The Maharashtra Paramedical Council Act, 2011

1. (1) This Act may be called the Maharashtra Paramedical Council Act, 2011.
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) "Council" means the Maharashtra Paramedical Council established under section 3;
2. (b) "Government" or "State Government" means the Government of Maharashtra;
3. (c) "member" means a member of the Council; 1[(c-a) "paramedical practicing personnel" means the person engaged in the provision of services ancillary to or required as assistance in the teaching or practice or both of the modern scientific medicine or Ayurvedic system or Unani system or Homeopathic system of medicine, as their principal occupation;]
4. (d) "paramedical qualification" means any degree, diploma, certificate or course, by whatever name called, specified in the Schedule and any recognized qualification designed to train a person in providing services ancillary to, or required as assistance in the teaching or practice of modern scientific medicine, Ayurvedic System, Unani System and Homoeopathic System of Medicine and such other qualifications, as may be notified by the Government, as recognized paramedical qualifications, from time to time;
5. (e) "prescribed" means prescribed by rules;
6. (f) "President" means the President of the Council;
7. (g) "recognized paramedical institution" means any medical college or hospital or other institution recognized for the purposes of this Act, for conducting paramedical practices;
8. (h) "recognized paramedical qualification" means a degree, diploma, certificate or course in any paramedical qualification, by whatever name called, granted by the Maharashtra University of Health Sciences, Nashik or any other University established by law or any other institution recognized by the State Government in this behalf; 2[(i) "registered paramedical practicing personnel" means the paramedical practicing personal registered under section 26;]
9. (j) "regulations" means the regulations made by the Council under section 41;
10. (k) "rules" means the rules made under section 40;
11. (l) "Schedule" means the Schedule appended to this Act;
12. (m) "State Register" means a Register maintained under section 26 and the expressions "registered" and "registration" shall be construed accordingly;
13. (n) "Vice-President" means the Vice-President of the Council.

1. (1) The Government shall, as soon as may be, after the commencement of this Act, establish by notification in the Official Gazette, a Council to be called the Maharashtra Paramedical Council with effect from such date as may be specified therein.
2. (2) The Council established under sub-section (1), shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may, sue or be sued by its corporate name.

1. (1) The Council shall consist of the following members, namely:-
   • (i) The Director, Medical Education and Research, Maharashtra, ex-officio member;
   • (ii) The Director, Health Services, Maharashtra, ex-officio member;
   • (iii) The Director, Ayurveda, Maharashtra, ex-officio member;
   • (iv) The Vice-Chancellor, Maharashtra University of Health Sciences or his nominee, ex-officio member;
   • (v) The President of the Maharashtra Medical Council, ex-officio member; 1[(v-a) The President of the Maharashtra Councils of Indian Medicine, ex-officio member;]
   • (vi) five members to be nominated by the Government;
   • (vii) six members to be elected from amongst the registered 2[paramedical practicing personnel] one from each revenue division, in such manner, as may be prescribed : Provided that, in the case of constitution of the Council for the first time, after the commencement of this Act, the members under this category shall be appointed by nomination by the Government.
2. (2) No person shall at the same time serve as a member in more than one capacity.
3. (3) The President and Vice-President of the Council shall be elected by the members from amongst themselves.

1. (1) The Government shall, by notification in the Official Gazette, publish the names of the elected and nominated members.
2. (2) Save as otherwise provided in this Act, a member, whether elected or nominated, shall hold office for a term of five years commencing from the date of the first meeting of the Council : Provided that, the members nominated under the proviso to clause (vii) of sub-section (1) of section 4 shall hold office till the elected members have entered their offices, and the members so elected, shall continue in the office for the unexpired term of the nominated members under the said clause (vii).
3. (3) The President and Vice-President of the Council shall hold office from the date of their election, upto the day on which their term of office as a member expires.
4. (4) The nominee of the Vice-Chancellor of the Maharashtra University of Health Sciences nominated under clause (iv) of sub-section (1) of section 4 shall hold office of a member, in the absence of the Vice-Chancellor.
5. (5) Notwithstanding anything contained in sub-section (2), an outgoing member shall continue in the office till the nomination or election, as the case may be, of his successor.
6. (6) Leave of absence may be granted by the Council to any member for a period not exceeding six months.

