manager,secretary or other officer shall also be deemed to be guilty of that offence and shall be liableto be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other associationof individuals; and
(b) “director” means a whole-time director in the company and in relation to afirm, means a partner in the firm.
84. (1) Where an offence under this Act has been committed by a society or a trust,every person who, at the time the offence was committed, was in charge of, and was responsible
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Penalty forcontraventionof section 57.
Penalty forcontraventionof section 33.
Punishmentfor furnishinginformationcontrary towhichpublished byinstitutions.
Offences bycompanies.
Offences bysocieties ortrusts.
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to, the society or trust for the conduct of the business of the society or trust, as well as thesociety or trust, shall be deemed to be guilty of the offence and shall be liable to be proceededagainst and punished accordingly:
Provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this Act, if he proves that the offence was committedwithout his knowledge or that he had exercised all due diligence to prevent the commissionof such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence underthis Act has been committed by a society or trust and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to, any neglect on the part of,any director, manager, secretary, trustee or other officer of the society or trust, such director,manager, secretary, trustee or other officer shall also be deemed to be guilty of that offenceand shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “society” means any body corporate registered under the SocietiesRegistration Act, 1860 and, “trust” means any body registered under the Indian TrustsAct, 1882 or any other law for the time being in force;
(b) “director”, in relation to society or trust, means a member of its governingboard other than an ex officio member representing the interests of the Central or StateGovernment.
85. (1) No court shall take cognizance of any offence punishable under this Act, saveon a complaint made by the Commission or by an officer authorised by it.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of thefirst class shall try any offence punishable under this Act.
CHAPTER VIII
MISCELLANEOUS
86. (1) If, at any time the Central Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the Commission,Board, Committee or National Council, as the case may be, it is unable to dischargethe functions or perform the duties imposed on it by or under the provisions of thisAct; or
(b) that the Commission, Board, Committee or National Council, as the case maybe, has persistently defaulted in complying with any direction given by the CentralGovernment under this Act or in the discharge of the functions or performance of theduties imposed on it by or under the provisions of this Act and as a result of suchdefault the financial position of the Commission, the Board, the Committee or theNational Council, or the administration of the Commission, the Board, the Committeeor the National Council, as the case may be, has suffered; or
(c) that circumstances exist which render it necessary in the public interest soto do,
the Central Government may, by notification, supersede the Commission, the Board, theCommittee or the National Council, as the case may be, for such period, not exceeding sixmonths, as may be specified in the notification and appoint a person or persons as theChairperson or the President, as the case may be, to exercise powers and discharge functionsof the Commission, Board, Committee or National Council, as the case may be, under thisAct:
Provided that before issuing any such notification, the Central Government shallgive a reasonable opportunity to the Commission, the Board, the Committee or the National
21 of 1860.2 of 1882.
Cognizanceof offences.
Power ofCentralGovernmentto supersedeCommission,Board,Committee orNationalCouncil.
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Council, as the case may be, to make representations against the proposed supersessionand shall consider the representations, if any, of the Commission, the Board, the Committeeor the National Council, as the case may be.
(2) Upon the publication of a notification under sub-section (1) superseding theCommission, the Board, the Committee or the National Council, as the case may be,—
(a) the Chairperson, President, Vice-President and other members shall, as fromthe date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisionsof this Act, be exercised or discharged by or on behalf of the Commission, the Board, theCommittee or the National Council, as the case may be, shall, until the Commission, theBoard, the Committee or the National Council, as the case may be, is reconstitutedunder sub-section (3), be exercised and discharged by the person or persons referred toin sub-section (1); and
(c) all properties owned or controlled by the Commission, the Board, the Committeeor the National Council, as the case may be, shall, until the Commission, the Board, theCommittee or the National Council, as the case may be, is reconstituted under sub-section (3), vest in the Central Government.
(3) On or before the expiration of the period of supersession specified in thenotification issued under sub-section (1), the Central Government shall reconstitute theCommission, the Board, the Committee or the National Council, as the case may be, by a freshappointment of its Chairperson, President, Vice-President and other members and in suchcase any person who had vacated his office under clause (a) of sub-section (2) shall not bedeemed to be disqualified for reappointment.
(4) The Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstancesleading to such action to be laid before each House of Parliament at the earliest.
87. (1) If, at any time the State Government is of the opinion,—
(a) that, on account of circumstances beyond the control of the State Council,it is unable to discharge the functions or perform the duties imposed on it by orunder the provisions of this Act; or
(b) that the State Council has persistently defaulted in complying with anydirection given by the State Government under this Act or in the discharge of thefunctions or performance of the duties imposed on it by or under the provisions of thisAct and as a result of such default the financial position of the State Council, or theadministration of the State Council, has suffered; or
(c) that circumstances exist which render it necessary in the public interest soto do,
the State Government may, by notification, supersede the State Council for such period,not exceeding six months, as may be specified in the notification and appoint a personor persons as the President to exercise powers and discharge functions under this Act:
Provided that before issuing any such notification, the State Government shallgive a reasonable opportunity to the State Council to make representations against theproposed supersession and shall consider the representations, if any, of the State Council.
(2) Upon the publication of a notification under sub-section (1) superseding theState Council,—
(a) the President and other members shall, as from the date of supersession,vacate their offices as such;
Power ofStateGovernmentto supersedeState Council.
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(b) all the powers, functions and duties which may, by or under the provisionsof this Act, be exercised or discharged by or on behalf of the State Council shall, untilthe State Council is reconstituted under sub-section (3), be exercised and dischargedby the person or persons referred to in sub-section (1); and
(c) all properties owned or controlled by the State Council shall, until the StateCouncil is reconstituted under sub-section (3), vest in the State Government.
(3) On or before the expiration of the period of supersession specified in thenotification issued under sub-section (1), the State Government shall reconstitute theState Council, by a fresh appointment of its President and other members and in such caseany person who had vacated his office under clause (a) of sub-section (2) shall not bedeemed to be disqualified for reappointment.
(4) The State Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstancesleading to such action to be laid before State Legislature at the earliest.
88. The President or Vice-President and other Members of the Board, Committee,National Council or State Council, as the case may be, shall immediately after entering officeand every year thereafter, make a declaration to the extent of their interest, whether direct orindirect and whether financial or otherwise, in any health institution which comes under thepurview of the Board, Committee, National Council or State Council, as the case may be, andthe same shall be placed in the public domain.
89. (1) The President or Vice-President and other members of the Board, Committee,National Council or the State Council, as the case may be, on ceasing to hold office shall notfor a period of two years accept any employment (including as consultant or expert orotherwise) in any health educational institution whose matter has been dealt with by suchPresident, Vice-President or member, as the case may be.
(2) Nothing in sub-section (1) shall prevent the President, Vice-President or a member,as the case may be, to accept any employment in any health educational institution controlledor maintained by the Central Government or the State Government.
90. (1) In the event of the occurrence of any vacancy in the office of the President orother member of the Board, Committee, National Council or the State Council, as the casemay be, by reasons of death, removal, suspension or resignation, the senior most whole-timemember of such the Board, Committee, National Council or the State Council, as the case maybe, shall act as the President till such time the President is appointed, to fill the vacancy.
(2) When the President is unable to discharge his functions owing to absence onaccount of leave or otherwise, the senior-most whole-time member shall discharge the functionsof the President till the President is able to discharge his functions.
91. Notwithstanding anything in this Act, no person shall be eligible to be appointedor nominated or elected in any capacity in the Commission, Board, Committee, NationalCouncil or State Council, whether as the Chairperson or President or Vice-President or memberfor more than two terms.
92. The President, Vice-President or a member of the Board, Committee, National Councilor the State Council, as the case may be, may, by notice given in writing under his hand of notless than a period of thirty days, addressed to the Central Government or, as the case may be,the State Government, resign from his office:
Provided that the President, Vice-President or a member of the Board, Committee,National Council or the State Council, as the case may be, shall, unless permitted by theCentral Government or, as the case may be, the State Government, to relinquish office sooner,continue to hold office until the expiry of a period of thirty days from the date of receipt ofsuch notice or until a person duly appointed as his successor enters upon office or until theexpiry of his term of office, whichever is earliest.
Declarationof interest.
Restrictionson re-employment.
Member toact asPresident, orto dischargehis functions,in certaincircumstances.
Restrictionon holdingoffice formore thantwo terms.
Resignationof President,Vice-President or amember ofBoard,Committee,NationalCouncil orState Council.
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93. (1) The Central Government or, as the case may be, the State Government may, byorder, remove from office the President or Vice-President or any member of the Board,Committee, National Council or the State Council, as the case may be, who—
(a) has been adjudged an insolvent; or
(b) being whole-time member has engaged at any time, during his term of office,in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the CentralGovernment, involves moral turpitude; or
(d) has become physically or mentally incapable of acting as such Chairpersonor other Member; or
(e) is of unsound mind and stands so declared by a competent court; or
(f) has been removed or dismissed from the service or office of the CentralGovernment or of a State Government or from a body owned or controlled by theCentral Government or a State Government or from any Central or State statutorybody;
(g) has acquired such financial or other interest as is likely to affect prejudiciallyhis functioning as Chairperson or other Member, as the case may be; or
(h) has so abused his position as to render his continuance in office prejudicialto public interest; or
(i) has been guilty of proved misconduct; or
(j) has been guilty of proved conflict of interest in the discharge of functions.
(2) The President, Vice-President or a member of the Board, Committee, National Councilor State Council, as the case may be, shall not be removed from his office under clause (g) orclause (h) or clause (i) of sub-section (1), unless he has been given a reasonable opportunityof being heard in the matter:
Provided that the Central Government or, as the case may be, the State Governmentmay, if it considers necessary in the public interest, suspend such President, Vice-Presidentor other member.
94. No act or proceeding of the Board, Committee, National Council or State Council,as the case may be, shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board, Committee,National Council or State Council, as the case may be; or
(b) any defect in the appointment of a person as a Member of the Board,Committee, National Council or State Council, as the case may be; or
(c) any irregularity in the procedure of the Board, Committee, new Council orState Council, as the case may be, not affecting the merits of the case.
95. (1) The Board, Committee, National Council or State Council shall be competent toconstitute such other committees for general or special purposes, as it may consider necessaryto carry out the functions assigned to it under this Act.
(2) The Board, Committee, National Council or State Council may engage such expertsfor discharging its functions under this Act for such period, on such qualification and onpayment of such fees and remuneration as may be specified by regulations made byCommission.
96. (1) Every health educational institution under this Act shall at all times maintain awebsite and display all such information as may be required by the Commission, Board orCommittee, as the case may be.
Suspensionand Removalof President,Vice-Presidentor a memberof Board,Committee,NationalCouncil orState Council.
Vacancies,etc., not toinvalidateproceedingsof Board,Committee,NationalCouncil orState Council.
Power toappointcommitteesor experts.
Reporting byuniversitiesandinstitutions.
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(2) The Commission, Board or Committee, as the case may be, shall either themselvesor through such other experts, at any time during the existence of the evaluation or assessment,without any notice may assess the performance standards and benchmarks as displayed bythe University or health institution on its website.
(3) The Central Government may by notification specify such procedure as may benecessary to prevent unfair practices by university or institutions imparting health education.
97. The Commission, Board, Committee or the National Council, may, with priorapproval of the Central Government, establish State or regional level administrative offices,to perform such functions relating to information management, coordination and liaison inthe State or region for which such office is set up.
98. Where any dispute arises regarding any recommendation or advice of Board orCommittee or National Council made to the Commission, it shall be referred to the CentralGovernment whose decision thereon shall be final and binding.
99. (1) Any person aggrieved by an order made by the Commission under section 98may prefer an appeal to the Central Government within such period as may be prescribed.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribedtherefor:
Provided that an appeal may be admitted after the expiry of the period prescribedtherefore if the appellant satisfies the Central Government that he had sufficient cause fornot preferring the appeal within the prescribed period.
(3) Every appeal made under this section shall be made in such form and shall beaccompanied by a copy of the order appealed against and by such fees as may be prescribed.
(4) The procedure for disposing of an appeal shall be such as may be prescribed:
Provided that before disposing of an appeal, the appellant shall be given a reasonableopportunity of being heard.
100. No order refusing to enrol name of any person in the National Register or theState Register, as the case may be, or removing a name therefrom shall be called in questionin any court.
101. No suit, prosecution or other legal proceeding shall lie against any person foranything which has been done or intended to be done in good faith under this Act.
102. The Chairperson, President, Vice-President and Members and the Chief ExecutiveOfficer, Executive Director and other officers and employees of the Commission, Board,Committee, National Council or State Council, as the case may be, shall be deemed to bepublic servants within the meaning of section 21 of the Indian Penal Code.
103. (1) Where the Commission, Board, Committee or National Council, as the casemay be, consider it expedient so to do, it may, by order in writing—
(a) call upon any health educational institution at any time to furnish in writing,such information or explanation relating to its affairs as the Commission, Board,Committee or National Council, as the case may be, may require; or
(b) appoint one or more persons to make an inquiry in relation to the affairs ofany health educational institution; and
(c) direct any of its officers or employees to inspect the books of account orother documents of any health educational institution.
(2) Where any inquiry in relation to the affairs of a health educational institution hasbeen undertaken under sub-section (1),—
State orregionaladministrativeoffices.
Reference ofdispute toCentralGovernment.
Appealagainstdecisions ofCommission.
Bar ofJurisdiction.
Protection ofaction takenin good faith.
Members,etc., to bepublicservants.
45 of 1860.
Powers ofCommission,Board,Committee orNationalCouncil tocall forinformationor conductinvestiga-tions, etc.
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(a) every officer of the Government Department, if such health educationalinstitution is a department of the Government;
(b) every director, manager, secretary or other officer, if such health educationalinstitution is a company; or
(c) every partner, manager, secretary or other officer, if such health educationalinstitution is a firm; or
(3) Every other person or body of persons who has had dealings in the course ofbusiness with any of the persons mentioned in sub-section (2), shall produce before theCommission, Board, Committee or National Council, as the case may be, making the inquiry,all such books of account or other documents in his custody or power relating to, or havinga bearing on the subject-matter of such inquiry and also to furnish to the Commission, Board,Committee or National Council, as the case may be, with any such statement or informationrelating thereto, as the case may be, required of him, within such time as may be specified bythe Commission.
(4) Every health educational institution shall maintain such books of account or otherdocuments as may be specified by regulations made by the Commission.
(5) The Commission, Board, Committee or National Council, as the case may be, shallhave the power to issue such directions to health educational institution as it may considernecessary for proper functioning of such institution.
104. (1) Notwithstanding anything contained in this Act, any student of healtheducational institutions who, immediately before the commencement of this Act was studyingfor a degree, diploma or certificate in any such institution shall continue and complete hiscourse for that degree, diploma or certificate, as the case may be, and such institutions shallprovide for the instruction and examination for such student in accordance with the syllabusof studies as existed before the commencement of this Act and shall be deemed to havecompleted his course of study and awarded degree, diploma or certificate, as the case maybe, under this Act.
(2) Notwithstanding anything contained in this Act, the health educational institutionin case of lapse of its recognition whether by efflux of time or by withdrawal by the Commissionor by its voluntary surrender or for any other reason whatsoever shall continue to maintainand provide the minimum standards of infrastructure approved by the Commission till suchtime that all the candidates are able to complete their study in such institutions.
105. (1) Without prejudice to the foregoing provisions of this Act, the Commission,Board, Committee or National Council, as the case may be, shall, in exercise of its powers andin performance of its functions under this Act, be bound by such directions on questions ofpolicy, as the Central Government may give in writing to it from time to time:
Provided that the Commission, Board, Committee or National Council, as the case maybe, shall, as far as practicable, be given an opportunity to express its views before anydirection is given under this sub-section.
(2) If any dispute arises between the Central Government and the Commission, Board,Committee or National Council, as the case may be, as to whether a question is or is not aquestion of policy, the decision of the Central Government shall be final.
106. (1) Without prejudice to the foregoing provisions of this Act, the State Councilshall, in exercise of its powers and in performance of its functions under this Act, be boundby such directions on questions of policy, as the State Government may give in writing to itfrom time to time:
Provided that the State Council shall, as far as practicable, be given an opportunity toexpress its views before any direction is given under this sub-section.
Completionof courses ofstudies inhealtheducationalinstitutions.
Power ofCentralGovernmentto issuedirections.
Power ofStateGovernmentto issuedirections.
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(2) If any dispute arises between the State Government and the State Council as towhether a question is or is not a question of policy, the decision of the State Governmentshall be final.
107. The Commission, Board, Committee and National Council shall furnish to theCentral Government any information with respect to their activities as the Central Governmentmay from time to time require.
108. The Central Government may, after consultation with the Commission, bynotification, add to or otherwise amend any of the Schedules of this Act for the purposes ofthe Act and thereupon the said Schedules shall be deemed to be amended accordingly.
109. The Central Government may appoint an independent committee once in everyfive years to review the functioning of the Commission, Board, Committee or NationalCouncil, as the case may be.
110. (1) Subject to the provisions of sub-section (2), the provisions of this Act shallhave effect notwithstanding anything inconsistent therewith contained in any other law forthe time being in force or in any instrument having effect by virtue of any law other than thisAct.
(2) The provisions of this Act or the rules made thereunder shall be in addition to, andnot in derogation of, the Indian Medical Degrees Act, 1916.
111. (1) The Central Government may, by notification in the Official Gazette, makerules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the manner of appointment of the Selection Committee under sub-section (1)of section 5;
(b) the term of the Selection Committee under sub-section (3) of section 5;
(c) the salary and allowances payable to and other terms and conditions ofservice of the Chairperson and other members under sub-section (3) of section 6;
(d) the salary and allowances and other terms and conditions of service of theChief Executive Officer and other officers and employees of the Commission undersub-section (5) of section 15;
(e) such other functions to be performed by the Commission under clause (p) ofsub-section (2) of section 16;
(f) any other factors to be considered by the Committee and the Commissionwhile passing an order for approving or disapproving the scheme under clause (g) ofsub-section (8) of section 17;
(g) the manner of appointment of the chairperson and members of the SelectionCommittee under sub-section (1) and their term under sub-section (4) of section 25;
(h) the salary and allowances payable to and other terms and conditions ofservice of the President and other members of the Board under sub-section (3) ofsection 27;
(i) such other functions to be performed by the Board under clause (ze) of sub-section (2) of section 30;
(j) the number of persons to be appointed and the qualifications and experienceof the audit committee under sub-section (1) of section 38;
Commission,Board,Committeeand NationalCouncil tofurnishinformationto CentralGovernment.
Power toamendSchedules.
Review.
Act to haveoverridingeffect.
Power ofCentralGovernmentto make rules.
7 of 1916.
