OFFENCES AND PENALTIESCentral

Section 60 of The National Commission for Allied and Healthcare Professions Act, 2021

(1)No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be.
(2)No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Summary

(1) No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government, the State Government, the Commission, or the State Council, as the case may be.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of.

Practical examples

1A local inspector finds an individual practicing as a physiotherapist without a valid license. To start a criminal trial, the inspector must report this to the State Council, which then files a formal written complaint in court, as the law requires the Council's involvement for the court to act.

2An angry patient tries to sue an unlicensed technician in a small neighborhood court. The judge dismisses the case because, under the national health law, only a high level magistrate, like a Metropolitan Magistrate, has the power to try these specific crimes.

FAQ

1. Can a normal citizen file a criminal case directly in court for a violation of the National Commission for Allied and Healthcare Professions Act, 2021?

No, Section 60 of the National Commission for Allied and Healthcare Professions Act, 2021, says a court can only take notice of an offence if a complaint is made by the Central Government, State Government, the Commission, or the State Council.

2. Which level of court is allowed to hear cases under the 2021 Allied and Healthcare Act?

Section 60 of the National Commission for Allied and Healthcare Professions Act, 2021, states that no court lower than a Metropolitan Magistrate or a Judicial Magistrate of the first class can try these offences.

3. Does the State Council have the power to initiate legal proceedings against healthcare offenders?

Yes, Section 60 of the National Commission for Allied and Healthcare Professions Act, 2021, identifies the State Council as one of the four authorities permitted to make a complaint to the court.

Test yourself

Q1.Under Section 60 of the National Commission for Allied and Healthcare Professions Act, 2021, which of the following can legally file a complaint for an offence?

Q2.What is the lowest rank of magistrate allowed to try an offence under Section 60 of the 2021 healthcare law?

Q3.If the National Commission finds a violation of the Act, what must it do to start a trial according to Section 60?

Q4.Which authority is NOT listed in Section 60 of the National Commission for Allied and Healthcare Professions Act, 2021, as a complainant?

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