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THE KERALA PARA MEDICAL COUNCIL BILL, 2002.

Background Note

Modern medical care cannot be provided without the help of allied health professionals like Laboratory Technicians, ECG, EEC and EMG technicians, X-ray technicians and Ophthalmic Assistants etc. Para medical personnel have a very vital role to play in the health care system. In recent years there has been rapid growth of private medical institutions in the State. While there are laws for laying down standards and creating bodies for enforcement in the case of medical personnel there is no law or machinery to lay down standards and enforce them in the case of Para medical personnel. There is no regulation by any professional body over Laboratory and diagnostic services in the State. The quality of the Laboratory and Diagnostic Centres that have come up varies widely from the very best to those in which unqualified persons are alleged to be working resulting in lack of reliability of the test reports. In order to evolve adequate standards for para medical professions it is considered essential to lay down that only persons who have a certain minimum standard of professional training and education can practise his professions in the State.

A proposal to bring forth a legislation in this matter has been pending in the Health Department for a long time. The Committee has considered this proposal in all its aspects and has suggested a draft Bill for the same.

The proposed Bill seeks to empower the Government to establish a Para Medical Council and to entrust the Council with the powers of recognition of Para Medical Educational and Training Institutions, Registration and Training and other purposes. It also enjoins the Council to work towards constant improvement and up-dating of standards by encouraging institutions to get accredited by National Institutions like the National Accreditation Board of Laboratories of the Department of Science & Technology of the Government of India. The draft Bill prepared by the Committee is appended.

THE KERALA PARA MEDICAL COUNCIL BILL, 2002

A Bill to provide for the constitution of a Para Medical Council for registration of Para Medical Technicians and for the registration of Institutions imparting training to such Technicians in the State and for regulating their qualifications and for matters connected therewith or incidental thereto:

Preamble.- WHEREAS, it is expedient to provide for the constitution of a Para Medical Council for registration of Para Medical Technicians, and for the registration of Institutions imparting training to such technicians in the State and for regulating their qualifications and for matters connected therewith or incidental thereto;

BE it enacted in the Fifty-third Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title and commencement.- (1) This Act may be called the Kerala Para Medical Council Act, 2002.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a)“council” means the Kerala Para Medical Council constituted under section 3 of this Act;

(b)“ECG technician” or “EEG Technician” or EMG Technician” means a person who has passed the ECG Technician Test, or EEG Technician Test or EMG Technician Test as the case may be, conducted by a recognized Institution or having the qualification recognized as equivalent qualification;

(c)“equivalent qualification” means a qualification recognized as equivalent by any law for the time being in force in the State or any qualification declared as such and notified by the Government as equivalent qualification;

(d)“executive committee” means the Executive Committee of the Council;

(e)“Government” means the Government of Kerala;

(f)“hospital” means any premises used for the care of the sick;

(g)“medical council” means the Council of Modern Medicine constituted under the Travancore Cochin Medical Practitioners Act, 1953 (Act No.IX of 1953);

(h)“medical laboratory” means, an establishment where,-

(i)Microbiological, Pathological or Biochemical investigations, examinations, analysis; or

(ii)the preparation of cultures, vaccines, sera or other biological products are usually carried on in connection with the diagnosis or treatment of any disease;

(i)“medical laboratory technician” means a person who has acquired a degree or a diploma in Medical Laboratory Science from a recognized institution or having the qualification recognized as equivalent qualification;

(j)“ophthalmic assistant” means a person who has acquired a diploma in Ophthalmic Science such as vision testing, diagnosing and treating minor ocular ailments from a recognized institution or having the qualification recognized as equivalent qualification;

(k)“para medical course” means any degree, diploma or certificate course awarded for practicing as Para Medical Technicians;

(l)“Para Medical Technician” means an ECG Technician, EEC Technician, EMC Technician, X-ray Technician, Medical Laboratory Technician or Ophthalmic Assistant and includes such other technicians as may be specified and notified by the Government as Para Medical Technicians from time to time;

(m)“President” means the President of the Council;

(n)“prescribed” means prescribed by rules made under this Act;

(o)“recognized institution” means an institution recognized under this Act;

(p)“recognized qualification” means-

(i) in relation to medical laboratory Technicians, the Bachelors degree or Masters degree in Laboratory Technology awarded by any University in Kerala or an equivalent qualification or diploma in Laboratory Technology / or an equivalent qualification.