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(k) the procedure and the manner in which the National Councils are to beconstituted under sub-section (1) of section 47;
(l) the manner of conducting elections under sub-section (4) of section 47;
(m) the manner of elections of the President and Vice-President of each NationalCouncil under section 48;
(n) such other functions which the National Council may perform under clause(f) of sub-section (2) of section 51;
(o) the manner in which the National Register shall be maintained under sub-section (1) of section 58;
(p) the manner in which a separate National Register shall be maintained undersub-section (3) of section 58;
(q) the data capturing method by which the National Councils shall maintain theregister under sub-section (4) of section 58;
(r) the manner in which the National Council shall update and publish the Registerunder sub-section (5) of section 58;
(s) such other purposes for which the National Register may be used under sub-section (7) of section 58;
(t) the manner in which an application may be made for entry of additionalqualifications under section 66;
(u) the composition of and the procedure to be followed by the ethics committeeand the ethics appellate committee and terms and conditions of such members undersub-section (4) of section 70;
(v) the form in which an annual statement of accounts shall be maintained undersub-section (1) of section 77;
(w) the time and the form in which an annual report shall be furnished under sub-section (1) of section 78;
(x) the period within which appeal may be preferred to the Central Governmentunder sub-section (1) of section 99;
(y) the form of application and the fees to be paid under sub-section (3), and theprocedure for disposing of an appeal under sub-section (4) of section 99;
(z) any other matter which is to be, or may be, prescribed, or in respect of whichprovision is to be, or may be made by rules.
112. (1) The Commission may, with prior approval of the Central Government, bynotification, make regulations consistent with this Act and the rules made thereunder, tocarry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision,such regulation may provide for all or any of the following matters, namely:—
(a) the conduct of business at the meetings of the Commission under sub-section (5) of section 13;
(b) the functions to be discharged by the Chief Executive officer under sub-section (2) of section 15;
(c) the continuous medical education and the courses workshops and trainingactivities under clause (l) and such other functions under clause (p) of sub-section (2)of section 16;
(d) the form, particulars and manner in which the scheme shall be made and thefees for submission of the scheme under sub-section (3) of section 17;
Power ofCommissionto makeregulations.
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(e) the functions in respect of which fees and charges may be levied undersection 22;
(f) the salaries and allowances payable to, and other terms and conditions ofservice of the other officers and employees of the Board under sub-section (4) ofsection 28;
(g) the manner of conducting examination for entry to graduate, post graduate,doctoral, post doctoral, super speciality or diploma courses and fellowship examinationby the Board under section 31;
(h) the salary and allowances payable to and other terms and conditions ofservice of the President and other members of the Committee under sub-section (3) ofsection 36;
(i) the qualifications and experience of, and the manner of evaluation andassessment of health educational institutions by, the evaluation and assessmentagencies under sub-section (5) of section 37;
(j) the salary and allowances payable to and other terms and conditions ofservice of the Executive Director and other officers and employees of the Committeeunder sub-section (3) of section 39;
(k) the fees and the conditions for re-entry of name of the person under sub-section (2) of section 59;
(l) the period of suspension of the right of person to participate in elections tocouncil under sub-section (2) of section 62;
(m) the circumstances and manner of removal of name of any person enrolled bythe National Council, or as the case may be, the State Council under sub-section (1) ofsection 71;
(n) the manner of filing a complaint with the State Council under sub-section (1)of section 72;
(o) the period for which the Board, Committee, National Council or State Councilmay engage committees or experts, the qualifications of such experts and the fees andremunerations to be paid under sub-section (2) of section 95;
(p) the books of account and other documents to be maintained by healtheducational institutions under sub-section (4) of section 103;
(q) any other matter for which provision may be made by regulations by theCommission under this Act.
113. (1) The State Government may, by notification in the Official Gazette, make rulesto carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—
(a) the manner in which the State Councils are to be constituted and itscomposition under sub-section (1) of section 53;
(b) the period of State Council to continue under sub-section (5) of section 53;
(c) the manner of election of the President and Vice-President of the State Councilto be elected by the members under sub-section (1) of section 54;
(d) the manner in which the State Register shall be maintained under sub-section(2) of section 58;
(e) the data capturing method by which the State Councils shall maintain theregister under sub-section (4) of section 58;
Power ofStateGovernmentto make rules.
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(f) the manner in which the State Council shall update and publish the Registerunder sub-section (5) of section 58;
(g) any other matter for which provision may be made by rules by the StateGovernment under this Act.
114. (1) Every rule and every regulation made and every notification issued by theCentral Government under this Act, shall be laid, as soon as may be after it is made orissued, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if,before the expiry of the session immediately following the session or the successive sessionsaforesaid, both Houses agree in making any modification in the rule or regulation ornotification or both Houses agree that the rule or regulation or notification should not bemade or issued, the rule or regulation or notification shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so, however, that any such modificationor annulment shall be without prejudice to the validity of anything previously done underthat rule or regulation or notification.
(2) Every rule made by the State Government and every regulation made by the StateCouncil shall be laid, as soon as may be after it is made, before each House of the statelegislature where it consists of two Houses, or where such Legislature consists of oneHouse, before that House.
115. (1) Where the Central Government considers it expedient so to do, it may, byorder in writing, direct the Commission or Board or Committee or National Council, as thecase may be, to make any regulations or to amend or revoke any regulations already madewithin such period as it may specify in this behalf.
(2) If the Commission or Board or Committee or National Council, as the case may be,fails or neglects to comply with such order within the specified period, the Central Governmentmay make the regulations or amend or revoke the regulations made by the Commission orBoard or Committee or National Council, as the case may be, either in the form specified inthe order or with such modifications thereof as the Central Government thinks fit.
116. (1) If any difficulty arises in giving effect to the provisions of this Act, theCentral Government may, by order, published in the Official Gazette, make such provisions,not inconsistent with the provisions of this Act, as may appear to it to be necessary forremoving the difficulty:
Provided that no order shall be made under this section after the expiry of two yearsfrom the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it ismade, before each House of Parliament.
117. (1) With effect from such date as the Central Government may appoint in thisbehalf, the Indian Nursing Council Act, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948and the Indian Medical Council Act, 1956 shall stand repealed and the Nursing Council ofIndia, the Pharmacy Council of India, the Dental Council of India and Medical Council ofIndia shall stand dissolved:
Provided that during the period between the date of coming into force of this Act anddate of repeal of the enactments mentioned in this sub-section, the existing Nursing Councilof India, the Pharmacy Council of India, the Dental Council of India and the Medical Councilof India, as the case may be, shall not take any decision or action, except with the priorapproval of the Commission on any matter specified by it.
(2) On the commencement of this Act, every existing Council shall be transferred to,and shall vest in, the Commission.
(3) Each existing Council which is transferred to, and which vest in, the Commissionshall be deemed to include all assets, rights, powers, authorities and privileges and allproperty, movable and immovable, cash balances, reserve funds, investments and all other
Laying ofrules andregulations.
Powers ofCentralGovernmentto directregulations tobe made or tomake oramendregulations.
Power toremovedifficulties.
Repeal andsavings.48 of 1947.
8 of 194816 of 1948.102 of 1956.
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rights and interests in, or arising out of, such property as were immediately before thecommencement of this Act in the ownership, possession, power or control of the existingCouncil, whether within or without India, and all books of account, registers, records and allother documents of whatever nature relating thereto and shall also be deemed to include allborrowings, liabilities and obligations of whatever kind then subsisting of the existing Council.
(4) If, according to the laws of any country outside India, the provisions of this Actby themselves are not effective to transfer or vest any asset or liability situated in thatcountry which forms part of an existing Council to, or in, the Commission, the affairs of theexisting Council in relation to such asset or liability shall, on and from the commencement ofthis Act, stand entrusted to the Chief Executive Officer for the time being of the Commission,and the Chief Executive Officer may exercise all powers and do all such acts and things asmay be exercised or done by the existing Council for the purpose of effectively transferringsuch assets and discharging such liabilities.
(5) The Chief Executive Officer of the Commission shall, in exercise of the powersconferred on him by sub-section (4), take all such steps as may be required by the laws ofany such country outside India for the purpose of effecting such transfer or vesting, andmay either himself or through any person authorised by him in this behalf realise any assetand discharge any liability of the existing Council.
(6) Unless otherwise expressly provided by this Act, all contracts, deeds, bonds,agreements, powers of attorney, grants of legal representation and other instruments ofwhatever nature subsisting or having effect immediately before the commencement of thisAct and to which the existing Council is a party or which are in favour of the existingCouncil shall be of as full force and effect against or in favour of the Commission, and maybe enforced or acted upon as fully and effectually as if in the place of the existing Council,the Commission had been a party thereto or as if they had been issued in favour of theCommission.
(7) If, on the appointed day, any suit, appeal or other proceeding of whatever naturein relation to any existing Council which has been transferred under sub-section (2) ispending by or against the existing Council, the same shall not abate, be discontinued or be,in any way, prejudicially affected by reason of the transfer of the existing Council or ofanything contained in this Act but the suit, appeal or other proceeding may be continued,prosecuted and enforced by or against the Commission.
(8) Nothing in this Act shall be construed as applying to the assets, rights, powers,authorities and privileges and property, movable and immovable, cash balances andinvestments in any country outside India (and other rights and interests in, or arising outof, such property) and borrowings, liabilities and obligations of whatever kind subsisting atthe commencement of this Act, of any existing Council operating in that country if, underthe laws in force in that country.
(9) Notwithstanding such repeal, anything done or any action taken under theprovisions of the aforesaid Acts shall, insofar as such thing or action is not inconsistentwith the provisions of this Act, be deemed to have been done or taken under the provisionsof this Act as if the said provisions were in force when such thing was done or such actiontaken, and shall continue in force.
118. (1) Every officer or other employee of the existing Council (except the President,Vice-President and members of the existing Council) or the National Board of Examinations,as the case may be, serving in the employment immediately before the appointed day shallbecome, as from the appointed day, an officer or, as the case may be, other employee of theCommission and shall hold his office or service therein by the same tenure, at the sameremuneration, upon the same terms and conditions, with the same obligations and with thesame rights and privileges as to leave, leave fare concession, welfare scheme, medicalbenefit scheme, insurance, provident fund, other retirement funds, voluntary retirement,gratuity and other benefits as he would have held under the existing Council if its undertaking
Provisions inrespect ofofficers andotheremployees ofexistingCouncil andNationalBoard ofExamina-tions.
14 of 1947.
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had not vested in the Commission and shall continue to do so as an officer or, as the casemay be, other employee of the existing Council or until the expiry of a period of six monthsfrom the appointed day if such officer or other employee opts not to continue to be theofficer or other employee of the existing Council within such period.
(2) The Commission may transfer any officer or other employee or the services ofsuch officers or other employees as it may deem fit, to the Board, Committee or the NationalCouncil.
(3) Where an officer or other employee of the existing Council opts under sub-section(1) not to be in employment or service of the Commission, such officer or other employeeshall be deemed to have resigned.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in anyother law for the time being in force, the transfer of the services of any officer or otheremployee of the existing Council or the National Board of Examinations, as the case may be,to the Commission shall not entitle such officer or other employee to any compensationunder this Act or under any other law for the time being in force and no such claim shall beentertained by any court, tribunal or other authority.
(5) The officer and other employees who have retired before the appointed day fromthe service of the existing Council or the National Board of Examinations, as the case maybe, and are entitled to any benefits, rights or privileges shall be entitled to receive the samebenefits, rights or privileges from the Commission.
(6) The provident fund or the gratuity fund of the existing Council or the NationalBoard of Examinations, as the case may be, and any other bodies created for the welfare ofofficer or other employees would continue to discharge their functions in the Commissionas was being done hitherto in the existing Council or the National Board of Examinations, asthe case may be, and any tax exemption granted to the provident fund or the gratuity fundwould continue to be applied to the Commission.
(7) Notwithstanding anything contained in this Act or in the Companies Act, 1956 orin any other law for the time being in force or in the regulations of the existing Council or theNational Board of Examinations, as the case may be, the President or Vice-President ormember or the trustees, executive trustee or any other person entitled to manage the wholeor substantial part of the business and affairs of the existing Council or the National Boardof Examinations, as the case may be, shall not be entitled to any compensation against theCommission for the loss of office or for the premature termination of any contract ofmanagement entered into by him with the Commission.
119. (1) Notwithstanding the repeal of the Indian Nursing Council Act, 1947, thePharmacy Act, 1948, the Dentists Act, 1948 and the Indian Medical Council Act, 1956, theeducational standards, requirements and other provisions of the Indian Nursing CouncilAct, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and the Indian Medical CouncilAct, 1956 and the rules and regulations made thereunder shall continue to be in force andoperate till new standards are specified under this Act or the rules and regulations madethereunder:
Provided that anything done or any action taken as regards the educational standardsand requirements under the enactments under repeal and the rules and regulations madethereunder shall be deemed to have been done or taken under the corresponding provisionsof this Act and shall continue in force accordingly unless and until superseded by anythingdone or by any action taken under this Act:
Provided further that all such courses that are being conducted by the National Boardof Examinations shall continue till the Central Government on the advice of the Commissionnotifies the constitution of the Board under this Act.
1 of 1956.
Transitoryprovisions.
14 of 1947.
48 of 1947.
8 of 1948
16 of 1948.
102 of 1956.
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(2) The Central Government may, if considered necessary by notification, take suchappropriate measures as may be necessary for smooth transition of repealed Councils tothe corresponding new Councils and the existing National Board of Examination to theBoard under this Act.
120. In case of any difference of opinion with the National Commission for HigherEducation constituted under the National Commission for Higher Education and ResearchAct, 2011, the same may be referred to the Joint Mechanism constituted under section 52 ofthe National Commission for Higher Education and Research Act, 2011 for resolution ofsuch difference of opinion in accordance with the provisions of that Act.
Resolution ofdifference ofopinion byJointMechanism.
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THE FIRST SCHEDULE
[See sections 2(i) and (o) and section 41(1)]
Existing Council Corresponding new National Council
(1) (2)
The Medical Council of India for medicine The Medical Council of India formedicine
The Dental Council of India for dentistry The Dental Council of India for dentistry
The Nursing Council of India for nursing The Nursing Council of India fornursing
The Pharmacy Council of India for pharmacy The Pharmacy Council of India forpharmacy
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THE SECOND SCHEDULE
SCHEDULE OF MEDICAL QUALIFICATIONS
[See section 2 (zc) (a) and section 18]
Part 1—Graduate Medical Qualifications
Graduate Medical Courses—Courses where entry is permitted after passing the10+2 examination;
Part 2—Post Graduate Medical Qualifications
Post Graduate Medical Courses—Courses where entry is permitted after passingthe graduate medical examination;
Part 3—Super Speciality Medical Qualifications
Super Speciality Medical Courses—Courses where entry is permitted after passingthe Post Graduate Medical examination;
Part 4—Doctoral Medical Qualifications
Doctoral Medical Courses—Courses where entry is permitted after passing thePost graduate medical examination;
Part 5—Post Doctoral Medical Qualifications
Post Doctoral Medical Courses—Courses where entry is permitted after passingthe Doctoral medical examination;
Part 6—Foreign Medical Qualifications
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THE THIRD SCHEDULE
SCHEDULE OF DENTAL QUALIFICATIONS
[See section 2 (zc) (b) and section 18]
Part 1—Graduate Dental Qualifications
Graduate Dental Courses—Courses where entry is permitted after passing the10+2 examination;
Part 2—Post Graduate Dental Qualifications
Post Graduate Dental Courses—Courses where entry is permitted after passingthe graduate Dental examination;
Part 3—Doctoral Dental Qualifications
Doctoral Dental Courses—Courses where entry is permitted after passing thePost graduate Dental examination;
Part 4 —Post Doctoral Medical Qualifications
Post Doctoral Dental Courses—Courses where entry is permitted after passing theDoctoral Dental examination;
Part 5 – Foreign Dental Qualifications
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THE FOURTH SCHEDULE
SCHEDULE OF NURSING QUALIFICATIONS
[See section 2 (zc) (c) and section 18]
Part 1—Graduate Nursing Qualifications
Graduate Nursing Courses—Courses where entry is permitted after passing the10+2 examination;
Part 2—Post Graduate Nursing Qualifications
Post Graduate Dental Courses—Courses where entry is permitted after passingthe graduate Nursing examination;
Part 3—Doctoral Nursing Qualifications
Doctoral Dental Courses—Courses where entry is permitted after passing thePost graduate Nursing examination;
Part 4 – Foreign Nursing Qualifications
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THE FIFTH SCHEDULE
SCHEDULE OF PHARMACY QUALIFICATIONS
[See section 2 (zc) (d) and section 18]
Part 1—Graduate Pharmacy Qualifications
Graduate Pharmacy Courses—Courses where entry is permitted after passing the10+2 examination;
Part 2—Post Graduate Pharmacy Qualifications
Post Graduate Pharmacy Courses—Courses where entry is permitted after passingthe graduate Pharmacy examination;
Part 3—Doctoral Pharmacy Qualifications
Doctoral Pharmacy Courses—Courses where entry is permitted after passing thePost graduate Pharmacy examination;
Part 4 – Foreign Pharmacy Qualifications
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THE SIXTH SCHEDULE
SCHEDULE OF PARAMEDICAL QUALIFICATIONS
[See section 2 (zc) (e) and section 18]
Part 1—Graduate Paramedical Qualifications
Graduate Paramedical Courses—Courses where entry is permitted after passingthe 10+2 examination;
Part 2—Post Graduate Paramedical Qualifications
Post Graduate Paramedical Courses—Courses where entry is permitted after passingthe graduate Paramedical examination;
Part 3 —Foreign Paramedical Qualifications
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THE SEVENTH SCHEDULE
PROFESSIONAL MISCONDUCT
[See section 68]
PART I
A health practitioner shall be deemed to be guilty of professional misconduct, if he–
(1) allows any person to practice in his name as a health professional unlesssuch person is also a health practitioner and is in partnership with or employed byhim;
(2) pays or allows or agrees to pay or allow, directly or indirectly, any share inthe fees or profits of his professional business, to any person other than a member ofthe National Council or the State Council or a partner or a retired partner or the legalrepresentative of a deceased partner, or a member of any other professional body orwith such other persons having the recognised qualifications for the purpose ofrendering such professional services from time to time in or outside India.
