Jammu and Kashmir Paramedical Council Act, 2014
[Act No. VII of 2014]
[Received the assent of the Governor an 14th March, 2014 and published in the Government Gazette; dated 14th March, 2014]
Statement of Objcets and Reasons
1. Modern medical care cannot be undertaken without help of the allied health professionals like the Medical Laboratory Technicians, ECG Technicians, EEG Technicians, EMG Technicians, Ophthalmic Assistants, X-ray Technicians, etc. The Paramedical Technicians Services thus have a vital role in the healthcare system. Though they from a vital link in the hospital service, there is no law or machinery to control the various Paramedical Technicians "courses conducted by the various agencies in the State and also there is no control by the State over the laboratory and diagnostic services in the private sector. In order to evolve a uniform standards in the practice of these Paramedical Technicians" profession it is absolutely essential that persons who have attained a minimum standard of professional education are only be permitted to practice such professions. Therefore Government have decided to establish a Paramedical Technicians council for fixing the minimum educational standards of Paramedical Technicians and for giving approval to the courses of study and examinations and for granting approval to the institutions those conducting for such courses and for maintaining a register of the qualified Paramedical Technicians in the State.
2. The Bill seeks a achieve the above object.
An Act to provide for establishment of Paramedical Council in the State and to regulate the practice by Paramedical Practitioners and institutions.
Be it enacted by the Jammu and Kashmir State Legislature in the 65th Year of the Republic of India as follows:-
1. Short title and commencement
(1) This Act may be called the Jammu and Kashmir Paramedical Council Act, 2014.
(2) It shall be deemed to have come into force with effect from 11th of November, 2013.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) "Act" means the Jammu and Kashmir Paramedical Council Act, 2014;
(b) "Council" means the paramedical council established under section 3 of the Act;
(c) "Government" means Government of Jammu and Kashmir;
(d) "paramedical" means any person qualified in paramedical subject and who helps in teaching or practice of,-
(i) medicine within the meaning of clause (f) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956); or
(ii) medicine in Homeopathy within the meaning of clause (d) of section 2 of the Jammu and Kashmir Homeopathic Practitioners Act, 2003 (Act No. VIII of2003); or
(iii) medicine in Ayurvedic System and Unani System within the meaning of clauses (2) and (3) respectively of section 2 of the Jammu and Kashmir Ayurvedic and Unani Practitioners Act,1959 (Act No. XXVI of 1959);
(e) "para-clinical establishment" means a place catering to pathological, bacteriological, genetic, radiological, biological investigations or other diagnostic services with the aid and assistance of devices and equipments established as an independent entity or part of an establishment such as a hospital, nursing home, polyclinic, sanatorium, maternity home, immunization or vaccination clinics, dispensary, special camps where physically or mentally sick, infirm, injured or disabled person is admitted as a person for treatment, observation care or examined as outpatient;
CD "paramedical institution" means any recognised Institution within or outside India which grants Degrees, Diplomas, Certificates or license in paramedical;
(g) "paramedical qualification" means the qualification relating the paramedical education mentioned in the schedule appended to the Act;
(h) "prescribed" means prescribed by rules made under the Act;
(i) "President" means the President of the Council;
(j) "recognised institution" means a Hospital, Health Centre or other such institution recognised by the Paramedical Council as an Institution in which the person may undergo a training, if any, required by his course of study before the award of any para-medical qualification to him;
(k) "recognised paramedical qualifications" means a Degree/ Diploma or certificate conferred by any paramedical Institution established by law or any other Institution recognised by the Government in this behalf;
(1) "registered Medical practitioner" means a person registered as such under section 38 of the Act;
(m) "Registrar" means the Registrar appointed by the Council under section 32 of the Act;
(n) "regulation" means regulations made under section 54 of the Act;
(o) "rules" means the rules made under the Act;
(p) "schedule" means schedule appended to the Act;
(q) "State" means the State of Jammu and Kashmir; and
(r) "state register" means the register maintained under the Act and expression 'registered' and 'registration' shall be construed accordingly.
