(1) The Authority may with the previous approval of the State Government and subject to the provisions of the Act and the rules made under section 22 make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of the forgoing powers, such regulations may provide for;- ( a) the conduct of businesses of the Authority and the procedure to be followed for such conduct of businesses;
(b) the mode of appointment• of committees, the summoning and holding of meetings and the conduct of business ?f such commi1;tees;
( c) the code of ethics for regulating the professional conduct of Rural Health Practitioners;
(d)' the manner of admission to the Medical Institute in the State;
( e) the manner in which the · examinations for the course in the Medical Institute are to be conducted;
( f) any other matter for which under this Act or the rules made thereunder provision is required to be made by regulations. ·
(2) The State Government on receiving the regulations, may approve the~ subject to such modifications. aS it may thinki fit or return them to the Authority for ~nsideration.
1188 THE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 18, 2004
(3) The State Government may, by order require the Authority to amend, alter, resind or modify the regulations in the manner as it may direct, and the Authority on receipt of such an order shall amend, alter, resind or modify the regulations accordingly.
CHAPTER-IX POWERS AND FUNCTIONS OF RURAL HEALTH PRACTIONERS Powers and Functions.
24. The Rural Health Practitioners shall be eligible to practise Medicine and Rural Health Care subject to the following conditions,namely,·
(a) they shall treat only those diseases and carry out those procedures which shall be outlined in the rules;
(b) they shall prescribe only those drugs, which shall be outlined in rules;
( c) they shall not carry out any surgical procedure, invasion, investigation or treatment, ·Medical Tennination or Pregnancy etc., but shall confine themselves to such medicinal treatment and perform such minor surgery as may be prescribed.
(d) they shall practise only in rural areas as defined in the Act;
( e) they may issue illness certificates and death certificates.
( f) they shall maintain name, address, age, sex, diagnosis and treatment records of all patients treated by them; and
(g) they shall not be eligible for employment in Hospitals, Nursing Homes and Health establishments located in urban are·as as General Duty Physicians involved in patient care in OPD, Emergency and Indoor Services.
!
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1189 Penalty for dishonest use of certificate.
Cognironce of offences.
Information to be furnished by the Authority
CHAPTER-X MISCELLANEOUS
25. Any person who,-
(a) dishonestly makes use of . any certificate of registration granted to him; or
(b) procures or attempts to procure registration under the provisions of this. Act by making .or producing or causing to be made or produced any false or fraudulent declaratio14 certificate or representation whether in writing or otherwise; or ( c) willfully makes or causes to be made by false representation in any matter relating to the certificate or registration issued under provisions of this Act;
sha11 on conviction, be punishable, with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.
26. (I) No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Secretary or any other officer authorized by the Authority in this behalf by general or special order of the Authority.
(2) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act.
27. The Authority shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the State · Government as the State Government may require.
1190 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 r enalties for not following section 27 of this Act.
Control by the State Government.
28. Any. registered Rural Health Practitioners who does not strictly follow the corufitions laid down under section 24 of the Act shall be liable to be- ( a) prosecuted under the provisions of this Act and on conviction may be imprisoned for 6 months or fined with rupees five thousand or both; and
(b) bis name shall be removed from the State Register of Rural Health Practioners.
29. If at any time it appears to the State Government that the Authority has failed to exercise, or has exceeded or abused any powers conferred upon it by or under this Act, or has failed to perform any of the duties entrusted or vested upon it by or tmder this Act, the State Government may, if it considers such failure, excess or abuse, to be of a serious nature, notify the particulars thereof to the Authority, requiring it to remedy such failure, excess or abuse within the period specified in the notice, and if the authority fails to remedy such failure, excess or abuse within the period specified in the notice, the State • ffiE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1191 _,,~ Government may dissolve the Authority and cause all or any of the powers and duties of the Authority to be exercised by such person and for such period not exceeding two years WJ it may think fit, and shall take steps to being into existence a new Authority.
M. K. DEKA, Commissioner & Secretary to the Govt. of Assam, Legislative Department, Dispur .
GU WA HAT!- Printed & Published by the Dy. Director (P&S) , Directorate of Ptg. & Sty., sAssam, Guwahati-21, (Ex-Gazette) No. 3 73-500-600-18-9-2004 .