A person shall be disqualified for being nominated or elected as, and for continuing as, a member,-

1. (a) if he is not a citizen of India;
2. (b) if he is an undischarged insolvent;
3. (c) if he is, or becomes of, unsound mind and stands so declared by a competent court;
4. (d) if he is, or has been convicted of any offence involving moral turpitude;
5. (e) if he is an employee of the Council and is remunerated by salary or honorarium; or
6. (f) if his name has been removed from the State Register, or from the Register of Medical, Ayurveda, Unani or Homoeopathic practitioners, under any Act for the time being in force and has not been re-entered therein.

1. (1) The President or the Vice-President or a nominated member may at any time resign his office, by submitting a letter of resignation to the Government, under intimation to the Registrar of the Council. The resignation shall take effect from the date on which it is accepted by the Government.
2. (2) An elected member may at any time resign his office by submitting a letter of resignation to the President, under intimation to the Government. Every such resignation shall take effect from the date on which it is accepted by the President.

1. (1) If any member other than ex-officio member, during the term of his office,-
   • (a) absents himself from three consecutive meetings of the Council, without the leave of the Council granted under sub-section (6) of section 5; or
   • (b) remains out of India for a period exceeding twelve consecutive months; or
   • (c) becomes or is found to be subject to any of the disqualifications mentioned in section 6, the Council shall declare his office vacant : Provided that, no declaration shall be made under this sub-section unless a reasonable opportunity of being heard is given to the member concerned.
2. (2) Any member aggrieved by a declaration under sub-section (1) may, prefer an appeal to the Government in the manner prescribed within ninety days from the date of such declaration and the decision of the Government thereon shall be final.

Any casual vacancy, before the expiry of the term of a member, other than an ex-officio member, caused by reason of death, resignation, disqualification, disability or any cause, shall be filled in, as soon as may be, by nomination or election, as the case may be, and the person so nominated or elected shall hold the office for the unexpired term of his predecessor.

1. (1) The President shall convene and fix the date of every meeting, which may either be ordinary or special.
2. (2) A notice of every meeting, specifying the date, 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.
3. (3) No business other than that specified in the notice shall be transacted at a meeting except with the permission of the President.

The President may, if he thinks fit, within a period of not more than two weeks of the receipt of a written requisition, signed by not less than seven members call a special meeting.

The President when present shall preside over every meeting of the Council. If at any meeting the President is absent, then the Vice-President, and in the absence of both, some other member elected by the members present, from amongst themselves, shall preside over such meeting.

Except as otherwise provided by or under this Act, all questions at a meeting of the Council shall be decided by a majority of the votes of the members present and voting at the meeting and in case of an equality of votes, the presiding authority at a meeting shall exercise a second or a casting vote.

The procedure for adjournment of, quorum at and recording of minutes of meeting of the Council shall be such as may be prescribed.

No act or proceedings of the Council shall be invalid merely by reason of,-

1. (a) any vacancy or defect in the constitution thereof ; or
2. (b) any defect in the election or nomination of a person as a member thereof ; or
3. (c) any irregularity in its procedure not affecting the merits of the case.

1. (1) There shall be paid to the President, the Vice-President and other members, such allowances for attendance at meetings and such reasonable travelling and other allowances, as may be prescribed.
2. (2) No member shall be entitled to any payment from the Council other than the payment as specified under sub-section (1).

1. (1) The Council may, if deemed appropriate or necessary, invite any person having special knowledge or experience in paramedical field or related studies or practice, or in other fields relevant to the objects and functions of the Council, to any of its meetings. Such person shall have the right to take part in the discussions but shall have no right to vote.
2. (2) Such invitee shall be entitled to receive such travelling and other allowances as are specified under section 16 for the purpose of attending the meeting.