(ii) in relation to Ophthalmic Assistant, a Diploma in ophthalmic science granted by a recognized institution or an equivalent qualification;

(iii)in relation to ECG Technicians, EEG Technicians and EMG Technicians pass in concerned Technicians test conducted by a recognized institution or an equivalent qualification;

(iv)in relation to X-ray Technicians, a pass in X-ray technicians course conducted by a recognized institution or an equivalent qualification;

(v)in relation to any other paramedical technician, the concerned technicians course conducted by a recognized institution or an equivalent qualification;

(q)“register” means,-

(i)in relation to Medical Laboratory Technicians, the register of Medical Laboratory Technicians maintained under this Act;

(ii) in relation to Ophthalmic Assistant, the register of Ophthalmic Assistants maintained under this Act;

(iii) in relation to ECG Technicians, and EEG Technicians and EMG Technicians, the register of ECG Technicians, EEG Technicians and EMG Technicians maintained under this Act;

(iv)in relation to X-ray Technicians, the register of X-ray technicians maintained under this Act; and

(v) in relation to any other Para Medical Technician, the register maintained under the Act in respect of that category of Paramedical Technician;

(r)“regulations” means regulations made by the Council with the approval of Government under this Act;

(s)“Secretary” means the Secretary of the Council appointed under this Act;

(t)“State” means the State of Kerala;

(u)“X-ray Technicians” means a person qualified for taking X-ray films from any recognized institution or having the qualification recognized as equivalent qualification.

CHAPTER II

Para Medical Council

1. Establishment, incorporation and constitution of the Council.- (1) The Government may, by notification in the Gazette, establish with effect from such date as may be specified in such notifications, a Council to be called the Kerala Para Medical Council.

(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued.

(3) The headquarters of the Council shall be at Thiruvananthapuram.

4. Powers and duties of the Council .- (1) Subject to the provisions of the Act and such conditions as may be prescribed, the council shall exercise the following powers and perform the following duties, namely:-

(a)to fix the criteria for the establishment of para medical institutions;

(b) to recognize para medical institutions;

(d)withdrawal of recognition granted to Para Medical Institutions under this Act;

(e)maintenance of register under this Act;

(f)remove the names of persons under section23;

(g)restoration of the names removed from the register under section 24;

(h)recognition of qualification for the purpose of this Act;

(i)framing of regulation;

(j)delegation of its powers to the Executive Committee;

(k)conduct inspection of para medical institutions;

(l)fixing of fees to be levied under this Act;

(m)maintenance of the fund;

(n)do such other acts and thing, whether incidental to the powers aforesaid or not as may be required in order to further the objects of this Act.

(2) It shall be duty of the council to uphold the highest technical professional and ethical standards both in its working and institutions of para medical education training and practice;

(3) The council shall work towards constant improvement and updating of standards by encouraging institutions to get accredited by National Institutions like the National Accreditation Board of Laboratories of the Department of Science and Technology of the Government of India.

5. Composition of the Council. -(1) The Council shall consist of the following members, namely: -

1. Ex-officio Members

(a) The Secretary to Government, Health and Family Welfare Department.

(b) The Director of medical Education.

(d) The Director of Public Health Laboratory, Thiruvananthapuram.

(e) The Secretary to the Council.

II Professional Members.

(a) Four members from among the registered Medical Laboratory Technicians of the State, at least one of whom shall possess a degree of Medical Laboratory Technicians, chosen by the Government in such manner as may be prescribed;

(b)One member from among the registered Ophthalmic Assistants Chosen by the Government in such manner as may be prescribed;

(c)One member from among the registered ECG Technicians, EEC Technicians and EMG Technicians chosen by the Government in such manner as may be prescribed;

(d)One member from among the registered X-ray Technicians chosen by the Government in such manner as may be prescribed;

(e)Three members from among the qualified Medical Practitioners’ Association, Kerala chosen by the Government, in such manner as may be prescribed;

(a) One member from each University chosen by the Government from among the heads of departments of Institutions of the State imparting training for the recognized courses of the Councils;

III Other Members
(1)Three members nominated by Government from among the Non-Governmental Organisations in the field of public health.

