GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Acts - Andhra Pradesh Para Medical Board Act, 2006
(Andhra Pradesh Act 38 of 2006) – Rules under sub-section (1) of Section 44 of
the Act--Notification -Issued.
HEALTH MEDICAL AND FAMILY WELFARE (
G.O.Ms.No.128 Dated
Read the following:
The Andhra Pradesh
****
ORDER:
The appended notification shall be published in the Extraordinary issue
of the Andhra Pradesh Gazette dated
In
exercise of the powers conferred by Section
44 of the Andhra Pradesh Para Medical Board Act, 2006 (Andhra.Pradesh.Act
No.38 of 2006), the Government of Andhra Pradesh hereby makes the following
rules namely: -
1. Short title, extent and commencement:
These Rules may be called as the Andhra
Pradesh Para Medical Board Rules, 2006.
2. Definitions:
(1)
In
these rules, unless the context otherwise requires: -
(a)
“Act” means the Andhra Pradesh Para Medical Board Act, 2006.
(b)
“Annexure” means annexure appended to these rules.
(c)
“Form” means a Form appended to these rules.
(2)
All other words
and expressions used herein and not defined but defined in the Act shall have
the same meaning respectively assigned to them in the Act.
3. Payment of fees and allowances:
(1)
The Non-Official
Members of the Board shall be entitled for a sitting fee of Rs.1000/- (Rupees
one thousand only) per day, on the day of meeting officially convened.
(2)
All the Members of
the Board shall be entitled to Traveling Allowance equivalent to the
second-class AC fare of express train and daily allowance of Rs.300/-(Rupees
three hundred only) per day for official tours and journeys, as may be changed
from time to time.
Provided
that the official members including President and Vice-President shall not draw
the said amount from department where there are working.
4. Method of appointment of Secretary:
(1)
Government shall
appoint an Officer or Retired Officer not below the rank of Joint Secretary to
Government as Secretary of the Board.
(2)
In the event of
appointing a serving officer as Secretary of the Board, he/she shall be
entitled to his own pay and allowances drawing in his parent department prior to
his appointment as Secretary to the Board. He is also entitled to draw his
regular annual grade increments.
(3)
In the event of
appointing a Retired Officer as Secretary, he/she shall be entitled to receive
such emoluments as may be fixed by the Government from time to time.
5. Maintenance of registers:
(1) Separate Form of Register shall be maintained for each
Para Medical Technician / Professional declared as such by the Government.
(2) The Form of Register shall be maintained both manually
and electronically.
(3) Secretary of the Board is the custodian of the
registers and verify the same by the end of the each month
(4) The Secretary of the Board shall issue a Certificate
of Registration in the prescribed Form-
III appended to these rules on entering the particulars in the register.
(5) If the original Certificate of Registration is lost, a
candidate shall apply for a duplicate certificate through the institution from
which he obtained training along with the production of documentary evidence
for loss of original certificates and with the payment of fee as prescribed in rule-8. The word “DUPLICATE” shall be
clearly printed across the Certificate of Registration (Duplicate) in the same Form – III
(6) Where the address of any Para Medical Technician
/Professional found to be incorrect
subsequently, the Secretary shall write a registered letter to him with
acknowledgement due at his last known address available in the register and ask
him to furnish his correct address. The Secretary may also make other endeavors
to ascertain the correct address.
(7) If no information regarding the correct address is
received from the Paramedical Technician/Professional or from any other
authentic source, the word “Correct address not found” shall be entered in the address
column of the register against the name of the Paramedical Technician /
Professional.
(8) Where authentic information is available that a
Paramedical Technician / Professional is dead, the
Secretary shall delete his name from the register concerned.
(9) All persons registered by the Board under whatever
Degree/ Diploma or Certificate are legally qualified
for the practice as Paramedical Technician / Professional.
(10) Every person
shall apply to the Secretary to the Board, one month before the due date for
renewal of his Registration along with the fee prescribed in rule-8.
(11) If application for renewal is received after due date,
his name is liable for removal from the
registrar. Unless the fine prescribed along with the renewal fees is paid to the
Board, his/her name will not be restored / reentered in the register.
6. Meetings of
the Board:
The President shall chair all meetings of
the Board. If the President is absent, the Vice-President shall chair the
meeting.
7. Seal of
the Board:
The Board shall have a seal. The
Secretary shall sign every instrument to
which seal is to be affixed
8. Fees:
The following fees shall be payable to the Board by
the Para Medical Technician / Professional and Para Medical Educational and
Training Institutions for various purposes by a demand draft drawn on a
nationalized bank in favour of the “Director of
Medical Education, payable at Hyderabad.” and submit to the Secretary of the
Board.
