National Commission for Allied Healthcare Act, 2021
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
61. Bar of jurisdiction.
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act.
Chapter VIII MISCELLANEOUS
62. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder in the discharge of their official duties.
Chapter VIII MISCELLANEOUS
63. Direction by Central Government.
- (1) The Central Government may, from time to time, issue such directions to the Commission, as in the opinion of Government are conducive for the fulfilment of the objects of this Act and in the discharge of its functions.
- (2) Any direction issued under sub-section (1) may include directions to the Commission to make any regulations or to amend or revoke any regulations already made.
Chapter VIII MISCELLANEOUS
64. Act to have overriding effect.
The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Chapter VIII MISCELLANEOUS
65. Power of Central Government to make rules.
- (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for all or any of the following matters, namely:—
- (a) the qualifications and experiences of the Part-time Member of the Commission under sub-clause
- (i) of clause (d) of sub-section (3) of section 3;
- (b) the manner of selection of the Part-time Member of the Commission under sub-clause (ii) of clause (d) of sub-section (3) of section 3;
- (c) the qualification, experience and manner of the selection of the Part-time Member of the Commission under sub-clause (iii) of clause (d) of sub-section (3) of section 3;
- (d) the salaries, allowances and other conditions of service of the Chairperson and Vice-Chairperson of the Commission under sub-section (2) of section 4;
- (e) the travelling and other allowances to the Part-time Member of the Commission under sub-section (3) of section 4;
- (f) the rules of procedure with respect to the transaction of business at meetings of the Commission under sub-section (1) of section 7;
- (g) the salaries, allowances and other conditions of service of the Secretary and other officers of the Commission under sub-section (2) of section 9;
- (h) the qualifications and experiences of members of the Professional Council under sub-section (1) of section 10;
- (i) the form of application and the manner of entering the name of person in the Central Register under section 16;
- (j) the form, manner and fee of application for certificate of registration under sub-section (1) of section 17;
- (k) the form of certificate of registration under sub-section (2) of section 17;
- (l) the fees for and form of duplicate certificate under sub-section (3) of section 17;
- (m) the form, manner and fees of application for additional entry in the Central Register under sub-section (1) of section 18;
- (n) the qualifications, experiences and manner of appointment of members of Interim Commission under clause (k) of sub-section (2) of section 20;
- (o) the form, manner, particulars and fees of the scheme under clause (b) of sub-section (2) of section 40;
- (p) the manner of sums of money received by the Commission under clause (c) of sub-section (1) of section 46;
- (q) the manner of application of fund for expenses incurred in discharge of the functions of the Commission under sub-section (2) of section 46;
- (r) the form and time period for preparing annual report of the Commission under section 48; and
- (s) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.
- (a) the qualifications and experiences of the Part-time Member of the Commission under sub-clause
Chapter VIII MISCELLANEOUS
66. Power to make regulations.
- (1) The Commission may, after public consultation and with the previous approval of the Central Government, make regulations generally to carry out the purposes of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely:—
- (a) the manner of providing 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 recognised categories, proportionate distribution of seats and promote innovations in recognised categories under clause (e) of sub-section (1) of section 11;
- (b) other particulars for allied and healthcare qualifications under clause (f) of sub-section (1) of section 11;
- (c) the manner of providing uniform examination with common counselling for admission under clause (g) of sub-section (1) of section 11;
- (d) the manner of providing for exit or licensing examination for allied and healthcare professionals and National Teachers Eligibility Test under clause (h) of sub-section (1) of section 11;
- (e) the manner of taking measures under clause (k) of sub-section (1) of section 11;
- (f) the manner of containing information including name of person and qualification relating to any of the respective recognised categories in the Central Register under sub-section (1) of section 13;
- (g) the manner of adopting standardised format for populating and maintaining the Central Register under sub-section (2) of section 13;
- (h) the manner of removal of name of a person from the Central Register under section 19;
- (i) the number of members from each recognised category under sub-section (2) of section 29;
- (j) other functions of the Under-graduate Allied and Healthcare Education or Post-graduate Allied and Healthcare Education or Allied and Healthcare Profession Assessment and Rating or Allied and Healthcare Professions Ethics and Registration under sub-section (6) of section 29;
- (k) the manner of containing information including name of person and qualification relating to any of their respective recognised categories under sub-section (1) of section 32;
- (l) the manner of containing details of academic qualification, institutions, training, skill and competencies of Allied and Healthcare Professionals related to their profession in the State Register under sub-section (2) of section 32;
- (m) the form and manner of renewal of registration under sub-section (4) of section 33;
- (n) the period for registration under sub-section (2) of section 36;
- (o) the period and manner of registration of person who offers services in any of the recognised categories on or before the commencement of this Act under section 38;
- (p) the recognition of corresponding allied and healthcare qualifications granted outside India under sub-section (1) of section 39;
- (q) the manner of entitlement of registration of qualifications granted by institutions outside India under sub-section (2) of section 39;
- (r) the basic standards of education for seeking to open a new or higher course of study or training under clause (a) of sub-section (5) of section 40; (s) any other factors under clause (g) of sub-section (5) of section 40; (t) the manner of furnishing information by the University or college or institution under sub-section (2) of section 41;
- (u) the manner of verification of standards of education in allied and healthcare institutions by the State Council under sub-section (1) of section 42; 1*** 2[(ua) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 58A;
- (ub) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 58A;]
- (v) any matter for which provision may be made by the regulations under this Act.