1. (1) The Council may appoint from time to time, and for such period, a committee or committees consisting of such number of its members as it may think fit and may refer to such committee or committees for enquiry and report or for opinion, any matter for the purposes of this Act.
2. (2) Every committee appointed under sub-section (1) shall, at its first meeting, select one of its members to be its President.
3. (3) The mode of appointment of such committee, the summoning and holding of meetings and conduct of business of such committee shall be such as may be determined by regulations.
4. (4) The President of such committee, if deemed appropriate or necessary, may invite any person having special knowledge or experience in the subject with the committee, to any of its meetings, and in that case the provision of section 17 shall apply.

1. (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. (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 ;
   • (b) to recommend to the Government recognition of new paramedical qualifications under sub-section (3) of section 20 ;
   • (c) to hear and decide appeals from any of the decision of the Registrar, in such manner as may be determined by regulations ;
   • (d) to frame a Code of Ethics for regulating the professional conduct of registered 1[paramedical practicing personnel] ;
   • (e) to reprimand a registered 2[paramedical practicing personnel], or to suspend or remove him from the State Register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient ;
   • (f) to permit any member to absent himself from three consecutive meetings of the Council ;
   • (g) to promote innovations, research and development in establishment of new and existing paramedical and related subjects ;
   • (h) to promote an effective link between paramedical education, medical education, Ayurvedic, Unani and Homoeopathic Systems of medicine ;
     • (i) to conduct the election of members under clause (vii) of sub-section (1) of section 4 ; and
   • (j) to perform such other functions as may be prescribed.

1. (1) The paramedical qualifications granted by the Indian Medical Institutions which are included in the First Schedule to the Indian Medical Council Act, 1956 (102 of 1956), shall be deemed to be the recognized paramedical qualifications for the purposes of this Act.
2. (2) The paramedical qualifications granted by medical institutions outside India which are included in the Second Schedule to the Indian Medical Council Act, 1956 (102 of 1956), shall be deemed to be the recognized paramedical qualifications for the purposes of this Act.
3. (3) The Government may, after consultation with the Council, recognize any paramedical qualification for the purposes of this Act.
4. (4) Where the Council has refused to recommend any paramedical qualification which has been proposed for recognition, the Government after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Schedule so as to include such qualification therein.

1. (1) The Council shall, with the prior approval of the Government, appoint a Registrar who shall act as the Secretary of the Council.
2. (2) The Council shall, from time to time, appoint such other officers and employees as it deems necessary for carrying out its duties and performing its functions under this Act.
3. (3) The qualifications, salaries, allowances and other conditions of service of the Registrar and of other officers and employees shall be such as may be prescribed.
4. (4) The Registrar and any other officer or employees appointed by the Council under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

1. (1) It shall be the duty of the Registrar to prepare and maintain the State Register in accordance with the provisions of this Act and any order made by the Council, from time to time, and to revise the State Register and to publish the order in the Official Gazette, in such manner as may be determined by regulations.
2. (2) The Registrar shall perform the duties and discharge such other functions as may be specified under this Act or as may be prescribed.
3. (3) The Registrar shall ensure that the State Register is correct at all times and may, from time to time, enter therein any material alteration in respect of the address and qualifications of the registered 1[paramedical practicing personnel].
4. (4) The Registrar shall remove from the State Register, the names of the registered paramedical practitioners who die or whose names are directed to be removed from the State Register or who cease to be the registered 2[paramedical practicing personnel].
5. (5) On receipt of intimation from the registered 3[paramedical practicing personnel], if the Council is satisfied that the practitioner has not ceased to practice, 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 direction.

1. (1) The Council shall establish a fund to be called the Council Fund.
2. (2) The following shall form part of, or be paid into, the Council Fund,-
   • (a) any contribution or grant by Central or State Government ;
   • (b) all income of the Council from all sources including income from fees and fines ;
   • (c) all donations, endowments income or moneys from other grants, if any ;
   • (d) all other sums received by the Council.