6. Qualifications of Members.- Every member of the Council except the ex-officio members and other members shall possess the qualifications for registration as a paramedical technician under this Act.

7. Disqualifications for members:- A person shall not be qualified for being chosen or nominated as, and for being, a member of the Council, if,-

(a) he has not attained the age of majority; or

(b)he is an un-discharged insolvent; or

(c)he is of unsound mind and stands so declared by a competent Court; or

(d)he has been punished by the Council in any manner for infamous conduct in the profession; or

(e)he has been dismissed from service under any Government or any institution; or

(f)his name has been removed from the register maintained under this Act and has not been reinstated or

(g) he has been convicted of any offence involving moral turpitude.

8. Term of office of members.- (1) The term of office of the members of the Council, other than the ex-officio members shall be three years from the date on which the first meeting of such Council is held;

Provided that an outgoing member of the Council shall continue in office until his successor assumes office.

(2)An outgoing member shall be eligible for re-nomination, if otherwise qualified.

9. President and Vice-President.- (1) The Government shall appoint any of the members of the Council to be its President and also another member to be its Vice-President.

(2)The President or the Vice-President, as the case may be, shall be deemed to have vacated his office on his resignation being accepted by the Government or on the expiry of his term of office as a member or on his otherwise ceasing to be a member.

(3) When the office of the President is vacant, the Vice-President shall exercise the powers and functions of the President until a new President assumes office.

(4)When the office of the President is vacant or the President is incapacitated and there is a vacancy in the office of the Vice-President or the Vice-President is incapacitated, the Secretary to Government in charge of Health and Family Welfare Department shall exercise the powers and perform the functions of the President until a new President or Vice-President is appointed and assumes office or the President or Vice-President recovers from their incapacity.

(5) An outgoing President or Vice-President shall be eligible for reappointment for another term if, otherwise qualified.

10. Casual Vacancies.- Any casual vacancy arising in the office of a member of the Council by his death, resignation, removal or disability or otherwise, before the expiry of his term of office, shall be filled up in the manner provided in the Act and the rules made thereunder, within a period not exceeding six months.

(2)Any person chosen or nominated under sub-section (1) shall hold office only for the remaining period of the term of the member in whose vacancy he has been chosen or nominated.

11. Cessation of membership,- A member other than an ex-officio member of the Council shall be deemed to have vacated his office,-

(a) on his resignation;

(b)on his absence, from three consecutive meetings of the council without excuse, sufficient in the opinion of the Council.

(d) on his ceasing to be a member of the Association or category from which he has been chosen or nominated, as the case may be.

12. Resignation of membership ,- A member other than Ex-officio member may at any time resign his office by giving notice in writing to the President and such resignation shall take effect from the date on which it is accepted by the President.

(2) The President or Vice-President may resign his office by giving notice in writing to the Government and such resignation shall take effect from the date on which the Government accept it.

13. Validity of proceedings.- (1) No act done or proceedings taken by the Council shall be invalidated merely on the ground;

a) of any vacancy or defect in the constitution of the Council; or

b)of any defect or irregularity in such act or proceeding not affecting the merits of the case.

14. Meetings of the Council.- The meetings of the Council, the proceedings for the conduct of business, and such other matters shall be as provided by regulations made by the Council in this behalf.

15. Executive Committee.- (1) The Council may constitute an Executive Committee and such other Committees from among its members as may be necessary for performing such purposes in the manner as may be provided by regulations.

(2)The Executive Committee shall consist of the President and Vice-President, who shall be members ex-officio, and five members chosen by the Council from among themselves

(3) The Executive Committee shall exercise and discharge such powers and duties of the Council as may confer or impose upon it by any regulations, which may be made in this behalf.

16. Payment of fees and allowances,- The President, the Vice-President and other members of the Council shall be paid such sitting fees and allowances or traveling allowance for their attendance in connection with the meetings of the Council or of any Committee thereof, as may be prescribed.

17. Secretary, other officers and servants of the council,-(1) The Government may, by notification in the Gazette, appoint a Secretary who shall act as Secretary to the Council and to the Committees appointed under this Act.