Chapter VIII MISCELLANEOUS
67. Laying of rules and regulations.
Every rule made by the Central Government, and the regulations made by the Commission, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulations, or both Houses agree that the rule or regulations should not be made, the rule or regulations 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 or regulations.
Chapter VIII MISCELLANEOUS
68. Power of State Government to make rules.
- (1) The State Government may, by notification, make rules to carry out the provisions of this Act. 1. The word “and” omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).
- (2) In particular, and without prejudice to the generality of the foregoing powers under sub-section (1), such rules may provide for the following matters, namely:--
- (a) the qualifications and experiences of the member of the State Council under clause (e) of sub- section (3) of section 22;
- (b) the qualifications and experiences of the member of the State Council under clause (f) of sub- section (3) of section 22;
- (c) the travelling and other allowances for the Member of the State Council under sub-section (2) of section 23;
- (d) the time, place and manner of rule of procedure in respect to transaction of business at meetings including quorum of the State Council under sub-section (1) of section 26;
- (e) the salaries, allowances and other conditions of services of the Secretary, other officers and employees of the State Council under sub-section (2) of section 28;
- (f) the fees for registration in the State Register under sub-section (1) of section 33;
- (g) the form of certificate of registration under sub-section (3) of section 33;
- (h) the fee and form of duplicate certificate under section 34;
- (i) the fee and the manner of payment of such fee under sub-section (1) of section 35;
- (j) the fee for restoration of name in the State Register under proviso to sub-section (2) of section 35;
- (k) the fee for restoration of name in the State Register under section 37;
- (l) the manner of application of fund for expenses incurred in discharge of the functions of the State Council under sub-section (3) of section 51;
- (m) the form and time for preparing annual report under section 53; and
- (n) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.
- (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House.
2 Ins. by s. 2 and Sch. ibid. (w.e.f. 01.07.2026).
Chapter VIII MISCELLANEOUS
69. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Chapter VIII MISCELLANEOUS
70. Power to amend Schedule.
- (1) The Central Government may, after consultation with the Commission, by a notification, add to or otherwise amend the Schedule for the purposes of this Act and thereupon the said Schedule shall be deemed to be amended accordingly.
- (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, 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 immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses. THE SCHEDULE [See section 2(r)] Serial Number Recognised Category Allied and Healthcare Professional ISCO Code
- (1) (2) (3) (4) 1. Medical Laboratory and Life Sciences Life Science Professional Note: Life Science Professional is a person who has knowledge of application of research on human and other life forms, their interactions with each other and the environment, to develop new knowledge, and solve human health and environmental problems and who works in diverse fields such as bacteriology, biochemistry, genetics, immunology, harmacology, toxicology and virology and who collect, analyse and evaluate the experimental and field data to identify and develop new processes and techniques among others.
- (i) Biotechnologist
- (ii) Biochemist (non-clinical)
- (iii) Cell Geneticist
- (iv) Microbiologist (non-clinical)
- (v) Molecular Biologist (non-clinical)
- (vi) Molecular Geneticist Medical Laboratory Sciences Professional Note: Medical and pathology laboratory professional is a person who performs clinical test on specimens of bodily fluids and tissues in order to get information about the health of a patient or cause of death and having formal training in medical laboratory technology or related field, which includes testing and operating equipment such as spectrophotometers, calorimeters and flame photometers for analysis of biological material including blood, urine and spinal fluid.
