The Nagaland State Paramedical Council Act, 2014

(1) This Act may be called the Nagaland Paramedical Council Act, 2014. (2) It extends to the whole of Nagaland. (3) It shall come into force on such date as the State Government may, by notification, appoint in this Act.

Unless the context otherwise requires- (1) "Council" means the Nagaland Paramedical Council established under Section 3 (2) "Paramedical & Education" means any personnel qualified in paramedical & subject and who helps in teaching or practice of- (a) Medicine within the meaning of clause of Section 2 of the Indian Medical Council Act, 1956 (No. 102 of 1956); (b) Medicine in Homeopathy within the meaning Homeopathic Practitioners Act. Or (c) Medicine in Ayurvedic System, Naturopathy and Unani System within the meaning of clauses the meaning of Ayuwedic and Unani Practitioners Act; (3) "Paramedical & Education subject" means the subject mentioned in the Schedule- I; (4) "Recognised paramedical qualification" means a degree, diploma or certificate in any paramedical subject, granted by any University established by law or any other institution recognized by the State Government in this behalf. (5) "Registered Paramedical Practitioner" means a person registered under this Act. (6) "State Register" means a register maintained under this Act And expression "Registered" and "Registration" shall be construed accordingly.

(1) The State Government shall, as soon as may be established, by notification, a paramedical council with effect from such date as may be specified therein. (2) The Council shall be a body corporate by the name of the Nagaland Paramedical Services & Education Council, and shall have perpetual succession and a common seal with power to acquire and hold, property both movable an immovable and subject to the provisions made under this Act, to transfer any held by it and to contract and to do all other thing necessary for the purposes of its constitution and may sue and be sued in its corporate name.

(1) All Council shall consist of the following members namely:- A. Ex-officio (i) Hon. Minister for Health & Family Welfare. (ii) Commissioner & Secretary, Health & Family Welfare, Nagaland. (iii) Principal Director, Health & Family Welfare, Nagaland. (iv) Director Health Service, Health & Family Welfare, Nagaland. (v) Director Family Welfare, Health & Family Welfare, Nagaland. B. Nominated Members (i) Additional Director, Drug Control, Health & Family Welfare (ii) Managing Director, Naga Hospital Authority Kohima. (iii) Medical Superintendent, Naga Hospital Authority Kohima. (iv) Principal Para Medical Tminining Institute, Kohima C. Elected Members Five members to be elected from amongst themselves by the registered Allied Health & Education Practitioners in such manner as may be prescribed by regulations: Provided that in the case of constitution of the Council for the frst time after the commencement of this Act the members under this category shall be nominated by the State Government. (2) The member under clause B (1) to (4) of sub-section (1) shall be nominated by the Sate Government. (3) One representative each from State ParaMedical Associations eg. Pharmacist Association etc,

A person shall not be qualified for being nominated or elected as a member of the Council, if- (a) he is not a citizen of India; or (b) he is an un-discharge insolvent; or (c) he is of sound mind and stands so declared by a competent court; or (d) he has been sentenced in an offence involving moral turpitude; or (e) he is an employee of the Council and is remunerated by salary or honorarium; or (f) his name has been removed from the State Register, or from the register of registered medical or paramedical practitioner under any Act for the time being in force.

(1) Save as otherwise provided in this Act, elected members shall hold office for a term of five years from the date of first meeting of Council Provided that the members nominated under proviso to clause (c.1) 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 nominated members under clauses B (I) to (4) of Sub-section (1) of Section 4. (2) Notwithstanding the expiration of the term specified under sub-section (1) the outgoing member shall continued in office till the nomination or elections, as the case may be, of his successor.

The Nominated or elected member of the Council may at any time resign from his office in such manner as may be prescribed by the regulations.

(1) If any member other than ex-officio member of the council, during the period of this office. a) Absents himself from three consecutive meetings of the Council without the permission of the Council; or b) Is absent out of India 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 medical practitioner under any Act for the time being in force; the Council shall declare his office as 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) Any member aggrieved by a declaration under sub-section (1) any prefer an appeal to the State Government within ninety days from the date of such decision and the decision of the State Government thereon shall be final.

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

Hon'ble Minister for Health & Family Welfare will be the ex officio chairman of the council. (1) Commissioner & Secretary, Health & Family Welfare, Nagaland will be the ex-officio President. (2) Principal Director, Health & Family Welfare, ex-officio- vice-president. (3) All President and vice-President shall, subject to the provisions of this Act, exercise such powers and perform such duties as may be prescribed by this Act or regulations there under.

