The Himachal Pradesh Paramedical Council Act, 2003

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 ARRANGEMENT OF SECTIONS Sections: 1. Short title. 2. Definitions. 3. Establishment of Council. 4. Constitution of Council. 5. Disqualifications for membership. 6. Term of office of non-official members of the Council. 7. Resignation by non-official member. 8. Disabilities for continuing as the member of the Council. 9. Filling of casual vacancies. 10. Convening of meeting. 11. Decision of questions by majority of votes. 12. Minutes of proceedings. 13. Vacancies etc. not to invalidate proceedings. 14. Proceedings of meeting to be valid. 15. Allowances of the non-official members of the Council. 16. Power of Council to invite any person having knowledge or experience in para-medicine. 17. Appointment of committee. 18. Power and functions of the Council. 19. Permission for establishment of new paramedical institution. 20. Non-recognition of paramedical qualification in certain cases. 21. Time for seeking permission for certain existing paramedical institutions. 22. Recognition of paramedical qualifications granted by certain paramedical institution whose qualifications are not included in the Schedule. 23. Power to require information as to courses of study and examinations. 24. Inspection of paramedical institutions. 25. Withdrawal of recognition. 2 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 26. Minimum standards of paramedical education. 27. Registration of para-clinical establishments. 28. Application for registration. 29. Cancellation of registration. 30. Minimum standards of para-clinical establishment. 31. Inspection of para-clinical establishment. 32. Registrar and other officers and servants of the Council. 33. Duties of Registrar. 34. Funds of Council. 35. Objects to which fund of Council shall be applied. 36. Accounts and Audit. 37. Budget. 38. Registration, renewal and State Register. 39. Prohibition of collection of capitation fee, donation etc. 40. Power of Council to prohibit entry to, or to order removal from State Register. 41. Alteration of State Register. 42. Procedure in inquiries. 43. Appeal against the order of the Council. 44. Prohibition on practice except as provided in this Act. 45. Prohibition of awarding degree in certain cases. 46. Offences and penalties. 47. Penalty for contravention of sections 19, 20, 21, 27 or 39. 48. Offences by companies. 49. Punishment for dishonest use of certificate. 50. Information to be furnished by the Council. 51. Cognizance of offence. 52. Control by State Government. 53. Power to make rules. 54. Power to make regulations. SCHEDULE. ___________ THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 3 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (ACT NO. 21 OF 2003)1 (Received the assent of the Governor on the 29thOctober, 2003 and was published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary),dated 6th September, 2003, pp. 2197-2240) An Act to provide for the establishment of Paramedical Council in the State of Himachal Pradesh and to regulate the practice by paramedical practitioners and institutions. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-fourth Year of the Republic of India, as follows:- 1. Short title.- This Act may be called the Himachal Pradesh Paramedical Council Act, 2003. 2. Definitions.- In this Act, unless the context otherwise requires,- (a) “approved institution” means a hospital, health center or other such institution recognized by a University as an institution in which a person may undergo the training, if any, required by his course of study before the award of any paramedical qualification to him; (b) “Council” means Paramedical Council established under section 3 of this Act; (c) “Official Gazette” means the Rajpatra, Himachal Pradesh; (d) “para-clinical establishment” means a place catering to pathological, bacteriological, genetic radiological, biological investigations or other diagnostic services with the aid and assistance of devices and equipments, established as an independent entity or part of an establishment such as a hospital, nursing home, polyclinic, sanatorium, maternity home, immunisation or vaccination clinics, dispensary, special camps where physically or mentally sick, infirm, injured or disabled person is admitted as a patient for treatment, observation or care or seen as outpatient; (e) “paramedical” means any person qualified in paramedical subject and who helps inteaching or practice of- (i) medicine within the meaning of clause (f) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956); or 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 18th July, 2003, pp. 919 and 941. 4 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (ii) medicine in Homoeopathy within the meaning of clause (4) of section 2 of the Himachal Pradesh Homoeopathic Practitioners Act, 1979 (3 of 1980); or (iii) medicine in Ayurvedic System and Unani System within the meaning of clause (e) and (h) respectively of section 2 of the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968 ( 21 of 1968); (f) “paramedical institution” means any institution, within or outside India, which grants degrees, diplomas, certificates or licence in paramedical; (g) “paramedical qualification” means the qualification relating to paramedical education, mentioned in the Schedule appended to this Act; (h) “prescribed” means prescribed by rules made under this Act; (i) “President” means the President of the Council; (j) “recognized paramedical qualifications” means a degree, diploma or certificate in any paramedical qualifications, granted by any University established by law or any other institution recognized by the State Government in this behalf; (k) “registered paramedical practitioner” means a person registered as such under section 38 of this Act; (l) “Registrar” means the Registrar appointed by the Council under section 32 of this Act; (m) “Schedule” means a Schedule appended to this Act; (n) “State Government” means Government of Himachal Pradesh; and (o) “State Register” means a register maintained under this Act and expression “registered” and “registration” shall be construed accordingly. 3. Establishment of Council.