- (i) Cytotechnologist
- (ii) Forensic Science Technologist
- (iii) Histotechnologist
- (iv) Hemato Technologist
- (v) Medical Lab Technologist 2. Trauma, Burn Care and Surgical/Anesthesia related technology Trauma and Burn Care Professional Note: Trauma and Burn Care Professional is a
- (i) Advance Care Paramedic
- (ii) Burn Care Technologist person who provides advisory, diagnostic, curative and preventive medical services more limited in scope and complexity than those carried out by a medical doctor including emergency and burn care technologist who work autonomously, or with limited supervision of medical doctors and apply advanced clinical procedures for treating and preventing injuries and other physical impairments. Surgical and Anaesthesia-related Technology Professional Note: Surgical and Anaesthesia-related Technology professional is a person who is a member of a multi-disciplinary team in the operation theatres, who prepares and maintains an operating theatre, assists the anaesthetist and surgical team during peri-operative period and provides support to patients in the recovery room and the main role includes the set up, check, and maintains anaesthesia equipment, preparation of operation room and table, management of the central sterile services department functions, assistance in emergency situations and disaster preparedness and support of the surgeons and anesthetists in any other related clinical area. 3. Physiotherapy Professional Note: Physiotherapy Professional is a person who practices physiotherapy by undertaking comprehensive examination and appropriate investigation, provides treatment and advice to any persons preparatory to or for the purpose of or in connection with movement or functional dysfunction, malfunction, disorder, disability, healing and pain from trauma and disease, using physical modalities including exercise, mobilization, manipulations, electrical and thermal agents and other electro therapeutics for
- (iii) Emergency Medical Technologist (Paramedic)
- (i) Anaesthesia Assistants and Technologists
- (ii) Operation Theatre (OT) Technologists
- (iii) Endoscopy and Laparoscopy Technologists Physiotherapist 2264 prevention, screening, diagnosis, treatment, health promotion and fitness. The physiotherapist can practice independently or as a part of a multidisciplinary team and has a minimum qualification of a baccalaureate degree. 4. Nutrition Science Professional Note: Nutrition Science Professional is a person who follows a scientific process to assess, plan and implement programmes to enhance the impact of food and nutrition on health, promote good health, prevent and treat disease to optimize the health of individuals, groups, communities and populations as well as on human health with training in food and nutritional science, nutrition, dietetics.
- (i) Dietician (including Clinical Dietician, Food Service Dietician)
- (ii) Nutritionist (including Public Health Nutritionist, Sports Nutritionist) 5. Ophthalmic Sciences Professional Note: Ophthalmic Sciences Professional is a person who studies eye, related ailments and specialises in the management of disorders of eye and visual system, limited in scope and complexity as performed by a medical doctor having Optometrists with a minimum of four years of baccalaureate degree and Ophthalmic Assistants/Vision Technician with a minimum of two years recognised diploma programme.
- (i) Optometrist 2267
- (ii) Ophthalmic Assistant
- (iii) Vision Technician 3256 6. Occupational Therapy Professional Note: Occupational Therapy Professional is a person who delivers client-centred services concerned with promoting health and well-being through occupation to enable people to participate in the activities of everyday life, which includes professionals such as Occupational Therapists who achieve this outcome by working with people and communities to enhance their ability to engage in the occupations they are expected to do, or by modifying the occupation or the environment to better support their occupational engagement. The Occupational Therapist can practice independently or as a part of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree. Occupational Therapist 2269 7. Community Care, Behavioural Health Sciences and other Professionals Community Care
- (i) Environment Protection Officer
- (ii) Ecologist 2133
- (iii) Community Health promoters
- (iv) Occupational Health and Safety Officer (Inspector) Note: Primary and Community Care Professional is a person who provides health education, referral and follow up, case management, and basic preventive healthcare and home visiting services to specific communities at field level and provides support and assistance to individuals and families in navigating the health and social services system and establish a referral network.