1.
|
Sl. No |
Purpose |
Amount In Rs.. |
|
1 |
Registration / Renewal of
Registration |
100/ |
|
2 |
Every
additional qualification |
100/- |
|
3 |
Penalty
for restoration of the name to the register after removal for non-payment. |
100/-per month |
|
4 |
Certified
copy of an entry in the register |
100/- |
|
5 |
Issue
of duplicate certificate |
200/- |
|
6 |
Application
form for Registration or Renewal of Registration |
100/- |
2.
|
Sl. No |
Purpose |
Amount InRs. |
|
1 |
Recognition of
the institution |
10,000/- |
|
2 |
Change of
address of the establishment |
3,000/- |
|
3 |
Issue of
duplicate certificate of Recognition |
3,000/- |
|
4 |
Inspection for
enhancement of seats per each course |
10.000/- |
|
5 |
Application
form for Recognition of Para Medical Educational and Training
Institutions (in duplicate) |
1,000/- |
9. Annual
accounts:
The annual accounts of the Board shall be audited and certified
by the Auditors as prescribed in Section 29(2) of the Act and forwarded along
with the annual report to the Government.
10. Offences and penalties:
If the Board comes to a conclusion
based on any enquiry report that any offence coming within the purview of any
of the provisions under Sections 30, 31, 32, &34 of the Act has been
committed by any Institution and there is established evidence that the offence
has been committed with the consent or connivance of, or is attributable to any
neglect on the part of any Director, Manager, Doctor,
11. Eligibility
for Registration:
Any person who posses the recognized
qualification as defined in the Act, shall be eligible for Registration of his
/her name under the provisions of the Act.
12. Registration:
(1)
Any person
seeking registration under Section 20 of the Act shall apply to the Secretary
of the Board in prescribed Form I
furnishing full particulars of the information required therein. He / she shall
attach to the application the original Degree / Diploma / Certificate along
with a Photostat copy and payment of fees prescribed in rule 8
(2)
The Paramedical
Technician/ Professional herein after shall register his/her name within a
period of three (3) months from the date of obtaining certificate. After
entering the name in register, the original certificate (s) shall be returned
to the applicant
(3)
The Secretary or
a person authorized in this behalf, shall acknowledge the receipt of
application for registration in the prescribed
Form-II.
(4)
Every applicant
whose name has been entered in the register shall be entitled to receive a
Certificate of Registration from the Secretary in the prescribed Form III.
(5)
Form of
Register as prescribed in Annexure
–I shall be authenticated by the
Secretary.
(6)
The Secretary may
reject the grant of registration by recording the reasons therefor
in the prescribed Form-IX.
(7)
An Appeal can be
filed by the applicant who is aggrieved by the rejection to grant registration
to the Board in the prescribed Form-X.
(8)
Sufficient space
shall be left for future additions or change of address or qualifications,
etc.,
(9)
Every
registration shall be valid for a period specified under Sub-section (1) of the
Section 21 of the Act.
(10) Applicant for registration shall in all cases specify
in the application the names and
address of atleast two persons willing and able to
give evidence of good moral character of the applicant: -
(a) One of them should be a Medical Practitioner and not
being a relation of the applicant who
knows the applicant personally for not less than three (3) years.
(b) Another person shall be a person in whose employment
the applicant is on the date of application or who has employed the applicant
at any time within (2) two years prior to such date or from a Gazetted officer incase of the applicant being unemployed.
(11) In the event of certificate issued under sub rule (4)
above being lost or destroyed, the holder may at any time during which such
certificate is in force, apply to the Secretary for a duplicate certificate and
the Secretary may, if he thinks fit on satisfactory proof as to the identity of
the applicant, grant such certificate on payment of the fees prescribed.
Certificates issued under this shall be marked “duplicate”.
(12) Application for Registration of any additional
qualification shall be submitted in prescribed Form IV to the Secretary along with the payment of fees prescribed
in rule 8. The Secretary or
authorized person in his office in this behalf shall acknowledge the receipt of
application for registration of additional qualification in acknowledgement
slip as prescribed in Form-II annexed
to these rules.
(13) On Registration of any additional qualifications, the
Secretary shall grant such a certificate prescribed in Form-V.
(14) Every person who registered his/her name with the
Board shall intimate to the Secretary about change of his/her address within
fifteen (15) days.
(15) Certified copies of the entries in the register
prescribed in Annexure-I may be
issued to any one on payment of the fees prescribed in rule-8 for genuine purpose only.
13.
Renewal of Registration:
(1) The holder of the Certificate of the registration
issued under rule-12 (4) shall
submit an application prescribed in Form-VI
to the Secretary to renew his / her registration atleast three (3)
months before the expiry of the period of validity of the certificate of registration along with the fees prescribed
in rule -8.
