Chapter II NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSION

1. (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act.
2. (2) The Commission 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 shall by the same name sue or be sued.
3. (3) The Commission shall consist of the following, namely:—
   • (a) a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government-Chairperson;
   • (b) a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions—Vice-Chairperson;
   • (c) the following persons shall be the ex officio Members of the Commission, namely:—
     • (i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice-ex officio Member;
     • (ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health and Family Welfare-ex officio Member;
     • (iii) Joint Secretary to the Government of India in the Department of Higher Education-ex officio Member;
     • (iv) Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment-ex officio Member;
     • (v) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship-ex officio Member;
     • (vi) one person representing the Directorate General of Health Services not below the rank of Deputy Director General-ex officio Member;
     • (vii) one person representing the Indian Council of Medical Research not below the rank of Deputy Director General-ex officio Member;
     • (viii) one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India-ex officio Member—
   • (a) Atomic Energy Regulatory Board;
   • (b) National Medical Commission; and
   • (c) Rehabilitation Council of India;
     • (ix) three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government-ex officio Members,—
   • (a) All India Institute of Medical Sciences, New Delhi;
   • (b) All India Institute of Physical Medicine and Rehabilitation, Mumbai;
   • (c) Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry;
   • (d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong;
   • (e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi;
   • (f) National Institute of Mental Health and Neuro-Sciences, Bengaluru;
   • (g) National Institute of Nutrition, Hyderabad;
   • (h) National Institute of Rehabilitation Training and Research, Cuttack;
     • (i) National Institute of Orthopedically Handicapped, Kolkata;
   • (j) All India Institute of Speech and Hearing, Mysore, Karnataka;
   • (k) Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and
   • (l) Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:—
     • (i) two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government;
     • (ii) The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and
     • (iii) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government. 4.Term of office and conditions of service of Members.—(1) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.
4. (2) The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government.
5. (3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government.

1. (1) Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may-
   • (i) relinquish his office by giving in writing to the Central Government notice of not less than three months; or
   • (ii) be removed from his office if he—
   • (a) has been adjudged insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
   • (c) has become physically or mentally incapable of acting as a member; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Part-time Member; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
2. (2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.

1. (1) The ex officio Member under clauses (i) to (ix) of sub-section (3) of section 3, shall cease to be a Member of the Commission on his cessation to the service by virtue of which he was appointed as a Member of the Commission.
2. (2) A Member nominated under sub-clause (i) of clause (d) of sub-section (3) of section 3, shall cease to be Member of the Commission on removal of his name from the register of the State Council.
3. (3) The Chairperson, Vice-Chairperson or any other Member appointed under any casual vacancy in the Commission under sub-section (3) of section 3 shall hold office only for the remainder of the term of the Member in whose place he has been appointed.

1. (1) The Commission shall meet at least once in every quarter at such time and place as may be decided by the Chairperson, and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the Central Government.
2. (2) The Chairperson shall preside over the meeting of the Commission and if, for any reason, he is unable to attend the meeting of the Commission, the Vice-Chairperson shall preside over the meeting.
3. (3) One-half of the total number of Members of the Commission including the Chairperson or Vice-Chairperson shall constitute the quorum and all decisions of the Commission shall be taken by a majority of the Members, present and voting; and in the event of equality of votes, the Chairperson or in his absence, the Vice-Chairperson shall have a second or casting vote.

No act or proceeding of the

Commission shall be invalidated merely by reason of—

1. (a) any vacancy in, or any defect in the constitution of, the Commission; or
2. (b) any defect in the appointment of a person acting as a Member of the Commission; or
3. (c) any irregularity in the procedure of the Commission not affecting the merits of the case.

1. (1) Subject to such rules made by the Central Government in this behalf, the Central Government shall provide a Secretariat to the Commission which shall consist of a Secretary and other officers as it may think necessary for the efficient performance of its functions under this Act.
2. (2) The salaries and allowances payable to, and other conditions of service of, the Secretary and other officers of the Commission shall be such as may be prescribed by the Central Government.
3. (3) The Secretariat of the Commission shall also provide Secretarial assistance to the Professional Council and the Advisory Council.