- (i) Psychologist (Except Clinical Psychologist covered under RCI for PWD)
- (ii) Behavioural Analyst
- (iii) Integrated Behaviour Health Counsellor
- (iv) Health Educator and Counsellors including Disease Counsellors, Diabetes Educators, Lactation Consultants
- (v) Social workers including Clinical Social Worker, Psychiatric Social Worker, Medical Social Worker
- (vi) Human Immunodeficiency Virus (HIV) Counsellors or Family Planning Counsellors
- (vii) Mental Health Support Workers Behavioural Health Sciences Professional Note: Behavioural Health Sciences Professional is a person who undertakes scientific study of the emotions, behaviours and biology relating to a person's mental wellbeing, their ability to function in everyday life and their concept of self. "Behavioural health" is the preferred term to "mental health" and includes professionals such as counsellors, analysts, psychologists, educators and support workers, who provide counselling, therapy and mediation services to individuals, families, groups and communities in response to social and personal difficulties. Other Care Professionals (i) Podiatrist
- (ii) Palliative Care Professionals
- (iii) Movement Therapist (including Art, Dance and Movement Therapist or Recreational Therapist) 8. Medical Radiology, Imaging and Therapeutic Technology Professional Note: Medical Imaging and Therapeutic Equipment Technology Professionals include persons who tests and operate radiographic, ultrasound and other medical imaging equipment to produce images of body structures for the diagnosis and treatment of injury, disease and other impairments or administers radiation treatments and monitor patients' conditions with training in medical technology, radiology, sonography, mammography, nuclear medical technology, Magnetic Resource Imaging, Dosimetry or radiotherapy, under the supervision of a radiologist or other medical professional.
- (i) Medical Physicist 2111
- (ii) Nuclear Medicine Technologist
- (iii) Radiology and Imaging Technologist [Diagnostic Medical Radiographer, Magnetic Resonance Imaging (MRI), Computed Tomography (CT), Mammographer, Diagnostic Medical Sonographers]
- (iv) Radiotherapy Technologist
- (v) Dosimetrist 3211 9. Medical Technologists and Physician Associate Biomedical and Medical Equipment Technology Professional 1[(iv) Acupuncture Professionals 2230, 3230]
- (i) Biomedical Engineer
- (ii) Medical Equipment Technologist Physician Associate or Physician Assistant Physician Associates 3256 Note: Physician Associate or Physician Assistant is a person who performs basic clinical and administrative tasks to support patient care and is trained in a medical model such that he is qualified and competent to perform preventive, diagnostic and therapeutic services with physician supervision. Cardio-vascular, Neuroscience and Pulmonary (i) Cardiovascular Technologists Technology Professional (ii) Perfusionist 3259
- (iii) Respiratory Technologist Note: Cardio-vascular, Neuroscience and Pulmonary Technology Professionals include those persons who have studied and have thorough understanding of respiratory, neurological and circulatory system and also the ability to operate complex equipment related therein and includes professionals such as Perfusionist, Cardiovascular technologist, respiratory technologist and Sleep Lab Technologists. Renal Technology Professional Note: Renal Technology Professional is a person who deals with dialysis therapy process and technology to ensure an effective dialysis therapy to the patient and includes professionals such as Dialysis Therapy Technologists having baccalaureate degree who operate and maintain an artificial kidney machine, following approved methods. 10. Health Information Management and Health Informatic Professional Note: Health and Information Management Professional is a person who develops, implements and assesses the health record processing, storage and retrieval systems in medical facilities and other health care settings to meet the legal, professional, ethical and administrative records-keeping requirements of health services delivery and processes, maintains, compiles and reports patient information for health requirements and standards in a manner consistent with the healthcare industry's numerical coding system.
