Section 3 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under this Act.
- (2)The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.
- (3)The Commission shall consist of the following, namely:—
- (a)a person having an outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be appointed by the Central Government-Chairperson;
- (b)a person having an outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University with experience of not less than twenty years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions—Vice-Chairperson;
- (c)the following persons shall be the ex officio Members of the Commission, namely:—
- (i)Joint Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice-ex officio Member;
- (ii)Joint Secretary to the Government of India in the Department of Health and Family Welfare, Ministry of Health and Family Welfare-ex officio Member;
- (iii)Joint Secretary to the Government of India in the Department of Higher Education-ex officio Member;
- (iv)Joint Secretary to the Government of India in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment-ex officio Member;
- (v)Joint Secretary to the Government of India in the Ministry of Skill Development and Entrepreneurship-ex officio Member;
- (vi)one person representing the Directorate General of Health Services not below the rank of Deputy Director General-ex officio Member;
- (vii)one person representing the Indian Council of Medical Research not below the rank of Deputy Director General-ex officio Member;
- (viii)one person representing out of the following, on biennial rotation basis, not below the rank of Deputy Secretary to the Government of India-ex officio Member—
- (a)Atomic Energy Regulatory Board;
- (b)National Medical Commission; and
- (c)Rehabilitation Council of India;
- (ix)three persons not below the rank of Deputy Director or Medical Superintendent representing the following, on biennial rotation basis, to be nominated by the Central Government-ex officio Members,—
- (a)All India Institute of Medical Sciences, New Delhi;
- (b)All India Institute of Physical Medicine and Rehabilitation, Mumbai;
- (c)Jawaharlal Institute of Postgraduate Medical Education and Research, Puducherry;
- (d)North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong;
- (e)Pt. Deendayal Upadhyaya National Institute for Persons with Physical Disabilities, Delhi;
- (f)National Institute of Mental Health and Neuro-Sciences, Bengaluru;
- (g)National Institute of Nutrition, Hyderabad;
- (h)National Institute of Rehabilitation Training and Research, Cuttack;
- (i)National Institute of Orthopedically Handicapped, Kolkata;
- (j)All India Institute of Speech and Hearing, Mysore, Karnataka;
- (k)Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, Kerala; and
- (l)Tata Memorial Hospital, Mumbai; (d) the following persons shall be the Part-time Members of the Commission, namely:—
- (i)two persons from each of the six zones representing the State Councils on biennial rotation in the alphabetical order as per the zonal distribution having such qualifications and experience as may be prescribed by the Central Government to be nominated by the concerned State Government;
- (ii)The President of the Professional Council and one person representing each of the Professional Councils to be selected in such a manner as may be prescribed by the Central Government on biennial rotation of professions by a committee comprising of Chairperson, Vice-Chairperson and the ex officio Member under sub-clause (ii) of clause (c); and
- (iii)two persons, representing charitable institutions engaged in education or services in connection with any recognised category, having such qualifications and experience as may be prescribed by the Central Government, to be nominated by the Central Government. 4.Term of office and conditions of service of Members.—(1) The Chairperson, Vice-Chairperson of the Commission and the Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall hold office for a term not exceeding two years from the date on which they enter upon their office and shall be eligible for re-nomination for a maximum period of two terms.
- (2)The salaries and allowances payable to, and other conditions of service of, the Chairperson and Vice-Chairperson of the Commission shall be such as may be prescribed by the Central Government.
- (3)The Part-time Member nominated under sub-clauses (i), (ii) and (iii) of clause (d) of sub-section (3) of section 3 shall receive such travelling and other allowances as may be prescribed by the Central Government.
Summary
(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted a Commission to be called the National Commission for Allied and Healthcare Profession for exercising such powers and discharging such duties as may be laid down under.
Practical examples
FAQ
1. Can the Commission own property under Section 3 of The National Commission for Allied and Healthcare Professions Act, 2021?
Yes, Section 3(2) states the Commission is a body corporate with the power to acquire, hold, and dispose of both movable and immovable property.
Test yourself
Q1.Under Section 3 of The National Commission for Allied and Healthcare Professions Act, 2021, what is the minimum leadership experience required for the Chairperson?
Q2.According to Section 3 of The National Commission for Allied and Healthcare Professions Act, 2021, the Commission has "perpetual succession," which means:
Q3.Under Section 3 of the 2021 Act, who nominates the Part-time Members representing the six zones?