(1) The President of the Council shall call and fix the date of every meeting. (2) All meeting of the Council shall be either ordinary special. (3) All 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.

President may, wherever he thinks fit, calla special meeting, and shall he bound to do so within two weeks of the receipt of awritten requisition, signed by not less than 4 (four) members of the Council.

(1) Any meeting of the Council may, with the consent of the majority of the members of the Council present, he adjourned fiom time to time, to a later hour on the same day or to any other date, cut no business other than left over at the adjourned meeting shall be transacted at such meeting. (2) Anotice ofAdjoumment posted in the office of the Council or at the place of meeting, on the day on which the meeting is adjourn4 shall he deemed sufficient notice of the next ensuing meeting.

The President ofthe Council shall presideover the meeting. Ifthe President ofthe Council is absent, the meeting of the Council shall he presided over by the Vice-President. If the President and the Vice-President are both absent, the members present shall choose one of them to preside over the meeting.

(1) The quorum for a meeting of the Council shall he one third of the total number of member of the Council. (2) Ifat any time in ameetingthere is no quorum, the presiding authority shall adjomn it to such time or date as I thinks fit and announce the same at nonce; and the business set down for the meeting shall he brought forward at the subsequent meeting, whether at such meeting there is a quorum or not. (3) No business other than the business iixed for the meeting, shall transacted at such subsequent meetings. (4) A notice of such adjournment posted in the office of the Council or at the place of meeting, on the day on which the meeting is adjourned shall be deemed sufficient notice ofthe subsequent meeting.

Except as otherwise provided by or under this Act, all questions brought before any meeting of the Council, shall be decided by amajority of the votes of the members present and in case of votes being equal the presiding authority at the meeting shall have a second or casting vote.

(1) The minutes of proceedings of each meeting of the Council shall be recorded in a book to be kept for the purpose. The names of the members of the Council Present thereat shall be entered in the minute book and it shall he signed in confirmationby the Presiding Authority at the same or next ensuing meeting. (2) A copy of the minutes of proceedings of each meeting of the council shall be forwarded to the State Government within seven days fromthe date of its confirmation.

No act or proceedings ofthe Council shall be invalid merely by reasons of- (a) Any vacancy in, or defect in the constitution thereof., or (b) Any defect in the election or nomination of a person acting as member thereof, or (C) Any irregularity in its procedure not affecting the merits ofthe case.

Until 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 this Act.

(1) All members of the Council shall receive suchhaveling andother allowance as Allowances of may be prescribed by regulations Provided that the members ofthe Council who are Government employees shallnot be entitled to received such allowances. (2) No member shall be entitled to any payment other than the payments as specified in sub-section (1).

(1) The Council may, it if thinks necessary, invite any person having special knowledge or experience in paramedical to its meeting, to hear his views on the subject. 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 received such allowances as specified in Section 20.

1. The council may appoint, ftom lime to time and for such period a committee consisting of such number of its members as itmay think fit andmay refer to such committee for enquiry and report or for opinion any matter for the purposes of this Act. 2. Every committee appointed under sub-section (I) shall at its h t meeting select one of its member to be its Chairman. 3. The mode of appointment of such committee, the summoning and holding of meetings and the conduct ofbusiness of such committee shall he such as may be prescribed by the regulations.

(1) Subject to the provisions of this Act and the rules made there under, the Council shall exercise such powers and perform such functions as may be necessary for carrying out the purposes of this Act. (2) In particulars and without prejudice to the generality of the foregoing provision, the powers and the functions ofthe Council shall be- (a) To maintain the State register of paramedical practitioners, (b) To bear 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 of ethics for regulating the professional conduct of registered paramedical practitioners; (d) To reprimand aregistered paramedical practitioners, to suspend or remove the name fromthe State Register, or to take such other disciplinary action against him, asmay, inthe opinion of the Council, be necessary or expedient, (e) To permit any member to he absent himself fiomthree 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 and medical education, Ayurvedic, Unani, Homeopathy and Bio-chemy systems and to promote research and development in these subject. (i) To lay down norms and standards for courses, curricula, physical and instructional facilities, staffpatten staffqualifications, quality instructions, assessment and examinations. (j) To fix norms and guidelines for chargingtuitionand other fees; (k) To advise the State Government in respect of grant of charter to any paramedical body or institution inthe field of education. (l) To provide guidelines for admission of students to Paramedical institutions and Universities impartingParamedica1 education (m) To inspect or cause to be inspected any Paramedical Institution; (n) To constitute a board for conducting the examinationto maintain dormity of standard; (o) To perform suchother functions as may be prescribed by rules; (p) To conduct the election ofmembers under clause (cl) of sub section (1) of Section 4.