- (iv) Electrocardiogram (ECG) Technologist or Echocardiogram (ECHO) Technologist
- (v) Electroencephalogram (EEG) or Electroneurodiagnostic (END) or Electromyography (EMG) Technonlogists or Neuro Lab Technologists or Sleep Lab Technologists Dialysis Therapy Technologists or Urology Technologists
- (i) Health Information Management Professional (Including Medical Records Analyst)
- (ii) Health Information Management Technologist
- (iii) Clinical Coder 3252
- (iv) Medical Secretary and Medical Transcriptionist STATEMENT OF OBJECTS AND REASONS Allied and healthcare professions include a wide-range of health professionals for the diagnosis, evaluation and treatment of acute and chronic diseases. The Allied and healthcare professions also work to optimize patient outcomes and attend to overall prevention, promotion, wellness and management of diseases. 2. The health workforce in the Indian scenario has been defined with focus mainly on few cadres such as doctors, nurses and frontline workers. Many other professionals belonging to more than fifty allied and health care professions continue to remain under-utilised and unregulated in the health system. These broadly include professional categories such as Physiotherapy, Occupational Therapy, Ophthalmic Sciences, Nutrition Sciences, Medical Laboratory and Life Sciences, Medical Radiology, Imaging and Therapeutic Technology, Medical Technologists and Physician Associates, Trauma, Burn Care and Surgical/Anesthesia related Technology, Community Care and Behavioral Health Sciences and Health Information Management and Health Informatics. There has been a persistent demand for a regulatory framework for such professions for several decades. 3. The ‘para-medical professionals’ as well as other technologists and therapists have finally been accorded their due recognition and are being presently being termed as ‘Allied and Healthcare Professionals’. Based on the International Labour Organisation’s International Standard Classification of Occupations (ISCO-08), a detailed mapping has been undertaken to identify such professions. 4. The United Nation’s Commission on Health Employment and Economic Growth with a focus on building resilient health systems stresses upon strengthening the health workers and urges to ensure effective health employment. As estimated by the World Health Organisation, by the year 2030, the global economy is projected to create around forty million new health sector jobs, mostly in the middle and high-income countries. Despite the anticipated growth in jobs, there shall be projected shortage of eighteen million health workers to achieve the sustainable development goals in low and lower middle-income countries. 5. With the advancement in the health sector, changing preferences of consumers and service providers, it is now warranted to create a fresh vision of healthcare delivery with a patient-centric approach and focus on moving to a multi-disciplinary team-based care. This has necessitated the need to implement new ways of deploying health workers, strengthening the workforce by task-shifting models and improving access to quality services through qualified and competent allied and healthcare professionals. 6. Accordingly, the Allied and Healthcare Professions Bill, 2018 was introduced in Rajya Sabha on the 31st December 2018 and the same was referred to the Department Related Parliamentary Standing Committee of the Ministry of Health and Family Welfare for its examination and Report. The Committee after detailed examination recommended certain amendments to the said Bill. Therefore, it has been decided to withdraw the pending Bill and to introduce a new Bill, namely, the National Commission for Allied and Healthcare Professions Bill, 2020, incorporating the recommendations made by the Committee. 7. The Bill, inter alia, provides for, —
- (a) constitution of a National Commission for Allied and Healthcare Professions for regulation and maintenance of standards of education and services, assessment of institutions, maintenance of a Central Register and State Register of such professionals;
- (b) constitution of Professional Councils for every recognised professional category to frame policies and standards for the governance of allied and healthcare related education and professional services and to regulate their professional conduct;
- (c) constitution of a National Allied and Healthcare Advisory Council to advice Commission on the issues relating to allied and healthcare professionals;
- (d) constitution of State Councils for ensuring the coordinated and integrated development of education and maintenance of standards of delivery of services;
- (e) constitution of the Under-graduate Allied and Healthcare Education Board, Post-graduate Allied and Healthcare Education Board, Allied and Healthcare Professions Assessment and Rating Board and Allied and Healthcare Professions Ethics and Registration Board for regulating the standards of allied and healthcare professionals;
- (f) create and maintain an up-to-date online and live Central Register and State Register of allied and healthcare professionals;
- (g) ensuring development of basic standards of education, courses, curricula, facilities, assessment, examination, training, maximum fees etc.;
- (h) uniform entry examination with common counselling for admission into allied and healthcare institutions;
- (i) uniform exit or licensing examination for professional practice and National Teachers Eligibility Test for academicians;
- (j) strategic framework for rational deployment of skilled manpower, performance management systems, task shifting and associated career development pathways;
- (k) basic standards framework for machineries, materials and services;
- (l) measures to ensure compliance by the State Councils;
- (m) constitution of committees by engaging independent experts for technical advice related to any of the professions;
- (n) penalty for contravention of provisions of the Bill and the rules and regulations made there under; 8. The Bill seeks to achieve the above objectives. DR. HARSHVARDHAN. NEW DELHI: The 20th March, 2020.
1 Ins. by S.O. 4238(E), dated 26.09. 2024.
PDF: pending for this language.