(2)Subject to the general superintendence and control by the Council, the Secretary shall be responsible for the performance of the day-to-day affairs of the Council and such other functions as may be assigned to him by the Council, from time to time.

(3)The Secretary shall receive such salary and allowances, as may be fixed by Government from time to time, from the funds of the Council.

(4)The method of appointment and other terms and conditions of service of the Secretary shall be such, as may be prescribed.

Provided that Government may appoint an officer not below the rank of Joint Secretary to Government as first Secretary of the Council.

(5) The council may, with the previous approval of the Government, appoint such other officers and employees, as it may deem necessary, for assisting it in the administration.

(6) The method of appointment, salary and allowances, discipline and other terms and conditions of service of officers and other employees appointed by the Council shall be provided in the regulations.

18. Maintenance of registers.- (1) There shall be maintained separate registers for Medical Laboratory Technicians. Ophthalmic Assistants, ECG Technicians, EEG Technicians / EMG Technicians and X-ray Technicians and such other Para Medical Technicians declared as such by the Government.

(2)The register shall be maintained in such manner (manual and electronic) and in such form and shall contain such particulars as may be prescribed.

(3) The Secretary shall keep the registers in accordance with the provisions of this Act and the rules and regulations framed there under.

(4) The registers shall be deemed to be public document within the meaning of section 74 of the Indian Evidence Act, 1972 (Central Act 1 of 1972).

19. Dissolution of the Council.- (1) If at any time it appears to the Government that the Council has failed to exercise or has exceeded or abused any or the powers conferred on it by or under this Act or has failed to perform any of the duties imposed on it by of under this Act, the Government may, if they consider that such failure, excessive exercise or abuse of power is of a serious character, notify the particulars thereof to the Council and if the Council fails to remedy such defects, excessive exercise or abuse of powers within such time limit as the Government may fix in this behalf, the Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such persons and for such period as they may think fit and thereupon the funds and property of the Council shall vest in the Government for the purposes of this Act, until a new Council is constituted as provided under section 3.

(2) Where the Government have dissolved a Council under sub-section (1) they shall take steps for the constitution of a new Council under section 3 within six months from the date of such dissolution and on the constitution of such Council the property and funds referred to in sub-section (1) shall revest in that Council.

20. Eligibility for registration.- (1) Every para Medical Technician holding appointment under the Government on the date of commencement of this Act, shall be eligible for registration under this Act.

(2) Every person who, within the period of one year from the date of commencement of this Act, or within such other longer period, as may be fixed by the Government, proves that he had been in regular practice as a Para Medical Technician, for a period of not less than two years preceding the date of coming into force of this Act and passes the examination conducted for the purpose by the Council shall be eligible for registration under this Act.

(3) No person shall be eligible for registration under sub-section (1) or sub-section (2), if he is subject to any of the disqualifications under clauses (a) to (f) of section 7.

21. Registration.- (1) Every person qualified for registration under sub-section (1) of section 20 shall apply for registration within three months from the date of commencement of this Act or within such extended time as may be fixed by the Government, by notification in the Gazette.

(2) Every person eligible for registration under sub-section (2) of section 20 shall apply for registration within thirty days from the date on which he became eligible for registration as provided for in the said sub-section.

(3) An application for registration under this Act shall be in the prescribed form and shall be accompanied by such fee as may be prescribed.

(4) Every Para Medical Technician who applies to the Secretary for registration in respect of any additional recognized qualification shall pay a fee, as may be prescribed.

(5) An application for registration shall be addressed to the Secretary and if the Secretary is satisfied that the applicant is entitled to have his name entered on the register, he shall enter thereon the name of the applicant and issue to him a certificate in such form as may be prescribed.

(6) Any person whose application for registration is rejected by the Secretary, may, within three months from the date of such rejection, file an appeal to the Council and the decision of the Council thereon shall be final.

22. Renewal of Registration.- (1) Every registration made under section 20 shall be renewed before 31st March of every year on payment of such fees as may be prescribed.

(2) Where the renewal is not made before the due date, the Secretary shall remove the name of the defaulter from the register:

Provided that a name so removed may be restored to the register on payment of the renewal fee, together with such fine, as may be prescribed.

