The National Commission for Allied and Healthcare Professions Act, 2021

1. Short title and commencement.--(1) This Act may be called the National Commission for Alliedand Healthcare Professions Act, 2021. (2) It shall come into force on such date1as the Central Government may, by notification, appoint; anddifferent dates1 may be appointed for different provisions of this Act and any reference in any provision tothe commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Definitions.In this Act, unless the context otherwise requires, (a) “Advisory Council” means the National Allied and Healthcare Advisory Council constitutedunder sub-section (1) of section 12; (b) “allied and healthcare institution” means an educational or research institution which grantsdiploma or undergraduate, postgraduate or doctoral degree or any other post degree certification in anyallied and healthcare professional under this Act; (c) “allied and healthcare professional” means any allied health professional or healthcareprofessional under this Act; (d) “allied health professional” includes an associate, technician or technologist who is trained toperform any technical and practical task to support diagnosis and treatment of illness, disease, injuryor impairment, and to support implementation of any healthcare treatment and referral planrecommended by a medical, nursing or any other healthcare professional, and who has obtained anyqualification of diploma or degree under this Act, the duration of which shall not be less than twothousand hours spread over a period of two years to four years divided into specific semesters; (e) “allied and healthcare qualification” means a recognised diploma or degree possessed by anallied and healthcare professional through regular learning mode under this Act or any additionalrecognised course obtained thereafter; (f) “Autonomous Board” means the Autonomous Board constituted under sub-section (1) of section29; (g) “Central Register” means the Central Allied and Healthcare Professionals' Register maintainedby the Commission under section 13; (h) “Chairperson” means the Chairperson of the Commission appointed under clause ((a) ofsub-section (3) of section 3; (i) “Commission” means the National Commission for Allied and Healthcare Professionconstituted under sub-section (1) of section 3; (j) “healthcare professional” includes a scientist, therapist or other professional who studies,advises, researches, supervises or provides preventive, curative, rehabilitative, therapeutic orpromotional health services and who has obtained any qualification of degree under this Act, theduration of which shall not be less than three thousand six hundred hours spread over a period of threeyears to six years divided into specific semesters; (k) “Interim Commission” means the Interim Commission constituted under sub-section (1)of section 20; (l) “Member” means a Member of the Commission or, as the case may be, the State Council,including the Chairperson, Vice-Chairperson and Part-time Member; (m) “notification” means a notification published in the Official Gazette and the expression“notified” shall be construed accordingly; (n) “Part-time Member” means the Part-time Member of the Commission nominated by the StateGovernment under sub-clauses (i) and (ii) of clause (d), and nominated by the Central Governmentunder sub-clause (iii) of clause (d) of section 3; (o) “prescribed” means prescribed by rules made under this Act; (p) “Professional Council” means the Allied and Healthcare Professional Council constituted undersub-section (1) of section 10; (q) “recognised categories” means any category of the allied and healthcare professionals specifiedin the Schedule; (r) “regulations” means the regulations made by the Commission; (s) “Schedule” means the Schedule annexed to this Act; (t) “State Council” means a State Allied and Healthcare Council constituted under sub-section (1)of section 22; (u) “State Government” includes Union territory Administration; (v) “State Register” means the State Allied and Healthcare Professionals' Register maintainedunder section 32; (w) “Task shifting” means the process whereby specific tasks are moved, where appropriate torelated allied and healthcare professionals specialised in those tasks, by reorganising the healthworkforce efficiently for improved healthcare; (x) “University” means a University defined under clause (f) of section 2 of the University GrantsCommission Act, 1956 (3 of 1956) and includes an institution declared to be a deemed Universityunder section 3 of that Act; (y) “Vice-Chairperson” means the Vice-Chairperson of the Commission appointed under clause (b)of sub-section (3) of section 3.