Where any Paramedical Institution is established or any Paramedical institution opens a new or higher course of study except with the prevision permission of the State Government in accordance with the provisions of this Act, no Paramedical qualification granted to any student of such Paramedical institution shall be a recognized Paramedical qualification for the purpose of this Act.

If any person has established aparamedical institution or any Paramedical institution has opened anew or higher course of study or b-aining or increases, the admission capacity, such person or Paramedical 1 institution, as the case may be, shall seek within aperiod of one year h m the commencement of this Act, the permission of State Government in accordance with the provisions of this Act.

The Paramedical qualifications granted by Indian Medical Institutions, which are included Paramedical in the Schedules to the Council Act, 1956 (No. 102 of 1956) shall be recognized Paramedical qualifications for the purpose of this Act.

(1) PreParamcdical qualifications granted by Medical Institutions outside. Mi4 which are included in the Scheduls to the Mcdical Council Acr, 1956 (No. 102 of 1956) shall be recognized Paramedical qualification for the purpose ofthis Act. (2) The State Govemment&erconsultationwiththe Council may by notification in the Official Gazette amend the Schedule by directing that an entry be made therein in respect of my Paramedical qualification declaring that it shall he recognized Paramedical qualification only when granted before a specified date. (3) Where the Councilhas re- torecommendany Paramedical qualification which has been proposed for recognition by any Authority referred to in sub-section (2) and that Authority applies to the State Government in this behalf, the State Government after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusalmay by notificationln the Official Gazette amend the Schedule so as to include suchqualification therein and the provision of subsection (2) shall apply to suchnotitication.

Any Paramedical institution in India, which desires a Paramedical qMication granted by it, to be included in the Schedule, may apply to the State Government with such application fee as may be futed by regulation to have such qualification recognized and the State Government, after consulting the council, may by notification in the Official Gazette, amend the Schedule as to include such qdiiication. Therein, and any such notification may also direct that an entry shall be made in the last column of Schedule against such Paramedical qualification declaring that it shall be arecognized Paramedical qualification only when granted after a specified date.

Every University or Allied Health Institution in Indiawhich grants arecognized Paramedical qualification, shall fumish 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 as to the ages at which such courses of study and examinations are required to be undergone and such qualifications conferred and generally as to the requisites for obtaining such qualification.

The Council shall cause all Paramedical Institution to be inspectedas and when deemed necessary.

1. Ifupto the Council a) That the courses the study and examination to be undergone in or the proficiency required from candidates at nay examination held by any University or Paramedical institution; or b) That the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University or Paramedical institution or in any college or other inst~tution affiliated to that University do not conform to the standards prescribed 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 Institution or University speciafying the period within which the reply shall be submitted. (3) One receipt of the reply Or where no reply is submitted within the period specified in the show cause notice then on the expiry of the period the Council shall take decision in the matter.

The Council may prescribe the minimum standards of Paramedical education required of for granting recognized Paramedical & Education Council qualifications (other than postgraduate Paramedical qualification) by Universities or Paramedical Institutions in India.

(1) All Council shall,& 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 deemnecessary for canying out the provisions ofthisAct. (3) The qualification, conditions of service and pay scale of the Registrar and of other officers and servants shall be such as the Council may determine by regulations, with prior approval of State Government. (4) The Council shall require and take from the Registrar or from any other officer such security for the due performance of his duties as the Council may deem necessary. (5) The Registrar or any other officer or servant appointed by the Council under this Sectionshall be deemed to be apublic servant within the meaning of Section 21 of the Indian Penal Code 1860 (No. 45 of 1860).

(1) It shall be the duty of the Registrar to keep the State Register in accordance with the provisions of this Act and of any Order made by the council, to revise it from time to time in such manner as may be prescribed by Regulations, to publishit in the 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 Redations made hereunder. (2) T'he ~ e ~ i s ~ s h a l l see 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 of the Registered paramedical practitioners. (3) The Registrar may remove from the State Register the name of the registered paramedical practitioner who dies or whose name is directed to be removed from the State Register orwho ceases to be the Paramedical practitioner. (4) On receipt of intimationfhm the practitioner the Council is satisfied that the practitioner has not ceased to practice then the council may direct the Registm to restore the name of suchpractitioner in the state Register and the Registrar shall comply with suchdirection.