(3) On payment of the renewal fee and the fine, if any the Secretary shall, in the manner prescribed, issue a Certificate of Registration to the person concerned and where the name of the person has been removed from the register under sub-section (2) he shall re-enter his name in the register.

23. Removal from the Register.- (1) Subject to the provisions of this section, where the Council is satisfied after giving the person concerned a reasonable opportunity of being heard and after making such further enquiry as it may think fit to make, it may order that the name of that person shall be removed from the register if,-

(i) his name has been entered in the register by error, or on account of misrepresentation or suppression of any material fact, or

(ii) he has been convicted of any offence under this Act or has been guilty of the infamous conduct in the profession which, in the opinion of the Council, render him unfit to be on the rolls of the register.

(2) An order under sub-section (1) may direct that any person whose name is ordered to be removed from a register shall be ineligible for registration under this Act either permanently or for such period as may be specified.

(3) A person aggrieved by an order under sub-section (1) may, within thirty days from the date of order appeal to the Principal District Court, Thiruvananthapuram and the decision of the District Court on such appeal shall be final.

(4) A person whose name has been removed from the register under this section shall forthwith surrender his Certificate of Registration to the Secretary.

24. Restoration to the Register.- Not withstanding anything contained in this Act the Council may at any time, for reasons to be recorded in writing, order that the name of a person removed from the register under sub-section (1) of section 23 shall be restored on payment of such fee, as may be prescribed.

CHAPTER III
Recognition of Paramedical Educational and Training Institutions

25. Recognition of Institutions.- (1) Subject to the provisions contained in section 26, no person shall establish a para medical institution or conduct any para medical course for preparing students to obtain any recognized qualification, without the recognition by the Council.

(2) An application for recognition of a para medical institution shall be made to the Secretary of the Council in such form and shall be accompanied by such fee, as may be prescribed.

(3) For the purpose of ascertaining whether recognition may be given or not, the Council shall conduct such enquiry as may be prescribed and shall, by order grant recognition or reject the application for recognition.

(4) The educational and training institutions conforming to the standards fixed by the Council by regulations made under this Act, alone shall be given recognition under this Act.

(5) Notwithstanding anything contained in sub-section (1), all institutions conducting para medical courses as on the date of commencement of this Act shall apply for recognition to the Council within three months from the date of commencement of this Act. If the institution applying for recognition does not conform to the standards fixed by the Council in this regard, temporary recognition may be granted to the institution subject to the condition that the facilities in accordance with the standards fixed by the Council shall be provided within a period of one year from the date of grant of temporary recognition.

(6) If the institution does not provide the facilities in accordance with the standards fixed by the Council, within the period specified therein the temporary recognition granted under sub-section (5) shall be withdrawn forthwith.

26. Withdrawal of recognition.- Where, on the basis of a report of a Committee appointed by the Council in this behalf, it is satisfied that an institution recognized under this Act,-

(a)has failed to comply with conditions of recognition; or

(b)there exists any of the grounds which would have entitled to refuse the application for recognition the Council may by order withdraw such recognition, provided that, before such withdrawal of recognition, the Council shall give an opportunity to the person managing that institution for making his representation.

27. Recognition of qualification.- (1) The Council on representation or otherwise may recognize any Degree, Diploma or Certificate awarded by any University, Board or Institution established under any law for the time being in force to be recognized qualification for the purposes of this Act.

(2) Where a qualification is recognized under sub-section (1), the Government shall, by notification in the gazette, declare the same as equivalent qualification for the purposes of this Act.

28. Inspection of Institutions.- (1) The Council may appoint either on a regular or ad-hoc basis such number of officers as it may deem necessary, to inspect any institution for the purposes of granting recognition under this Act.

(2) The officers referred to in sub-section (1) shall also be empowered to conduct periodical inspections of the recognized institutions to ensure that the required standards are being maintained by them.

(3) The Secretary or any officer authorised by the Council may enter into the premises of any recognized institutions to make any inquiry or inspection which is authorised by the provisions of this Act or of any rule or regulation or order made thereunder.