1. (1) The Commission shall, by notification, constitute Professional Council for every recognised category and shall consist of a president and members, not less than four and not exceeding twenty-four, representing each profession in the recognised category having such qualifications and experiences as may be prescribed by the Central Government: Provided that where there is more than one profession represented in a Professional Council, the president shall rotate biennially amongst the professions in the recognised category.
2. (2) Where there is no person from a particular recognised profession represented in the Commission, if the Commission is of opinion that the decision taken by it affects that profession, it may, before taking any decision, give an opportunity of being heard to that profession through the related Professional Council.
3. (3) The president and the member of the Professional Council shall be a registered professional of the respective category.

1. (1) It shall be the duty of the Commission to take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act and for the purposes of performing its functions, the Commission may—
   • (a) frame policies and standards for the governance of allied and healthcare related education and professional services;
   • (b) regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals by or under this Act;
   • (c) create and maintain an up-to-date online and live Central Register with details of academic qualifications institutions, training, skill and competencies of allied and healthcare professionals related to their profession as specified in the Schedule;
   • (d) provide scope of practice of each profession keeping in view, inter alia, need for task shifting;
   • (e) provide basic standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education, maximum tuition fee payable in respect of various categories, proportionate distribution of seats and promote innovations in categories in the manner as may be specified by regulations;
   • (f) provide the allied and healthcare qualifications to be obtained by allied and healthcare professionals, including the name of the course, entry criteria, duration and such other particulars as may be specified by regulations;
   • (g) provide for uniform entry examination with common counselling for admission into the allied and healthcare institutions at the diploma, undergraduate, postgraduate and doctoral level in the manner as may be specified by regulations;
   • (h) provide for exit or licensing examinations for allied and healthcare professionals for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians in the manner as may be specified by regulations;
     • (i) provide strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways for allied and healthcare professionals;
   • (j) provide minimum standards framework for machineries, materials and services;
   • (k) take such measures, as may be necessary, to ensure compliance of the guidelines for their effective functioning by the State Councils under this Act in the manner as may be specified by regulations;
   • (l) constitute committees or engage independent experts for technical advice related to any of the professions as listed in the Schedule for the efficient discharge of the functions of the Commission;
   • (m) hold an Annual Meeting of the Commission with the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 (30 of 2019) and the Central Council constituted under section 3 of the Homoeopathy Central Council Act, 1973 (59 of 1973);
   • (n) perform such other functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act.
2. (2) The Commission may delegate such of its functions to the Professional Council as it think necessary.

1. (1) The Central Government shall constitute an Advisory Council to be known as National Allied and Healthcare Advisory Council to advise the Commission on the issues relating to allied and healthcare professionals.
2. (2) The Advisory Council shall consist of the following persons, namely:—
   • (i) Chairperson of the Commission--Chairperson;
   • (ii) all Members of the Commission--ex officio member;
   • (iii) Principal Secretary dealing with medical education or his nominee from each State--member;
   • (iv) Chairperson of the State Council--member; and
   • (v) Principal Secretary dealing with medical education or his nominee representing each Union territory-member.
3. (3) The Advisory Council shall meet once in a year at Delhi as may be decided by the Chairperson of the Advisory Council.

1. (1) The Commission shall maintain online and live Register of persons in separate parts in each of the recognised categories to be known as the Central Allied and Healthcare Professionals’ Register which shall contain information including the name of persons and qualifications relating to any of their respective recognised categories in the manner as may be specified by regulations.
2. (2) For the purposes of sub-section (1), the Commission may adopt standardised format for populating and maintaining the Central Register in the manner as may be specified by regulations.
3. (3) The Central Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a certified copy provided by the Commission.

Subject to the conditions and restrictions laid down in this Act regarding practice by person possessing certain recognised allied and healthcare qualifications, every person whose name is for the time being borne on the Central Register shall be entitled according to his qualifications to provide any service within the defined scope of practice as an allied and healthcare professional under this Act and to receive in respect of such service, any expenses, charges or any fees to which he may be entitled.

No person, other than a registered allied and healthcare professional, shall—

1. (a) hold office as an allied and healthcare professional (by whatever name called) in Government or in any institution maintained by a local or other authority;
2. (b) provide service in any of the recognised categories in any State; and
3. (c) be entitled to sign or authenticate any certificate required by any law for the time being in force to be signed or authenticated by a duly qualified allied and healthcare professional.