- (1) The State Government shall, as soon as may be, establish, by notification published in the Official Gazette, a Council with effect from such date, as may be specified therein (2)The Council shall be a body corporate by the name of the Himachal Pradesh Paramedical Council, and shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable and to contract and to do all other things necessary for the purpose of this Act and may by the said name sue and be sued. 4. Constitution of Council.- (1) The Council shall consist of the following members, namely:- THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 5 (i) EX-OFFICIO MEMBERS : (a) Director, Medical Education, Himachal President Pradesh (b) Director, Health Services, Himachal Vice-President Pradesh (c) Director, Dental Health Services, Member Himachal Pradesh (d) Director, Ayurveda, Himachal Pradesh Member (e) Heads of Department of Orthopaedics, Members Indira Gandhi Medical College, Shimla and Dr. Rajindra Prasad Government Medical College, Tanda (f) Professor and Heads of Department of Members Microbiology Indira Gandhi Medical College, Shimla and Dr. Rajindra Prasad Government Medical College, Tanda (g) Professor and Heads of Department of Members Bio-Chemistry, Indira Gandhi Medical College, Shimla and Dr.Rajindra Prasad Government Medical College, Tanda (i) Professors and Heads of Department of Member Pathology, Indira Gandhi Medical College, Shimla and Dr.Rajindra Prasad Government Medical College, Tanda (j) Professors and Heads of Department of Members Radiology, Indira Gandhi Medical College, Shimla and Dr. Rajindra Prasad Government Medical College, Tanda. Professor and Heads of Department of Members Physiotherapy, Indira Gandhi Medical College, Shimla and Dr. Rajindra Prasad Government Medical College, Tanda. (ii) NON-OFFICIAL MEMBERS : Five elected members of the registered paramedical practitioners and two from para medical Institutions and two from Para-clinical establishment to be elected from amongst themselves in such manner, as may be prescribed by regulations: Provided that in case of constitution of the Council for the first time after the commencement of this Act, the members of this category shall be nominated by the State Government till the assumption of office by the elected members: 6 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (iii) Registrar shall be the Secretary of the Council. (2) No person shallat the same time serve as a member in more than one capacity. 5. Disqualifications for membership.- A person shall be disqualified for being a non-official memberif- (a) he is not a citizen of India; or (b) he is an undischarged insolvent; or (c) he is of unsound mind and stands so declared by a competent court; or (d) he has been sentenced for an offence involving moral turpitude; or (e) he is an employee of theCouncil and is remunerated by salary or honorarium; or (f) his name has been removed from the State Register, or from the register of registered medical or paramedical practitioner maintained under any Act for the time being in force. 6. Term of office of non- official members of the Council.- (1) Save as otherwise provided in this Act, non-official members shall hold office for a term of three years from the date of first meeting of the Council. (2) Notwithstanding the expiration of the term specified under sub- section (1), an outgoing member shall continue in office until a new member is nominated or elected, as the case may be, and assumes office. 7. Resignation by non-official member.- Any non-official member of the Council may resign from his office by a letter addressed to the President and the resignation shall take effect from the date of acceptance of his resignation by the President. 8. Disabilities for continuing as the member of the Council.- (1) If any non-official member of the Council during the period of his office- (a) absents himself from three consecutive meetings of the Council without the permission of the Council; or (b) remained abroad for a period exceeding twelve consecutive months; or (c) becomes subject to any of the disqualifications specified in section 5; or (d) ceases to be registered paramedical practitioner under any Act, for the time being in force, the Council shall declare his office as vacant : THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 7 Provided that no declaration shall be made under this sub-section unless a reasonable opportunity of being heard is given to the concerned member of the Council. (2) Any non-official member aggrieved by a declaration under sub- section (1) may prefer an appeal to the State Government within ninety days from the date of such declaration and the decision of the State Government thereon shall be final. 9. Filling of casual vacancies.- If a non-official member of the Council dies or resigns, or otherwise ceases to be a member, the vacancy shall be filled, as soon as may be, by election, and the person so elected shallhold office for the unexpired term of office of the member in whose place he becomes a member. 10. Convening of meeting.- (1) The Council shall meet on such time, date and place, as the President may fix. (2) The President may, whenever he thinks fit, call a special meeting, and shall be bound to do so within two weeks of the receipt of written requisition, signed by not less than eight members of the Council. (3) The notice of every meeting specifying the time and place thereof and the business to be transacted thereat, shall be dispatched to every member fifteen clear days before an ordinary meeting and seven clear days before a special meeting. (4) No business other than that specified in the notice relating thereto, shall be transacted at a meeting except with the permission of the chair. (5) Every meeting shall be presided over by the President and in his absence by the Vice-President and in the absence of both by any other member chosen by the members present. (6) Any meeting of the Council may, with the consent of the majority of the members of the Council present, be adjourned from time to time, to a later hour on the same day or to any other date, but no business other than left over at the adjourned meeting shall be transacted at such meeting. A notice of adjournment pasted in the office of the Council or at the place of meeting, on the day on which the meeting is adjourned, shall be deemed sufficient notice of the next ensuing meeting. (7) The quorum for a meeting of the Council shall be one third of the total number of members of the Council. (8) If any time in a meeting there is no quorum, the presiding authority shall adjourn it to such time or date as it thinks fit and the business set down for the meeting shall be transacted at the subsequent meeting, whether at such meeting there is a quorum or not. (9)No business other than the business fixed for the meeting, shall be transacted at such subsequent meeting. 