Section 43 of The National Commission for Allied and Healthcare Professions Act, 2021
- (1)On receipt of a report from the State Council, if the Commission is of the opinion that—
- (a)the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by a University or any allied and healthcare institution do not conform to the standards specified by the Commission for the respective courses, as the case may be; or
- (b)the standards and norms for infrastructure, faculty and quality of education in allied and healthcare institution as determined by the Commission for the respective courses, as the case may be, are not adhered to by any University or allied and healthcare institution, and such University or allied and healthcare institution has failed to take necessary corrective action to maintain specified minimum standards, it may initiate action in accordance with the provisions of sub-section (2).
- (2)After considering such representations, and on such enquiry as it may deem fit, the Commission may, within a period of ninety days from the date of receipt from the State Council under sub-section (1), by order, withdraw the recognition granted to the allied and healthcare institution: Provided that before any order passed, the Commission shall afford, the allied and healthcare institution and the State Government within whose jurisdiction the allied and healthcare institution is situated an opportunity of being heard: Provided further that the Commission shall, before taking any action for withdrawal of recognition granted to the allied and healthcare professionals qualification awarded by a University or allied and healthcare institution, impose fine in consultation with the concerned State Council.
- (3)The Commission may, after making such further inquiry, if any, as it may think fit, by notification, direct that,—
- (a)any allied and healthcare qualification shall be a recognised qualification under this Act only when granted before a specified date; or
- (b)any allied and healthcare qualification if granted to students of a specified allied and healthcare institution shall be the recognised qualification only when granted before a specified date; or
- (c)any qualification shall be the recognised qualification in relation to a specified allied and healthcare institution only when granted after a specified date.
Summary
- The Commission can act if a State Council reports that a healthcare institution fails to meet education standards or lacks proper infrastructure.
- The Commission has ninety days from receiving the report to withdraw the institution's recognition.
- Before withdrawing recognition, the Commission must give the institution and the local State Government a fair chance to be heard.
- The Commission must also impose a fine on the institution in consultation with the State Council before pulling its recognition.
- If recognition is withdrawn, degrees granted by that institution might only be valid if they were awarded before a specific date chosen by the Commission.
Practical examples
FAQ
1. Who has the final power to withdraw an institution's recognition?
The Commission has the final power, based on a report from the State Council.
2. Does a college get a chance to defend itself before losing recognition?
Yes, the Commission must give the institution a reasonable opportunity of being heard.
3. What happens to students who already graduated if a college loses recognition?
The Commission can direct that qualifications granted before a specified date remain recognized.
Test yourself
Q1.Under Section 43 of The National Commission for Allied and Healthcare Professions Act, 2021, what is the time limit for the Commission to withdraw recognition after receiving a report?
Q2.Under Section 43 of The National Commission for Allied and Healthcare Professions Act, 2021, who must the Commission consult before imposing a fine on an institution?
Q3.Under Section 43 of The National Commission for Allied and Healthcare Professions Act, 2021, which two parties must be afforded an opportunity of being heard before recognition is withdrawn?
Q4.Under Section 43 and Section 44 of The National Commission for Allied and Healthcare Professions Act, 2021, if an institution fails to maintain essential standards, what is the proper sequence of actions?