Explanation.—In this clause, “partner” includes a person residing outsideIndia with whom a health practitioner has entered into partnership which is not incontravention of clause (4);
(3) accepts or agrees to accept any part of the profits of the professional workof a person who is not a member of the National Council or the State Council:
Provided that nothing herein contained shall be construed as prohibiting amember from entering into profit sharing or other similar arrangements, includingreceiving any share or commission in the fees, with a member of the National Councilor State Council or other person having the recognised qualifications referred to inclause (2);
(4) enters into partnership, in or outside India, with any person other than ahealth practitioner or such other person who is a member of any other professionalbody having the recognised qualifications, including a resident, who but for hisresidence abroad would be entitled to be enrolled as a member of the National Councilor the State Council;
(5) secures any professional business, either through the services of a personwho is not an employee of such health professional or who is not his partner or bymeans which are not open to a health professional:
Provided that nothing herein contained shall be construed as prohibiting anyarrangement permitted in terms of clauses (2) and (3);
(6) solicits patients or professional work, either directly or indirectly, by circular,advertisement, personal communication or interview or by any other means:
Provided that nothing herein contained shall be construed as preventing orprohibiting—
(i) any health professional from applying or requesting for or inviting orsecuring professional work from another health practitioner;
(ii) a member from responding to tenders or enquiries issued by varioususers of professional services or organisations from time to time and securingprofessional work as a consequence;
(7) advertises his professional attainments or services, uses any designation orexpressions other than health professional on professional documents, visiting cards,letterheads or sign boards, unless it be a degree of a University established by law inIndia or recognised by the Central Government or by the Commission or of any other
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institution that has been recognised by the Central Government or may be recognisedby the Commission:
Provided that a health practitioner may advertise through a write up setting outthe services provided by him or his health Institute and particulars of his healthInstitute subject to such guidelines as may be issued by the Commission;
(8) accepts a position as a health practitioner previously held by another healthpractitioner without first communicating with him in writing;
(9) charges or offers to charge, accepts or offers to accept, in respect of anyprofessional employment, fees which are based on a percentage of profits or whichare contingent upon the findings, or result of such employment, except as permittedunder the Act or the rules or regulations made thereunder;
(10) engages in any business or occupation other than health profession unlesspermitted by the Commission so to engage:
Provided that nothing contained herein shall disentitle a health professionalfrom being a director of a company except as provided in the Companies Act, 1956;
(11) allows a person not being a member of the National Council or the StateCouncil, or a member not being his partner to sign on his behalf or on behalf of hishealth Institute, anything which he is required to certify as a health professional; orany other statements relating thereto;
(12) discloses information acquired in the course of his professional engagementto any person other than his patient so engaging him, without the consent of hispatient, or otherwise than as required by any law for the time being in force;
(13) certifies or submits in his name, or in the name of his health Institute, areport of an examination of the matters relating to his health and related statementsunless the examination of such statements has been made by him or by a partner or anemployee in his health Institute or by another health practitioner;
(14) permits his name or the name of his health Institute to be used in connectionwith any report or statement contingent upon future treatment in a manner which maylead to the belief that he vouches for the accuracy of the diagnosis;
(15) fails to disclose a material fact known to him in his report or diagnosis butthe disclosure of which is necessary in making such report or statement, where he isconcerned with such report or statement in a professional capacity;
(16) fails to report a material mis-statement known to him and with which he isconcerned in a professional capacity;
(17) does not exercise due diligence, or is grossly negligent in the conduct ofhis professional duties;
(18) fails to obtain sufficient information which is necessary for expression ofan opinion or its exceptions are sufficiently material to negate the expression of anopinion;
(19) fails to invite attention to any material departure from the generally acceptedprocedure relating to the health practice;
(20) fails to keep moneys of his patient other than fees or remuneration ormoney meant to be expended in a separate banking account or to use such moneysfor purposes for which they are intended within a reasonable time.
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PART II
A health professional shall be deemed to be guilty of professional misconduct, if he—
(1) does not maintain the health records of his indoor patients for a period ofthree years or refuses to provide the same within a period of 72 hours after the patientor his authorised representative makes a request for it;
(2) does not display the registration number accorded to him by the NationalCouncil or the State Council, or maintain prescriptions and certificates, etc., issued byhim, in his clinic;
(3) abuses his professional position by committing adultery or improper conductwith a patient or maintaining an improper association with a patient;
(4) is convicted by a court of law for offences involving moral turpitude orcriminal acts;
(5) conducts sex determination test with the intent to terminate the life of afemale foetus developing in her mother’s womb, unless there are other absoluteindications for termination of pregnancy as specified in the Medical Termination ofPregnancy Act, 1971;
(6) signs or issues certificates, notification, reports and other documents ofsimilar character in his professional capacity for subsequent use in the courts or foradministrative purposes which is untrue, misleading or improper;
(7) contravenes the provisions of the Drugs and Cosmetics Act, 1940 and therules or regulations made thereunder by prescribing steroids or psychotropic drugswhen there is no absolute medical indication; or sells Schedule ‘H’ and ‘L’ drugs andpoisons to the public, except to his patient;
(8) performs or enables unqualified person to perform an abortion or any illegaloperation for which there is no medical, surgical or psychological indication;
(9) issues certificates of efficiency in modern medicine to unqualified or non-medical person:
Provided that nothing in this clause shall restrict the proper training andinstruction of bona fide students, midwives, dispensers, surgical attendants, or skilledmechanical and technical assistants and therapy assistants under the personalsupervision of the health professional;
(10) contributes to the press articles and give interviews regarding diseasesand treatments which may have the effect of advertising himself or soliciting practices:
Provided that nothing in this clause shall restrict him from writing to the pressunder his own name on matters of public health, hygienic living or to deliver publiclectures, give talks on the radio or television or internet chat;
(11) advertises about an institution run by him such as a maternity home,nursing home, private hospital, rehabilitation centre or any type of training institutionin the press, and such advertisements contains anything more than the name of theinstitution, type of patients admitted, type of training and other facilities offered andthe fees;
(12) uses an unusually large sign board containing anything other than hisname, qualifications obtained from a University or a statutory body, titles and nameof his speciality, registration number including the name of the National Council orthe State Council under which registered, or affixes a sign-board on a chemist’s shopor in places where he does not reside or work;
(13) discloses the secrets of a patient that have been learnt in the exercise of hisprofession except—
(i) in a court of law under orders of the Court; or
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(ii) in circumstances where there is a serious and identified risk to aspecific person or community; or
(iii) in case of communicable or notifiable diseases, in which case publichealth authorities shall be informed immediately;
(14) refuses on religious grounds alone, to give assistance in or conduct ofsterility, birth control, circumcision and medical termination of pregnancy when thereis medical indication, unless the health practitioner feels himself incompetent to doso;
(15) fails to obtain in writing, before performing an operation, the consent fromthe husband or wife, parent or guardian in the case of minor, or the patient himself, asthe case may be, or in an operation which may result in sterility, the consent of bothhusband and wife;
(16) publishes photographs or case reports of his patients without theirpermission, in any medical or other journal in a manner by which their identity couldbe made out:
Provided that if the identity is not to be disclosed, the consent is not needed;
(17) uses touts or agents for procuring patients;
(18) claims to be a specialist without a special qualification in that branch;
(19) undertakes invitro fertilisation or artificial insemination without the informedconsent in writing of the female patient, her spouse as well as the donor, with sufficientinformation about the purpose, methods, risks, inconveniences, disappointments ofthe procedure and possible risks and hazards;
(20) conducts clinical drug trials or other research involving patients orvolunteers in violation of the guidelines of the Indian Council of Medical Research;
(21) being a health professional posted in rural area, is found absent on morethan two occasions during inspection by the Head of the District Health Authority orthe Chairman, Zila Parishad and the same is recommended to the National Council orthe State Council, as the case may be, by the State Government for action;
(22) being a health professional posted in a health college or institution bothas teaching faculty or otherwise, is found absent on more than two occasions duringthe assigned duty hours and the same is certified by the Principal or MedicalSuperintendent and forwarded through the State Government to National Council orthe State Council, as the case may be, for action.
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STATEMENT OF OBJECTS AND REASONS
The National Commission for Human Resources for Health Bill, 2011 seeks toconsolidate the law in certain disciplines of health sector and promote human resources inhealth sector and provide for mechanism for the determination, maintenance, co-ordinationand regulation of standards of health education throughout the country to ensure adequateavailability of human resources in all States and for the said purpose to establish the NationalCommission for Human Resources for Health to supervise and regulate professional Councilsin various disciplines of health sector.
2. At present various disciplines of health are supervised and regulated by theirrespective professional Council’s, namely, the Medical Council of India, the Dental Councilof India, the Pharmacy Council of India and the Indian Nursing Council. The broad vision ofhuman resources in terms of quantity, composition and quality required for enabling thecountry’s health system to provide health care for all, is hidden from the perspective of theseindividual regulatory bodies. Any effort to make piecemeal changes in the statutes of theexisting regulatory bodies is not likely to bring any substantial reform in the field of healtheducation and services. To address these issues it is felt necessary to establish a NationalCommission for Human Resources for Health to provide an institutional framework to promoteavailability of health care providers in all parts of the country to reduce shortages, standardisequality and bridge the uneven distribution of existing work force in the health sector.
3. In view of the above, it is proposed to enact a law, namely, the National Commissionfor Human Resources for Health Bill, 2011 which, inter-alia, makes provision that theCentral Government shall by notification establish the National Commission for HumanResources for Health with three constituent bodies, namely the National Board of HealthEducation, the National Evaluation and Assessment Committee and the National Councils,with distinct responsibilities for regulating educational standards; enforcing the standardsand assuring quality and governing medical practice along ethical norms. It would also bethe task of the Commission to ensure effective use of linkages in the entire health system, actas the controlling and co-ordinating agency that ensures accountability in the system and tofacilitate interconnectivity among and between disciplines to meet the needs of a diverseand growing health system in the country.
4. The National Commission for Human Resources for Health Bill, 2011 inter alia,provides for the following, namely:—
(a) to establish the National Commission for Human Resources for Healthconsisting of a Chairperson, four whole-time members and eight part-time members tobe appointed by the Central Government on the recommendations of the SelectionCommittee;
(b) to enable the Commission to formulate action plans for development ofhuman resources for health in accordance with the policy and priorities laid down bythe Central Government from time to time and to determine, maintain and coordinatethe minimum standards of and promote the human resources, in discipline of healtheducation and training commensurate with the requirement, of such resources indifferent States and Union territories;
(c) to constitute the National Board for Health Education in the place of theNational Board of Examinations to take measures to facilitate and promote academicstudies and research in emerging areas of health education with focus on professionalhealth education and to ensure uniform augmentation of trained specialists and superspecialists to achieve excellence in these and connected areas;
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(d) to constitute the National Evaluation and Assessment Committee to takemeasures to develop and regulate the process of evaluation and assessment ofinstitutions imparting health education and programmes conducted therein, and monitorthe functioning of agencies recommended by the Commission;
(e) to establish new National Councils to be known as the Medical Council ofIndia for medicine, the Dental Council of India for dentistry, the Nursing Council ofIndia for nursing, the Pharmacy Council of India for pharmacy in the place of existingCouncils and also to establish a new Paramedical Council of India for the discipline ofparamedics and to confer powers upon the State Governments to constitute therespective State Councils;
(f) to enable the National Councils and the State Councils to take measures toenrol persons having recognised qualifications to enable them to practice in respectivediscipline of health and to regulate the profession of respective discipline of health;
(g) to constitute a fund to be called “the National Commission for HumanResources for Health Fund” ;
(h) to transfer the assets, liabilities, rights, duties, etc., of the existing Councils tothe Commission;
(i) to provide for punishment, penalty or both for contravening the provisionsof the proposed legislation;
(j) to empower the Central Government to supersede the Commission, Board,Committee or National Council and also to empower the State Governments tosupersede the State Councils;
(k) to repeal the Indian Nursing Council Act, 1947, the Pharmacy Act, 1948, theDentists Act, 1948 and the Indian Medical Council Act, 1956 and to dissolve theNursing Council of India, the Pharmacy Council of India, the Dental Council of Indiaand the Medical Council of India.
5. The notes on clauses explain in detail the various provisions contained in the Bill.
6. The Bill seeks to achieve the above objects.
GHULAM NABI AZAD.NEW DELHI;
The 20th December, 2011
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Notes on clauses
Clause 2.—This clause defines various expressions used in the Bill. It, inter alia,defines expressions “appropriate statutory regulatory body”, “approved institution”, “codeof ethics”, “corresponding new National Council”, “discipline of health”, “evaluation andassessment”, “foreign qualifications”, “health professional”, “National Register”, “recognisedqualification”, “trained specialist” and “university” used in the Bill.
Clause 3.—This clause relates to establishment of the National Commission for HumanResources for Health.
It provides that the Central Government shall, by notification, establish a body to becalled the National Commission for Human Resources for Health to exercise the powersconferred on, and to perform the functions assigned to, it under the proposed legislation.The Commission shall be a body corporate by the name aforesaid, having perpetualsuccession and a common seal, with power, subject to the provisions of the proposedlegislation, to acquire, hold and dispose of property, both movable and immovable, and tocontract, and shall, by the said name, sue or be sued.
It further provides for the composition of the Commission. The Commission shallconsist of a Chairperson, four whole-time members; and eight part-time members to beappointed, by the Central Government, on the recommendations of the Selection Committeeconstituted under clause 5.
It also provides that the president of the National Board for Health Education, thepresident of the National Evaluation and Assessment Committee, the president of the eachNational Council and the Chairperson or a Member of the National Commission for HigherEducation and Research of the proposed legislation—Members, ex officio and all the Membersincluding ex officio Members shall have voting rights.
Clause 4.—This clause provides for qualifications for appointment of Chairpersonand Members of the Commission.
It provides that the Chairperson shall be a person of eminence, integrity, administrativecapability and outstanding ability with a post graduate degree in the discipline of medicalscience from a university, and having not less than twenty-five years experience in theprofession, out of which at least fifteen years shall be in a leadership role, in the area of healthcare delivery, growth and development of modern medicine or medical education and theother Members shall be persons of eminence, integrity, administrative capability andoutstanding ability with a post graduate degree in the discipline of medical education, dentaleducation, nursing education, pharmacy education, public health, management, science andtechnology, or law from a university, and having not less than twenty years experience in theprofession, out of which at least fifteen years shall be in a leadership role, in the area of healthcare delivery, growth and development of modern medicine or medical education.
It further provides that out of twelve Members, four whole-time Members shall beappointed by the Central Government from the disciplines of medicine, dentistry, nursing,pharmacy and paramedics; and eight part-time Members shall be appointed from the disciplinesof medicine, dentistry, nursing, pharmacy, paramedics, management, science and technologyand law and no person, who is not a citizen of India, shall be eligible to be appointed as theChairperson or a Member.
Clause 5.— This clause provides for constitution of the Selection Committee.
It provides that the Central Government shall constitute a Selection Committeeconsisting of a person of eminence having qualification and experience of at least twenty-five years in medical profession as Chairperson and five other experts of eminence from thediscipline of medical and allied health sciences, management, science and technology havingqualification and experience of at least twenty years in the discipline, as members, in suchmanner as may be prescribed.
It further provides that the Secretary to the Government of India in charge of the UnionMinistry of Health (Department of Health and Family Welfare) shall be the Convenor and theterm of the Selection Committee shall be in such manner as may be prescribed.
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It also provides that the Selection Committee shall finalise the selection of theChairperson and Members of the Commission within two months from the date on which thereference is made to it by the Central Government in this behalf and shall recommend a panelof two names for every vacancy referred to it and before recommending any person forappointment as a Chairperson or a Member of the Commission, the Selection Committee shallsatisfy itself that such person does not have any financial or other conflict of interest, whichis likely to affect prejudicially his functions as Chairperson or Member. However, noappointment of the Chairperson or Member of the Commission shall be invalid merely byreason of any vacancy in the Selection Committee and it may regulate its own procedure.
It also provides that the Central Government shall initiate the process of appointmentin respect of any vacancy due to arise in the office of the Chairperson or of other Membersof the Commission, six months prior to the date of arising of such vacancy. However, in casea vacancy arises in the Selection Committee for the reason of death or removal, or resignationfrom office, such vacancy shall be filled expeditiously, within six months from the date onwhich the vacancy has arisen.
Clause 6.— This clause provides for the tenure, terms and conditions of service ofChairperson and Members.
It, inter alia, provides the Chairperson and other Members of the Commission shallhold office for a term of four years from the date on which he enters upon his office and beeligible for re-appointment for another term. The Chairperson or Member shall not hold officeafter he has attained the age of seventy years. The Chairperson and other Members shallhold office during the pleasure of the Central Government.
It further provides that the salary and allowances payable to and other terms andconditions of service of the Chairperson and other Members shall be such as may be prescribed.
Clause 7.— This clause provides for declaration of interest.
It provides that the Chairperson and other Members, shall immediately after enteringoffice and every year thereafter, make a declaration to the extent of their interest, whetherdirect or indirect and whether financial or otherwise, in any health institution or any otherinstitution which comes under the purview of the Commission and the same shall be displayedon the website of the Commission.
Clause 8.—This clause relates to restrictions on re-employment.
It provides that the Chairperson and other Members, on ceasing to hold office shallnot, for a period of two years, accept any employment (including as consultant or expert orotherwise) in any health educational institution whose matter has been dealt with by suchChairperson or Member, as the case may be, or has been before the Commission when heheld office as such Chairperson or Member. It further provides that nothing shall prevent theChairperson or a Member, to accept any employment in any health educational institutioncontrolled or maintained by the Central Government or the State Government.
Clause 9.— This clause provides for general superintendence, direction andmanagement of affairs.
It provides that subject to the other provisions of the proposed legislation, the generalsuperintendence, direction and control of the administration shall vest in the Chairperson.
Clause 10.—This clause provides for Member to act as Chairperson, or to dischargehis functions, in certain circumstances.
It provides that in the event of the occurrence of any vacancy in the office of theChairperson by reason of death, removal, suspension or resignation, the senior most wholetime Member shall act as the Chairperson till such time the Chairperson is appointed, to fillthe vacancy. It further provides that when the Chairperson is unable to discharge his functionsowing to absence on account of leave or otherwise, the senior most whole-time Membershall discharge the functions of the Chairperson till the Chairperson is able to discharge hisfunctions.
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Clause 11.—This clause provides for resignation of Chairperson or Member.
It provides that the Chairperson or a Member may, by notice given in writing under hishand of not less than a period of thirty days, addressed to the Central Government, resignfrom his office. It further provides that the Chairperson or the Member shall, unless permittedby the Central Government to relinquish office sooner, continue to hold office until the expiryof a period of thirty days from the date of receipt of such notice or until a person dulyappointed as his successor enters upon office or until the expiry of his term of office,whichever is earliest.
Clause 12.—This clause provides for removal and suspension of Chairperson orMember from office in certain circumstances.
It provides that the Central Government may, by order, remove from office theChairperson or any Member, who, has been adjudged an insolvent; or being a whole-timeMember, has engaged at any time, during his term of office, in any paid employment; or hasbeen convicted of an offence which, in the opinion of the Central Government, involvesmoral turpitude; or has become physically or mentally incapable of acting as such Chairpersonor other Member; or is of unsound mind and stands so declared by a competent court; or hasbeen removed or dismissed from the service or office of the Central Government or of a StateGovernment or from a body owned or controlled by the Central Government or a StateGovernment or from any Central or State statutory body; has acquired such financial or otherinterest as is likely to affect prejudicially his functions as Chairperson or other Member, asthe case may be; or has so abused his position as to render his continuance in officeprejudicial to public interest; or has been guilty of proved misconduct; or has been guilty ofproved conflict of interest in the discharge of his functions. It further provides that theChairperson or any Member shall not be removed from his office, unless he has been givena reasonable opportunity of being heard in the matter. It also provides that the CentralGovernment may, if it considers necessary in the public interest, suspend such Chairpersonor other Member.