8 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (10) A notice of adjournment shall be affixed in the office of the Council or at the place of meeting, on the day on which the meeting is adjourned. 11. Decision of questions by majority of votes.- Save as otherwise provided in this Act, all questions brought before any meeting of the Council, shall be decided by a majority of votes of the members present and in case votes being equal the presiding authority at the meeting shall have a second or casting vote. 12. Minutes of proceedings.- (1) The minutes of proceedings of each meeting of the Council shall be recorded in abook to be kept for the purpose and the names of the members of the Council present thereat shall be entered in the minute book; and shall be signed in confirmation by the presidingauthority in the same or next meeting. (2) A copy of the minutes of proceedings of each meeting of the Council shall be forwarded to the State Government within ten days from the date of confirmation. 13. Vacancies etc. not to invalidate proceedings.- No Act or proceedings of the Council shall be invalid merely by reason of- (a) any vacancy therein, or any defect in the constitution thereof; or (b) any defect in the election or nomination of a person as a member thereof; or (c) any irregularity in its procedure not affecting merits of the case. 14. Proceedings of meeting to be valid.- Unit the contrary is proved, every meeting of the Council shall be deemed to have been duly convened when the minutes of the meeting have been signed in accordance with the provisions of this Act. 15. Allowances of the non-official members of the Council.- The non-official members of the Council shall receive such travelling and other allowances, as may be prescribed by regulations. 16. Power of Council to invite any person having knowledge or experience in para-medicine.- (1) The Council may, if it thinks necessary, invite any person having special knowledge or experience in para-medicine to its meeting, to hear his views on the subject and such person shall have right to take part in the discussion on the subject but shall not have the right to vote in the meeting of the Council. (2) The invitee shall be entitled to receive such allowances as are admissible to the non-official membersof the Council. 17. Appointment of committee.- (1) The Council may appoint, from time to time and for such period a committee consisting of such number of its THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 9 members as it may think fit and may refer to such committee for enquiry and report or for opinion any matter under this Act. (2) The committee appointed under sub-section (1) shall at its first meeting elect one of its members to be its Chairman. (3) The mode of appointment of such committee, the summoning and holding of meetings and the conduct of business of such committee shall be such as may be prescribed by regulations. 18. Power and functions of the Council.- (1) Subject to the provisions of this Act and the rules made thereunder, the Council shall exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, the powers and functions of the Council shall be,- (a) to maintain the State Register of paramedical practitioners; (b) to hear and decide appeals from the decision of the Registrar in such manner, as may be prescribed by regulations; (c) to prescribe by regulations a code ofethics for regulating the professional conduct of registered paramedical practitioners; (d) to reprimand a registered paramedical practitioner, or to suspend or remove the name from the State Registrar, or to take such other disciplinary action against him, as may, in the opinion of the Council, be necessary or expedient; (e) to permit any member to be absent from three consecutive meetings of the Council; (f) to promote innovations, research and development in establishment of new paramedical subjects; (g) to formulate schemes for promoting paramedical education; (h) to promote an effective link between Paramedical Education, Medical Education and Ayurvedic System of Medicine and to promote research and development in these subjects; (i) to lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examinations and continuing medical education; (j) to fix norms and guidelines for charging tuition and other fees; (k) to advise the State Government in respect of grant of charter to any paramedical body or institution in the field of education; 10 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (l) to provide guidelines for admission of student of paramedical institution and Universities imparting paramedical education; (m) to inspect or cause to be inspected any paramedical institution; (n) to constitute or authorize a Board for conducting the examination and to maintain uniformity of standard; (o) to register para-clinical establishments; (p) to prescribe minimum standards for the establishment of para- clinical establishments; (q) to perform such other functions, as may be prescribed; and (r) to conduct the election of members under item (ii) of sub- section (1) of section 4. 19. Permission for establishment of new paramedical institution.- (1) Notwithstanding anything contained in this Act,- (a) no person shall establish a para-medical institution; and (b) no paramedical institution shall- (i) open a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized paramedical qualification; or (ii) increase its admission capacity in any course of study or training, except with the previous permission of the State Government obtained in accordance with the provisions of this section. Explanation.