National Commission for Allied and Healthcare Professions Rules, 2021 राष्ट्रीय सहबद्ध और स्वास्थ्य देख-रेख व॒त्ति आयोग नियम, 2021 है।

National Commission for Allied and Healthcare Professions Rules, 2021 राष्ट्रीय सहबद्ध और स्वास्थ्य देख-रेख व॒त्ति आयोग नियम, 2021 है।

MINISTRY OF HEALTH AND FAMILY WELFARE
NOTIFICATION

New Delhi, the 27th May, 2021

G.S.R. 346(E).— In exercise of the powers conferred by section 65 of the National Commission for Allied and Healthcare Professions Act, 2021 (14 of 2021), the Central Government, hereby makes the following rules, namely: ––

1. Short title and commencement.– 

(1) These rules may be called the National Commission for Allied and Healthcare Professions Rules, 2021.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.–

(1) In these rules, unless the context otherwise requires, ––

  • (a) ―Act‖ means the National Commission for Allied and Healthcare Professions Act, 2021 (14 of 2021);
  • (b) ―Commission‖ means the National Commission for Allied and Healthcare Professions constituted under section 3 of the Act; 
  • (c) ―Form‖ means a form annexed to these rules;
  • (d) ―Section‖ means a section of the Act.
Allied and Healthcare Professions Rules
(2) Words and expressions used in these rules and not defined herein but defined in the Act shall have the respective meanings assigned to them in the Act.

3. Qualifications and experience of the Part - time Member of the Commission under sub-clause (i) of clause

(d) of sub-section (3) of section 3.–

(1) Qualification and experience: a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than fifteen years in the field of allied and healthcare sciences, out of which at least seven years shall be as a leader in the allied and healthcare professions.

(2) Zonal distribution of the States and Union Territories:

  • (a) The Northern Zone (8)- Haryana, Himachal Pradesh, Punjab, Rajasthan, National Capital Territory of Delhi, Chandigarh, Jammu & Kashmir, and Ladakh.
  • (b) The Central Zone (4)- Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh.
  • (c) The Eastern Zone (4)- Bihar, Jharkhand, Odisha, and West Bengal.
  • (d) The Northeastern Zone (8)- Assam, Arunachal Pradesh, Manipur, Nagaland, Mizoram, Tripura, Meghalaya, and Sikkim.
  • (e) The Western Zone (4) - Goa, Gujarat, Maharashtra, Daman & Diu and Dadra & Nagar Haveli.
  • (f) The  Southern  Zone  (8)-Andhra  Pradesh,  Karnataka,  Kerala,  Tamil  Nadu,  Telangana, Puducherry, Andaman and Nicobar Islands, and Lakshadweep.

(3) The Members shall be appointed by biennial rotation in alphabetical order.

4. 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.– (1) The member shall be appointed on biennial rotation of professions by a committee of Chairperson, Vice-Chairperson and ex-officio member under sub-clause ii of clause (c) of Section 3 of the Act. The Committee shall determine their methodology for selection of members in a transparent and merit-based manner.

(2) The member shall be appointed for a period of two years

(3) The part-time member shall be of a different profession as that of the President of the Professional Council, if there is more than one profession under the same Professional Council category.

5. Qualification, experience and manner of selection of the Part-time Members of the Commission under sub- clause (iii) of clause (d) of sub-section (3) of section 3.– (1) The member shall be appointed by the Central Government from amongst the charitable institutions which have been in operation for at least fifteen years in the healthcare system, preferably with a tertiary or super-specialty hospital engaged in direct delivery of affordable healthcare service and education.

(2) No Institution shall be represented by more than one nominee in the Commission at a time.

(3) Qualification and experience: A person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than fifteen years in the field of allied and healthcare sciences, out of which at least seven years shall be as a leader in the allied and healthcare professions.

6. Salaries and allowances payable to, and other conditions of service of, Chairperson and Vice- chairperson of Commission. –– (1) The salary payable to the Chairperson of the Commission shall be equivalent to the salary of the Additional Secretary to the Government of India in Level-15 in the pay matrix (Rs. 182200-224100/-):

Provided that where the Chairperson of the Commission is a retired person from Government, semi-Government agencies, public sector undertakings or recognised research institutions, the salary payable together with the pension or pensionary value of the terminal benefits, or both, received by him shall not exceed the last pay drawn.

(2) If the Chairperson of the Commission is in service of the Central Government or a State Government, his salary and allowances shall be regulated in accordance with the rules applicable to him or sub-rule (i), whichever is higher and his tenure in the Commission shall be treated as transfer on deputation‘, in terms of prevalent rules of the Government of India.

(3) The salary payable to the Vice-Chairperson of the Commission shall be equivalent to the salary of the Joint Secretary to the Government of India in Level-14 in the pay matrix (Rs. 144200- 218200/):

Provided that in case where the Vice-Chairperson of the Commission is a retired person from Government, semi-Government agencies, public sector undertakings or recognised research institutions, the salary payable together with the pension or pensionary value of the terminal benefits, or both, received by him shall not exceed the last pay drawn.

(4) If the Vice-Chairperson of the Commission is in service of the Central Government or a State Government, his salary and allowances shall be regulated in accordance with the rules applicable to him or sub-rule (iii), whichever is higher and his tenure in the Commission shall be treated as transfer on deputation‘, in terms of prevalent rules of the Government of India.