(2) The application so received, shall be examined and a
certificate of renewal of registration prescribed in Form-VII issued to the applicant before expiry of the said period
of validity of Certificate of registration.
(3) If renewal fee is not paid before the due date, the
Secretary shall remove the name of the defaulter from the register under
intimation to the technician and the authority where he is working.
14. Removal of name from the
register:
(1)
(a) Whenever any information is received that a holder of certificate
of registration is involved in the acts mentioned in Section 22 of the Act has
been convicted of an offence by any judicial authority in relation to his/her
professional conduct has been found guilty or any misconduct involving moral
turpitude, the Secretary after making enquiries relating there to and after a
written explanation is called for from the holder, shall place the matter
before the Board and the Board may
remove the name of the holder from the register permanently or for a specified
time.
(b)
In case where an
appeal is pending against conviction and the conviction is not stayed /
suspended by the competent court, it shall be competent for the Board to remove the name of
the individual from the register after giving an opportunity to the individual
for making representation and his name can be restored after the acquittal by
the competent court subject to payment of fees and penalty under these rules.
(2) Incase of removal of the name from register for the
facts mentioned under Section 22 of the Act except those cases referred to in
sub-rule (1) of this rule, the Secretary shall send a register notice in
writing in Form-VIII, specifying the
nature and particulars of the charge against the holder and informing the time,
date and place at which the case will be heard atleast
by giving twenty one (21) days time for being heard. The registered notice
shall be posted to the address of the holder as given in his/her application
for registration.
(3) If the holder does not either attend in person or by a
representation, the Board may proceed with the records available and decide the
case.
(4) The Secretary shall communicate the decision of the
Board by a registered letter prescribed in Form-X
to the individual and the authority, if any, where he /she is working
(5) In case of removal of the name of holder from the
register, the Secretary shall delete his / her name from the register and
cancel his / her certificate.
15. Restoration:
On receipt of application as
prescribed in Form –XII by the
applicant along with the payment of
renewal fees and penalty as prescribed in rule-8,
the name removed due to non
payment of renewal fee before due date, may be restored to the register .
16. Institution
not recognized under the Act shall not establish Institution :
No person shall
establish a Para Medical Educational Training Institution or conduct any
paramedical course for preparing students to acquire any recognized
qualification without prior recognition of the Board.
17. Recognition of
(1) A person or an existing institution offering training
and preparing students to acquire any qualification in paramedical courses
shall submit the application in the prescribed Form-XIII (in duplicate) to the Secretary of the Board for
recognition of the institution along with the fee prescribed in rule-8.
(2) If an existing institution is offering training in
more than one course, it shall apply
for separate recognition for each course of training.
(3) The Secretary or any person authorized in this behalf
shall immediately acknowledge the receipt of the application for recognition in
the prescribed Form-XIV.
(4)
(a) As soon as an application is received from the
existing institution, a temporary certificate of recognition prescribed in Form
XV shall be issued by the Secretary to the applicant-institution within a
period of fifteen (15) days subject to the condition that the facilities in
accordance with the standards fixed by the Board shall be provided within a
period of one year from the date of granting temporary recognition.
(b) The Secretary shall get an enquiry conducted on the
availability of facilities in such Institutions and communicate the
deficiencies to the said Institutions for rectification within the said period
of temporary recognition.
(c) The said Institution shall rectify the defects and
inform the same to the Board at least forty five (45) days earlier before the
expiry of the temporary recognition.
(d) The Secretary shall get the facts of rectification of
defects for deficiencies submitted by the institution verified and if found
correct, recognition to such institution can be granted in Form-XVI.
(e) In case of
deficiencies subsist, the temporary recognition shall
be withdrawn in Form- XVII. as specified in Section 24 (6) of the Act.
(5) On receipt of an application from a new institute for
recognition, the Secretary of the Board shall conduct an enquiry /inspection of
the institution within a period of three (3) month by an inspection team of the
Board.
(6)
The Inspecting
officers so appointed by the Board shall inspect and submit a report with
reference to the availability of minimum standards prescribed in Annexure–II
and also detailing the specific deficiencies to be corrected, if any.
(7)
Copy of the inspection
report pointing out the deficiencies, if any, shall be communicated to the
Applicant-Institution within ten (10) days from the date of receipt of
inspection report with a direction to rectify the deficiencies pointed out and
inform the Secretary within a period of two months.