- For the purposes of this section, the expression “ person” includes any University or a trust but does not include the State Government. (2) Every person or paramedical institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Council a scheme in accordance with the provisions of sub-section (3). (3) The scheme referred to in sub-section (2) shall be in such form, contain such particulars, preferred in such manner and accompanied with such fee, as may be prescribed. (4) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it from the person or the paramedical institution concerned and thereafter, it may- (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or institution concerned for making a written representation and THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 11 it shall be open to such person or paramedical institution to rectify the defects, if any, specified by the Council; and (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 the State Government. (5) The State Government may, after considering the scheme and the recommendations of the Council under sub-section (4) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or institution concerned, and having regard to the factor referred to in sub- section (1), either approve ( with such conditions, if any, as it may consider necessary)or disapprove the scheme and any such approval shall be a permission under sub-section (1) : Provided that no scheme shall be disapproved by the State Government except after giving the person or institution concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or paramedical institution whose scheme has not been approved by the State Government to submit a fresh scheme and the provisions of this section shall apply to such scheme as if such scheme has been submitted for the first time under sub-section (2). (6) Where, within a period of one year from the date of submission of the scheme to the Council under sub-section (2), no order passed by the State Government has been communicated to the person or institution submitting the scheme, such scheme shall be deemed to have been approved by the State Governmentin the form in which it had been submitted to the Council and accordingly, the permission of the State Government required under sub- section (1) shall also be deemed to have been granted. (7) In computing the time limit specified in sub-section (6), the time taken by the person or institution concerned submitting the scheme in furnishing any particulars called for by the Council, or State Government, shall be excluded. (8) The Council, while making its recommendations under clause (b) of sub-section (4) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (5), shall have due regard to the following factors, namely :- (a) whether the proposed paramedical institution or the existing paramedical institution seeking to open a new or higher course of study or training, shall be in a position to offer the minimum standards of paramedical education as prescribed by the Council under section 26 of this Act; (b) whether the person seeking to establish a paramedical institutionor the existing paramedical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources; 12 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (c) whether necessary facilities in respect of staff, equipment, training and other facilities to ensure proper functioning of the paramedicalinstitution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time limit specified in the scheme; (d) whether adequate hospital facilities, having regard to the number of students likely to attend such paramedical institution or course of study or training or as a result of the increased admission capacity, have been provided or shall be provided within the time-limit specified in the scheme; (e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such paramedical institution or course of study or training by persons having the recognized paramedical 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 State Government passes an order either approving or disapproving a scheme under this section a copy of the order shall be communicated to the persons or paramedical institution concerned. 20. Non-recognition of paramedical qualification in certain cases.- Where any paramedical institution is established or any paramedical institution opens a new or higher course of study or increases its admission capacity without the previous permission of the State Government in contraventionof the provision of this Act, paramedical qualification so given to any student by such paramedical institution, shall not be recognized paramedical qualification for the purpose of this Act. 21 Time for seeking permission for certain existing paramedical institutions.- If any person has established a paramedical institution or any paramedical institution has opened a new or higher course of study or training or increases the admission capacity, such person or paramedical institution, as the case may be, shall seek within a period of one year from the commencement of this Act, the permission of State Government under the provisions of this Act. 22. Recognition of paramedical qualifications granted by certain paramedical institutions whose qualifications are not included in the Schedule.- Any paramedical institution in India, which desires a paramedical qualification granted by it, to be included in the Schedule, may apply to the State Government with such application fee as may be fixed by regulations to have such qualification recognized and the State Government, after consulting the Council, may by notification in the Official Gazette, amend theSchedule as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of Schedule against such THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 13 paramedical qualification declaring that it shall ba a recognised paramedical qualification only when granted after specified date. 23. Power to require information as to courses of study and examinations.- Every University or paramedical institution in India which grants a recognized paramedical qualification, shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification as to the age at which such courses of study and examinations are required to be undergone and such qualifications conferred and generally as to the requisite for obtaining such qualification. 24. Inspection of paramedical institution.- The Council shall cause all paramedical institution to be inspected as and when deemed necessary. 25. Withdrawal of recognition.