Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)Subject to the provisions of this Act, any corresponding qualification granted by the institutions outside India shall be the recognised allied and healthcare qualifications as may be specified by regulations.
- (2)A citizen of India who holds the corresponding qualifications under sub-section (1) shall be entitled for registration under this Act in such manner as may be specified by regulations.
- (3)The Central Government may, after consultation with the Commission, by notification, direct that the corresponding qualifications under sub-section (1) in respect of which a scheme of reciprocity is not in force shall be recognised for the purposes of this Act or shall be so only when granted after a specified date: Provided that the foreign nationals possessing such qualification—
- (a)shall be permitted only if such persons are enrolled as allied and healthcare professionals in accordance with the law regulating the registration of allied and healthcare professionals for the time being in force in that country; and
- (b)shall be limited to the period specified in this behalf by the Central Government by general or special order.
- (4)In respect of any such qualifications the corresponding qualifications under sub-section (1), the Central Government may, after consultation with the Commission, by notification, direct that it shall be recognised allied and healthcare qualification only when granted before a specified date.
- (5)The Commission may enter into negotiations with an authority in any country outside India, which by the law of such country is entrusted with the recognition of corresponding qualifications, for the setting up of a scheme of reciprocity for the recognition of allied and healthcare qualification, and in pursuance of any such scheme, the corresponding qualification which the Commission has decided to grant should be recognised by notification by the Central Government.
Summary
- Qualifications granted by institutions outside India can be recognized in India based on specific regulations.
- Indian citizens holding these recognized foreign qualifications are entitled to register in India.
- The Central Government can recognize foreign degrees from countries even if there is no mutual agreement in place, but foreigners are only allowed to practice for a limited period and must be enrolled as professionals in their home country.
- The Central Government can limit the recognition of a foreign qualification to only those granted before a specified date.
- The National Commission has the power to negotiate reciprocity schemes (mutual recognition agreements) with foreign authorities.
Practical examples
FAQ
1. Can an Indian citizen with a foreign degree work in India?
Yes, if the foreign qualification is recognized under the Act's regulations, they are entitled to register.
2. Can a foreign national practice their profession in India?
Yes, but only for a limited period, and they must be legally registered to practice in their own home country.
3. Who is in charge of negotiating mutual recognition agreements with other countries?
The National Commission is responsible for negotiating with foreign authorities.
4. Can the government stop recognizing a specific foreign degree?
Yes, the government can order that a foreign qualification is only recognized if it was granted before a certain date.
Test yourself
Q1.Under Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021, what condition applies to foreign nationals wanting to practice in India based on a qualification from a country without a reciprocity scheme?
Q2.Under Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021, who is authorized to enter into negotiations with foreign countries to set up mutual recognition (reciprocity) schemes?
Q3.Under Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021, what right is granted to an Indian citizen who holds a recognized corresponding qualification from outside India?
Q4.Under Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021, how can the Central Government limit the recognition of a foreign qualification?
Q5.Section 39 of The National Commission for Allied and Healthcare Professions Act, 2021 mentions that the Central Government can recognize certain foreign qualifications. Which body must the Central Government consult before making this notification?