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

AU fund of the Council shall he applicable to the following objects, namely:- a) To the repayments of debts incurrent by the Council for the purpose of this Act and the Rules and Regulations made there under b) To the expenses of any suit or legal proceedings to which the Council is a party; c) To the payment of salaries all 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 rules and regulationsmade there under; f) Any other expensesfor the promotion and development of paramedical education, research and training, declared by the Council to be kin the general interest of Paramedical &Education Council profession;

(1) The accounts of the Council shall he prepared before such date and at such intervals and in such manner as may be prescribed. (2) New accounts of the Council shall be audited by the registered chartered accountant. The audit fee of the chartered accountant shall be fixed by the Council kom time to time as per their regulations. (3) As soon as the accounts of the Council are audited the Council shall send a copy thereof, together with a copy of the report of the Principal Director Health & Family Welfare Nagaland, Kohima thereon, to the State Government in such manner as may be prescribed.

1) The Registrar shall prepared, in such form as may be prescribed, a budget inrespect ofthe financial yearnext ensuing, showing the estimated receipts and expenditure and shall cause it to be laid before the Council at such time and in suchmanner as may be prescribed. 2) Within fifteen days hmthe date ofthe meeting in whichthe 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 f~~carrying out the purposes ofthis~ct, it shall return the budget to the Council for such modifications as may he suggested by the state ~ovemment. 4) The Council shall be competent to re-appropriate such amounts as may be necessary h m one head to another and within such heads or minor heads. 5) The Council, may as and when required, pass a supplementary budget in such form and by such date as may be prescribed and the provisions of sub-sections (2), (3) and (4) shall apply to such supplementary budget.

1) Every person possessing a recognized qualification shall be eligible for enrolment state register. Onthe State Register on fwnishing to the Registrar proof of such qualification and on payment of such fees, not less than Rs. 5,000 as may be prescribed and different fee may be prescribed for different qualifications. 2) The Council shall cause to be maintained a State Register of Paramedical practitioners in such forms as may he prescribed by regulations. 3) It shall be the duty of the Registrar to keep and maintain the State Register in accordance with the provisions of this Act and of any order made by the Council and &om time to time revise the Register and publish it in the gazette and in such other manner as may be prescribed. 4) All Register shall be deemedto be apublic documents, within the meaning ofthe IndianEvidence Act, 1872 (No. 1 of 1872).

The Council may, upon reference fromthe Registrar or otherwiseby order, prohibit the entry in, or order the removal from, the State Register, the name of nay person. a) Who has been sentenced by a criminal court to imprisonment for an offence indicating in the opinion of the Council such a defect in character as would render the enrollment or continuance of his name in the State Register undesirable; or b) Whom the Council after enquiry has found guilty of infamous conduct in any professional respect by amajority oftwo third ofthe members of the Council present and voting at the meeting: Provided that no order shall be passed under this section without giving areasonable opportunity of being beard to the person concemed.

1) The Council may, after giving the person concemed a m n a b l e oppomty of beingheard an enquiring into his objections, if any, order that any entry in the State register which in the opinion of the Council, has been hudulently or incorrectly made or brought about, be cancelled or emended. 2) The Council may direct the removal forever, or for a specified period &om the State register, the name of any registered Paramedical practitioner for the same reason for which registration may be'prohibited by the Council under section 40; 3) The Council may direct that the name removed under sub-section (2) shall he restored subject to such condition, if any, which the Council may deem fit to impose.

For the purpose of any inquiry under the provisions ofthis Act, the Council or any committee appointed under sub-section (1) of Section 22 shal! be deemed to be a court within the meaning of the Indian Evidence Act, 1872 (No. 1 of 1872) and the Code of Civil Procedure 1908 (No. 5 of 1908) and shall Exercise all powers of a commissioner appointed under the Public Servants (Inquiries)Act, 1850 (No. 37 of 1850) and suchinquiries shallbe conducted, as far as may be in accordance with the provisions of Section 5 and Section 8 to 20 ofthe Public Servants (Inquiries)Act, 1850 (No. 37 of 1850).