- (1) If it appears to the Council,- (a) that the courses of study and examination to be undergone in orthe proficiency required from candidates at any examination held by any University or paramedical institution do not conform to the standards prescribed by regulations by the Council; or (b) that the staff, equipments, accommodation, training and other facilities for instruction and training provided in such University or paramedical institution or in any college or other institution affiliated to thatUniversity do not conform to the standards prescribed by regulations by the Council, the council shall take action for the withdrawal of recognition. (2) Before withdrawal of recognition, the Council shall send a show cause notice to the paramedical institutionor University specifying the period within which the reply shall be submitted. (3) On receipt of the reply or where no reply is submitted within the period specifiedin the show cause notice then on expiry of that periodthe Council shall take decision in the matter. 26. Minimum standards of paramedical education.- The Council may prescribe by regulations the minimum standards of paramedical education required for granting recognized paramedical qualifications (other than postgraduate paramedical qualification) by the paramedical institution in India. 27. Registration of paramedical establishments.- No person shall open, keep or carry on a para-clinical establishment without being registered as such under this Act and except in accordance with the terms of registration granted under this Act: Provided that nothing in this section shall apply to a para-clinical establishment which is in existence on the date of commencement of this Act, for a period of six months from such date or where an application is made 14 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 within that period in accordance with provisions of section 28 of this Act, till such time as, the application is disposed of. 28. Application for registration.- (1) Every person intending to carry on a para-clinical establishment shall make an application to the Council for registration of the clinical establishment within a period of three months from the date ofcommencement of this Act. (2) Every application for registration of para-clinical establishment under sub-section (1) or for renewal of the registration under sub-section (6) shall contain such particulars and shall be accompanied by such fees, asmay be prescribed by regulations. (3) The Council, if satisfied that the applicant and the para-clinical establishment fulfils such terms and conditions as may be prescribed, shall register the applicant and such para-clinical establishment shall grant him in relation to the para-clinical establishment a certificate of registration in such form as maybe prescribed within a specified period. (4) The Council may reject an application if it is satisfied that the applicant or the para-clinical establishment does not fulfil the conditions prescribed under sub-section (3) and in every case where the application is rejected, reasons therefor shall be recorded in writing. (5)A certificate of registration issued under this section, subject to the provisions of section 29, of this Act, shall be in force and shall be valid for a period of five years from the date on which it is granted under sub-section (3) unless cancelled earlier as per provisions of this Act. (6) An application for renewal of a registration shall be made within a period of six months before the expiry of validity of registration certificate issued under sub-section (3). 29. Cancellation of registration.- At any time after a para-clinical establishment is registered under section 28 of this Act, the Council, may cancel such registration if it is satisfied,- (i) that the terms and conditions of the registration are not being complied with: or (ii) that the person in whose name the para-clinical establishment is registered has been convicted of an offence punishable under this Act; or (iii) that any other person including a juristic person who has been convicted of an offence under this Act is associated with another juristic person or other para-clinical establishment. 30. Minimum standards of para-clinical establishment.- (1) Every para-clinical establishment shall have such minimum standards of buildings, space, facility, equipment and manpower as are prescribed by the Council by regulations. THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 15 (2) Every para-clinical establishment shall maintain and keep records of all persons attended or admitted or treated in the manner prescribed and such records or extracts thereof shall be made available to the Council or the authorized technical officer of the State Government not below the rank of the Chief Medical Officer on demand. (3) On demand an authenticated copy of the record of admission, consultation, tests, diagnosis and treatment shall be made available by the clinical establishment to the patient or any of his family members or any other person specifically authorized by the patient to this effect. 31. Inspection of para-clinical establishment.- (1) The Council or any authorized technical officer of the State Government, not below the rank of a Chief Medical Officer, subject to general or special order as may be made by the State Government, enter and inspect any premises which are used or for which the Council, or the officer of the State Government so authorized has reasonable cause to believe that these are being used for the purpose of para-clinical establishment. (2) If the Council or the officer authorized under sub-section (1) has any reason to believe that any article or class of articlesor any records are liable to be seized for the contravention of the provisions of this Act, he may seize any article or record which in his opinion is useful or relevant for initiating any proceeding under this Act and give receipt for articles or records so seized. (3) The provision of the Criminal Procedure Code, 1973 (2 of 1974) relating to searches and seizures shall, as far as may be appropriate, apply to such every search or seizure made under this Act. 32. Registrar and other officers and servants of the Council.