The National Commission for Allied and Healthcare Professions Act, 2021

Administered Ministry: Ministry of Health and Family Welfare / Department of Health and Family Welfare

Showing 41 to 60 of 71 results
Section
Section 41 Power to require information from allied and healthcare institutions.
41. Power to require information from allied and healthcare institutions.---(1) Any University or college or institution imparting education in any recognised category shall furnish information to the State Council regarding course of study, duration of course, scheme of assessment and examinations and other eligibility conditions in order to obtain the requisite qualifications as an allied and healthcare institution under this Act as the State Council may from time to time require.

(2) Any University or college or institution imparting education in any recognised category as on the date of commencement of this Act shall furnish to the State Council such information in such manner as may be specified by regulations.

Section 42 Recognition of allied and healthcare qualifications by State Council.
42. Recognition of allied and healthcare qualifications by State Council.—(1) The State Council shall cause to verify the standards of any allied and healthcare institution where education in the recognised category is given, or to attend any examination held by any educational or research institution for the purpose of recognition of allied and healthcare qualifications by that allied and healthcare institution in such manner as may be specified by regulations.

(2) The verification made under sub-section (1) shall not interfere with the conduct of any training or examination, but shall be for the purpose of reporting to the State Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities for giving education in the recognised categories, as the case may be, or on the sufficiency of every examination which they attend.

(3) The State Council shall forward a copy of the report of verification of standards to the allied and healthcare institution concerned and a copy with remarks of the institution hereon to the Commission.

Section 43 Withdrawal of recognition.
43. Withdrawal of recognition.(1) On receipt of a report from the State Council, if the Commission is of the opinion that

(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by a University or any allied and healthcare institution do not conform to the standards specified by the Commission for the respective courses, as the case may be; or

(b) the standards and norms for infrastructure, faculty and quality of education in allied and healthcare institution as determined by the Commission for the respective courses, as the case may be, are not adhered to by any University or allied and healthcare institution, and such University or allied and healthcare institution has failed to take necessary corrective action to maintain specified minimum standards,

it may initiate action in accordance with the provisions of sub-section (2).

(2) After considering such representations, and on such enquiry as it may deem fit, the Commission may, within a period of ninety days from the date of receipt from the State Council under sub-section (1), by order, withdraw the recognition granted to the allied and healthcare institution:

Provided that before any order passed, the Commission shall afford, the allied and healthcare institution and the State Government within whose jurisdiction the allied and healthcare institution is situated an opportunity of being heard:

Provided further that the Commission shall, before taking any action for withdrawal of recognition granted to the allied and healthcare professionals qualification awarded by a University or allied and healthcare institution, impose fine in consultation with the concerned State Council.

(3) The Commission may, after making such further inquiry, if any, as it may think fit, by notification, direct that,--

(a) any allied and healthcare qualification shall be a recognised qualification under this Act only when granted before a specified date; or

(b) any allied and healthcare qualification if granted to students of a specified allied and healthcare institution shall be the recognised qualification only when granted before a specified date; or

(c) any qualification shall be the recognised qualification in relation to a specified allied and healthcare institution only when granted after a specified date.

Section 44 Failure to maintain minimum essential standards by allied and healthcare institutions.
44. Failure to maintain minimum essential standards by allied and healthcare institutions.—The State Council may take such measures, including issuing warning, imposing fine, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against an allied and healthcare institution for failure to maintain the minimum essential standards specified by the Commission under this Act.
Section 45 Grants by Central Government.
45. Grants by Central Government.—The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
Section 46 National Allied and Healthcare Fund.
46. National Allied and Healthcare Fund.--- (1) There shall be constituted a Fund to be called the National Allied and Healthcare Fund and there shall be credited thereto---

(a) all Government grants, fees received by the Commission;

(b) all sums of money received by the Commission by way of grants, benefactions, bequests and transfers; and

(c) all sums of money received by the Commission in any other manner or from any other sources as may be prescribed by the Central Government.

(2) The fund referred to in sub-section (1) shall be applied for the expenses of the Commission incurred in discharge of its functions and purposes of this Act in such manner as may be prescribed by the Central Government.

Section 47 Accounts and audit of Commission.
47. Accounts and audit of Commission.(1) The Commission shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the Commission.

