(a) to fix the criteria for the establishment of para medical institutions;
(b) to recognize para medical institutions;
(c) to grant temporary recognition to any institution established before the commencement of this Act;
(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 section 22;
(g) restoration of the names removed from the register under section 23;
(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:
Provided that the fee leviable for recognition of institutions and registration of individuals shall be such amount to meet the expenses of the Board and it shall not be a source of undue profit to the Board;
(m) maintenance of the fund of the Board; and
(n) to formulate uniform syllabi, course content, curricula and method of examinations for both theory, practical and internal examinations, maintenance of records, its check up etc., all the para medical courses through out the State with the approval of the Para medical Board;
(o) to fix the educational qualifications to teaching staff for all Diploma / Certificate Courses;
(p) to conduct common examinations for both theory and practical for all the para medical courses in the State except those conducted by other statutory authorities;
(q) to award diplomas, certificates and other Academic distinctions under a common seal;
(r) to fix and collect the fees for theory and practical examinations;
(s) to review periodically the para medical courses, the syllabi, educational standards for admissions and to take appropriate follow up measures including recommendations for dispensing of outdated courses, updating of courses or introduction of new courses with reference to emerging areas of manpower requirements;
(t) to prescribe such standards, facilities, syllabi, entry criteria etc., as may be deemed necessary to maintain proper standards in the para medical courses;
(u) to fix the examination centres in the State;
(v) to take disciplinary action against the staff of the Board indulging in malpractices in the form of leakage of question papers, alteration of marks or any other such irregularities in connection with conduct of examinations;
(w) to derecognise an institution if the institution found indulging in malpractices with reference to the process of the examination including the internal assessment marks, irregularities in attendance etc.,
(x) do such other acts and things, as may be notified.
18. Power to make Bye-laws - (1) The Board shall be competent to make Byelaws from time to time in consistence with the aims and objectives of the Board pertaining to examination system.
(2) The Bye-laws so made shall provide any person passing the para medical examination and holding a certificate granted by the Board shall be eligible for Government and Private sector employment,-
(i) to set educational standards of the staff, equipment, accommodation, training and other facilities in any para medical institution.
(ii) any other matter which is to be or may be provided under this Act and in respect of which is not provided under this Act and in respect of which no rules have been made.
(3) It shall be competent for the Para Medical Board to cancel the permission or recognition given to institutions if on enquiry found that the Para Medical Institute is not functioning properly and unbecoming of an organization in conduct of that Institute in imparting proper education in para medical courses. Such institution has got a right of appeal to the Government within thirty days from the date of communicating the orders derecognising Institute and the decision of the Government is final.
CHAPTER - V Registration of Para Medical Technicians
19. 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 notified by the Government, proves that he had been in regular practice as a Para Medical Technician / Professional 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 Board 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 subsections (1) to (6) of section 5.
20. Registration - (1) Every person qualified for registration under sub-section
(1) of section 19 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 subsection (2) of section 19 shall apply for registration within three months 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 Board and the decision of the Board thereon shall be final.
21. Renewal of Registration - (1) Every registration made under section 20 shall be valid for five years and will have to be renewed before the end of the fifth year.
(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.
22. Removal from the Register - (1) Subject to the provisions of this section, where the Board 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,-
(a) his name has been entered in the register by error, or on account of misrepresentation or suppression of any material fact, or
(b) 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 Board, render him unfit to be on the rolls of the register.
(c) it has been established that the certificate, Diploma has been obtained through a fraudulent method or false certificate.
(2) an order under sub-section (1) may direct that any person whose name is ordered to be removed from 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 subsection (1) may, within thirty days from the date of order appeal to the Government and the decision of the Government 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.
23. Restoration to the Register - The Board 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 22 shall be restored on payment of such fee, as may be prescribed.
CHAPTER - VI RECOGNITION OF PARAMEDICAL EDUCATIONAL AND TRAINING INSTITUTIONS
24. Recognition of Institutions - (1) Subject to the provisions contained in section 24, no person shall establish a para medical institution or conduct any paramedical course for preparing students to acquire any recognized qualification, without the prior recognition by the Board.
(2) A person may apply for the recognition of a para medical institution shall be made to the Secretary of the Board in such form and shall be accompanied by such fee, as may be prescribed.
(3) On receipt of the application made under subsection (2), the Secretary to the Board shall conduct such enquiry in such manner as may be prescribed and shall, by order grant recognition or reject the application for recognition in such manner as may be prescribed.
(4) The educational and training institutions conforming to the standards fixed by the Board by regulations made under this Act, alone shall be given recognition under this Act.
(5) Notwithstanding anything contained in subsection (1), all institutions conducting para medical courses as on the date of commencement of this Act shall apply for recognition to the Board 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 Board 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 Board 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 Board, within the period specified therein the temporary recognition granted under sub-section(5) shall be withdrawn forthwith.
25. Withdrawal of recognition - Where, on the basis of a report of a Committee appointed by the Board 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 Board may by order withdraw such recognition, provided that, before such withdrawal of recognition, the Board shall give an opportunity to the person managing that institution for making his representation.
26. Recognition of qualification - (1) The Board 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 subsection (1), the Government shall, by notification in the gazette, declare the same as equivalent qualification for the purposes of this Act.
27. Inspection of institutions - (1) The Board may appoint either on 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 Board may enter into the premises of any recognized institutions to make any inquiry or inspection which is authorized 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 Board 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 - VII FINANCE
28. Fund of the Board - (1) All fees received, all income such as rent and profits derived from properties and funds vested in the Board, all grants and loans received if any from the Government, all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the Board and all remittances received in connection with the affairs of the Board, shall form the fund of the Board, which shall be utilised for the purposes, laid down in this Act and in the rules, regulations and orders made there under.
(2) The Fund of the Board 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 Board.
(3) The custody of the Fund, the payment of moneys therein, the withdrawal of moneys there from and all other ancillary matters shall be regulated by such rules as may be prescribed in that behalf.
29. Annual Accounts and Audits - (1) The annual report and accounts of the Board shall be approved by it and shall be got audited before the end of September of the next year :
Provided that the accounts of receipts and expenses of the fee levied and collected shall be duly certified by the Board in the annual report.
(2) The Audit may be done by any Chartered Auditor appointed by the Board from a panel approved by Government and the Board shall bear the cost of the audit.
(3) The accounts of the Board 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 Board together with the audit report thereon forwarded to them under sub-section (3) to be laid annually before the Legislative Assembly.
CHAPTER - VIII GENERAL PROVISIONS
30. Persons not registered under this Act not to practice - (1) No person other than a person registered under this Act shall practice as a Medical Laboratory Technician, Ophthalmic Assistant, E.C.G Technician, E.E.G Technician, E.M.G Technician, Radiographic 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.