3. Constitution and composition of Commission.(1) With effect from such date as the CentralGovernment may, by notification, appoint in this behalf, there shall be constituted a Commission to becalled the National Commission for Allied and Healthcare Profession for exercising such powers anddischarging such duties as may be laid down under this Act. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession anda common seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract and shall by the same name sue or be sued. (3) The Commission shall consist of the following, namely: (a) a person having an outstanding ability, proven administrative capacity and integrity andpossessing a postgraduate degree in any profession of recognised category of allied and healthcaresciences from any University with experience of not less than twenty-five years in the field of alliedand healthcare sciences, out of which at least ten years shall be as a leader in the area of allied andhealthcare professions to be appointed by the Central Government--Chairperson; (b) a person having an outstanding ability, proven administrative capacity and integrity, possessinga postgraduate degree in any profession of recognised category of allied and healthcare sciences fromany University with experience of not less than twenty years in the field of allied and healthcaresciences, out of which at least ten years shall be as a leader in the area of allied and healthcareprofessionsVice-Chairperson; (c) the following persons shall be the ex officio Members of the Commission, namely: (i) Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry ofLaw and Justice--ex officio Member; (ii) Joint Secretary to the Government of India in the Department of Health and Family Welfare,Ministry of Health and Family Welfare--ex officio Member; (iii) Joint Secretary to the Government of India in the Department of Higher Education--exofficio Member; (iv) Joint Secretary to the Government of India in the Department of Empowerment of Personswith Disabilities, Ministry of Social Justice and Empowerment--ex officio Member; (v) Joint Secretary to the Government of India in the Ministry of Skill Development andEntrepreneurship--ex officio Member; (vi) one person representing the Directorate General of Health Services not below the rank ofDeputy Director General--ex officio Member; (vii) one person representing the Indian Council of Medical Research not below the rank ofDeputy Director General--ex officio Member; (viii) one person representing out of the following, on biennial rotation basis, not below therank of Deputy Secretary to the Government of India--ex officio Member-- (a) Atomic Energy Regulatory Board; (b) National Medical Commission; and (c) Rehabilitation Council of India; (ix) three persons not below the rank of Deputy Director or Medical Superintendentrepresenting the following, on biennial rotation basis, to be nominated by the Central Government--ex officio Members,-- (a) All India Institute of Medical Sciences, New Delhi; (b) All India Institute of Physical Medicine and Rehabilitation, Mumbai; (c) Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry; (d) North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences,Shillong; (e) Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities,Delhi; (f) National Institute of Mental Health and Neuro-Sciences, Bengaluru; (g) National Institute of Nutrition, Hyderabad; (h) National Institute of Rehabilitation Training and Research, Cuttack; (i) National Institute of Orthopedically Handicapped, Kolkata; (j) All India Institute of Speech and Hearing, Mysore, Karnataka; (k) Sree Chitra Tirunal Institute for Medical Sciences and Technology,Thiruvananthapuram, Kerala; and (l) Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:-- (i) two persons from each of the six zones representing the State Councils on biennialrotation in the alphabetical order as per the zonal distribution having such qualificationsand experience as may be prescribed by the Central Government to be nominated by theconcerned State Government; (ii) The President of the Professional Council and one person representing each of theProfessional Councils to be selected in such a manner as may be prescribed by the CentralGovernment on biennial rotation of professions by a committee comprising of Chairperson,Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and (iii) two persons, representing charitable institutions engaged in education or servicesin connection with any recognised category, having such qualifications and experience asmay be prescribed by the Central Government, to be nominated by the CentralGovernment.

4.Term of office and conditions of service of Members.(1) The Chairperson, Vice-Chairperson ofthe Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) ofsub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on whichthey enter upon their office and shall be eligible for re-nomination for a maximum period of two terms. (2) The salaries and allowances payable to, and other conditions of service of, the Chairperson andVice-Chairperson of the Commission shall be such as may be prescribed by the Central Government. (3) The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3)of section 3 shall receive such travelling and other allowances as may be prescribed by the CentralGovernment.

5. Resignation and removal of Members.(1) Notwithstanding anything contained in sub-section(1) of section 4, the Chairperson, Vice-Chairperson of the Commission and the Part-time Membernominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 may- (i) relinquish his office by giving in writing to the Central Government notice of not less than threemonths; or (ii) be removed from his office if he (a) has been adjudged insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involvesmoral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functionsas a Part-time Member; or (e) has so abused his position as to render his continuance in office prejudicial to the publicinterest. (2) No Part-time Member shall be removed from his office under clause (d) or clause (e) of sub-section(1) unless he has been given a reasonable opportunity of being heard in the matter.