The Haryana Health Care Workers Act, 2004

(1) This Act may be called the Haryana Health Care Workers Act, 2004. (2) It extends to the whole State of Haryana. (3) It shall come into force on such date as the Government may, by notification, appoint.

For the purposes of any inquiry held under clause (b) of sub-section (1), the Board shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872 (Act I of 1872), and shall, so far as may be, follow the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908).

(1) Any person aggrieved by the decision of the Registrar regarding the enrolment of any person or any entry in the Register may, on payment of such fee as may be prescribed, appeal to the Board. (2) An appeal under sub-section (1) shall be filed within sixty days of the passing of the order appealed against after excluding the time spent in obtaining a copy thereof and shall be heard and decided by the Board in the manner prescribed. (3) The Board may, on its own motion or on the application of any person, after due and proper enquiry and after giving the person concerned an opportunity of being heard, cancel or alter any entry in the Register, if, in the opinion of the Board, such entry was made fraudulently or wrongly.

There shall be paid to the members for attending meetings of the Board such travelling and other allowances as may be prescribed.

The Registrar shall, at least once in every five years on or before a date to be fixed by the Board, cause to be prepared and published a list of names and qualifications of all Health Care Workers for the time being entered in the Register.

Whoever wilfully and falsely and by deceitful means secures his enrolment as Health Care Worker, his enrolment shall be cancelled by the Board by passing a speaking order.

No Health Care Worker shall sell any medicine of the Ayurvedic system or Unani System in this regard would amount to cancellation of enrolment.

If at any time it appears to the Government that the Board has neglected to exercise, or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the Government may communicate the particulars of such neglect, excess or abuse to the Board; and if the Board fails to remedy such neglect, excess or abuse within such time as may be fixed by the Government in this behalf, the Government may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Board to be exercised and performed by such agency and for such period as the Government may think fit.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or under any rules or regulations made thereunder.

(1) The Government may, by notification in the official Gazette and after previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary, allowances and other conditions of service of the Registrar and other employees of the Board appointed under section 10; (b) the form of Register required to be maintained under section 11; (c) the amount of fees payable under sub-section (4) of section 11; (d) the manner in which appeals against the decision of the Registrar shall be heard and decided by the Board under section 16 and the fees chargeable for such appeals; (e) the allowances payable to members under section 17; (f) the time and place at which the Board shall hold its meeting and the manner in which such meeting shall be summoned under section 8; (g) any other matter which may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten 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 House agrees in making modification in the rule or the House agrees that the rule 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.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification, make such provisions, or give such directions, not being inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.