- (1) The Council shall, with the prior approval of the State Government, appoint a Registrar who shall act as Secretary of the Council. (2) The Council may, with the prior approval of the State Government, employ such other officers and servants as it may deem necessary for carrying out the provisions of this Act. (3)The qualifications, conditions of service and pay scales of the Registrar and other officers and servants shall be such as the Council may determine by regulations, with the prior approval of the State Government. (4) The Registrar or any other officer or servant appointed by the Council under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Panel Code, 1860 (45 of 1860). 33. Duties of Registrar.- (1) It shall be the duty of the Registrar to keep and maintain the State Register in accordance with the provisions of this Act and any order made by the Council to revise it from time to time in such manner as may be prescribed by regulations, to publish it in the Official Gazette and to discharge such other functions as are or may be required to be discharged by him under this Act and the rules and regulations made thereunder. 16 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 (2) It shall be the duty of the Registrar to ensure that the State Register is as far as possible correct at all time and may from time to time enter therein any material alteration in the address or qualifications of the registered para-medical practitioner. (3) The Registrar may remove from the State Register the name of the registered paramedical practitioner who dies or whose name is directed by the Council to be removed from the State Register or who ceases to be the registered paramedical practitioner. (4) On an application made by the registered paramedical practitioner, if the Council is satisfied that the such practitioner has not ceased to practise, then the Council may direct the Registrar to restore the name of such practitioner in the State Register and the Registrar shall comply with such directions. 34. Funds of Council.- The Council shall establish a fund to be called the fund of the Council to which shall be credited,- (a) any contribution or grant by Central or State Government; (b) the income of the Council from all sources including income from fees and fines; (c) the trust, donations, endowment and other grants, if any; and (d) all other sums received by the Council. 35. Objects to which fund of the Council shall be applied.- The fund of the Council shall be applied,- (a) to the repayments of debts incurred by the Council for the purpose of this Act and the rules and regulations made thereunder; (b to the expenses of any suit or legal proceedings to which the Council is a party; (c) to the payment of salaries and allowances to the officers and servants of the Council; (d) to the payment of allowances to the office bearers of the Council; (e) to the payment of any expenses incurred by the Council in carrying out the provisions of this Act and the rules and regulations made thereunder; and (f) to any other expenses incurred for the promotion and development of paramedical education, research and training, declared by the Council to be in the general interest of paramedical profession. 36. Accounts and Audit.- (1) The accounts of the Council shall be prepared before such date and at such intervals and in such manner, as may be prescribed by regulations. THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 17 (2) The accounts of the Council shall be audited by the registered chartered accountant and the audit fee of the chartered accountant shall be such, as may be fixed by the Council, by regulations. (3) As soon as the accounts of the Council are audited, the Council shall send a copy thereof, to the State Government, in such manner, as may be prescribed by regulations. 37. Budget.- (1) The Registrar shall cause to be prepared in such form as may be prescribed, by regulations, a budget for the financial year, showing the estimated receipts and expenditure and shall cause it to be laid before the Council at such time, in such manner, as may be prescribed by regulations. (2) Within fifteen days from the date of meeting in which the budget is passed, it shall be forwarded to the State Government. (3) If the State government is of the opinion that provisions of the budget so forwarded to it are not adequate for carrying out the purposes of this Act, it shall return the budget to the Council for such modification as may be suggested by the State Government. (4) The Council shall be competent to re-appropriate such amount as may be necessary from one head to another head and minor heads. (5) The Council, may as and when required, pass a supplementary budget in such form as may be prescribed by regulations and the provisions of sub-sections (2), (3) and (4) shall apply to such supplementary budget. 38. Registration renewal and State Register.- (1) No person shall be registered on the State Register as paramedical practitioner unless he possesses a recognised qualification and has not paid such fee, as may be prescribed and different fee may be prescribed for different qualificationsbut it shall not exceed one thousand rupees and the registration shall be valid for a period of three years. (2) The Council shall cause to be maintained a State Register of paramedical practitioners in such form, as may be prescribed, by regulations. (3) The Register shall be deemed to be public document within the meaning of Indian Evidence Act, 1872 (1 of 1872). (4) Every registered paramedical practitioner registered under sub- section (1) shall renew his registration after every three years on payment of such fee as may be prescribed. 39. Prohibition of collection of capitation fee, donation etc.- No person or paramedical institution who is in charge of, or is responsible for the management of any paramedical institution, shall- (a) accept, either directly or indirectly any donation, gift or other payment (by whatever name called), whether in cash or in kind, or any amount by way of capitation fee; or (b) receive any fee or amount in excess of scale of fees presented by the council. 18 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 40. Power of council to prohibit entry to or to order removal from State Register.