Clause 13.—This clause provides for meetings of the Commission.
It provides that the Commission shall meet at least twice every month at such time andplace as it may appoint and the Chairperson shall preside over such meetings. It furtherprovides that the decisions of the Commission shall be by consensus, failing which by amajority of votes of Members present and voting and in the event of equality of votes, theChairperson or in his absence, the Member presiding shall have a second or casting vote. Italso provides that the quorum of a meeting of the Commission shall be seven members andthe Commission may make regulations for the conduct of business at its meetings.
Clause 14.—This provides for vacancies, etc., not to invalidate proceedings ofCommission.
This clause provides that no act or proceeding of the Commission shall be invalidmerely by reason of, (a) any vacancy in, or any defect in the constitution of, the Commission;or (b) any defect in the appointment of a person as a Member of the Commission; or (c) anyirregularity in the procedure of the Commission not affecting the merits of the case.
Clause 15. —This clause provides for appointment of the Chief Executive Officer andother officers and employees of Commission.
This clause confers power upon the Central Government to appoint a Chief ExecutiveOfficer of the Commission, not below the rank of Additional Secretary to the Government ofIndia, who shall be the Member-Secretary of the Commission, for a fixed term of four yearswho shall not be eligible for re- appointment.
It further provides that the Chief Executive Officer, shall discharge such functions asmay be specified by regulations made by the Commission or may be assigned to him by theCommission from time to time and, shall report to the Commission, through the Chairperson,on actions taken by him in performance of his duties.
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It also provides that the Commission may, with the prior approval of the CentralGovernment, appoint such officers and other employees as it considers necessary for theefficient discharge of its functions under the proposed legislation. It also provides that thesalaries and allowances and other terms and conditions of service of the Chief ExecutiveOfficer and other officers and employees of the Commission shall be such as may be prescribed.
Clause 16.— This clause provides for the powers and functions of the Commission.
This clause specifies the measures to be taken by the Commission, subject to theprovisions of the proposed legislation, to determine, maintain and coordinate the standardsof and promote the human resources, in discipline of health education and trainingcommensurate with the requirement, of such resources in different States and Union territories.The functions to be performed by the Commission, inter alia, shall be to, carry out studiesand collect data required to assess the needs and requirements of human resources forhealth in different States and Union territories; assess the requirement (including the number,type and geographical location) of health training facilities for education and training inmedical and allied discipline; formulate action plans for development of human resources forhealth in accordance with the policy and priorities laid down by the Central Government fromtime to time; formulate a plan for financial and other resources required for creation of humanresources; make recommendations on the measures to strengthen the health care delivery,operational efficiency and health care infrastructure; coordinate existing health careinfrastructure in Central and State Government for effective utilisation thereof; facilitatecoordination among bodies or Councils constituted under the proposed legislation, conductor cause to conduct their social audit and obtain public feedback on their performance andachievements; grant permission for establishing of health educational institution, ensurecompliance of its terms and conditions, or withdraw such permission; regulate, in accordancewith the law, for the time being in force, the entry and operation of foreign health educationalinstitutions if permitted under the law for the time being in force in consultation with theNational Board or such other authority as may be specified by the Central Government;conduct the elections to the National Councils established under proposed legislation;promote and regulate inter-professional co-operation amongst health professions; specifyby regulations the continuous medical education and the courses, workshops and trainingactivities; provide such grants and moneys to the Board, Committee and National Council asthey may require for efficient discharge of their powers and functions under proposedlegislation; transfer such assets, properties or liabilities to the Board, Committee or NationalCouncil, as the case may be, as it may consider necessary; provide such officers and otheremployees to the Board, Committee or National Council, as the case may be, as they mayrequire for efficient discharge of their powers and functions under the proposed legislation;perform such other functions as may be prescribed.
It further provides that the Commission shall exercise the powers and discharge thefunctions specified under this clause in such manner which does not interfere with theautonomous and self-regulatory nature of universities or institutions.
Clause 17.—This clause provides for establishment of the Institution for impartinghealth education or new course of study.
This clause provides that, notwithstanding anything contained in the proposedlegislation or any other law for the time being in force, provides for, (a) no person shall,without obtaining letter of permission from the Commission, establish an institution for acourse of study or training in the discipline of health, (including a post-graduate or doctoralor Post doctoral course of study or training), for grant of recognised qualification; and (b) noinstitution, which has been granted permission under sub-clause (1), shall increase itsadmission capacity in any course of study or training (including a post-graduate or doctoralor Post doctoral course of study or training), without obtaining the letter of permission fromthe Commission. However, any person who has been granted permission for establishmentof the health educational institution or an institution which has been granted permission toincrease of its admission capacity in course of study or training under the provisions of the
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Indian Nursing Council Act, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and theIndian Medical Council Act, 1956 and the rules and regulations made thereunder, or anyother law for the time being in force, shall be deemed to be the health educational institutionestablished under the provisions of the proposed legislation or deemed to have validlyincreased their admission capacity and the qualifications granted by such institutions shallbe the recognised qualification for the purposes of the proposed legislation.
It further provides that every person shall, for the purpose of obtaining permissionunder sub-clause (1), submit to the Commission a scheme in accordance with the provisionsof sub-clause (3) and the Commission shall refer the scheme to the National Evaluation andAssessment Committee for its recommendations and the scheme referred to in sub-clause (2)shall be in such form and contain such particulars and be preferred in such manner andaccompanied with such fees as may be specified by regulations made by the Commission.
It also provides that on receipt of the scheme, the Committee may obtain such otherparticulars as may be considered necessary by it from the applicant, and thereafter, it may,(a)if the scheme is defective and does not contain any required particulars, give a reasonableopportunity to the person concerned for making a written representation and it shall be opento such person to rectify the defects, if any, specified by it; and (b) consider the scheme,having regard to the factors referred to in sub-clause (8), and submit the scheme togetherwith its recommendations thereon to the Commission.
It also provides that the Commission may, after considering the scheme and therecommendations of the Committee under sub-clause (4) and after obtaining, where necessary,such other particulars as may be considered necessary by it from the applicant, and havingregard to the factors referred to in sub-clause (8), either approve (with such conditions, ifany, as it may consider necessary) or disapprove the scheme and any such approval shall bea permission under sub-clause (1). However, no scheme shall be disapproved by theCommission without giving such person a reasonable opportunity of being heard and nothingshall prevent any person, whose scheme has not been approved by the Commission, tosubmit a fresh scheme and the provisions of this clause shall apply to such scheme, as ifsuch scheme has been submitted for the first time under sub-clause (2).
It also provides that where no order passed by the Commission has been communicatedto the person submitting the scheme, within a period of one year from the date of submissionof such scheme to the Commission under sub-clause (2), the scheme shall be deemed to havebeen approved by the Commission in the form in which it had been submitted, and, accordingly,the permission of the Commission required under sub-clause (1) shall also be deemed tohave been granted and in computing the period specified in sub-clause (6), the time taken bythe person concerned submitting the scheme, in furnishing any particulars called for by theCommittee or by the Commission, shall be excluded.
It also provides that the Committee, while making its recommendations under clause(b) of sub-clause (4) and the Commission, while passing an order, either approving ordisapproving the scheme under sub-clause (5), shall have due regard to the factors such as,(a) whether the proposed health educational institution or the existing health educationalinstitution seeking to open a new or higher course of study or training or increase itsadmission capacity, would be in a position to offer the course of study or training in thediscipline of health (including a post graduate or doctoral or post doctoral course of study ortraining) with the minimum standards of health education as specified by the Board underthe proposed legislation; (b) whether the person seeking to establish a health educationalinstitution or seeking to open a new or higher course of study or training or to increase itsadmission capacity has adequate financial resources; (c) whether necessary facilities inrespect of staff, equipment, accommodation, training and other facilities to ensure properfunctioning of the health educational institution or conducting the new course of study ortraining or accommodating the increased admission capacity have been provided or wouldbe provided within the time-limit specified in the scheme; (d) whether adequate hospitalfacilities, having regard to the number of students likely to attend such health educational
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institution or course of study or training or as a result of the increased admission capacityhave been provided or would be provided within the time-limit specified in the scheme; (e)whether any arrangement has been made or programme drawn to impart proper training tostudents likely to attend such health educational institution or course of study or training byperson having the recognised medical qualifications; (f) the requirement of manpower in thefield of practice of medicine; and (g) any other factors as may be prescribed.
It also provides that where the Commission passes an order either approving ordisapproving a scheme under this section, a copy of the order shall be delivered to theperson concerned and explains that the expression “person” used in this clause includesany university or a trust or other body corporate, but does not include the Central Governmentor a State Government.
Clause 18.— This clause provides for recognition of medical qualifications granted bythe health educational institutions in India.
It provides that the educational qualifications granted by any health educationalinstitution in India which are included in the Second Schedule or Third Schedule or FourthSchedule or Fifth Schedule or Sixth Schedule, as the case may be, shall be recognisedqualifications of the respective discipline of health for the purposes of the proposed legislation.However, any qualification recognised under the provisions of the Indian Nursing CouncilAct, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and the Indian Medical CouncilAct, 1956 and the rules and regulations made thereunder, shall continue to be the recognisedqualifications of the respective discipline of health for the purposes of the proposed legislation,unless such qualifications are derecognised by the amendment of the Schedule under theproposed legislation.
It further provides that any health educational institution in India, which grants anyqualification in the discipline of health not included in the Second Schedule or Third Scheduleor Fourth Schedule or Fifth Schedule or Sixth Schedule, as the case may be, may apply to theCommission to have such qualification recognised, and the Commission, after consultingthe Committee, may recommend to the Central Government to amend the Second Scheduleor Third Schedule or Fourth Schedule or Fifth Schedule or Sixth Schedule, as the case maybe, so as to include such qualification therein and any notification amending any of the saidSchedules may also direct that an entry shall be made in the last column of the SecondSchedule or Third Schedule or Fourth Schedule or Fifth Schedule or Sixth Schedule, as thecase may be, against such qualification declaring that it shall be a recognised qualificationonly when granted after a specified date.
Clause 19.— This clause provides for non-recognition of qualifications in certaincases.
It provides that no qualification granted by any health educational institution to anystudent of such institution shall be recognised qualification for the purposes of the proposedlegislation, unless such institution has been established with the approval of the Commissionin accordance with the provisions of the proposed legislation or rules or regulations madethereunder and where any health educational institution offers a new or higher course ofstudy or training (including a post-graduate course of study or training), such qualificationshall not be a recognised qualification for the purposes of the proposed legislation, unlesssuch course of study or training offered has been approved by the Commission beforeoffering the same to the students.
It further provides that where any health educational institution increases its admissioncapacity in any course of study or training (including a post-graduate course of study ortraining), such qualification granted to any student or such institution on the basis of theincrease in its admission capacity shall not be a recognised qualification for the purposes ofthe proposed legisaltion, unless such increase in its admission capacity in any course ofstudy or training offered has been approved by the Commission before offering the same tothe students.
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Clause 20.—This clause provides for entry and operation of foreign health educationalinstitutions.
This clause provides that the Commission shall regulate the entry and operation offoreign health educational institutions in consultation with the National Board and inaccordance with the law, for the time being in force. However, in case no such law is in force,the Central Government shall regulate the entry and operation of foreign health institutionsin consultation with the Board till such law comes into force.
Clause 21.—This clause provides for withdrawal of recognition.
This clause provides that when, upon recommendation of the Committee or theBoard, it appears to the Commission that, (a) the courses of study and examination to beundergone in, or the proficiency required from candidates at any examination held by anyuniversity or other health institution for an approved course in health education; or (b) thefaculty staff, equipment, accommodation, training and other facilities for instruction andtraining provided in such university or other health educational institution, or in any collegeor other institution affiliated to any such university, do not conform to the standards specifiedby the Commission, the Commission may, after making such inquiry as it may considernecessary, for reasons to be recorded in writing, withdraw recognition of the course orqualification in respect of the university or other health institution, or college or otherinstitution affiliated to such university, as the case may be, with such cut-off date as it thinksfit. However, no such recognition shall be withdrawn unless the university or the institutionor college, as the case may be, has been given a reasonable opportunity of being heard.
Clause 22.— This clause provides for fees.
It provides that the Commission may levy such fees and other charges in respect ofsuch functions as may be specified by regulations made by the Commission.
Clause 23.— This clause provides for constitution of National Board for HealthEducation.
It empowers the Central Government, by notification, constitute a Board to be knownas the ‘National Board for Health Education’ to assist the Commission in discharge of itspowers and functions for the purposes of health education.
Clause 24.—This clause provides for the composition of the Board.
The Board shall consist of a President, two whole-time members and four part-timemembers, to be appointed by the Central Government on the recommendation of the selectionCommittee constituted under clause 25.
It further provides that the Chairperson or a Member of the National Commission forHigher Education and Research referred to in section 5 of the National Commission forHigher Education and Research Act, 2011—Member, ex officio.
It also provides that the President and whole-time members shall be chosen from thepersons possessing a post graduate degree in the discipline of medicine or medical educationfrom a recognised university or health institutions, having at least fifteen years of standingin the profession or teaching and training, out of which seven years of experience shall be inthe discipline of medical education, training, curriculum design or development and conductof examinations and the part-time members shall be chosen from persons possessing a postgraduate degree in the discipline of medical education from a recognised university or medicalinstitution having at least twelve years of standing in the profession from the discipline ofhealth or health education out of which seven years of experience shall be in education,training, curriculum design or development and conduct of examinations in the discipline ofhealth.
Clause 25.—This clause provides for the Selection Committee for selection of thePresident and members of the Board and committee.
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It provides that the Central Government shall constitute a Selection Committee forappointment of the President and members of the Board and the Committee, consisting of, aperson of eminence having qualification and experience of at least twenty years in medicalprofession as Chairperson; three other experts of eminence from the discipline of medicaland allied health sciences, management, science and technology having qualification andexperience of at least fifteen years in the discipline, as members, to be appointed in suchmanner as may be prescribed.
It further provides that the Secretary to the Government of India in charge of the UnionMinistry of Health (Department of Health and Family Welfare) shall be ex officio member ofthe Selection Committee and the Chairperson of the Commission shall be the Convenor and
It also provides that the term of the Selection Committee shall be such as may beprescribed and the Selection Committee shall finalise the selection of the President andmembers of the Board and the Committee within two months from the date on which thereference is made to it by the Central Government in this behalf and the Selection Committeeshall recommend a panel of two names for every vacancy referred to it.
It also provides that before recommending any person for appointment as a Presidentor a member of the Board or the Committee, the Selection Committee shall satisfy itself thatsuch person does not have any financial or other conflict of interest, which is likely to affectprejudicially his functions as President or member of the Board or the Committee, as the casemay be and no appointment of the President or member of the Board or the Committee shallbe invalid merely by reason of any vacancy in the Selection Committee.
It also provides that the Selection Committee may regulate its own procedure and theCentral Government shall initiate the process of appointment in respect of any vacancy dueto arise in the office of the President or of other members of the Board or Committee, sixmonths prior to the date of arising of such vacancy and in case a vacancy arises in theSelection Committee for the reason of death or removal, or resignation from office, suchvacancy shall be filled expeditiously, within six months from the date on which the vacancyhas arisen.
Clause 26.—This clause provides for the transitory provisions relating to Board.
It provides that on and from the date of constitution of the Board, (a) the NationalBoard of Examinations registered under the Societies Registration Act, 1860 shall be dissolved;(b) any reference to the existing National Board of Examinations in any law other than theproposed legislation or in any contract or other instrument shall be deemed as a reference tothe Board; (c) all properties and assets, movable and immovable, of, or belonging to, theexisting National Board of Examinations, shall vest in the Board; (d) all rights and liabilities ofthe existing National Board of Examinations shall be transferred to, and be the rights andliabilities of, the Board; (e) all debts, obligations and liabilities incurred, all contracts enteredinto and all matters and things engaged to be done by, with or for the existing National Boardof Examinations immediately before that date, for or in connection with the purpose of thesaid existing National Board of Examinations shall be deemed to have been incurred, enteredinto or engaged to be done by, with or for, the Board; (f) all sums of money due to the existingNational Board of Examinations immediately before that date shall be deemed to be due to theBoard; and (g) all suits and other legal proceedings instituted or which could have beeninstituted by or against the existing National Board of Examinations immediately before thatdate may be continued or may be instituted by or against the Board.
Clause 27.—This clause provides for the appointment and terms and conditions ofoffice of the President and members of the Board.
It provides that any person appointed as the President or a member shall hold office fora term of four years from the date on which he enters upon his office or till the date he attainsthe age of sixty-five years, whichever is earlier and be eligible for re-appointment for anotherterm and such President or a member shall hold office during the pleasure of the CentralGovernment.
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It further provides that the salary and allowances payable to and other terms andconditions of service of the President and other members shall be such as may beprescribed.
Clause 28.—This clause provides for the Executive Director and other officers andemployees of Board.
It empowers the Board to appoint an Executive Director to perform such functions asmay be assigned to him and with the previous approval of the Commission appoint suchother officers and employees as the Board considers necessary for the efficient discharge ofits functions under proposed legislation.
It further provides that the number of, the salaries and allowances payable to, and theother terms and conditions of service of the other officers and employees of the Board shallbe such as may be specified by regulations made by the Commission.
Clause 29.— This clause provides for the meetings of the Board.
It provides that the Board shall meet at least once in every month and four members ofthe Board shall constitute a quorum for the meetings. It further provides that every meetingof the Board shall be presided over by the President or, if for any reason he is unable toattend, such other member as may be chosen by the members present at the meeting fromamong themselves and a member shall be deemed to have vacated his seat if he is absent,without permission, and without sufficient cause in the opinion of the Board, from threeconsecutive meetings of the Board and the Board may regulate its own procedure for thetransaction of business at its meeting.
Clause 30.—This clause provides for functions of the Board.
It provides that the Board shall take measures to facilitate and promote academicstudies and research in emerging areas of health education with focus on professional healtheducation and to ensure uniform augmentation of trained specialists and super specialists,to achieve excellence in these and connected areas and, inter alia, includes, determination,co-ordination and maintenance of standards for health education and research; design andapprove new courses of study as recommended by institutes, hospitals, colleges oruniversities for imparting training and conducting courses therein; specify schedule ofadmissions for admission to various courses of study; specify calendar of examinations andscheme of examinations; conduct examinations for entry to any under graduate, post graduate,doctoral, post doctoral, super speciality or diploma courses, fellowship examination andscreening test; take such steps as may be desirable to elevate the standards of training anddevelopment of quality health professionals; advise the Commission regarding establishmentof laboratories, institutes and training centres for continuous medical education; co-ordinatebetween medical and other scientific academies, societies, associations, institutions andGovernment medical and scientific departments and services; appoint such number of visitorsas it may consider fit to visit any university or other health educational institution impartinga recognised course in discipline of health, or to attend any examination held by any suchuniversity or other health educational institution for the purposes of granting recognitionthereof; to prescribe norms for compulsory disclosure by health educational institutionsengaging in discipline of health education on all aspects related to their functioning that hasa bearing on the interests of students, faculty, parents, the community and the government;to approve and notify norms and standards of maintenance of academic quality foraccreditation and benchmarking of education in recognised health educational institutionsimparting approved courses in the discipline of health throughout the period of accreditation;promote autonomy of health educational institutions for the free pursuit of knowledge andinnovation; promote development of a curricular framework with specific reference to new oremerging or inter-disciplinary field of knowledge; develop measures to effectively connecthealth education to the needs of society; encourage universities to enable colleges to evolveinto health institutions with powers to award degrees; take measures to enhance access to,
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and inclusion in, health education to remove regional imbalances in the provision of healtheducational institutions for such education as well as in access of students to such healtheducational institutions; advice the Commission and Central Government on any matter thatmay referred; and discharge such other functions as may be prescribed.