(4) The Manager and employees of a recognized institution and its employees shall be bound to offer to the officers of the Council such access at all reasonable times, to the premises of such institution and to all documents and materials as may, in the opinion of such officers, be necessary to enable them to discharge their duties under this section.

CHAPTER IV
Finance

29. Fund of the Council.- (1) All fees received, all income such as rent and profits derived from properties and funds vested in the Council, all grants and loans received from the Government, all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the Council and all remittances received in connection with the affairs of the Council, shall form the fund of the Council, which shall be utilized for the purposes, laid down in this Act and in the rules, regulations and orders made thereunder.

(2) The Fund of the Council shall be deposited in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934) or in the Government Treasury as may be decided by the Council.

(3) The custody of the Fund, the payment of moneys therein, the withdrawal of moneys therefrom and all other ancillary matters shall be regulated by such rules as may be prescribed in that behalf.

30. Annual Accounts and Audits.- (1) The annual report and accounts of the Council shall be approved by it and shall be got audited before the end of September of the next year.

(2) The Audit may be done by any Chartered Auditor appointed by the Council from a panel approved by Government and the Council shall bear the cost of the audit.

(3) The accounts of the Council as certified by the auditor together with the audit report there on shall be forwarded annually to the Government.

(4) The Government shall cause the accounts of council together with the audit report thereon forwarded to them under sub-section (3) to be laid annually before the Legislative Assembly.

CHAPTER V

General Provisions
31. Persons not registered under this Act not to practise.- (1) No person other than a person registered under this Act shall practise as a Medical Laboratory Technician, Ophthalmic Assistant, ECG Technician, EEG Technician, EMG Technician, X-ray Technician or such other Technicians declared by the Government as Para Medical Technicians from time to time.

(2) Any person who acts in contravention of this section shall on conviction be punishable,-

(a) in the case of a first offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees; and

(b) in the case of a second or subsequent offence, with imprisonment for a term which may extend to one year, but which shall not be less than three months and with fine which shall not be less than two thousand rupees, but which may extend to five thousand rupees.

32. Offences by Hospitals, Institutions etc.- (1) No dispensary, hospital, infirmary, lying-in-Hospital, sanatorium, operation theatre, nursing home, blood bank, medical laboratory or other similar institution shall employ any person as a Para Medical Technician unless such person is a Para Medical Technician registered under this Act.

(2) Whoever contravenes the provisions of sub-section (1) shall on conviction, be punishable with fine which may extend to five thousand rupees.

33. Prohibition against unauthorized conferment of degree etc.- (1) Save as provided by this Act or the rules made thereunder, no person shall confer, grant or issue or hold himself out as entitled to confer, grant or issue any diploma, certificate or other document stating or implying that the holder, grantee or recipient thereof is qualified to practice as a Para Medical Technicians.

(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punishable with fine which may extend to five thousand rupees and if the person so contravenes is an Association, every member of such Association who knowingly or willfully authorizes or permits the contravention shall, on conviction, be punishable with fine which may extend to three thousand rupees.

34. Penalty for unauthorized use of titles.- (1) No person shall add to his name any title, letters or abbreviations, which imply that he holds a degree or diploma license or certificate as his qualification to practice as a Para Medical Technician, unless,-

(a)he has actually received such degree or diploma or license or certificate, and,

(b)such degree or diploma, license or certificate is recognized by any law for the time being in force in the State, or has been conferred or granted or issued by an authority appointed under this Act.

(2) whoever contravenes the provisions of sub-section (1) shall on conviction be punishable, in the case of first offence, with fine which may extend to one thousand rupees and in the case of a second or subsequent offences, with fine which may extend to two thousand rupees.

35. Power to enter, search and prosecution for offences.- A police officer not below the rank of a Deputy Superintendent of Police having jurisdiction may, on the request of the Secretary or any person authorised by the Council in this behalf, enter and search at any time between sun rise and sun set, any place in which he has reason to believe that an offence under this Act has been or is being committed and may, if he deems proper, arrest any person found in such place whom he has reason to believe to be guilty of the offences under this Act;-

Provided that every person arrested shall be released on bail by the Deputy Superintendent of Police if sufficient security is tendered for his appearance before the Court.

36. Trial of offences.- (1) All offences under this Act shall be cognizable and triable by a Judicial Magistrate of First Class.