(8)
The
Applicant-Institution shall cooperate and provide all the relevant
information and necessary assistance to
the inspecting officers for expeditious and satisfactory completion of the inspection
formalities. Refusal of entry of inspection teams to the Applicant-Institution
and non-cooperation during inspection is liable for rejection of the
application for recognition under the provisions of Section 24 (3) of the Act
18. Certificate of Recognition:
(1)
Based on
inspection reports, the Secretary shall grant the Applicant- Institution a Certificate of Recognition
(in duplicate), in the prescribed Form-XVI, after satisfying himself that the
applicant- institution has complied with all the minimum requirements and
facilities prescribed in the Annexure-II
and also the qualifications of the
faculty in accordance with the standards to be fixed by the Board from time to
time.
(2)
One copy of the
Certificate of Recognition shall be displayed prominently at the reception
/entrance of the Institution. The Secretary shall clearly specify in the
certificate the course of training under which the Institution is recognized,
with intake capacity.
(3)
The Certificate
of Recognition shall be non-transferable.
(4)
In the event of
any change of ownership, management or name of the institution, the Secretary
shall be intimated before such change with necessary documents and the existing
certificate be surrendered to the Secretary so as to
issue a revised certificate of recognition incorporating the changes.
(5)
On ceasing to
function as an institution, or in case
there is a change of course or change in address, both copies of the
certificate of recognition shall be surrendered to the Secretary and fresh certificate
of recognition shall be obtained after following the prescribed procedure.
19.
Withdrawal of Recognition:
(1)
The Secretary on
receipt of reliable information that the recognized institution has been guilty
or any misconduct or on a written complaint that institution is violating any
of the terms and conditions of the recognition or any of the given directions
or has contravened any of the provisions of the Act or these Rules, after
making enquiries thereto shall place a report before the Board.
(2)
The
Board after considering the report of the Secretary shall appoint an enquiry
committee under Section 25 of the Act to enquire into the matter and to submit
a report to the Board.
(3)
The committee
shall give an opportunity to the person managing that Institution for making
representation and receive necessary documentary evidence, if any, and submit a
report to the Board.
(4)
On receipt of
report from the enquiry committee, it is competent for the Board to pass an
order under Section 25 of the Act withdrawing the recognition of the
Institution.
(5)
Before passing
the order, the Board shall issue a notice in the prescribed Form-XVIII for
withdrawal of recognition giving an opportunity to the person managing that
Institution for making representation within a period of seven (7) days from
the date of receipt of the notice.
(6)
If the
Institution does not make representation within the stipulated time, the Board
may proceed with the records available with it and decide the matter.
(7)
The decision of the
Board for withdrawal of recognition of the Institution shall be communicated by
the Secretary in the prescribed Form-XIX to the institute and all other
concerned.
20. Inspection of the Institutions:
(1)
The Board shall
appoint inspecting officers under section 27 of the Act consisting of two
doctors one of whom shall be a Professor/ Associate Professor of the subject
concerned and one representative of the Board to conduct inspections for
recognition or for periodical inspections of the institutions whether the
required standards of training/faculty are being maintained satisfactorily etc,
The institutions shall cooperate with inspection team(s) of the Board for
satisfactory completion..
(2)
The Secretary or
any officer authorized by the Board may enter into the premises of any
recognized institutions to make any enquiry or inspection
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P.K. AGARWAL
PRINCIPAL
SECRETARY TO GOVERNMENT
To
The Commissioner, Printing, Stationery and Stores
Purchase, Hyderabad (2copies).He is requested to publish the Notification in
the A.P. Gazette send 200 copies of the Telugu and English versions of the
Notification to Government.
The Director of Translation, Abids, A.P.,
The Legislature Department.
All Members of the A.P. Para Medical
Board,
The V.C., Dr. N.T.R University of Health Sciences,
The Commissioner of I&PR,
AC Guards,
All HOD’s. under the control of
HM&FW Dept.,
All Sections in HM & FW Dept, Secretariat
All District Medical &Health Officers.
All Principals of Govt. Medical
Colleges.
The General Secretary., A.P.
Private Para Medical Managements Association,
Hyd-1
The Secretary., Indian
Medical Association, Koti,
The Accountant General (A&E), A.P.,
Copy to:
The Prl. Secy., to Governor, Raj Bhavan,
The Spl. Secy. to Chief Minister.
The P.S.
to Minister (Finance and Health).
The P.S. to
Minister (P.R.)
The P.S to Minister (Home)
The P.S. to
Secy., Law (Legal Affairs)/ P.S. to Secy., Law Legislative Affairs).
The P.S. to
C.S. to Govt.
The P.S. to
Prl. Secy/ P.S. to Secy.
HM&FW Dept.
The Law (E/G) Deptt.,
General Administer (Cabinet) Deptt.,
Finance (Expr.
HM&FW-I) Deptt.
//FORWARDED : :
BY ORDER//
SECTION
OFFICER