Clause 31.— This clause provides for power to conduct certain examination.
It provides that the Board may, in consultation with the concerned State Governmentand university, conduct, with effect from such date as may be notified by the CentralGovernment, either by itself or by an authority authorised by it, examinations for entry to anyunder graduate, post graduate, doctoral, post doctoral, super speciality or diploma coursesor examination for fellowship in such manner as may be specified by regulations made by theCommission.
Clause 32.— This clause provides for power to require information as to courses ofstudy and examinations.
It provides that every health educational institution which grants any recognisedqualification shall furnish such information as to courses of study and examinations as theBoard may require from time to time.
Clause 33.— This clause provides for the screening test.
It provides that no person, being a citizen of India or a registered Overseas Citizens ofIndia, who obtains the recognised qualification granted by medical institution in any countryoutside India recognised for enrolment as medical practitioner in that country shall be entitledfor enrolment by the National Council or the State Council, as the case may be, unless hequalifies the screening test in India to be conducted by the Board.
It further provides that no person being a citizen of India shall, after the commencementof the proposed legislation, obtain any medical qualification from any medical institution ina country outside India without obtaining an eligibility certificate from the Board and anyperson, who obtains such qualification without obtaining the eligibility certificate, shall notbe eligible to appear in the screening test. However, any person being a citizen of India whoacquired the recognised qualification or obtained admission in the medical institution outsideIndia during the period between 15th March, 2002 and the date of commencement of theproposed legislation, after obtaining an eligibility certificate from the Medical Council ofIndia under the Indian Medical Council Act, 1956, shall, subject to other provisions of theproposed legislation, be eligible to be enrolled in the National Register or State Register.
It also provides that any person, being a citizen of India Overseas Citizens of India,who obtains a recognised qualification in the discipline of health other than medicine fromany health educational institution in any country outside India recognised for enrolment aspractitioner in that country shall not be entitled to be enrolled in the National Register orState Register unless he qualifies the screening test in India and the Commission may, bynotification, exempt any person, who possesses the recognised qualification and enrolled ashealth practitioner in a country outside India for a period of not less than three years, fromthe requirement of the screening test under this clause.
Clause 34.— This clause provides for constitution of the National Evaluation andAssessment Committee.
It provides that the Central Government shall, by notification, constitute a Committeeto be known as the National Evaluation and Assessment Committee for evaluation andassessment of any university or institution seeking permission under clause 17 or impartingeducation in the discipline of health to assist the Commission in discharge of its powers andfunctions under the proposed legislation.
Clause 35.— This clause provides for the composition of the National Evaluation andAssessment Committee.
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It provides that the Committee shall consist of a President, two whole-time members,and four part-time members, to be appointed by the Central Government on therecommendation of the selection Committee constituted under clause 25.
It further provides that the President and members shall be chosen from the persons ofeminence, integrity and outstanding calibre having post graduate degree in the discipline ofhealth, health policy, public health, management, technology, law or finance from a recogniseduniversity or institution having ten years of experience in the respective field.
Clause 36.— This clause provides for terms and conditions of office of the Presidentand members of the Committee. It provides that a person appointed as the President or amember of the Committee shall hold office for a term of four years from the date on which heenters upon his office or till the date he attains the age of seventy years, whichever is earlierand be eligible for re-appointment for another term and the President or a member of theCommittee shall hold office during the pleasure of the Central Government.
It further provides that the salary and allowances payable to and other terms andconditions of service of the President and other members of the Committee shall be such asmay be specified by regulation made by the Commission.
Clause 37.— This clause provides for functions of the Committee.
It provides that the Committee shall take measures to develop and regulate the processof evaluation and assessment of institutions imparting health education and programmesconducted therein, and monitor the functioning of agencies recommended by the Commissionand, inter alia, specify standards, norms and processes for registration of evaluation andassessment agencies under any law for the time being in force; undertake audit and cause tobe audited the adherence to code of ethics including policies on obviating conflict of interest,disclosure of information, evolving transparency in processes and procedures of evaluationand assessment; specify and monitor standards on selection and training of experts for thepurposes of evaluation and assessment; scrutinise the report of the evaluation andassessment agency on the applications for consideration of grant of permission for establishingof college, institute or university and make its recommendations to the Commission;recommend to the Commission for review or revoke registration granted to the evaluationand assessment agencies and health institutions as the case may be; levy of fees or othercharges for matters relating to evaluation and assessment; advise the Central Government orany State Government or the appropriate statutory regulatory authority on any policy matterconcerning evaluation and assessment which may be referred to it; promote research andinnovation in evaluation and assessment; monitor adherence to such norms, guidelines andstandards of academic quality, as may be specified under any law for the time being in forceby the appropriate statutory regulatory authority, in health educational institutions; andperform such other functions as may be assigned to it by the Commission.
It further provides that the process of selection of evaluation and assessment agencyfor evaluation and assessment shall be in a transparent manner and the information relatingto the selection of such agency shall be put in the public domain and notwithstandinganything contained in the proposed legislation or any other law for the time being in force,the Commission or Committee shall not engage the same evaluation and assessment agencyfor successive inspections or audit inspections, to carry out audit or review inspection ofany institute at least for five years.
It also provides that the evaluation and assessment of a health educational institutionshall be done by the evaluation and assessment agencies having such qualifications andexperience and in such manner as may be specified by regulations made by the Commission.
Clause 38.— This clause provides for the power of audit and inspection of evaluationand assessment agency.
It provides that the Commission may, in consultation with the Central Government,appoint an audit committee consisting of such number of persons having such qualifications
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and experience as may be prescribed, for the purpose of audit, inspections or inquiry into theaffairs of any evaluation and assessment agency or any health educational institution in sofar it relates to their evaluation and assessment.
It further provides that the Commission may, on the recommendations of the NationalEvaluation and Assessment Committee, at any time, by order in writing, direct the auditcommittee specified in the order to audit or inspect or inquire into the affairs of any evaluationand assessment agency or any health educational institution in so far it relates to evaluationand assessment and to report its findings and recommendations to the National Evaluationand Assessment Committee or the Commission, as the case may be and on receipt of thereport from the audit committee, the Commission may, after giving such opportunity to theevaluation and assessment agency to make a representation in connection with the report, inthe opinion of the Commission seems reasonable, by order in writing, take such action inrespect of any matter arising out of the report as the Commission may think fit; or modify theterms and conditions of certificate of registration as it thinks fit, and terms or conditions somodified shall be binding upon and be observed by the evaluation and assessment agencyand shall be of like force and effect as if they were contained in the certificate of registrationor approval, as the case may be; or revoke the certificate of registration of the evaluation andassessment agency or the approval granted to the health educational institution, as the casemay be.
It also provides that it shall be the duty of every evaluation and assessment agencyand every health educational institution, as the case may be, to produce before the auditcommittee all such papers and other documents in its custody or power and to furnish anystatement and information relating to its affairs, as the audit committee may require of suchagency or institution, as the case may be, within such time as the audit committee mayspecify and the audit committee may examine on oath, any chief executive or officer or otheremployee of the evaluation and assessment agency in relation to evaluation and assessmentof any health educational institution or programme conducted therein, and may administeroaths accordingly.
It also provides that the audit committee shall submit its report to the Committee andthe Committee shall place the report and the action taken thereon by it or the Commission, onits website.
Clause 39.— This clause provides for the Executive Director and other officers andemployees of the Committee.
It provides that there shall be an Executive Director to the National Evaluation andAssessment Committee to be appointed by the Central Government for a period of fouryears. It further provides that the Committee may, with the previous approval of the CentralGovernment, appoint such other officers and employees as it considers necessary for theefficient discharge of its functions under the proposed legislation.
It also provides that the the salaries and allowances payable to, and the other termsand conditions of service of the Executive Director and other officers and employees of theCommittee shall be such as may be specified by regulations made by the Commission.
Clause 40.—It provides for the meetings of the Committee.
It provides that the Committee shall meet at least once in every three months, at suchtime and place as it may appoint, the quorum of a meeting of the Committee shall be twomembers and the President of the Committee shall preside over its meetings or, if for anyreason he is unable to attend, such other member as may be chosen by the members presentat the meeting from among themselves.
It further provides that a member shall be deemed to have vacated his seat if he isabsent, without permission, and without sufficient cause in the opinion of the Committee,from three consecutive meetings of the Committee and the Committee may regulate its ownprocedure for transaction of business at its meetings.
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Clause 41.—This clause provides for constitution of corresponding National Councils.
It provides that on the commencement of proposed legislation, there shall beconstituted, from such date as the Central Government may, by notification, appoint, suchcorresponding new National Councils as are specified in the First Schedule annexed to theproposed legislation.
It further provides that on the commencement of the proposed legislation, the CentralGovernment shall, by notification, constitute the Paramedical Council of India for thedisciplines of paramedics and National Council for any other discipline of health as may benotified by it under sub-clause (j) of clause 2.
It also provides that each corresponding new National Council and the ParamedicalCouncil of India and the National Council for any other discipline of health shall be a bodycorporate by the name aforesaid, having perpetual succession and a common seal, withpower, subject to the provisions of the proposed legislation, to acquire, hold and dispose ofproperty, both movable and immovable, and to contract, and shall, by the said name, sue orbe sued and the head office of each National Council shall be in the National Capital Regionreferred to in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985.
Clause 42.—This clause provides for vesting of existing councils in the Commission.
It provides that on the commencement of the proposed legislation, every existingCouncil shall be transferred to, and shall vest in, the Commission.
Clause 43.—This clause provides for President, Vice- President and other members ofCouncil to vacate their offices.
It provides that every person holding office, immediately before the commencement ofthe proposed legislation, as President or Vice-President or other members of an existingCouncil shall, on such commencement, vacate their offices as such President or Vice-Presidentor other members, as the case may be, and no such President or Vice-President or othermember, as the case may be, shall be entitled to claim any compensation for prematuretermination of the term of his office.
Clause 44.—This clause empowers the Central Government to guide the correspondingNational Councils by its directions.
It provides that every corresponding new National Council shall, in the discharge ofits functions, be guided by such directions in regard to matters of policy involving publicinterest as the Central Government may, after consultation with the Chairperson of theCommission, give.
Clause 45.— This clause provides for references to existing Councils on and fromcommencement of the proposed legislation.
It provides that any reference to any existing Council in any law, other than the proposedlegislation, or in any contract or other instrument shall, in so far as it relates to the undertakingwhich has been transferred by clause 42 be construed as a reference to the correspondingnew National Council.
Clause 46.—This clause provides for composition of the National Councils.
It provides that each National Council referred to in clause 41 shall consist of, onemember from each State (other than a Union territory), to be nominated by the CentralGovernment in consultation with the State Government concerned; one member from eachUniversity, to be elected from amongst the members of the faculty of the concerned disciplineof health by members of the Senate of the University or in case the University has no Senate,by members of the Court; one member from each State in which a State Register in therespective discipline is maintained, to be elected from amongst themselves by personsenrolled on such Register; five members to be nominated by the Central Government fromamongst heads of medical institutions in the respective discipline owned, controlled or
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managed by the Central Government; five members to be nominated from amongstprofessionals of respective disciplines by the Central Government; and President of theBoard shall be ex officio member of the National Council for each discipline of health;
It further provides that a member of the National Council shall cease to be suchmember if he ceases to be a person enrolled on the concerned State Register or to hold officeby virtue of which he was elected or nominated, as the case may be, as such member to theCouncil.
Clause 47.—This clause provides for elections to National Councils and its term.
It provides that the Commission shall conduct elections for each National Council,within a period of six months from the date of commencement of the proposed legislation forconstituting the National Councils under clause 40 in accordance with such procedure andmanner as may be prescribed and each such National Council shall continue for a period offour years from the date on which it is constituted. However, the said period may be extendedby the Commission, with the prior approval of the Central Government, for a period notexceeding six months in case it is not possible for any reason to reconstitute the NationalCouncil after the expiration of the said period.
It further provides that the Commission shall commence the process of conducting thenext elections for National Council six months before the expiration of the term of the NationalCouncil or any extended period as may be provided under sub-clause (2).
It also provides that the Commission shall conduct elections to any vacancy that mayarise in the membership of any National Council on account of death, resignation or removal,in such manner as may be prescribed.
Clause 48.—This clause provides for the President and Vice-President of the NationalCouncil.
It provides that each National Council referred to in clause 41 shall have a Presidentand a Vice-President to be elected by the members of the National Council from amongthemselves in such manner as may be prescribed and the powers to be exercised, and thefunctions to be performed, by the President or the Vice-President of the National Councilshall be such as may be specified by regulations made by the National Council.
Clause 49.—This clause provides for settlement of disputes regarding election.
It provides that, in case of any dispute regarding any election under clause 47 orclause 48, the aggrieved person may make an application within a period of thirty days fromthe date of declaration of the result of election, to the Chairperson of the Commission whoshall forward the same to the Central Government.
Clause 50.—This clause provides for meetings of the National Council.
It provides that the quorum of a National Council for a meeting shall be one-third of itstotal membership and the Council shall meet at least twice in each year at such time and placeas may be appointed by it.
It further provides that the meetings of the National Council shall be presided over bythe President or, if for any reason he is unable to attend, by the Vice-President, and in case heis also unable to attend, such other member as may be chosen by the members present at themeeting from among themselves.
It also provides that a member shall be deemed to have vacated his seat if he is absent,without permission, and without showing sufficient cause in the opinion of the NationalCouncil, from three consecutive meetings of the National Council and the National Councilmay make regulations for the transaction of business at its meetings.
Clause 51.—This clause provides for functions of the National Council.
It provides that the National Council shall, subject to the provisions of the proposed
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legislation, take measures to enrol persons having recognised qualifications to enable themto practice in respective discipline of health and to regulate the profession of respectivediscipline of health and such measures may, inter alia, provide matters relating to, enrolmentof persons having recognised qualifications to enable them to practice in the respectivediscipline of health and renew the enrolment from time to time; maintain and publish theNational Register; organise and conduct seminars, conferences, workshops or otherprogramme from time to time; grant certificate of good standing to the persons enrolled by it;levy fees or other charges to be paid by the persons seeking enrolment or persons enrolledby it; and perform such other functions as may be prescribed
It further provides that a person enrolled under the proposed legislation, before goingabroad for the purpose of employment, service, professional assignment or post or positionor for exploration of career opportunities or for carrying out any professional or related work,shall obtain the certificate of good standing from the respective National Council or the StateCouncil.
Clause 52.—This clause provides for the Registrar and other officers and employeesof the National Council.
It provides that every National Council shall have a Registrar to be appointed by theCentral Government for a fixed term of four years who shall not be eligible for re-appointmentunder the proposed legislation and the National Council may, with the prior approval of theCentral Government, appoint such other officers and employees as it considers necessaryfor the efficient discharge of its functions under the proposed legislation.
It further provides that the salaries and allowances payable to, and the other terms andconditions of service of the other officers and employees of the National Council shall besuch as may be specified by regulations made by the National Council.
Clause 53.—This clause provides for the constitution of State Councils.
It provides that where there is no State Council in any State, the State Governmentshall, by notification, constitute the State Councils for medicine, dentistry, nursing, pharmacyand paramedics, respectively within a period of three years from the date of commencementof the proposed legislation, in such manner and with such composition as may be prescribedby the State Government and the State Government may, by notification, constitute StateCouncils for any other discipline of health notified under sub-clause (j) of clause 2.
It further provides that until the State Council is constituted in a State, the NationalCouncil of respective discipline of health shall enrol the persons, in respect of that State,having recognised qualification in the manner provided under the proposed legislation andsuch enrolled person shall be entitled to practice in the respective discipline of health only inthe State for which he has applied for enrolment
It also provides that each State Council shall be a body corporate by the name aforesaid,having perpetual succession and a common seal, with power, subject to the provisions of theproposed legislation, to acquire, hold and dispose of property, both movable and immovable,and to contract, and shall, by the said name, sue or be sued and the head office of each StateCouncil shall be at such place as the State Government may decide.
It also provides that each State Council shall continue for a period of four years fromthe date on which it is constituted or, such period as may be prescribed by the StateGovernment.
Clause 54.—This clause provides for the President and the Vice-President of the StateCouncil.
It provides that each State Council referred to in clause 51 shall have a President anda Vice-President to be elected by the members of the State Council from among themselves insuch manner as may be prescribed by the State Government and the powers to be exercised,and the functions to be performed, by the President or the Vice-President of the State Council
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shall be such as may be specified by regulations made by the State Council.
It further provides that no person shall be eligible to hold office in any capacity in theState Council whether as a President or Vice-President or member for more than two terms.
Clause 55.—This clause provides for meetings of the State Council.
It provides that the quorum of a State Council for a meeting shall be one-third of itstotal membership and the State Council shall meet at least twice in each year at such time andplace as may be appointed by the State Council.
It further provides that the meetings of the State Council shall be presided over by thePresident or, if for any reason he is unable to attend, by the Vice-President, and in case he isalso unable to attend, such other member as may be chosen by the members present at themeeting from among themselves and a member shall be deemed to have vacated his seat if heis absent, without permission, and without showing sufficient cause in the opinion of theState Council, from three consecutive meetings of the State Council and the State Council tomake regulations for the transaction of business at its meetings.
Clause 56.—This clause provides for Registrar and other officers and employees ofthe State Council.
It provides that every State Council shall have a Registrar to be appointed by the StateGovernment for a fixed term of four years who shall not be eligible for re-appointment underthe proposed legislation or as may be provided under regulations made by it and with theprior approval of the State Government, appoint such other officers and employees as itconsiders necessary for the efficient discharge of its functions under the proposed legislation.
It further provides that the salaries and allowances payable to, and the other terms andconditions of service of the other officers and employees of the State Council shall be suchas may be specified by regulations made by the State Council.
Clause 57.—This clause provides for the enrolment of persons.
It provides that every National Council and every State Council shall enrol, the personshaving recognised qualification, in such form, manner and on payment of such fees andfulfilment of such other criteria or conditions as may be specified by regulations by theNational Council, for a period of ten years and the person so enrolled shall be entitled topractice in the respective discipline of health.