(2) Notwithstanding anything contained in sub-section (i) no court shall take cognizance of an offence punishable under this Act except with the previous sanction of the Council or of an officer authorised by the Council in this behalf.

37. Members of Council, Secretary, Officers, etc. to be public Servants.- Every member of the Council, the Secretary, all officers and servants appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1960 (Central Act 45 of 1860).

38. Bar of Jurisdiction of Civil Courts.- No act done or action taken, in exercise of any of the powers conferred by or under this Act, by the Government or the Council or the Executive Committee or the Secretary shall be called in question in any Civil Court.

39. Protection of actions taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Government or the Council or its member or officer or other person in respect of anything which is in good faith done or intended to be done under this Act or the rules issued thereunder.

40. Nomination of the first Council.- (1) Notwithstanding anything contained in this Act, the first Council shall be nominated by the Government for a period of three years from the date of nomination or till the constitution of the Council in accordance with the provisions of this Act, whichever is earlier.

(2) The first Council shall take all steps for the preparation of the register, recognition of the institutions.

41. Composition of offences.- The Council or the Secretary may, compound any offence punishable under this Act before their cognizance by the Court, on payment of a sum which may not be less than the minimum of the fine stipulated for such offence but may extend to the maximum of the fine stipulated for such offence by way of composition of the offence.

Provided that no such compounding shall be permitted in the case of a second or subsequent offence.

42. Power to take evidence on oath etc.- The Council or the Secretary or any officer exercising powers under this Act shall for the purposes of such functioning have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a) Aenforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents.

(d) Issuing commissions for the examination of witnesses;

(e) Such other matters as may be prescribed.

43. Directions by Government.- (1) The Government may, after consultation with the Council, give to the Council general directions to be followed by the Council.

(2) In the exercise of its powers and performance of its duties under this Act, the Council shall not depart from any general directions issued under sub-section (1), except with the previous permission of the Government.

44. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions, which appear to them to be necessary or expedient for the purpose of removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.

45. Power to make rules.- (1) The Government may by notification in the Gazette, make rules either prospectively or retrospectively to carry out all or any of the purposes of this Act, not inconsistent with any of the provisions contained therein.

(2) In particular and without prejudice to the generality of the foregoing power, Government may make rules providing for,-

(a) the fees and other allowances payable to the President, Vice-President and other members of the Council under Section 16;

(b)the method of appointment, qualifications, salary allowances and other conditions of service of the Secretary.

(c)the form of the registers and the particulars to be entered therein under section 18.

(d)the forms of applications and the fees to be paid under section 21.

(e)the form of the certificate to be issued under sub-section (5) of section 21 and the particulars which it shall contain;

(f)the payment of renewal fee and fine under section 22;

(g)the fee to be levied under section 24;

(h)the custody of the fund of the Council and of the ancillary matters under section 29;

(i)prescribe any other matter under clause (e) of section 42;

(j)any other matter which has to be or may be prescribed by rules made under this Act;

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule, or decides that the rule shall not be made, the rule shall there after have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or amendment shall be without prejudice to the validity of anything previously done under this Act.

46. Power to make regulations.- (1) The Council may, with the previous approval of the Government, make regulations, not inconsistent with this Act or the rules made thereunder, for all or any of the following matters namely:-

(a)the time and place at which the Council and the executive committee shall hold its meeting and the manner in which such meeting shall be convened and held;

(b) the courses and period of study and of practical training to be undertaken, the subjects of examination and standards of recognized qualifications;

(c) the recognition of any Institution for the purpose of such training and the granting of Degree, Diploma etc. to candidates passing the examinations;

(d)minimum criteria to be fulfilled for admission to these courses and the procedure to be followed in the selection of candidates;

(e) the standards of staff, equipment, accommodation, training and other facilities for education in the Institution;

(f)the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;

(g)the standards of professional conduct and etiquette and code of ethics to be observed by Para Medical Technicians;

(h)the procedure and conditions for recognition of qualifications.

(2) All regulations made under this section shall be published in the Gazette.

(3) The Council may, with the previous approval of the Government by notification in the Gazette, at any time, modify, amend or cancel any such Regulations.