3. Establishment of Paramedical Council
(1) The Government shall, as soon as may be, establish, by notification published in the Government Gazette, a Council with effect from such date as may be specified therein.
(2) The Council shall be a body corporate by the name of "the Jammu and Kashmir Paramedical Council", and shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and to do all other things necessary for the purpose of the Act and may by the said name sue and be sued.
4. Constitution of Council
(1) The Council shall consist of the following Members, namely:-
| (i) Ex-officio Memebers: | ||
| (a) | Principal, Government President on rotational basis Medical Colleges for a period of two years. Srinagar/Jammu | The first President shall be the Senior most Principal of Government Medical College, Srinagar/Jammu and the other Principal shall act as Vice-President. |
| (b) | Mission Director (NRHM) | (Member) |
| (c) | Principal, | (Member) |
| (d) | | (Members) |
| (e) | Director Health Services Jammu/Kashmir and Directorate ISM, J&K | (Member) |
| (f) | Head of the concerned discipline of Indira Gandhi Government Dental College Jammu and | (Members) |
| (ii) Non-Official Members: | ||
| Two representatives of registered Medical Practitioners one each from |
||
| The non-official Members shall be elected to the Council by the registered paramedical institutions/Para-clinical establishments from amongst themselves in such a manner as may be prescribed by regulations: | ||
| Provided that in case of first constitution of the Council in the State after the commencement of the Act, the non- official members shall be nominated by the Government the assumption of office by the elected Members. |
(2) Registrar shall be the Secretary of the Council.
(3) No person shall at the same time serve as a member in more than one capacity.
5. Disqualifications for Membership
A person shall be disqualified for being a non-official member, if,-
(a) he is not a permanent resident of the State; or
(b) he is adjudged an insolvent; or
(c) he is of an unsound mind and is declared so by a competent Court; or
(d) he has been sentenced for an offence involving moral turpitude; or
(e) he is an employee of the Council and is paid salary or honorarium; or
(f) his name has been removed from the State Register or from the register of registered medical or paramedical practitioners maintained under any Act for the time being in force.
6. Term of office of the non-official Members of the Council
(1) Save as otherwise provided in the Act, non-official members shall hold office for a term of two years from the date of first meeting of the Council.
(2) Notwithstanding the expiration of the term specified under sub-section(1), an outgoing member shall continue to be in office until a new member is nominated or elected, as the case may be and assumes office.
7. Resignation by non-official Member
(1) Any non-official member of the Council may resign from the office by writing a letter in this regard to the President of the Council.
(2) The resignation shall take effect from the date it is accepted by the President.
8. Disabilities for continuing as Member of the Council
(1) If any non-official member of the Council during the period of his office,-
(a) absents himself from three consecutive meetings of the Council without the permission of the Council; or
(b) remains abroad for a period exceeding one year; or
(c) attracts any disqualification as specified in section 5; or
(d) ceases to be a registered medical practitioner under any law for the time being in force in the State,
the Council may declare his office as vacant:
Provided that the member shall be given an opportunity of being heard before his post is declared vacant.
(2) Any non-official member aggrieved by declaration under sub-section (1) may prefer an appeal to the Government within ninety days from the date of such declaration and the decision of the Government thereon shall be final.
9. Filling of causal vacancies
If a non-official member dies or resigns or otherwise ceases to be a member, the vacancy shall be filled as soon as may be, by election and the person so elected shall hold office for the remainder of the term of office of the member in whose place he becomes a member.
10. Meetings of the Council
(1) The Council shall meet on such time, date and place, as the President may fix in this behalf.
(2) The President may, whenever he thinks fit, call a special meeting, and shall be bound to do so within two weeks of the receipt of written requisition, signed by not less than eight members of the Council.
(3) The notice of every meeting specifying the time and place thereof and the business to be transacted...
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