It further provides that before the expiry of the period of ten years, the NationalCouncil or the State Council, as the case may be, may renew the enrolment of such personsfor a further period of ten years, on showing the proof that he has attended such seminar,conference, workshop or any other programme as may be specified by the Commission forthe purpose of updating his professional knowledge and skill and this clause declares thatno person shall be required to appear and pass any qualifying examination for the purpose ofrenewal of his enrolment.
It also provides that for the purpose of computing the period of ten years, the periodof absence of a person enrolled under this clause from India, if any, shall also be taken intoaccount.
It also provides that any person enrolled by the National Council shall be entitled topractice in the respective discipline of health anywhere in India and the persons enrolled bythe State Council shall be entitled to practice in the respective discipline of health anywherein the State in which he is enrolled and any person enrolled with the existing Medical Councilof India or the Dental Council of India or the Nursing Council of India or the PharmacyCouncil of India or any State Council, as the case may be, shall be deemed to have beenenrolled under the proposed legislation and be eligible to continue to practice for a period often years and thereafter he shall be required to renew his enrolment under the proposedlegislation.
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Clause 58.—This clause provides for the Registers for enrolment of persons.
It provides that every National Council shall enter the name of persons enrolled by itin the National Register to be maintained in such manner as may be prescribed and everyState Council shall enter the name of persons enrolled by it in the State Register to bemaintained in such manner as may be prescribed by the State Government.
It further provides that every National Council shall collect data of persons enrolled inthe State Register from each State Council and enter the same in separate National Registerto be maintained in such manner as may be prescribed, and the National Council and theState Councils shall maintain the register by such data capturing method as may be prescribedby the Central Government or State Government, as the case may be, and shall, inter alia,contain the biometric and other details of each health professional which shall be verified atthe time of renewal of enrolment.
It also provides that the National Council and the State Council shall maintain theRegister in accordance with the provisions of the proposed legislation and update it fromtime to time, and publish the same in the Official Gazette and in such other manner as may beprescribed by the Central Government or State Government, as the case may be, and theNational Register and the State Register maintained under this clause shall be deemed to bepublic document within the meaning of the Indian Evidence Act, 1872.
It also provides that the National Register and the State Register shall also be maintainedin electronic form and wherever admissible, be subject to disclosure in the public domain andmade amenable for electronic voting for selection of representatives of the profession or forsuch other purposes as may be prescribed and no person who is not registered with the StateCouncil or the National Council shall falsely represent that his name is so entered in the StateRegister or the National Register, or use in connection with his name or title, any words orletters reasonably calculated to suggest that his name is so entered.
Clause 59.—This clause provides for duty to serve in India.
It provides that any person, who obtains a degree at graduate or post graduate ordoctoral or post doctoral or super speciality from a university or institution which receivesgrants from the Central Government or State Government or institutions owned or controlledby the Central or State Government; and leave India for the purposes of updating or acquiringhigher education in the discipline of health, shall endeavour to serve in India for a period ofthree years after such updating or acquiring such higher education outside India, failingwhich his name shall be removed from the National Register or the State Register, as the casemay be.
It further provides that any person whose name has been removed under sub-clause(1), who opts to return to India shall be entitled to get his name re-entered subject to paymentof such fees and fulfilment of such conditions as may be specified by regulations by theCommission.
It also provides that any person, who obtains a degree at graduate or post graduate ordoctoral or post doctoral or super speciality from a university or institution other than theuniversity or institution referred to in sub-clause (1); and leaves India for the purposes ofupdating or acquiring higher education in the discipline of health or for employment anddoes not return within the period of three years or does not inform the respective Councils ofhis whereabouts during such period, then, it shall be construed as professional misconduct.
Clause 60.—This clause provides for prohibition to practice without enrolment.
It provides that no person shall, unless he is enrolled on the National Register or theState Register, as the case may be, as a medical practitioner, hold office as physician orsurgeon or any other office as a medical professional in Government or in any health institutionmaintained by a local or other authority; or practice medicine; or sign or authenticate amedical or fitness certificate or any other certificate required by any law for the time being inforce; or give evidence in any court of law as an expert on any matter relating to medicine.
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It further provides that no person shall, unless he is enrolled on the National Registeror the State Register, as the case may be, as a dentist, hold any appointment in the field ofdentistry or dental hygienist in any dispensary, hospital or other health institution which issupported wholly or partially from public or local funds; or practice dentistry; sign orauthenticate a certificate required under any law for time being in force from a dentist; or giveevidence in any court of law as an expert in any matter relating to dentistry.
It also provides that no person shall, unless he is enrolled on the National Register orthe State Register, as the case may be, as a nurse, hold any appointment in the field ofnursing as teacher in nursing, nurse, auxiliary nurse, midwife, health visitor, or public healthnurse, in any dispensary, hospital or other health institution which is supported wholly orpartially from public or local funds; and as a pharmacologist to practice pharmacy.
It also provides that no person shall, unless he is enrolled on the National Register orthe State Register, as the case may be, of Paramedics, hold any appointment as paramedic inany dispensary, hospital or other health institution which is supported wholly or partiallyfrom public or local funds; or practice as a paramedics.
Clause 61.—This clause provides for privileges of persons enrolled on National Registeror State Registers.
It provides that every person, whose name is for the time being borne on the NationalRegister or the State Register, as the case may be, shall subject to the conditions andrestrictions laid down by or under the proposed legislation, be entitled to practice in thediscipline of his enrolment and to recover in respect of such practice any expenses, chargesin respect of medicaments or other appliances, or any fees to which he may be entitled.
Clause 62.—This clause provides for persons enrolled to notify change of place ofresidence or practice.
It provides that any person enrolled under clause 56 shall inform transfer of his placeof residence or practice to the Council concerned, within a period of thirty days of suchtransfer and if such person fails to comply with the requirements, his right to participate inthe elections to the Council concerned shall be liable to be suspended by an order of thatCouncil, for such period as may be specified by regulations made by the Council.
Clause 63.—This clause provides for supply of copies of State Register.
It provides that each State Council shall supply to the National Council printed copiesof the State Register as soon as may be after the commencement of the proposed legislationand subsequently after the first day of April of each year and the State Council shall informthe National Council without delay of all additions to and other amendments in the StateRegister made from time to time.
Clause 64.— This clause provides for liability of persons enrolled with respectiveNational Councils.
It provides that a person enrolled with the respective National Council shall be liablefor all the acts of omission, commission, or professional misconduct arising in the State inwhich the cause of action has arisen.
Clause 65.—This clause provides for provisional registration of persons possessingrequired qualification from any institution outside India.
It provides that a citizen of India or a registered Overseas Citizens of India possessingrecognised qualification in the discipline of medicine granted by a medical institution outsideIndia, who is required to undergo practical training, on such terms and conditions as theCommission may specify shall, on production of evidence that he has been selected for suchpractical training in an approved institution, be entitled to enroll himself provisionally in aState Register and shall be entitled to practice medicine in the approved institution for thepurposes of such training and for no other purpose.
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It further provides that a person who has passed the qualifying examination of anyuniversity or Institution in India in the discipline of medicine for the grant of a recognisedqualification shall be entitled to enroll himself provisionally in a State Register for the purposesof enabling him to be engaged in employment in a resident medical capacity in any approvedinstitution or in the Medical Service of the Armed Forces of the Union, and for no otherpurpose, on production of proper evidence that he has been selected for such employmentand the names of all persons provisionally enrolled in the State Register shall be enteredtherein separately from the names of other persons enrolled therein.
It also provides that a person enrolled provisionally as aforesaid who has completedpractical training or who has been engaged for the specified period in employment in aresident medical capacity in any approved institution, or in the medical service of the ArmedForces of the Union, as the case may be, shall be entitled to enroll himself in the StateRegister.
Clause 66.—This clause provides for entry of additional qualifications in the Registers.
It provides that if any person whose name is entered in the National Register or theState Register, as the case may be, obtains any title, diploma or other qualification forproficiency in sanitary science, public health or medicine which is a recognised medicalqualification, he shall, on application made in this behalf in such manner as may be prescribed,be entitled to have any entry stating such other title, diploma or other qualification madeagainst his name in such Register either in substitution for or in addition to any entrypreviously made.
Clause 67.—This clause provides for code of ethics.
It provides that the National Council shall specify, by regulations, the standards ofprofessional conduct, etiquette and code of ethics to be observed by the persons enrolledunder the proposed legislation.
Clause 68.—This clause provides for professional misconduct.
It provides that for the purposes of the proposed legislation, the expression,“professional misconduct” shall be deemed to include any act or omission provided in theSeventh Schedule but nothing in this clause shall be construed to limit or abridge in any waythe power conferred or duty cast on the respective Councils under proposed legislation toinquire into the professional conduct of any person whose name is included in the NationalRegister or State Register, under any other circumstances.
Clause 69.—This clause provides for power of National Council and State Councils toinstitute inquiry and to impose penalties.
It provides that every National Council and every State Council shall have power toinstitute an inquiry into any complaint, charge or allegation of professional misconductagainst any person enrolled by it under the proposed legislation and on finding such personguilty of such conduct, to impose any one or more of the penalties, such as, warning or areprimand or a reprimand and a warning; suspension of registration for a period not exceedingtwo years; or removal of his or her name from the register; impose a monetary penalty notexceeding ten lakh rupees and a compulsory period of such professional service as may bespecified by regulations made by the Council.
It further provides that every National Council or State Council, as the case may be,shall give an opportunity of being heard to the concerned person before imposing upon himany of the such penalties.
Clause 70.—This clause provides for appeals against decision under clause 69.
It provides that any person aggrieved by the decision of the National Council may,within a period of ninety days from the date of communication of such decision, prefer anappeal to the ethics committee to be constituted by the Commission and any person aggrieved
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by the decision of the State Council may, within a period of ninety days from the date ofcommunication of such decision, prefer an appeal to the ethics committee to be constitutedby the State Council.
It further provides that any person aggrieved by an order of the ethics committee may,within a period of sixty days from the date of receipt of the order of the said Committee, preferan appeal to the ethics appellate committee to be constituted by the National Council.
It also provides that the composition of, and the procedure to be followed by, theethics committee and the ethics appellate committee and terms and conditions of suchmembers shall be such as may be prescribed.
Clause 71.—This clause provides for removal of names from National Register or StateRegister and restoration thereof.
It provides that the National Council, or as the case may be, the State Council mayremove the name of any person enrolled by it in such circumstances and in such manner asmay be specified by regulations made by the Commission and the Commission may, in caseof removal of name of any person from the National Register or the State Register (except incase of professional misconduct), on an application, if it is satisfied on the grounds mentionedtherein and after making such inquiry as it deems necessary, may direct, by order, the NationalCouncil or the State Council, as the case may be, to restore the name of such person onpayment of such fees or fulfillment of such conditions which it may impose in the order.
Clause 72.—This clause provides for grievance redressal mechanism.
It provides that any person aggrieved from the professional services rendered by thepersons enrolled under the proposed legislation may file a complaint with the State Council,within a period of sixty days from the date of rendering of such service, in such manner asmay be specified by regulations made by the Commission. However, the complaint may beadmitted after expiry of the said period of sixty days if the complainant satisfies the Councilthat he had sufficient cause for not preferring the complaint within the said period and theCouncil shall decide the complaint within a period of one hundred and twenty days from thedate of its receipt.
Clause 73.—This clause provides for power of National Council to make regulations.
It provides that the National Council may, with the previous approval of the CentralGovernment, make regulations consistent with the provisions of the proposed legislation orthe rules or regulations made by the Commission.
It further provides that in particular, and without prejudice to the generality of foregoingpower, such regulations may provide for all or any of the matters, namely, other ethicalprinciples under sub-clause (e) of clause 2; the powers to be exercised and the functions tobe performed by the President or the Vice-President of the National Council under sub-clause (2) of clause 48; the procedure for transaction of business at meetings of the NationalCouncil under sub-clause (5) of clause 50; the salaries and allowances payable to and theother terms and conditions of the service of the other officers and employee of the NationalCouncil under sub-clause (3) of clause 52; the form and manner of enrolment of persons andthe fees and such other criteria or conditions for such enrolment under sub-clause (1) ofclause 57; the standards of professional conduct, etiquette and code of ethics under clause67; the professional service to be rendered under item (e) of sub-clause (1) of clause 69 andany other matter which is required to be, or may be, specified by regulations or in respect ofwhich provision is to be or may be made by regulations.
Clause 74.—This clause provides for power of State Council to make regulations.
It provides that the State Council may, with the previous approval of the StateGovernment, make regulations consistent with the provisions of proposed legislation or therules or regulations made by the Commission and the National Council and such regulationsmay provide for all or any of the matters, namely, the powers to be exercised, and the
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functions to be performed, by the President or the Vice-President of the State Council undersub-clause (2) of clause 54; the procedure for transaction of business at meetings of theState Council under sub-clause (5) of clause 55; the salaries and allowances payable to andthe other terms and conditions of the service of the other officers and employee under sub-clause (3) of clause 56; the professional service to be rendered under item (e) of sub-clause(1) of clause 69 and any other matter which is required to be, or may be, specified byregulations or in respect of which provision is to be or may be made by regulations.
Clause 75.—This clause provides for grants by the Central Government.
It provides that the Central Government may, after due appropriation made by Parliamentby law in this behalf, make to the Commission grants of such sums of money as the CentralGovernment may think fit, for being utilised for the purposes of the proposed legislation.
Clause 76.—This clause provides for constitution of Fund of Commission.
It provides that there shall be constituted a fund to be called “the National Commissionfor Human Resource for Health Fund” and there shall be credited thereto, all Governmentgrants, fees and charges received by the Commission and all sums received by the Commissionfrom such other source as may be decided upon by the Central Government.
It further provides that the Fund shall be applied for meeting, the salaries, allowancesand other remuneration of the members, officers and other employees of the Commission,Board, Committee and National Councils; the other expenses of the Commission in connectionwith the discharge of its functions and for the purposes of the proposed legislation and theexpenses of the Board, Committee and National Councils in connection with the discharge oftheir functions and for the purposes of this Act.
Clause 77.—This clause provides for audit of accounts.
It provides that the Commission, Board, Committee, National Council and State Councilshall maintain proper accounts and other relevant records and prepare an annual statementof accounts in such form as may be prescribed, in consultation with the Comptroller andAuditor- General of India and such accounts of the Commission, Board, Committee, NationalCouncil and State Council shall be audited by the Comptroller and Auditor-General of Indiaat such intervals as may be specified by him and any expenditure incurred in connection withsuch audit shall be payable by the Commission to the Comptroller and Auditor-General ofIndia.
It further provides that the Comptroller and Auditor-General of India and any otherpersons appointed by him in connection with the audit of the accounts of the Commission,Board, Committee, National Council and State Council shall have the same rights and privilegesand authority in connection with such audit as the Comptroller and Auditor-General generallyhas in connection with the audit of Government accounts and, in particular, shall have theright to demand the production of books, accounts, connected vouchers and other documentsand papers and to inspect any of the offices of the Commission, Board, Committee, NationalCouncil and State Council.
It also provides that the accounts of the Commission, Board, Committee, NationalCouncil, State Council as certified by the Comptroller and Auditor-General of India or anyother person appointed by him in this behalf, together with the audit report thereon, shall beforwarded annually by the Commission, Board, Committee, National Council and State Councilto the Central Government which shall cause the same to be laid as soon as may be after it isreceived, before each House of Parliament.
Clause 78.—This clause provides for furnishing of returns and reports to the CentralGovernment.
It provides that the Commission, Board, Committee, National Council, State Council,and other committee shall furnish to the Central Government at such time and in such form asmay be prescribed, an annual report giving a summary of their activities during the previous
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year and a copy of such report received by the Central Government shall be laid, as soon asmay be after it is received, before each House of Parliament.
Clause 79.—This clause provides for punishment for establishing institution withoutpermission.
It provides that whoever contravenes the provision of clause 17 shall be punishablewith imprisonment for a term which may extend to one year, or with fine which may extend tofive lakh rupees, or with both for the first offence and in case of second or subsequentoffence, with imprisonment for a term which may extend to three years or with fine which mayextend to twenty-five lakh rupees, or with both.
Clause 80.—This clause provides for penalty for contravention of clause 57.
It provides that any person who contravenes the provisions of clause 57 relating toenrolment shall be punishable with imprisonment for a term which may extend to one year, orwith fine which may extend to five lakh rupees, or with both for the first offence and in caseof second or subsequent offence, with imprisonment for a term which may extend to threeyears or with fine which may extend to twenty-five lakh rupees, or with both.
Clause 81.—This clause provides for penalty for contravention of section 33.
It provides that any person who contravenes the provisions of section 33 shall bepunishable with imprisonment for a term which may extend to one year, or with fine whichmay extend to five lakh rupees, or with both for the first offence and in case of a second orsubsequent offence, with imprisonment for a term which may extend to three years or finewhich may extend to twenty five lakh rupees or with both.
Clause 82.—This clause provides for punishment for furnishing information contraryto which published by institutions.
It provides that where on assessment under clause 37 it is found that the informationprovided by a university or an institution imparting health education, is not in conformitywith the information displayed at its website or information given to the concerned authoritiesfor evaluation and assessment, then the Head of the university or institution in case ofGovernment university or institution and in case of non-governmental university or institution,any director, manager, secretary or other officer of the company, trusts, societies such director,manager, secretary or other officer shall be punishable with imprisonment for a term whichmay extend to one year, or with fine which may extend to five lakh rupees, or with both.
Clause 83.—This clause provides for offences by companies.
It provides that where an offence under the proposed legislation has been committedby a company, every person who, at the time the offence was committed, was in charge of,and was responsible to, the company for the conduct of the business of the company, as wellas the company, shall be deemed to be guilty of the offence and shall be liable to be proceededagainst and punished accordingly and nothing shall render any such person liable to anypunishment provided in the proposed legislation, if he proves that the offence was committedwithout his knowledge or that he had exercised all due diligence to prevent the commissionof such offence.
It further provides that notwithstanding anything contained in sub-clause (1), wherean offence under the proposed legislation has been committed by a company and it is provedthat the offence has been committed with the consent or connivance of, or is attributable to,any neglect on the part of, any director, manager, secretary or other officer of the company,such director, manager, secretary or other officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against and punished accordingly.
It also provides that for the purposes of this clause, “company” means anybodycorporate and includes a firm or other association of individuals; and “director” means awhole-time director in the company and in relation to a firm, means a partner in the firm.
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Clause 84.—This clause provided for offences by societies or trusts.
It provides that where an offence under the proposed legislation has been committedby a society or a trust, every person who, at the time the offence was committed, was incharge of, and was responsible to, the society or trust for the conduct of the business of thesociety or trust, as well as the society or trust, shall be deemed to be guilty of the offence andshall be liable to be proceeded against and punished accordingly and nothing shall renderany such person liable to any punishment provided in the proposed legislation, if he provesthat the offence was committed without his knowledge or that he had exercised all duediligence to prevent the commission of such offence.