Any person:- 1) Whose application for enrolment in the State register is rejected under Section 39 01 41; 01 2) Whose entry in the State register is prohibited under Section40; or 3) Whose name, fromthe state Register is removed, may, withinninety days of order of rejection, prohibition or removal, as the case may be, appeal to the State Government and the decision of the State Government thereon shall he hd

1) Save as provided in this Act no person shall practice or hold himself out, whether directly or indirectly as practicing 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 sixmonths or with fine whichmay extend to Rs. 1,00,000 or with both.

1) All rules made under this Act shall he laid on the table of the Legislative Assembly.

The Council may with the previous sanctionof the State Government and subject to Power to make rules made under section 45 make regulations generally to carry out the purposes of this Act, and regulations. W~thout prejudice to the generality of foregoing power, such regulations may provide for:- a) The management of the property of the CounciI and themaintenance and audit of its account; b) The manner ofelection of five members &om the paramedical practitioners under clause (c 1) of sub-section (1) of Section 4; c) The resignation by nominated or elected members of the Council; d) The powers and duties of the President and %ce President; e) The mode of appointment of committees, the summoning and holding of meetings and the conduct of business of such committees; f) The traveling and other allowances payable to the members of the council under sub-section (1) of Section 20; g) The manner to her and decide appeals from the decision of the Registrar under clause 01) of sub-section (2) of Section 23; h) The code of ethics for regulating the professional conduct under clause (c) of sub-section (2) of Section23; i) The qualification, the conditions of service and pay scale ofthe Registrar and other officers and servants under sub-section (3) of Section 33; j) The manner of revision of State Register under sub-section (1) of Section 34; k) The form of State register under sub-section (1) of Section 39; l) Any other matter for which under this Act provision may be made by regulations. 2) The State Government, on receiving regulations for sanction may sanction them subiect to such modification as it may think fit or r e m them to the Council for reconsideration. 3) All regulations shall be Published in the Gazette. 4) The State Government may, by notification, cancel any regulation.

Any person who:- a) Dishonestly makes use of any certificate of registration granted under this Act; or b) Procures or attempts to procure registration underthe provisions ofthis 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) Wdfully makes or causes to be made any false representation in any matter relating tothe certificate of registration issued under the provisions of's Act; Shall onconviction, be punishable with imprisonment whichmay extend to six months or with h e which may extend to Five Lakhrupees or with both.

The Council shall hmish such reports, copies of its minutes, dxtmcts of its accounts and other information to the State Government as an when the State Government may require.

The State Government may, be notification, amend the Schedule so as to include therein any subject not already specified therein or omit there fiom any subject or modifL the descriptionof any subject.

1) No court shall take cognizance of an offence punishable under this Act, except upon complaint in writing made by the Registrar or any other officer authorizedby the Council in this behalf by general or special order; 2) No court inferior to that of a magistrate of first class shall try any offence punishable under this A d

If at any time it appears to the State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure excess or abuse to be of a serious character, notify the particulars thereof to the Council, requiring it to remedy such failure, excess or abuse within such period as may he specified in the notice and if the Council fails to remedy such failure, excess or abuse within the period specified in the notice, the State Government may dissolve the Council and cause all or any of the powers and the duties of the Council to be exercised and performed by such person and for such period not exceeding two years as it may think fit and shall take steps to bring into existence a new Council.

1. Physiotherapy1 Occupational therapy Course. 2. Speech therapy Course. 3. Audiologist 4. Laboratory Technician (Various types) 5. X-ray Technician1 Radiographer. 6. B.C.G Technicians. 7. CytoTechnicians. 8. OrthoTechnicians. 9. MouldmomTechnicians 10. Gamma CameraTechnicians. I I . Optometric Technicians. 12. Optometrist. 13. Orthotic and contract lens. 14. E.C.G Technicians. 15. Ultra Sound 16. Angiography. 17. Operation 'theatreTechnicians. 18. Degree, Diplomaand Certificate inHumanNutntion. 19. DialysisTechnicians. 20. InsulationTherapy Technicians. 21. Healthhpector Course. 22. Hospital Medical record Science. 23. Pharmacist (Allopathy, Ayurvedic, Unani and Homoepathy) 24. Pharmacist in Biochemist System of Medicine. 25. Dip1omainClinicalBi~:hemistry 26. Microbiology. 27. Pathology. 28. Optical and Refkction Technicians. 29. Paramedical Ophthalmic Assistant. 30. P&ionist/ Cardiac Surgery Technicians. 3 1. Cath. Lab. Technicians.