GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 1549-L. Dated 18th December, 2015.

NOTIFICATION

West Bengal Act XXVIII of 2015
THE WEST BENGAL ALLIED-MEDICAL AND PARA MEDICAL COUNCIL ACT, 2015.

An Act to provide for the constitution of a Council of the Allied-Medical and Para-Medical professionals as well as for the coordinated development in the education of Allied-Medical and Para-Medical professionals with a view to regulating and maintaining standards of education, practice, maintenance of register of Allied-Medical and para-Medical professionals and for matters connected therewith or incidental thereto.

Whereas, it has been found expedient by the State Government to provide for the constitution of an Allied-Medical and Para-Medical Council for the registration of Allied-Medical and Para-Medical Professionals, for the recognition of Institutions imparting training to such professionals in the State as well as for regulating their qualifications etc. and for matters connected therewith or incidental thereto;

Chapter I
Preliminary

  1. Short title, extent, exemption and Commencement.
  2. Definitions.

CHAPTER II
The Council

  1. Establishment and incorporation of the Council.
  2. Composition of Council.
  3. Election.
  4. Restriction on election and membership.
  5. Term of office and filling up of casual vacancy.
  6. Filling up of casual vacancies.
  7. Eligibility for membership.
  8. Cessation of membership.
  9. Resignation by member.
  10. Removal and vacation of membership.
  11. The President, the Vice-President and other office bearer.
  12. Executive Committee.

CHAPTER III
Conduct of Business

  1. Meetings of Council.
  2. Special meeting.
  3. Adjournment of meeting.
  4. Presiding of meeting.
  5. Quorum.
  6. Decision of question by majority of votes.
  7. Vacancy, etc. not to invalidate proceedings of the Council.
  8. Minutes of proceedings.
  9. Allowances to the Members of Council.
  10. Power to associate persons with the Council.
  11. Registration and Academic subcommittees.
  12. Other subcommittees.
  13. Appointment of the Registrar, other officers and staff.
  14. Power and duties of Registrar, other officers and staff.
  15. Control and discipline of the Registrar, other officers and staff.
  16. Regional Administrative offices.
  17. Authentication of orders and other instruments of the Council.

CHAPTER IV
Allied-Medical and Para-Medical Education

  1. Standards of education.
  2. Classification, nomenclature and definition.
  3. Admission criteria.
  4. Permission of the State Government for imparting education.
  5. Non-recognition of qualifications in certain cases.
  6. Time for seeking permission for certain existing Institution.
  7. Submission of scheme.
  8. Approval or rejection.
  9. Terms and conditions for consideration.
  10. Prohibition of awarding degree in certain cases.
  11. Recognition of qualification.
  12. Recognition of qualifications in case of reciprocity.
  13. Provision of recognition in certain areas.
  14. Withdrawal of recognition.
  15. Right to confer degree, diploma, etc.
  16. Furnishing of information.
  17. Appointment of assessors.
  18. Appointment of visiting experts.

CHAPTER V
The Registration and Conduct of Allied-Medical and Para-Medical Professionals

  1. Register of Allied and Para-Medical Practitioners.
  2. Eligibility criteria for registration.
  3. Qualification criteria for registration.
  4. Entry in register.
  5. Validity and renewal of registration.
  6. Alteration in register.
  7. Entry of additional qualification.
  8. Re-entry in register.
  9. Issue of duplicate certificates of registration.
  10. Printing of register and evidentiary value of entries therein.
  11. Custody and maintenance of register.
  12. Professional conduct and procedure in inquiries relating to misconduct.
  13. Appeal against the decision regarding registration or misconduct.
  14. Rights and privileges of the registered practitioner.
  15. Duties and obligation of the registered professional.
  16. Regulation of practice.

CHAPTER VI
Finance, Accounts and Audit

  1. Fund of the council.
  2. Budget.
  3. Annual administrative report.
  4. Accounts and audit.

CHAPTER VII
Duties, Obligations, Powers and Functions of Council

  1. The objects of the council.
  2. Duties and obligations of council.
  3. Powers and functions of council.
  4. Power to take evidence on oath etc.
  5. Power to enter, search and prosecution for offences.

CHAPTER VIII
Contravention and Penalty

  1. Penalty for contravention of section 35.
  2. Penalty for contravention of sections 34, 35, 36, 37 or 41.
  3. Prohibition against unauthorized conferment of degree etc.
  4. Prohibition on practice except as provided in this Act.
  5. Penalty for dishonest use of certificates, etc.
  6. Penalty for unauthorized use of title etc. by any person.
  7. Penalty for unauthorized use of title etc. by a professional.
  8. Penalty for failure to surrender certificate of registration.
  9. Penalty for false complaint or statement.
  10. Penalty for violation of provisions of this Act.
  11. Offences by companies.
  12. Cognizance and trial of offence.

CHAPTER IX
Limitations of Actions

  1. Protection of action taken in good faith.

Chapter X
Miscellaneous

  1. Directions by the State Government.
  2. Enquiry by State Government.
  3. Power to make rules.
  4. Power to make regulations.
  5. Rules and regulations to be laid before Assembly.
  6. Power to remove difficulties.

No. 1549-L dated 18.12.2015, Source