It further provides that notwithstanding anything contained in sub-clause (1), wherean offence under the proposed legislation has been committed by a society or trust and it isproved that the offence has been committed with the consent or connivance of, or isattributable to, any neglect on the part of, any director, manager, secretary, trustee or otherofficer of the society or trust, such director, manager, secretary, trustee or other officer shallalso be deemed to be guilty of that offence and shall be liable to be proceeded against andpunished accordingly.
It also provides that for the purposes of this clause, “society” means anybody corporateregistered under the Societies Registration Act, 1860 and, “trust” means any body registeredunder the Indian Trusts Act, 1882 or any other law for the time being in force; and “director”,in relation to society or trust, means a member of its governing board other than an ex officiomember representing the interests of the Central of State Government.
Clause 85.—This clause provides for cognizance of offences.
It provides that no court shall take cognizance of any offence punishable under theproposed legislation, save on a complaint made by the Commission or by an officer authorisedby it and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of thefirst class shall try any offence punishable under the proposed legislation.
Clause 86.—This clause provides for power of Central Government to supersedeCommission, Board, Committee or National Council.
The Central Government may, by notification, supersede the Commission, the Board,the Committee or the National Council, as the case may be, for such period, not exceedingsix months, if the Central Government is of the opinion that on account of circumstancesbeyond the control of the Commission, Board, Committee or National Council, as the casemay be, it is unable to discharge the functions or perform the duties imposed on it by orunder the provisions of the proposed legislation; or that the Commission, Board, Committeeor National Council, as the case may be, has persistently defaulted in complying with anydirection given by the Central Government under the proposed legislation or in the dischargeof the functions or performance of the duties imposed on it by or under the provisions of theproposed legislation and as a result of such default the financial position of the Commission,the Board, the Committee or the National Council, or the administration of the Commission,the Board, the Committee or the National Council, as the case may be, has suffered; or thatcircumstances exist which render it necessary in the public interest so to do.
It further provides that the Central Government before issuing any such notification,the Central Government shall give a reasonable opportunity to the Commission, the Board,the Committee or the National Council, as the case may be, to make representations againstthe proposed supersession and shall consider the representations, if any, of the Commission,the Board, the Committee or the National Council, as the case may be.
It also provides that upon the publication of a notification under sub-clause (1)superseding the Commission, the Board, the Committee or the National Council, as the casemay be, the Chairperson, President, Vice-President and other members shall, as from thedate of supersession, vacate their offices as such; all the powers, functions and dutieswhich may, by or under the provisions of the proposed legislation, be exercised or discharged
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by or on behalf of the Commission, the Board, the Committee or the National Council, as thecase may be, shall, until the Commission, the Board, the Committee or the National Council,as the case may be, is reconstituted under sub-clause (3), be exercised and discharged by theperson or persons referred to in sub-clause (1); and all properties owned or controlled by theCommission, the Board, the Committee or the National Council, as the case may be, shall,until the Commission, the Board, the Committee or the National Council, as the case may be,is reconstituted under sub-clause (3), vest in the Central Government.
It also provides that on or before the expiration of the period of supersessionspecified in the notification issued under sub-clause (1), the Central Government shallreconstitute the Commission, the Board, the Committee or the National Council, as the casemay be, by a fresh appointment of its Chairperson, President, Vice-President and othermembers and in such case any person who had vacated his office under item (a) of sub-clause (2) shall not be deemed to be disqualified for reappointment and the Central Governmentshall cause a copy of the notification issued under sub-clause (1) and a full report of anyaction taken under this section and the circumstances leading to such action to be laidbefore each House of Parliament at the earliest.
Clause 87.—This clause provides for power of State Government to supersede StateCouncil. The State Government may, by notification, supersede the State Council for suchperiod, not exceeding six months, if, at any time the State Government is of the opinion thaton account of circumstances beyond the control of the State Council, it is unable todischarge the functions or perform the duties imposed on it by or under the provisions ofthe proposed legislation; or that the State Council has persistently defaulted in complyingwith any direction given by the State Government under the proposed legislation or in thedischarge of the functions or performance of the duties imposed on it by or under theprovisions of the proposed legislation and as a result of such default the financial positionof the State Council, or the administration of the State Council, has suffered; or thatcircumstances exist which render it necessary in the public interest so to do. The StateGovernment before issuing any such notification, shall give a reasonable opportunity tothe State Council to make representations against the proposed supersession and shallconsider the representations, if any, of the State Council.
It further provides that upon the publication of a notification under sub-clause(1) superseding the State Council, the President and other members shall, as from the dateof supersession, vacate their offices as such; all the powers, functions and duties whichmay, by or under the provisions of the proposed legislation, be exercised or discharged byor on behalf of the State Council shall, until the State Council is reconstituted under sub-clause (3), be exercised and discharged by the person or persons referred to in sub-clause(1); and all properties owned or controlled by the State Council shall, until the State Councilis reconstituted under sub-clause (3), vest in the State Government.
It also provides that on or before the expiration of the period of supersessionspecified in the notification issued under sub-clause (1), the State Government shallreconstitute the State Council, by a fresh appointment of its President and other membersand in such case any person who had vacated his office under item (a) of sub-clause (2) shallnot be deemed to be disqualified for reappointment and the State Government shall cause acopy of the notification issued under sub-clause (1) and a full report of any action takenunder this section and the circumstances leading to such action to be laid before StateLegislature at the earliest.
Clause 88.—This clause provides for declaration of interest.
It provides that the President or Vice-President and other Members of the Board,Committee, National Council or State Council, as the case may be, shall immediately afterentering office and every year thereafter, make a declaration to the extent of their interest,whether direct or indirect and whether financial or otherwise, in any health institution whichcomes under the purview of the Board, Committee, National Council or State Council, as thecase may be, and the same shall be placed in the public domain.
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Clause 89.—This clause provides for restrictions on re-employment.
It provides that the President or Vice-President and other members of the Board,Committee, National Council or the State Council, as the case may be, on ceasing to holdoffice shall not for a period of two years accept any employment (including as consultant orexpert or otherwise) in any health educational institution whose matter has been dealt withby such President, Vice-President or member, as the case may be.
It further provides that nothing in sub-clause (1) shall prevent the President, Vice-President or a member, as the case may be, to accept any employment in any health educationalinstitution controlled or maintained by the Central Government or the State Government.
Clause 90.—This clause provides for Member to act as President, or to discharge hisfunctions, in certain circumstances. It provides that in the event of the occurrence of anyvacancy in the office of the President or other member of the Board, Committee, NationalCouncil or the State Council, as the case may be, by reasons of death, removal, suspensionor resignation, the senior most whole-time member of such the Board, Committee, NationalCouncil or the State Council, as the case may be, shall act as the President till such time thePresident is appointed, to fill the vacancy and when the President is unable to discharge hisfunctions owing to absence on account of leave or otherwise, the senior most whole-timemember shall discharge the functions of the President till the President is able to dischargehis functions.
Clause 91.—This clause provides for restriction on holding office for more than twoterms.
It provides that notwithstanding anything in the proposed legislation, no person shallbe eligible to be appointed or nominated or elected in any capacity in the Commission, Board,Committee, National Council or State Council, whether as the Chairperson or President orVice-President or member for more than two terms.
Clause 92.—This clause seeks to provide for resignation of President, Vice-Presidentor a member of the Board, Committee, National Council or State Council.
It provides that the President, Vice-President or a member of the Board, Committee,National Council or the State Council, as the case may be, may, by notice given in writingunder his hand of not less than a period of thirty days, addressed to the Central Governmentor, as the case may be, the State Government, resign from his office. However, the President,Vice-President or a member of the Board, Committee, National Council or the State Council,as the case may be, shall, unless permitted by the Central Government or, as the case may be,the State Government, to relinquish office sooner, continue to hold office until the expiry ofa period of thirty days from the date of receipt of such notice or until a person duly appointedas his successor enters upon office or until the expiry of his term of office, whichever isearliest.
Clause 93.—This clause provides for removal and suspension of President, Vice-President or a member of the Board, Committee, National Council or State Council.
It provides that the Central Government or, as the case may be, the State Governmentmay, by order, remove from office the President or Vice-President or any member of the Board,Committee, National Council or the State Council, as the case may be, who, has been adjudgedan insolvent; or being whole-time member has engaged at any time, during his term of office,in any paid employment; or has been convicted of an offence which, in the opinion of theCentral Government, involves moral turpitude; or has become physically or mentally incapableof acting as such Chairperson or other Member; or is of unsound mind and stands sodeclared by a competent court; or has been removed or dismissed from the service or officeof the Central Government or of a State Government or from a body owned or controlled bythe Central Government or a State Government or from any Central or State statutory body;has acquired such financial or other interest as is likely to affect prejudicially his functioningas Chairperson or other Member, as the case may be; or has so abused his position as to
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render his continuance in office prejudicial to public interest; or has been guilty of provedmisconduct; or has been guilty of proved conflict of interest in the discharge of functions.
It further provides that the President, Vice-President or member of the Board, Committee,National Council or State Council, as the case may be, shall not be removed from his officeunless he has been given a reasonable opportunity of being heard in the matter. However,the Central Government or, as the case may be, the State Government may, if it considersnecessary in the public interest, suspend such President, Vice-President or other member.
Clause 94.—This clause provides for vacancies, etc., not to invalidate proceedings ofBoard, Committee, National Council or State Council.
It provides that any act or proceeding of the Board, Committee, National Council orState Council, as the case may be, shall not be invalid merely by reason of, any vacancy in,or any defect in the constitution of, the Board, Committee, National Council or State Council,as the case may be; or any defect in the appointment of a person as a Member of the Board,Committee, National Council or State Council, as the case may be; or any irregularity in theprocedure of the Board, Committee, new Council or State Council, as the case may be, notaffecting the merits of the case.
Clause 95.—This clause provides for power to appoint committees or experts.
It provides that the Board, Committee, National Council or State Council shall becompetent to constitute such other committees for general or special purposes, as it mayconsider necessary to carry out the functions assigned to it under the proposed legislation.
It further provides that the Board, Committee, National Council or State Council mayengage such experts for discharging its functions under the proposed legislation for suchperiod, on such qualification and on payment of such fees and remuneration as may bespecified by regulations made by the Commission.
Clause 96.—This clause provides for reporting by universities and institutions.
It provides that every health educational institution under the proposed legislationshall at all times maintain a website and display all such information as may be required bythe Commission, Board or Committee, as the case may be and the Commission, Board orCommittee, as the case may be, shall either themselves or through such other experts, at anytime during the existence of the evaluation or assessment, without any notice may assess theperformance standards and benchmarks as displayed by the University or health institutionon its website.
It further provides that the Central Government may by notification specify suchprocedure as may be necessary to prevent unfair practices by university or institutionsimparting health education.
Clause 97.—This clause provides for establishment of State or regional administrativeoffices.
It provides that the Commission, Board, Committee or the National Council, may, withprior approval of the Central Government, establish State or regional level administrativeoffices, to perform such functions relating to information management, co-ordination andliaison in the State or region for which such office is set up.
Clause 98.— This clause provides for reference of dispute to the Central Government.
It provides that where any dispute arises regarding any recommendation or advice ofBoard or Committee or National Council made to the Commission, it shall be referred to theCentral Government whose decision thereon shall be final and binding.
Clause 99.— This clause provides for appeal against decisions of Commission.
It provides that any person aggrieved by an order made by the Commission underclause 97 may prefer an appeal to the Central Government within such period as may be
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prescribed and no appeal shall be admitted if it is preferred after the expiry of the periodprescribed therefore. However, such appeal may be admitted after the expiry of the periodprescribed therefore if the appellant satisfies the Central Government that he had sufficientcause for not preferring the appeal within the prescribed period.
It further provides that every appeal made under this clause shall be made in such formand shall be accompanied by a copy of the order appealed against and by such fees as maybe prescribed.
It also provides that the procedure for disposing of an appeal shall be such as may beprescribed and before disposing of an appeal, the appellant shall be given a reasonableopportunity of being heard.
Clause 100.—This clause provides for bar of jurisdiction of courts.
It provides that no order refusing to enrol name of any person in the National Registeror the State Register, as the case may be, or removing a name therefrom shall be called inquestion in any court.
Clause 101.— This clause provides for protection of action taken in good faith.
It provides that no suit, prosecution or other legal proceeding shall lie against anyperson for anything which has been done or intended to be done in good faith under theproposed legislation.
Clause 102.— This clause provides for Members, etc., to be public servants.
It provides that the Chairperson, President, Vice-President and Members and the ChiefExecutive Officer, Executive Director and other officers and employees of the Commission,Board, Committee, National Council or State Council, as the case may be, shall be deemed tobe public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Clause 103.—This clause provides for powers of the Commission, Board, Committeeor National Council to call for information or conduct investigations, etc.
It provides that where the Commission, Board, Committee or National Council, as thecase may be, consider it expedient so to do, it may, by order in writing, call upon any healtheducational institution at any time to furnish in writing, such information or explanationrelating to its affairs as the Commission, Board, Committee or National Council, as the casemay be, may require; or appoint one or more persons to make an inquiry in relation to theaffairs of any health educational institution; and direct any of its officers or employees toinspect the books of account or other documents of any health educational institution.
It further provides that where any inquiry in relation to the affairs of an health educationalinstitution has been undertaken under sub-clause (1), every officer of the GovernmentDepartment, if such health educational institution is a department of the Government;every director, manager, secretary or other officer, if such health educational institution is acompany; or every partner, manager, secretary or other officer, if such health educationalinstitution is a firm; or every other person or body of persons who has had dealings in thecourse of business with any of the persons mentioned in sub-clause (2), shall producebefore the Commission, Board, Committee or National Council, as the case may be, makingthe inquiry, all such books of account or other documents in his custody or power relating to,or having a bearing on the subject-matter of such inquiry and also to furnish to the Commission,Board, Committee or National Council, as the case may be, with any such statement orinformation relating thereto, as the case may be, required of him, within such time as may bespecified by the Commission.
It also provides that every health educational institution shall maintain such books ofaccount or other documents as may be specified by regulations made by the Commissionand the Commission, Board, Committee or National Council, as the case may be, shall havethe power to issue such directions to health educational institution as it may consider
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necessary for proper functioning of such institution.
Clause 104.— This clause provides for completion of courses of studies in healtheducational institutions.
It provides that notwithstanding anything contained in the proposed legislation, anystudent of health educational institutions who, immediately before the commencement of theproposed legislation was studying for a degree, diploma or certificate in any such institutionshall continue and complete his course for that degree, diploma or certificate, as the case maybe, and such institutions shall provide for the instruction and examination for such studentin accordance with the syllabus of studies as existed before the commencement of theproposed legislation and shall be deemed to have completed his course of study and awardeddegree, diploma or certificate, as the case may be, under the proposed legislation.
It further provides that notwithstanding anything contained in the proposed legislation,the health educational institution in case of lapse of its recognition whether by efflux of timeor by withdrawal by the Commission or by its voluntary surrender or for any other reasonwhatsoever shall continue to maintain and provide the minimum standards of infrastructureapproved by the Commission till such time that all the candidates are able to complete theirstudy in such institutions.
Clause 105.—This clause provides for power of the Central Government to issuedirections.
It provides that without prejudice to the foregoing provisions of the proposedlegislation, the Commission, Board, Committee or National Council, as the case may be, shall,in exercise of its powers and in performance of its functions under the proposed legislation,be bound by such directions on questions of policy, as the Central Government may give inwriting to it from time to time and the Commission, Board, Committee or National Council, asthe case may be, shall, as far as practicable, be given an opportunity to express its viewsbefore any direction is given under this sub-section. However, if any dispute arises betweenthe Central Government and the Commission, Board, Committee or National Council, as thecase may be, as to whether a question is or is not a question of policy, the decision of theCentral Government shall be final.
Clause 106.—This clause provides for powers of the State Government to issuedirections.
It provides that without prejudice to the foregoing provisions of the proposedlegislation, the State Council shall, in exercise of its powers and in performance of its functionsunder the proposed legislation, be bound by such directions on questions of policy, as theState Government may give in writing to it from time to time and the State Council shall, as faras practicable, be given an opportunity to express its views before any direction is givenunder this sub-section. However, if any dispute arises between the State Government andthe State Council as to whether a question is or is not a question of policy, the decision of theState Government shall be final.
Clause 107.—This clause provides for furnishing of information by the commission,Board, Committee and National Council to furnish information to the Central Government.
It provides that the Commission, Board, Committee and National Council shall furnishto the Central Government any information with respect to their activities as the CentralGovernment may from time to time require.
Clause 108.—This clause provides for powers to amend Schedules.
It provides that the Central Government may, after consultation with the Commission,by notification, add to or otherwise amend any of the Schedules of the proposed legislationand thereupon the said Schedules shall be deemed to be amended accordingly.
Clause 109.— This clause provides for review.
It provides that the Central Government may appoint an independent committee once
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in every five years to review the functioning of the Commission, Board, Committee or NationalCouncil, as the case may be.
Clause 110.—This clause provides to have overriding effect by the proposedlegislation.
It provides that subject to the provisions of sub-clause (2), the provisions of theproposed legislation shall have effect notwithstanding anything inconsistent therewithcontained in any other law for the time being in force or in any instrument having effect byvirtue of any law other than the proposed legislation.
It further provides that the provisions of the proposed legislation or the rules madethereunder shall be in addition to, and not in derogation of, the Indian Medical Degrees Act,1916.
Clause 111.—This clause provides for power of the Central Government to make rules.
It confers upon the Central Government the power to make rules to carry out theprovisions of the proposed legislation. Sub-clause (2) of this clause enumerates the variousmatters in respect of which such rules may be made.
Clause 112.—This clause provides for powers of the Commission to make regulations.
It confers powers upon the Commission to make regulations, consistent with theproposed legislation and the rules made thereunder, to carry out the purposes of the proposedlegislation. Sub-clause (2) enumerates the various matters in respect of which such regulationsmay be made by the Commission.
Clause 113.—This clause provides for powers of the State Government to make rules.
It confers powers upon the State Government the power to make rules to carry out theprovisions of the proposed legislation. Sub-clause (2) of this clause enumerates the variousmatters in respect of which such rules may be made.
Clause 114.—This clause provides for laying of rules and regulations.
This clause provides that every rule and every regulation made and every notificationissued by the Central Government shall be required to be laid before each House of Parliamentand every rule and regulation made by the State Government shall be required to be laidbefore the appropriate State Legislature.
Clause 115.—This clause provides for powers of the Central Government to directregulations to be made or to make or amend the regulations.
It provides that, if the Central Government considers it expedient so to do, it may, byorder in writing, direct the Commission or Board or Committee or National Council, as thecase may be, to make any regulations or to amend or revoke any regulations already madewithin such period as it may specify in this behalf.
It further provides that, if the Commission or Board or Committee or National Council,as the case may be, fails or neglects to comply with such order within the specified period,the Central Government may make the regulations or amend or revoke the regulations madeby the Commission or Board or Committee or National Council, as the case may be, either inthe form specified in the order or with such modifications thereof as the Central Governmentthinks fit.
