(1) This Act may be called the West Bengal Allied-Medical and Para-Medical Council Act, 2015.
(2)It extends to the whole of the State of West Bengal.
(3)Nothing in this Act applies to—
(a) the practice of any recognized system of medicine by a person, who is registered under the Bengal Medical Act,1914; the Indian Medical Council Act, 1956; the West Bengal Homoeopathic System of Medicine Act,1963;
the West Bengal Yoga and Naturopathic System of Medicine Act, 2010 or the Paschim Banga Unani System of Medicine Act, 1979 or Act of similar kind;
(b) the practice of dentistry or dental surgery by a person, who is registered under the Dentists Act, 1948 or Act of similar kind;
(c) the practice of nursing or midwifery by a person, who is registered under the Bengal Nurses Act, 1934 or Act of similar kind;
(d) the practice of pharmacy by a person, who is registered under the Pharmacy Act, 1948 or Act of similar kind; and
(e) the practice of Acupuncture therapy by a person, who is registered under the West Bengal Acupuncture System of Therapy Act, 1996 or Act of similar kind.
(4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. In this Act, unless the context otherwise requires,—
(a) "Academic Sub-Committee" means such Sub- Committee constituted under sub-section (2) of section 32;
(b) "Aided Institution" means an Institution or College including University, run or managed by any trust, society or association of persons or organization, receiving financial aid or grant-in-aid from the State Government or the Central Government;
(c) "Allied-Medical professional" means any person having adequate professional qualification, who can practide his profession to assist a registered Medical practitioner in practice, or teaching or research of medicine and who can also administer appropriate non-pharmacological therapy and shall include professionals like physiotherapists, occupational therapists, clinical psychologists, Nutritionists etc. or those educated in such disciplines as mentioned in part A of Schedule II but shall not include Pharmacists, Nurses or Para-Medical professionals;
Ben. Act VI of
1914.
102 of 1956.
West Ben. Act XXXIII of 1963.
West Ben. Act VI of 2010.
West Ben. Act XLV of 1979.
XVI of 1948.
Ben. Act X of
1934.
VIII of 1948.
West Ben. Act VIII of 1996.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 3 The West Bengal Allied-Medical and Para-Medical Council Act, 2015.
(Chapter I.—Preliminary.—Section 2.)
(d) "Allied or Para-Medical Practitioner" means a person, whose name has been entered in the registers of the Allied-Medical and Para-Medical Council;
(e) "Council" means a common West Bengal Council of Medical Laboratory Technology or Radiology Technology or Physiotherapy or Occupational Therapy or any such Allied-Medical and Para-Medical Professionals as the case may be, constituted under section 3 having sets of separate registers for different Allied-Medical or Para-Medical discipline each having a distinct identity of its own;
(0 "Department" means Department of Health and Family Welfare, State Government of West Bengal;
(g) "Executive Committee" means the Executive Committee of the Council;
(h) "Education" means programmes of education, research or training or such other areas of programmes as the State Government may, in consultation with the Council by notification, declare in such Allied-Medical and Para- Medical disciplines each having a distinct identity of its own as mentioned in Schedule II;
(i) "Fund" means the fund of the Council established under section 66;
(j) "State Government" means the State Government of West Bengal in the Department of Health and Family Welfare;
(k) "Institution" means a professional educational college or an Institution including Board or University, by whatever name called, established by law for imparting education under this Act, which may lead to award of any degree, diploma or license in Allied-Medical or Para-Medical discipline;
(1) "Medical laboratory" means a laboratory for diagnostic, therapeutic and research purpose being manned by qualified technical personnel under the supervision of a Medical professional or any such competent person;
(m) "Member" means a member of the Allied-Medical and Para-Medical Council and includes its President and Vice-President;
(n) "Non-pharmacological therapy" means and includes any recognized form of therapy like physiotherapy, occupational therapy, counseling, dietary advice, etc. but shall not include therapies, which can only be administered by a registered Medical practitioner, like acupuncture, radiotherapy etc.;
(o) "notification" means a notification published in the Official Gazette;
(p) "Para-Medical professional" means any person having adequate professional qualification, who can practice his profession to assist a registered Medical practitioner in practice, or teaching or research of medicine but who cannot administer any pharmacological or nonpharmacological therapy and shall include professionals, like Medical Technician or Technologists (laboratory medicine), Medical Technician or Technologists(Optometry), etc., educated in such disciplines as mentioned in part B of Schedule II but shall not include Pharmacists, Nurses, or Allied-Medical professionals;
(q) "Prescribed" means prescribed by rules made under this Act;
(r) "Professional courses" means the courses conducted in any of the discipline mentioned in the schedule of disciplines and such other courses as the State Government may, by notification in the Official Gazette, declare;
4 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 [PART III The West Bengal Allied-Medical and Para-Medical Council Act, 2015.
(Chapter IL—The Council.—Sections 3, 4.)
(s) "register" means the register maintained under sub-section (1) of section 50;
(t) "Registrar" means Registrar of the Council as appointed under sub-section
(1) of section 27;
(u) "Registration and Disciplinary Sub-Committee" means such committee constituted under section 25;
(v) "Regulations" means regulations made under this Act;
(w) "State Medical Faculty" means 'the State Medical Faculty of West Bengal' established under Bengal Govt. Resolution No. 2545 Medl. Dated 1 Ph August, 1914;
(x) "Schedule of Discipline" means a Schedule appended to this Act;
(y) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an Institution declared to be a deemed University under section 3 of the said Act.
3 of 1956.
CHAPTER II The Council Establishment and incorporation of the Council.
Composition of Council.