- The Council may, upon reference from the Registrar or otherwise, by order prohibit the entry in, or order the removal from the State Register, the name of any person,- (a) who has been sentenced by a criminal court to imprisonment for an offence which involves moral turpitude; or (b) whom the Council, after enquiryhas found guilty of professional misconduct by passing a resolution of majority of two third of the members of the Council present and voting at the meeting : Provided that no order shall be passed under this section without giving a reasonable opportunity of being heard to the person concerned. 41. Alteration of State Register.- (1) The Council may, after giving the person concerned a reasonable opportunity of being heard, order that any entry in the State Register, which in the opinion of the Council, has been fraudulently or incorrectly made or brought, be cancelled or amended. (2) The Council may direct the removal forever, or for a specified period from the State Register, the name of anyregistered paramedical practitioner for the same reason for which registration may be prohibited by the Council under section 40 of this Act. (3) The Council may direct that the name removed under sub-section (2) shall be restored subject to such condition, if any, which the Council may deem fit to impose. 42. Procedure in inquires.- For the purpose of any inquiry under the provisions of this Act, the Council or any committee appointed under sub- section (1) of section 17 shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 ( 1 of 1972) and the Code of Civil Procedure 1908 (5 of 1908) and shall exercise all powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 ( 37 of 1850) and such inquiries shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries) Act, 1850. 43. Appeal against the order of the Council.- Any person,- (a) whose application for registration in the State Register is rejected under section 38or 41 of thisAct; or (b) whose entry in the State register is prohibited under section 40 of this Act; or (c ) whose name, from the State Register is removed, may, within ninety days of the order of rejection, prohibition or removal, as the case may be, appeal to the State Governmentand the decision of the State Government thereon shall be final. THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 19 44. Prohibition on practice except as provided in this Act.- (1) Save as otherwise provided in this Act, no person shall practise or hold himself out, whether directly, as practising habitually for personal gain as a paramedical practitioner within the State. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees or with both. 45. Prohibition of awarding degree in certain cases.- (1) Where the Council own its own motion or on any representation received or otherwise is satisfied that any person or paramedical institution has contravened all or any of the provisions of this Act or the rules or regulations made or orders issued there- under it may, with the previous approval of the State Government, and subject to such conditions as it may thinks fit to impose,- (a) in the case of the first contravention, prohibit the paramedical institution concerned from presenting such students in relation to which the contravention has been made to any University or medical institution for taking any examination which would enable such students to qualify themselves for the award of any recognised medical qualification ; and (b) in the case of any second or subsequent contravention take such action under this Act as it may consider necessary including action to prohibit the paramedical institution concerned from making any further admission of students: Provided that no such order shall be passed by the Council unless the paramedical institution and the students concerned have been given a reasonable opportunity of being heard. (2) A copy of any order passed by the Council under sub-section (1), shall be communicated to the paramedical institution and the student concerned and a copy thereof shall simultaneously be forwarded to the University or paramedical institution concerned. (3) Notwithstanding anything contained in any other law for the time being in force, an order passed by the Council under sub-section (1) and communicated to the University or paramedical institution under sub-section (2) shall be final and binding on the said University or paramedical institution. (4) Any paramedical qualification granted to any student of such paramedical institution on the basis of any examination or other test held after the date of communication of the order to the University or paramedical institution under sub-section (2) shall cease to be a recognised paramedical qualification in relation to such students for the purposes of this Act. (5) Where an order has been passed by the Council under sub-section (1) in relation to any paramedical institution, the State Government may on its own motion or on any representation received by it, if it is of the opinion that it is necessary or expedient so to do in the interest of the students of such 20 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 paramedical institution, take such steps as may be considered necessary to safeguard the interest of students studying in such paramedical institutions. 46. Offences and penalties.- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, any paramedical institution established or courses started or increases the admission capacity without prior permission of the State Government as required under section 19 of this Act, shall not be regularized by any authority whatsoeverincluding the State Government. (2) Whoever contravenes the provisions of sub-section (1) shall not be eligible for any permission under section 19 of this Act and this disqualification shall remain in force for a period of five years from the date on which the violation of section 19 of this Act is established. (3) In case any approved or recognised paramedical institution starts a course and admits students without the prior permission of the State Government, the approved admission capacity of such institution in all its approved courses shall be reduced by 25 % and such institutionshall not be allowed to admit any student against the management or Non Resident Indian quota in the next academic year. 47. Penalty for contravention of sections 19, 20, 21, 27 or 39.