The Council Fund shall be applied to the following objects, namely:-

1. (a) repayments of debts incurred by the Council for the purposes of this Act ;
2. (b) expenses of any suit or legal proceedings to which the Council is a party ;
3. (c) payment of salaries and allowances to the officers and employees of the Council ;
4. (d) payment of travelling and other allowances to the members of the Council ;
5. (e) payment of any expenses incurred by the Council in implementation of the provisions of this Act and the rules and regulations made thereunder.

1. (1) The accounts of the Council shall be audited before such date and at such intervals and in such manner, as may be prescribed.
2. (2) The accounts of the Council shall be audited by the registered Chartered Accountant. The audit fee of the Chartered Accountant shall be determined by the regulations.

1. (1) As soon as may be, after the commencement of this Act, the Registrar shall prepare and maintain a State Register of 1[paramedical practicing personnel] for the State, in accordance with the provisions of this Act.
2. (2) Every person who possesses any of the recognized paramedical qualifications, specified in the Schedule and who desires to practice as 2[paramedical practicing personnel] shall, on making such application to the Registrar alongwith the proof of such qualification and on payment of such fee as may be prescribed, be entitled to have his name entered in the State Register. Such registration shall be valid for a period of five years and it shall be incumbent duty of the registered person to get his registration renewed in the manner determined by the regulations.
3. (3) The Council shall cause to be maintained the State Register of the 3[paramedical practicing personnel] in such form as may be determined by regulations.
4. (4) The State Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872).

The Council may, upon a 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,-

1. (a) who has been convicted by a criminal court for an offence which involves moral turpitude ; or
2. (b) whose conduct, in the opinion of the Council, is infamous in relation to the profession, particularly under any Code of Ethics framed by the Council : Provided that, no order shall be passed under this section without giving a reasonable opportunity of being heard to the person concerned.

1. (1) The Council may, after giving the person concerned a reasonable opportunity of being heard and enquiring into his objections, if any, order that any entry in the State Register which, in the opinion of the Council, has been fraudulently or incorrectly made or brought about, be cancelled or amended.
2. (2) The Council may direct the removal forever, or for a specified period from the State Register, the name of any registered 1[paramedical practicing personnel] for the same reason for which registration may be prohibited by the Council under section 27.
3. (3) The Council may direct that the name removed under sub-section (2) shall be restored, subject to such conditions, if any, which the Council may deem fit to impose.

1. (1) In holding of any inquiry under this section, the Council shall have the powers as vested in Civil Courts under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:-
   • (a) enforcing the attendance of any person and examining him on oath;
   • (b) compelling the production of documents;
   • (c) issuing of commissions for the examination of witnesses.
2. (2) All inquiries under this section shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860).
3. (3) For the purpose of advising the Council on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years,-
   • (i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961); or
   • (ii) an Attorney of a High Court. Explanation.— For the purposes of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he has been enrolled as an Advocate under the Indian Bar Councils Act, 1926 (38 of 1926).
4. (4) Where an assessor advises the Council on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing the party, to the inquiry who appears thereat or, if the evidence is tendered after the Council has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case the Council does not accept the advice of the assessor on any such question, as aforesaid.
5. (5) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be determined by regulations.

Any person,-

1. (a) whose application for enrollment in the State Register is rejected under section 26 or 28;
2. (b) whose entry in the State Register is prohibited under section 27; or
3. (c) whose name, from the State Register is removed, may, within ninety days of order of rejection, prohibition or removal, as the case may be, appeal to the Government in such manner as may be prescribed and the decision of the Government thereon shall be final.

1. (1) No person other than a registered paramedical practitioner whose name is entered in the State Register prepared and maintained under this Act shall practice as a 1[paramedical practicing personnel].
2. (2) Any person who contravenes the provisions of sub-section (1) shall on conviction, be punished,-
   • (a) for the first offence, with imprisonment for a term which may extend to three years and with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees; and
   • (b) for a second or subsequent offence, with imprisonment for a term which may extend to ten years and with fine which may extend to twenty-five thousand rupees.
3. (3) All offences under sub-section (2) shall be cognizable and non-bailable.