STATEMENT OF OBJECTS AND REASONS
Modern Medical care cannot be undertaken without the help of the allied health professionals like the Medical Laboratory Technicians, ECG Technicians, EEC Technicians, EMG Technicians, Ophthalmic Assistants, X-ray Technicians etc. Paramedical Technicians Services thus have a vital role in the health care system. Though they form a vital link in the hospital service there is no law or machinery to lay down standards and enforce them and also there is no control by any professional body over the Laboratory and diagnostic services in the state. In order to evolve uniform standards in the practice of these paramedical Technicians’ professions it is absolutely essential that only persons who have attained a minimum standard of professional education are permitted to practice such professions. Therefore, Government have decided to establish a Paramedical Technicians Course and to enable the Council to recognize the minimum standards of education and approve courses of study and examination for paramedical technicians, to recognize the institutions for the conduct of such courses and also, for the maintenance of a Registry of qualified paramedical technicians in the State.

2. Bill seeks to achieve the above objects.

FINANCIAL MEMORANDUM.

The intention of this legislation is mainly to constitute a Para Medical Technicians’ Council in the State. Clause 17 of the Bill provides that the Council has a Secretary and other officers and servants of the Council for the administration of the Council. The expenditure for the proper functioning of the Council and the payment of salaries to its staff will have to be met from the income of the council such as fees, rent etc. received by the Council. However, for its formation and initial functioning provision will have to be made for hiring office accommodation, stationery, other office expenses etc. An expenditure of Rs.25 lakhs is estimated for this matter. This amount will have to be given by the Government by way of grant or loan to be reimbursed to the Government in future.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

1. Sub-Clause (3) of clause 1 of the Bill seeks to empower the Government to bring the Act into force on such date as the Government may by notification in the Gazette appoint.

2. Sub-clause (1) of clause 3 of the Bill seeks to empower the Government to establish by notification in the Gazette a Council to be called the Kerala Para Medical Council;

3. Clause 5 of the Bill seeks to empower the Government to prescribe the manner of choosing professional members.

4. Sub-clause (1) of clause 14 of the Bill envisages the making of regulations by the Council for fixing the time and place of the meetings of the Council.

5. Clause 16 of the Bill seeks to empower the Government to make rules to prescribe the sitting fees and allowances payable to the members of the Council in connection with the meeting of Council.

6. Sub-clause (1) of clause 17 seeks to empower the Government, to appoint, by notification in the Gazette, a Secretary to the Council.

7. Sub-clause (4) of clause 17 seeks to empower the Government frame rules fixing the condition of service of the secretary.

8. Sub-clause (6) of clause 16 seeks to empower the Government to make rules to prescribe the method of appointment, salary, allowances and other terms and conditions of service of the officers and employees of the Council.

9. Sub-clause (2) of clause 18 seeks to empower the Government to make rules to prescribe the form of registers and the particulars, which may be entered in the Register.

10.Clause 19 of the Bill seeks to empower the Government to dissolve the Council.

11. Clause 21 of the Bill seeks to empower the Government to prescribe the form of certificate, application and the fees payable.

12. Clause 22 of the Bill seeks to empower the Government to prescribe the renewal fee and fine.

13. Clause 24 of the Bill seeks to empower the Government to make rules to prescribe the fee for restoration of registration.

14. Clause 26 of the Bill seeks to empower the Government to prescribe the procedure for filing an appeal.

15. Clause 30 of the Bill seeks to empower the Government to prescribe the custody of the fund of the Council and other ancillary matters.

16. Clause 41 of the Bill seeks to empower the Government by notification to nominate the first Council.

17. Clause 45 of the Bill seeks to empower the Government to issue order for removing difficulty in giving effect the provisional of this Act.

18. Clause 46 of the Bill seeks to empower the Government to make rules either prospectively or retrospectively to carry out the purposes of the Act.

19. Clause 47 of the Bill seeks to empower the Council to make regulations with the previous approval of the Government and to modify, amend or cancel such regulations.

The matter to be prescribed or the orders or notifications to be issued are matters of procedure and details and are of routine and administrative in nature. Further the rules are subject to the scrutiny of the Legislative Assembly after issue. The delegation of legislative power is, therefore, of a normal character.