Clause 116.—This clause provides for power to remove difficulties.
It provides that the Central Government to make, by order published in the OfficialGazette, provisions for removal of difficulties in giving effect to the provisions of the proposedlegislation. Such orders could be made only within two years from the commencement of theproposed legislation. However, every order issued under this clause is required to be laidbefore each House of Parliament.
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Clause 117.—This clause provides for repeal and saving.
It provides that with effect from such date as the Central Government may appoint inthis behalf, the Indian Nursing Council Act, 1947, the Pharmacy Act, 1948, the Dentists Act,1948 and the Indian Medical Council Act, 1956 shall stand repealed and the Nursing Councilof India, the Pharmacy Council of India, the Dental Council of India and Medical Council ofIndia shall stand dissolved. However, during the period between the date of coming intoforce of the proposed legislation and date of repeal of the enactments mentioned in this sub-clause, the existing Nursing Council of India, the Pharmacy Council of India, the DentalCouncil of India and the Medical Council of India, as the case may be, shall not take anydecision or action, except with the prior approval of the Commission on any matter specifiedby it.
It further provides that on the commencement of the proposed legislation, every existingCouncil shall be transferred to, and shall vest in, the Commission and each existing Councilwhich is transferred to, and which vest in, the Commission shall be deemed to include allassets, rights, powers, authorities and privileges and all property, movable and immovable,cash balances, reserve funds, investments and all other rights and interests in, or arising outof, such property as were immediately before the commencement of the proposed legislationin the ownership, possession, power or control of the existing Council, whether within orwithout India, and all books of accounts, registers, records and all other documents ofwhatever nature relating thereto and shall also be deemed to include all borrowings, liabilitiesand obligations of whatever kind then subsisting of the existing Council.
It also provides that if, according to the laws of any country outside India, the provisionsof the proposed legislation by themselves are not effective to transfer or vest any asset orliability situated in that country which forms part of an existing Council to, or in, theCommission, the affairs of the existing Council in relation to such asset or liability shall, onand from the commencement of the proposed legislation, stand entrusted to the Chief ExecutiveOfficer for the time being of the Commission, and the Chief Executive Officer may exercise allpowers and do all such acts and things as may be exercised or done by the existing Councilfor the purpose of effectively transferring such assets and discharging such liabilities. TheChief Executive Officer of the Commission shall, in exercise of the powers conferred on himby sub-clause (4), take all such steps as may be required by the laws of any such countryoutside India for the purpose of effecting such transfer or vesting, and may either himself orthrough any person authorised by him in this behalf realise any asset and discharge anyliability of the existing Council.
It also provides that unless otherwise expressly provided by the proposed legislation,all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representationand other instruments of whatever nature subsisting or having effect immediately before thecommencement of the proposed legislation and to which the existing Council is a party orwhich are in favour of the existing Council shall be of as full force and effect against or infavour of the Commission, and may be enforced or acted upon as fully and effectually as if inthe place of the existing Council, the Commission had been a party thereto or as if they hadbeen issued in favour of the Commission and if, on the appointed day, any suit, appeal orother proceeding of whatever nature in relation to any existing Council which has beentransferred under sub-clause (2) is pending by or against the existing Council, the same shallnot abate, be discontinued or be, in any way, prejudicially affected by reason of the transferof the existing Council or of anything contained in the proposed legislation but the suit,appeal or other proceeding may be continued, prosecuted and enforced by or against theCommission.
It also provides that nothing in the proposed legislation shall be construed as applyingto the assets, rights, powers, authorities and privileges and property, movable and immovable,cash balances and investments in any country outside India (and other rights and interestsin, or arising out of, such property) and borrowings, liabilities and obligations of whatever
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kind subsisting at the commencement of the proposed legislation, of any existing Counciloperating in that country if, under the laws in force in that country. However, notwithstandingsuch repeal, anything done or any action taken under the provisions of the aforesaid Actsshall, insofar as such thing or action is not inconsistent with the provisions of the proposedlegislation, be deemed to have been done or taken under the provisions of the proposedlegislation, as if the said provisions were in force when such thing was done or such actiontaken, and shall continue in force.
Clause 118.—This clause provides for provisions in respect of officers and otheremployees of existing Council and National Board of Examinations.
It provides that every officer or other employee of the existing Council (except thePresident, Vice-President and members of the existing Council) or the National Board ofExaminations, as the case may be, serving in the employment immediately before the appointedday shall become, as from the appointed day, an officer or, as the case may be, other employeeof the Commission and shall hold his office or service therein by the same tenure, at the sameremuneration, upon the same terms and conditions, with the same obligations and with thesame rights and privileges as to leave, leave fare concession, welfare scheme, medical benefitscheme, insurance, provident fund, other funds retirement, voluntary retirement, gratuityand other benefits as he would have held under the existing Council if its undertaking hadnot vested in the Commission and shall continue to do so as an officer or, as the case may be,other employee of the existing Council or until the expiry of a period of six months from theappointed day if such officer or other employee opts not to continue to be the officer or otheremployee of the existing Council within such period and the Commission may transfer anyofficer or other employee or the services of such officers or other employees as it may deemfit, to the Board, Committee or the National Council.
It further provides that where an officer or other employee of the existing Council optsunder sub-clause (1) not to be in employment or service of the Commission, such officer orother employee shall be deemed to have resigned.
It also provides that notwithstanding anything contained in the Industrial DisputesAct, 1947 or in any other law for the time being in force, the transfer of the services of anyofficer or other employee of the existing Council or the National Board of Examinations, asthe case may be, to the Commission shall not entitle such officer or other employee to anycompensation under proposed legislation or under any other law for the time being in forceand no such claim shall be entertained by any court, tribunal or other authority and theofficer and other employees who have retired before the appointed day from the service ofthe existing Council or the National Board of Examinations, as the case may be, and areentitled to any benefits, rights or privileges shall be entitled to receive the same benefits,rights or privileges from the Commission.
It also provides that the provident fund or the gratuity fund of the existing Council orthe National Board of Examinations, as the case may be, and any other bodies created for thewelfare of officer or other employees would continue to discharge their functions in theCommission as was being done hitherto in the existing Council or the National Board ofExaminations, as the case may be, and any tax exemption granted to the provident fund orthe gratuity fund would continue to be applied to the Commission.
It also provides that notwithstanding anything contained in the proposed legislationor in the Companies Act, 1956 or in any other law for the time being in force or in theregulations of the existing Council or the National Board of Examinations, as the case may be,the President or Vice-President or member or the trustees, executive trustee or any otherperson entitled to manage the whole or substantial part of the business and affairs of theexisting Council or the National Board of Examinations, as the case may be, shall not beentitled to any compensation against the Commission for the loss of office or for the prematuretermination of any contract of management entered into by him with the Commission.
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Clause 119.—This clause provides for transitory provisions.
It provides that notwithstanding the repeal of the Indian Nursing Council Act, 1947,the Pharmacy Act, 1948, the Dentists Act, 1948 and the Indian Medical Council Act, 1956, theeducational standards, requirements and other provisions of the Indian Nursing CouncilAct, 1947, the Pharmacy Act, 1948, the Dentists Act, 1948 and the Indian Medical CouncilAct, 1956 and the rules and regulations made thereunder shall continue to be in force andoperate till new standards are specified under the proposed legislation or the rules andregulations made thereunder. However, anything done or any action taken as regards theeducational standards and requirements under the enactments under repeal and the rulesand regulations made thereunder shall be deemed to have been done or taken under thecorresponding provisions of the proposed legisaltion and shall continue in force accordinglyunless and until superseded by anything done or by any action taken under the proposedlegislation and all such courses that are being conducted by the National Board ofExaminations shall continue till the Central Government on the advice of the Commissionnotifies the constitution of the Board under the proposed legislation.
It further provides that the Central Government may, if considered necessary bynotification, take such appropriate measures as may be necessary for smooth transition ofrepealed Councils to the corresponding new Councils and the existing National Board ofExamination to the Board under the proposed legislation.
Clause 120.—This clause relates to resolution of difference of opinion by JointMechanism. This clause provides that in case of any difference of opinion with the NationalCommission for Higher Education constituted under the National Commission for HigherEuducation and Research Act, 2011, the same may be referred to the Joint Mechanismconstituted under section 52 of the National Commission for Higher Education and ResearchAct, 2011 for resolution of such difference of opinion in accordance with the provisions ofthat Act.
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FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for establishment of the National Commission for HumanResources for Health consisting of a Chairperson; four whole-time members; and eight part-time members to be appointed, by the Central Government. Sub-clause (3) of clause 6 of theBill provides that the salary and allowances payable to and other terms and conditions ofservice of the Chairperson and other Members shall be such as may be prescribed.
2. Sub-clause (1) of clause 15 of the Bill provides for the appointment of a ChiefExecutive Officer of the Commission, not below the rank of Additional Secretary to theGovernment of India, who shall be the Member-Secretary of the Commission. Sub-clause (5)of said clause provides that salaries and allowances and other terms and conditions ofservice of the Chief Executive Officer and other officers and employees of the Commissionshall be such as may be prescribed.
3. Clause 23 of the Bill provides for constitution of a Board to be known as the ‘NationalBoard for Health Education’ consisting of a President; two whole-time members; and fourpart-time members to be appointed by the Central Government.
4. Sub-clause (1) of clause 28 of the Bill provides for appointment of an ExecutiveDirector to be appointed by the Board. Sub-clause (2) thereof provides for appointmentother officers and employees by the Board with the previous approval of the Commission.Sub-clause (4) thereof provides that the salaries and allowances payable to, and the otherterms and conditions of service of the other officers and employees of the Board shall besuch as may be specified by regulations made by the Commission.
5. Clause 34 of the Bill provides for constitution of a Committee to be known as theNational Evaluation and Assessment Committee consisting of a President; two whole-timemembers; and four part-time members to be appointed by the Central Government. Sub-clause (3) of clause 36 provides that the salary and allowances payable to and other termsand conditions of service of the President and other members of the Committee shall be suchas may be specified by regulation made by the Commission.
6. Sub-clause (1) of clause 39 of the Bill provides for appointment of an ExecutiveDirector to the National Evaluation and Assessment Committee by the Central Government.Sub-clause (2) thereof provides for appointment of other officers and employees by theCommittee with the previous approval of the Central Government. Sub-clause (3) providesthat the salaries and allowances payable to, and the other terms and conditions of service ofthe Executive Director and other officers and employees of the Committee shall be such asmay be specified by regulations made by the Commission.
7. Sub-clause (1) of clause 41 read with the First Schedule provides for constitution ofnew National Councils, namely, the Medical Council of India for medicine; the Dental Councilof India for dentistry; the Nursing Council of India for nursing; and the Pharmacy Council ofIndia for pharmacy. Sub-clause (2) thereof provides for constitution of the ParamedicalCouncil of India for the disciplines of paramedics. Sub-clause (1) of clause 46 provides forcomposition of National Councils.
8. Sub-clause (1) of clause 52 of the Bill provides for appointment of a Registrar toevery National Council by the Central Government. Sub-clause (2) thereof providesappointment of other officers and employees by the National Council with the prior approvalof the Central Government. Sub-clause (3) provides that salaries and allowances payable to,and the other terms and conditions of service of the other officers and employees of theNational Council shall be such as may be specified by regulations made by the NationalCouncil.
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9. Sub-clause (1) of clause 53 of the Bill provides for constitution of State MedicalCouncil for medicine; the Dental Council for dentistry; the Nursing Council of the State fornursing; the Pharmacy Council for pharmacy; and the Paramedical Council of for paramedics.
10. Clause 75 of the Bill provides that the Central Government may, after dueappropriation made by Parliament by law in this behalf, make to the Commission grants ofsuch sums of money as the Central Government may think fit, for being utilised for thepurposes of this Act. Sub-clause (1) of clause 76 provides for constitution of a fund to becalled the National Commission for Human Resource for Health Fund in which all Governmentgrants, fees and charges received by the Commission; and all sums received by theCommission shall be credited.
11. It is estimated that there would be an expenditure of approximately forty crore ofrupees. Out of this, an amount of thirty-nine crore of rupees would be towards recurringexpenditure and one crore of rupees would be towards non-recurring expenditure.
12. The Bill does not envisage any other expenditure of recurring or non-recurringnature.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 111 of the Bill confers power upon the Central Government to make rules forcarrying out the purposes of the Bill. The matters with respect to which rules may be madehas been set out in sub-clause (2). The matters, inter alia, relate to (a) the manner ofappointment of the Selection Committee under sub-section(1) of section 5; (b) the term ofthe Selection Committee under sub-section (3) of section 5; (c) the salary and allowancespayable to and other terms and conditions of the Chairperson and other members under sub-section (3) of section 6; (d) the salary and allowances and other terms and conditions ofservice the Chief Executive Officer and other officers and employees of the Commissionunder sub-section (4) of section 15; (e) such other functions to be performed by theCommission under clause (p) of sub-section (2) of section 16; (f) any other factors to beconsidered by the Committee and the Commission while passing an order for approving ordisapproving the scheme under clause (g) of sub-section (8) of section 17; (g) the manner ofappointment of the chairperson and members of the Selection Committee under sub-section(1) and their term under sub-section (4) of section 25; (h) the salary and allowances payableto and other terms and conditions of service of the President and other members of the Boardunder sub-section (3) of section 27; (i) such other functions to be performed by the Boardunder clause (ze) of sub-section (2) of section 30; (j) the number of persons to be appointedand the qualifications and experience of the audit committee under sub-section (1) of section38; (k) the procedure and the manner in which the National Councils are to be constitutedunder sub-section (1) of section 47; (l) the manner of conducting elections under sub-section (4) of section 47; (m) the manner of elections of the President and Vice-President ofeach National Council under section 48; (n) such other functions which the National Councilmay perform under clause (g) of sub-section (2) of section 51; (o) the manner in which theNational Register shall be maintained under sub-section (1) of section 58; (p) the manner inwhich the State Register shall be maintained under sub-section (2) of section 58; (q) themanner in which a separate National Register shall be maintained under sub-section (3) ofsection 58; (r) the data capturing method by which the National Councils shall maintain theregister under sub-section (4) of section 57; (s) the manner in which the National Councilshall update and publish the Register under sub-section (5) of section 58; (t) such otherpurposes for which the National Register may be used under sub-section (7) of section 58;(u) the manner in which an application may be made for entry of additional qualificationsunder section 66; (v) the composition of and the procedure to be followed by the ethicscommittee and the ethics appellate committee and terms and conditions of such membersunder sub-section (4) of section 70; (w) the form in which an annual statement of accountsshall be maintained under sub-section (1) of section 76; (x) the time and the form in which anannual report shall be furnished under sub-section (1) of section 78; (y) the period withinwhich appeal may be preferred to the Central Government under sub-section (1) of section99; (z) the form of application and the fees to be paid under sub-section (3), and theprocedure for disposing of an appeal under sub-section (4) of section 99;
2. Clause 112 of the Bill confers power upon the National Commission for HumanResources for Health to make regulations consistent with the Act and the rules madethereunder to carry out the purposes of the Act. The matters with respect to which regulationsmay be made has been set out in sub-clause (2). The matters, inter alia, relate to (a) theconduct of business at the meetings of the Commission under sub-section (5) of section 13;(b) the functions to be discharged by the Chief Executive officer under sub-section (2) ofsection 15; (c) the continuous medical education and the courses workshops and trainingactivities under clause (l) and such other functions under clause (p) of sub-section (2) ofsection 16; (d) the form, particulars and manner in which the scheme shall be made and thefees for submission of the scheme under sub-section (3) of section 17; (e) other functions
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in respect of which fees and charges may be levied under section 22; (f) the salaries andallowances payable to, and other terms and conditions of service of the other officers andemployees of the Board under sub-section (4) of section 28; (g) the manner of conductingexamination for entry to graduate, post graduate, doctoral, post doctoral, super speciality ordiploma courses and fellowship examination by the Board under sub-section (1) of section31; (h) the salary and allowances payable to and other terms and conditions of service of thePresident and other members of the Committee under sub-section (3) of section 36; (i) thequalifications and experience of, and the manner of evaluation and assessment of healtheducational institutions by, the evaluation and assessment agencies under sub-section (5)of section 37; (j) the salary and allowances payable to and other terms and conditions ofservice of the Executive Director and other officers and employees of the Committee undersub-section (3) of section 39; (k) the fees and the conditions for re-entry of name of theperson under sub-section (2) of section 59; (l) the period of suspension of the right ofperson to participate in elections to council under sub-section (2) of section 62; (m) thecircumstances and manner of removal of name of any person enrolled by the National Council,or as the case may be, the State Council under sub-section (1) of section 71; (n) the mannerof filing a complaint with the State Council under sub-section (1) of section 72; (o) the periodfor which the Board, Committee, National Council or State Council may engaged committeesor experts, the qualifications of such experts and the fees and remunerations to be paidunder sub-section (2) of section 95; (p) the books of accounts and other documents to bemaintained by health educational institutions under sub-section (4) of section 103; (q) anyother matter for which provision may be made by regulations by the Commission under thisAct.
3. Clause 113 of the Bill confers power upon the State Government to make rules forcarrying out the purposes of the Bill. The matters with respect to which rules may be madehas been set out in sub-clause (2). The matters, inter alia, relate to (a) the manner in whichthe State Councils are to be constituted and its composition under sub-section (1) of section53; (b) the period of State Council to continue under sub-section (5) of section 53; (c) themanner of election of the President and Vice-President of the State Council to be elected bythe members under sub-section (1) of section 54; (d) manner of enrolment of persons undersub-section (2) of section 57; (e) the data capturing method by which the State Councilsshall maintain the register under sub-section (4) of section 57; (f) the manner in which theState Council shall update and publish the Register under sub-section (5) of section 58; (h)any other matter for which provision may be made by rules by the State Government underthis Act.
4. Sub-clause (1) of clause 114 of the Bill requires that the rules and regulations madeunder the proposed legislation shall have to be laid before Parliament. Similarly, sub-clause (2)of the said clause requires that the rules made by the State Government under the proposedlegislation shall have to be laid before the State legislature.
5. The matters in respect of which the rules and regulations may be made are generallymatters of procedure and administrative detail and it is not practicable to provide for them inthe Bill itself. The delegation of legislative power is, therefore, of a normal character.
RAJYA SABHA
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A
BILLto consolidate the law in certain disciplines of health sector and promote human
resources in health sector and provide for mechanism for the determination,maintenance, coordination and regulation of standards of health educationthroughout the country to ensure adequate availability of human resources in allStates and for the said purpose to establish the National Commission forHuman Resources for Health and to supervise and to regulate professionalCouncils in various disciplines of health sector and for matters connectedtherewith or incidental thereto.
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(Shri Ghulam Nabi Azad, Minister of Health and Family Welfare)
GMGIPMRND—3412RS(S3)—20-12-2011.
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