The National Commission for Allied and Healthcare Professions Act, 2021
Administered Ministry: Ministry of Health and Family Welfare / Department of Health and Family Welfare
Section
Section 60 Cognizance of offences.
60. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Section 61 Bar of jurisdiction.
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.
Section 62 Protection of action taken in good faith.
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.
Section 63 Direction by Central Government.
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.
(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.
Section 64 Act to have overriding effect.
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.
Section 65 Power of Central Government to make rules.
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 subsection (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 subsection (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.
(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 subsection (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 subsection (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.
Section 66 Power to make regulations.
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 subsection (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.
(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 subsection (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.
1. The word "and" omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).
2. Ins. by s. 2 and Sch. ibid. (w.e.f. 01.07.2026).
2. Ins. by s. 2 and Sch. ibid. (w.e.f. 01.07.2026).
Section 67 Laying of rules and regulations.
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.
Section 68 Power of State Government to make rules.
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.
(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 subsection (3) of section 22;
(b) the qualifications and experiences of the member of the State Council under clause (f) of subsection (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) 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 subsection (3) of section 22;
(b) the qualifications and experiences of the member of the State Council under clause (f) of subsection (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.
Section 69 Power to remove difficulties.
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.
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.
Section 70 Power to amend Schedule.
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.
(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.