The Commission may, on receipt of the report of registration of a person in a State Register or on an application in such form and in such manner as may be prescribed by the Central Government, enter his name in the Central Register.

1. (1) Any person whose name has been entered in the Central Register shall, on an application made by the person in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to get a certificate of registration.
2. (2) On receipt of an application under sub-section (1), the Commission shall grant to the applicant a certificate of registration in such form as may be prescribed by the Central Government.
3. (3) Where it is shown to the satisfaction of the Commission that a certificate of registration has been lost or destroyed, the commission may, on payment of such fees, issue a duplicate certificate in such form as may be prescribed by the Central Government.

1. (1) If any person whose name is entered in the Central Register obtains any other recognised qualification in addition to any allied and healthcare qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees as may be prescribed by the Central Government, be entitled to have an entry stating such degree or diploma or such other qualifications made against his name in such register in addition to any entry previously made.
2. (2) The entries in respect of any such person in a State Register shall be altered in accordance with the alterations made in the Central Register.

If the name of any person enrolled on a State Register is removed therefrom in pursuance of any power conferred under this Act, the Commission shall direct the removal of the name of such person from the Central Register in such manner as may be specified by regulations:

Provided that on the removal of his name from the Central Register or State Register, as the case may be, such certificate shall cease to be valid.

1. (1) The Central Government shall, as soon as may be but within sixty days from the date on which this Act receives the assent of the President, constitute an Interim Commission, for three years or until a regular Commission is constituted under section 3, whichever is earlier.
2. (2) The Interim Commission constituted under sub-section (1) shall consist of the following, namely:—
   • (a) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare-Chairperson;
   • (b) Joint Secretary to the Government of India in the Ministry of Health and Family Welfare-member;
   • (c) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice-member;
   • (d) Joint Secretary to the Government of India in the Department of Higher Education-member;
   • (e) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment-member;
   • (f) Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship-member;
   • (g) One representative of the Directorate General of Health Services not below the rank of Deputy Director General-member;
   • (h) One representative of the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 (30 of 2019) not below the rank of Deputy Secretary to the Government of India-member;
     • (i) One representative of the Rehabilitation Council of India not below the rank of Deputy Secretary to the Government of India--member;
   • (j) One representative of the Atomic Energy Regulatory Board not below the rank of Deputy Secretary to the Government of India-member;
   • (k) two persons representing each of the recognised categories having such qualifications and experiences as may be prescribed by the Central Government-member: Provided that the Interim Commission may engage experts from unrepresented professions specified in the Schedule as necessary.
3. (3) The Interim Commission shall discharge the functions assigned to the Commission under this Act and shall follow its own procedures in discharging its duties.
4. (4) The Central Government shall appoint a Secretary to the Interim Commission.

1. (1) The Central Government shall, on the recommendation of a Search-cum-Selection Committee, appoint the Chairperson, Vice-Chairperson and the Secretary of the Commission.
2. (2) The Search-cum-Selection Committee shall consist of the following persons, namely:—
   • (a) the Secretary, Ministry of Health and Family Welfare-Chairperson;
   • (b) the Secretary or his nominee, not below the rank of Additional Secretary of Department of Higher Education, Ministry of Education-member;
   • (c) four experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of allied and healthcare education, public health education and health research to be nominated by the Central Government-members;
   • (d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology to be nominated by the Central Government-member; and
   • (e) Additional Secretary to the Government of India in the Ministry of Health and Family Welfare Convener-member.
3. (3) The Central Government shall, within a period of three months from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the Chairperson or Vice-Chairperson or Secretary of the Commission or within three months before the end of tenure of the Chairperson or Vice-Chairperson or Secretary of the Commission, make a reference to the Search-cum-Selection Committee for selection of Chairperson, Vice-Chairperson or Secretary.
4. (4) The Search-cum-Selection Committee shall recommend a panel of at least three names for each vacancy.
5. (5) The Search-cum-Selection Committee shall, before recommending any person for appointment of the Chairperson or Vice-Chairperson or Secretary, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson, Vice-Chairperson or Secretary.
6. (6) No appointment of the Chairperson or Vice-Chairperson or Secretary of the Commission shall be invalid merely by reason of any vacancy or absence of a member in the Search-cum-Selection Committee.
7. (7) Subject to the provisions of sub-sections (3) to (6), the Search-cum-Selection Committee may regulate its own procedure.