Section 20 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)The Central Government shall, as soon as may be but within sixty days from the date on which this Act receives the assent of the President, constitute an Interim Commission, for three years or until a regular Commission is constituted under section 3, whichever is earlier.
- (2)The Interim Commission constituted under sub-section (1) shall consist of the following, namely:—
- (a)Additional Secretary to the Government of India in the Ministry of Health and Family Welfare-Chairperson;
- (b)Joint Secretary to the Government of India in the Ministry of Health and Family Welfare-member;
- (c)Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice-member;
- (d)Joint Secretary to the Government of India in the Department of Higher Education-member;
- (e)Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment-member;
- (f)Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship-member;
- (g)One representative of the Directorate General of Health Services not below the rank of Deputy Director General-member;
- (h)One representative of the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019 (30 of 2019) not below the rank of Deputy Secretary to the Government of India-member;
- (i)One representative of the Rehabilitation Council of India not below the rank of Deputy Secretary to the Government of India--member;
- (j)One representative of the Atomic Energy Regulatory Board not below the rank of Deputy Secretary to the Government of India-member;
- (k)two persons representing each of the recognised categories having such qualifications and experiences as may be prescribed by the Central Government-member: Provided that the Interim Commission may engage experts from unrepresented professions specified in the Schedule as necessary.
- (3)The Interim Commission shall discharge the functions assigned to the Commission under this Act and shall follow its own procedures in discharging its duties.
- (4)The Central Government shall appoint a Secretary to the Interim Commission.
Summary
- The Central Government must create an Interim Commission within sixty days of the President approving the Act.
- This Interim Commission functions for up to three years, or until a permanent regular Commission is constituted under Section 3, whichever happens first.
- The Interim Commission has the authority to perform all the duties and functions assigned to the regular Commission by the Act.
- The Interim Commission can decide its own procedures for carrying out its work.
- It consists of several high-ranking government officials from ministries like Health, Law, and Education, along with representatives from various national councils and recognized categories.
- The Central Government is responsible for appointing a Secretary to help run the Interim Commission.
Practical examples
FAQ
1. Why do we need an Interim Commission at all?
It ensures that the critical work of regulating allied healthcare professions starts immediately within sixty days, while the government takes the time needed to carefully select the members of the permanent Commission.
2. How long can the Interim Commission stay in power?
It can operate for a maximum of three years. However, if the regular Commission is formed before three years are up, the Interim Commission's term ends early.
3. Can the Interim Commission hire experts outside of its official members?
Yes, it is allowed to engage experts from unrepresented professions listed in the Schedule if it needs their specific knowledge.
4. Who serves as the Chairperson of the Interim Commission?
The Additional Secretary to the Government of India in the Ministry of Health and Family Welfare serves as the Chairperson.
Test yourself
Q1.Under Section 20 of The National Commission for Allied and Healthcare Professions Act, 2021, what is the maximum duration the Interim Commission can exist if a regular Commission has not yet been formed?
Q2.Under Section 20 of The National Commission for Allied and Healthcare Professions Act, 2021, read together with Section 3, what happens to the Interim Commission if the regular Commission detailed in Section 3 is successfully constituted after just two years?
Q3.Under Section 20 of The National Commission for Allied and Healthcare Professions Act, 2021, what is the deadline for the Central Government to constitute the Interim Commission?
Q4.Under Section 20 of The National Commission for Allied and Healthcare Professions Act, 2021, who is responsible for appointing the Secretary to the Interim Commission?