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

Section 48 Annual report of Commission.
48. Annual report of Commission.—The Commission shall prepare every year, in such form and within such time as may be prescribed by the Central Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Section 49 Returns and information.
49. Returns and information.—The Commission shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
Section 50 Grants by State Government.
50. Grants by State Government.—The State Government may, after due appropriation made by State Legislature by law in this behalf, make to the State Council grants of such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
Section 51 State Allied and Healthcare Council Fund.
51. State Allied and Healthcare Council Fund.—(1) There shall be constituted a Fund to be called the State Allied and Healthcare Council Fund and there shall be credited thereto—

(a) all sums of money received from the State Government;

(b) all sums of money received by the State Council by way of grants, fees, benefactions, bequests and transfers; and

(c) all sums of money received by the State Council in any other manner or from any other source as may be decided by the State Government.

(2) All receipts of the Commission and State Councils shall be routed through an online payment portal of the Commission and one-fourth of all the receipts shall be transferred to the National Allied and Healthcare Fund and three-fourth of all the receipts shall transfer to the relevant State Allied and Healthcare Council Fund through that portal.

(3) The fund referred to in sub-section (1) shall be applied for the expenses of the State Council incurred in discharge of its functions for the purposes of this Act in the manner as may be prescribed by the State Government.

Section 52 Accounts and audit of State Council.
52. Accounts and audit of State Council.—(1) The State Council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the State Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the State Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the State Council to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Council shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect the office of the State Council.

(4) The accounts of the State Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and that Government shall cause the same to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Section 53 Annual report of State Council.
53. Annual report of State Council.—The State Council shall prepare every year, in such form and within such time as may be prescribed by the State Government an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the State Government and that Government shall cause the same to be laid before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House.
Section 54 Authentication of orders, etc.
54. Authentication of orders, etc.—All orders and decisions of the Commission or the State Council, as the case may be, and the instruments issued by it shall be authenticated by the Secretary or any other officer authorised by the Chairperson in this behalf.
Section 55 Practice by allied and healthcare professionals.
55. Practice by allied and healthcare professionals.5No allied and healthcare professional shall discharge any duty or perform any function not authorised by this Act or any treatment not authorised within the scope of practice of the profession.
Section 56 Penalty for falsely claiming to be entered in Central Register and State Register.
56. Penalty for falsely claiming to be entered in Central Register and State Register.--- If any person whose name is not for the time being entered in the Central Register or a State Register falsely represents that it is so entered or uses in connection with his name or title any words or letters to suggest that his name is so entered, he shall be punished on first conviction with fine which may extend to fifty thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one lakh rupees or with both.
Section 57 Misuse of titles.
57. Misuse of titles.--- If any person,---

(a) not being a person registered in the Central Register or a State Register, takes or uses the description of an allied and healthcare professional, or

(b) not possessing an allied and healthcare qualification under this Act, uses a degree or a diploma or a license or an abbreviation indicating or implying such qualification,

shall be punished on first conviction with fine which may extend to one lakh rupees, and on any subsequent conviction with imprisonment which may extend to one year or with fine not exceeding two lakh rupees or with both.
Section 58 Failure to surrender certificate of registration.
If any person whose name has been removed from the Central Register or a State Register, he shall surrender forthwith his certificate of registration or certificate of renewal, as the case may be, or both, failing which he 1[shall be liable to penalty which may extend to fifty thousand rupees and in case of a continuing contravention with an additional penalty which may extend to five thousand rupees per day after the first day during which the offence contravention continues].

1. Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 01.07.2026).

Section 58A Adjudication of penalties.
1[58A. Adjudication of penalties.---(1) For the purpose of adjudicating penalties under section 58, the Chairperson of the State Council shall be the adjudicating authority to hold inquiry and imposing penalties in such manner as may be prescribed:

Provided that for the States where the State Councils have not been established, the Chairperson of the Commission shall perform the functions of the adjudication authority under sub-section (1) till such State Councils are established:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Whoever is aggrieved by an order of the adjudicating authority under sub-section (1) except the proviso thereof, may, within a period of thirty days from the date of receipt of such order, prefer an appeal to the Chairperson of the Commission, who shall be the appellate authority, in such form and manner as may be prescribed:

Provided that where the Chairperson of the Commission has performed the functions of the adjudicating authority under the first proviso to sub-section (1), the appeal shall lie to the Secretary to the Government of India, as may be appointed by the Central Government in this behalf.

(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

Section 59 Penalty for contravention of provisions of Act.
59. Penalty for contravention of provisions of Act.—Whoever contravenes any of the provisions of this Act or any rules or regulations made thereunder shall be punished with imprisonment which shall not be less than one year but which may extend to three years or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both.