(5) Declaration of assets, professional and commercial engagement or involvement by Chairperson and Vice-Chairperson of Commission ––

 (a) The Chairperson and Vice-Chairperson of the Commission shall file return of assets and liabilities in the manner as per prevalent rules or guidelines for employees of equivalent level in the Central Government.

(b) The Chairperson and Vice-Chairperson of the Commission shall also declare their professional and commercial engagement or involvement on their first appointment and at the time of demitting office in Form A of the Schedule annexed with these rules.

(6) Leave and other entitlements of the Chairperson and Vice-Chairperson of the Commission shall be as per the prevalent Government of India rules or guidelines applicable to Central Government employees.

(7) The Central Government shall be the authority competent to grant leave to the Chairperson of the Commission. The Chairperson shall be the authority competent to grant leave to the Vice- Chairperson of the Commission.

7. Travelling and other allowances of the part-time members

(1) The part-time member of the Commission shall be paid travelling allowances and daily allowances in accordance with the rules as applicable from time to time for the Group ‗A‘ officers of Junior Administrative Grade in Central Government; and

(2) Every Member of the Commission shall be his own controlling officer in respect of his bills relating to travelling allowances and daily allowances.

8. Transaction of business a meeting of the Commission.-– 

(1) Time and place of the meetings of the Commission:

(a) The time and place of the meetings of the Commission shall be decided by the Chairperson.

(b) Chairperson may also call a special meeting of the Commission at any time after giving three days‘

notice to deal with any urgent matter requiring the attention of the Commission.

Provided that at a special meeting, the subject or subjects for the consideration of which the meeting has been called shall only be discussed.

(2) Notice of meetings and agenda paper:–

(a) Notice of every meeting other than a special meeting, shall be dispatched by the Secretary to each member of the Commission not less than fifteen days before the date of the meeting.

(b) The Secretary shall issue with the notice of the meeting a preliminary agenda  paper showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously reached him and the names of the movers.

(c) A member who wishes to move any motion not included in the preliminary agenda paper or an amendment to any motion so included shall give notice to the Secretary not less than five clear days before the date fixed for the meeting.

(d) The Secretary shall, not less than ten clear days before the date fixed for the meeting, or in the case of a special meeting, with the notice of the meeting, issue a complete agenda paper showing the business to be brought before the meeting.

(e) A member who wishes to move an amendment to any motion included in the agenda paper, but not included in the preliminary agenda paper shall give notice thereof to the Secretary not less than three clear days before the date fixed for the meeting.

(f) The Secretary shall cause a list of all amendments of which notice has been given under sub-rule (e) to be made available for the use of every member:

Provided that the Chairman may, if the Commission agrees, for reasons to be recorded in writing, allow a motion to be moved at a meeting notwithstanding the fact that notice thereof was received late to admit of compliance with this rule.

(3) Admissibility of motion: –

I. The Chairperson shall disallow any motion –

(a) if the matter to which it relates, is not within the scope of the Commission‘s functions

(b) if it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Commission at any time during the six months immediately preceding the date of the meeting at which it is designed to be moved:

Provided that such a motion may be admitted at a special meeting of the Commission convened for the purpose on the requisition of not less than two – thirds of the members of the Commission:

Provided further that nothing in these rules shall operate to prohibit discussion of any matter referred to the Commission by the Central Government in the exercise of any of its functions under the Act

(c) unless it is clearly and precisely expressed and raises substantially one definite issue;

(d) if  it  contains  arguments,  inferences,  ironical  expressions,  imputations  or  defamatory statements:

Provided that if a motion can be rendered admissible by amendment, the President may, in lieu of disallowing the motion, admit it in the amended form.

II. When the Chairperson shall disallow any motion, the Secretary shall inform the concerned member stating the reasons for rejection thereof.

(4) Adjournment for want of quorum:– The quorum of the meeting shall be one-half of the total members of the members of the Commission including the Chairperson or Vice- Chairperson. If, at any time appointed for a meeting or during the course of any meeting, a quorum is not present, the meeting shall be adjourned, and if a quorum is not present, on the expiration of thirty minutes from such adjournment, the meeting shall stand adjourned to such future date and time as the Chairperson of the Commission may appoint.

Quorum for special meeting shall be one-third of the total members of the Commission, including the Chairperson or Vice- Chairperson.

(5) Conduct of business:

(a) Every matter raised by a member shall be determined on a motion moved by the member duly seconded and put to the Commission by the Chairperson.

(b) When a motion has been moved and seconded and put to the Commission by the Chairperson, it may be discussed as a question to be resolved either in the affirmative or in the negative or any member may, subject to sub-rule (8) of rule 8 on scope of amendments, move an amendment to the motion:

Provided that the Chairperson shall not allow an amendment to be moved which, if it had been a substantive motion, would have been inadmissible considering is beyond the scope of functions of the Commission.

(c) Any motion or amendment standing in the name of a member who is absent from the meeting may be brought forward by another member with the permission of the Chairperson.

(6) Amendment to Motions:– When an amendment to any motion is moved and seconded or when two or more such amendments are moved and seconded, the Chairperson shall state or read to the Commission the terms of the original motion and of the amendment or amendments proposed serially.

(7) Identical Motions:– When motions identical in purport stand in the name of two or more members, the Chairperson shall decide whose motion shall be moved and the other motion or motions shall thereupon be deeded to be withdrawn. .......................... Click here for read more.

Source: https://egazette.nic.in/WriteReadData/2021/227214.pdf

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