If any person not being a registered 1[paramedical practicing personnel] takes or uses the description of paramedical practitioner or consultant or is not possessing a recognized paramedical qualification, or uses a degree or a diploma, or an abbreviation indicating or implying such paramedical qualification, shall, on conviction, be punished,-

1. (a) for the first offence, with fine which may extend to five thousand rupees; and
2. (b) for a subsequent offence, with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees, or with both.

If any person whose name has been removed from the State Register fails, without sufficient cause, forthwith to surrender his certificate of registration or renewed certificate of registration, or both, he shall, on conviction, be punished with fine which may extend to five hundred rupees per month of such failure.

Any person who,-

1. (a) dishonestly makes use of any certificate of registration granted under this Act; or
2. (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
3. (c) wilfully makes or causes to be made any false representation in any manner 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, or with both.

1. (1) No court shall take cognizance of an 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 general or special order.
2. (2) No court lower to that of a Judicial Magistrate of First Class shall try any offence punishable under this Act.

The Council shall forward such reports, copies of its minutes, abstracts of its accounts and other information to the Government, as the Government may require.

If it appears to the Government, on the reports of the Council or otherwise, that any paramedical subject is not specified or any paramedical subject needs to be deleted or needs some modification, the Government may, by notification in the Official Gazette, amend the Schedule so as to include therein such subject not already specified therein or omit therefrom any subject or modify the description of any subject.

1. (1) If at any time, it appears to the Government that the Council or its President or Vice-President has failed to exercise or has exceeded or misused any of the powers conferred upon it or him by or under this Act, or has ceased to perform any of the duties imposed upon it or him by or under this Act, or has ceased to perform any of the duties imposed upon it or him by or under this Act, the Government may, if it considers such failure, excess, misuse or incapacity to be of a serious nature, notify the particulars thereof to the Council or the President or the Vice-President, as the case may be. If the Council or the President or the Vice-President, fails to remedy such failure, excess, misuse or incapacity within such reasonable time as the State Government may fix in this behalf, the Government may remove the President, Vice-President or dissolve the Council.
2. (2) Upon the dissolution of the Council,-
   • (a) all the members of the Council shall, notwithstanding that their term of office had not expired on the date of dissolution, vacate their offices ;
   • (b) all the powers and duties of the Council which may, by or under the provisions of this Act, be exercised and performed by or on behalf of the Council shall be exercised and performed by such person or group of persons as the Government may direct, for such period not exceeding two years as it may think fit. The Government shall take steps to constitute a new Council in the manner provided ;
   • (c) all the properties vested in the Council shall, during the period of dissolution, vest in the Government.

No suit, prosecution or other legal proceeding shall lie against the Government, Council, President, Vice-President, member or any officer or other employee of the Council or of the Government for anything which is done or intended to be done in good faith under this Act.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. Such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty 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, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of such decision in the Official Gazette, 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 or omitted to be done under that rule.

1. (1) The Council may, with the previous sanction of the Government make regulations not inconsistent with the provisions of this Act and the rules made thereunder, for enabling it to perform its functions under this Act and generally to carry out the purposes of the Act, by notification in the Official Gazette.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
   • (a) the management of the property of the Council and the maintenance and audit of its account;
   • (b) the resignation by nominated or elected 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) (i) the manner to hear and decide appeals from the decision of the Registrar under clause (c) of sub-section (2) of section 19;
     • (ii) the Code of Ethics for regulating the professional conduct under clause (d) of sub-section (2) of section 19;
   • (f) the manner of revision of the State Register under sub-section (1) of section 22;
   • (g) the manner of renewal of registration under sub-section (2) of section 26;
   • (h) any other matter for which provisions may be made by regulations.
3. (3) The Government, on receiving regulations for sanction, may sanction them subject to such modification as it may think fit or return them to the Council for reconsideration.
4. (4) The Government may, by notification rescind or modify any regulation made under this section and thereupon, the regulation shall cease to have effect or be modified accordingly.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order, published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.