- (1) Whoever contravenes the provisions of sections 19, 20, 21, 27 or 39 of this Act shall without prejudice to the provisionsof section 45 of this Act be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years and with fine which may extend to five lacs rupees but shall not be less than fifty thousand rupees. (2) Where a conviction is made under sub-section (1) the court may in addition to awarding any punishment under that sub-section, by order in writing, require the paramedical institution or any other person convicted to refund the money so collected in excess to the person from whom it was collected within such period as may be specified in the order. 48. Offences by companies.- (1) Where an offence under this Act has been committed by a company very persons 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 shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that 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, as the case may be, shall be deemed to be guilty THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 21 of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purpose of this section- (a) “company” means anybody corporate and includes a firm institution, a society, a trust or other association of individual: and (b) “Director” in relation to a firm means person in the firm. 49. Punishment for dishonest use of certificate.- Any person who,- (a) dishonestly makes use of any certificate of registration granted under this Act; or (b) procures or attempts to procure registration under the provisions of this Act by making or producing or causing to be made or produced any false or fraudulent declaration, certificate or representation whether in writing or otherwise; or (c) wilfully makes or causes to be made any false representation in any matter relating to the certificate of registration issued under the provisions of this Act, shall on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to twenty thousand rupees but shall not be less than five thousand rupees or with both. 50. Information to be furnished by the Council.- The Council shall furnish such reports, copies if its minutes, abstracts of its accounts and other information to the State Government as it mayrequire. 51. Cognizance of offence.- (1) No court shall take cognizance ofan offence punishable under this Act except upon a complaint, in writing, made by the Registrar or any other officer authorized by the Council in this behalf, by a general or special order. (2) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act. 52. Control by State Government.- If at any time it appears to the State Government that Council has failed to exercise or has exceeded or abused any of the powers conferred, or has failed to perform any of the duties imposed, upon it by or under this Act, the State Government may, if considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, requiring it to remedy such failure, excess or abuse within such period as may be specified in the notice and if the Council fails to remedy such failure, excess or abuse within specified period, the State Government may dissolve the Counciland cause all or any of the powers and duties of the Council to be exercised and performed by any other Officer authorized by the State Government in this behalf, by order for such period 22 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 not exceeding six months and shall take steps to bring in to existence a new Council. 53. Power to make rules.- (1) The State Government may, by notification in the Official Gazette and after previous publication, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly make any modification in the rule or decides that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 54. Power to make regulations.- (1) The Council may, with the previous approval of the State Government and subject to rules made under section 53 of this Act, may by notification in the Official Gazette, make regulations to carry out purposes of this Act, and without prejudice to the generality of forgoing powers, such regulations may, provide for,- (a) the management of the property of the Council and the maintenance and audit of its account; (b) the manner of election of members of the Council; (c) the powers and duties of the President and Vice-President; (d) the mode of appointment of committees, the summoning and holding of meetings and the conduct of business of such committees; (e) the travelling and other allowances payable to the non-official members of the Council; (f) the manner to hear and decide appeals from the decision of the Registrar under clause (b) of sub-section (2) of section 18 of this Act; (g) the code of ethics for regulating the professional conduct under clause (c) of sub-section (2) of section 18 of this Act; (h) the qualifications, the conditions of service and payscales of the Registrar and other officers and servants under sub- section (3) of section 32 of this Act; (i) the manner of revision of State Register under sub-section (1) of section 33 of this Act; and (j) the form of State Register under sub-section (2) of section 38 of this Act. THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 23 (2) The State Government on receipt of regulations for approval, may approve the same without any modifications or with modifications as it may think fit or return to the Council for reconsideration. __________ SCHEDULE PARAMEDICAL QUALIFICATIONS [See section 2 (g)] 1. Physiotherapy/Occupational therapy course. 2. Speech Therapy Course. 3. Audiologist. 4. Laboratory Technician (various types). 5. X-ray Technicians / Radiographer. 6. B. C. G. Technician. 7. Cyto Technician. 8. Ortho Technician. 9. Mould room Technician. 10. Gamma Camera Technician. 11. Orthotic Technician. 12. Optometrist. 13. Orthotic and contact lens. 14. E. C. G. Technician. 15. Ultra Sound. 16. Angiography. 17. Operation Theatre Technician. 18. Degree, Diploma and Certificate in Human Nutrition. 19. Dialysis Therapy Technician. 20. Insulation Therapy Technician. 21. Health Inspector Course. 22. Hospital Medical record science. 23. Pharmacist (Allopathy, Ayurvedic, Unani and Homoeopathy). 24. Pharmacist in Biochemic system of medicine. 24 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 25. Diploma in Clinical Biochemistry. 26. Microbiology. 27. Pathology. 28. Optometric refraction. 29. Paramedical Ophthalmic Assistant. 30. Perfusionist /Cardiac Surgery Technician. 31. Cath, Lab. Technician. 32. Dental Hygienist/ Dental Mechanic. 33. Male Health Worker. 34. Female Health Worker. ___________