The ASSAM RURAL HEALTH REGULATORY AUTHORITY ACT, 2004
**Registered No. - 768/97**

# THE AS,SAM GAZETTE

###### ~~q

### EXTRAORDINARY

m~ <fl~~<!!~ ~<fl1fi1~

**PUBLISHED BY AUTHORITY**

"il~ 187 ~9B", ~' 18 CDC~, 2004, 27 ~, 1926 (~ )

No.1 87 Dispur, Saturday, 18th September, 2004, 27th Bhadra, 1926 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 9th September, 2004

**No. LGL.105/2003/4.--The following Act of the Assam Legislative**

Assembly which received the assent of the Governor is hereby published for

general information :


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1170 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, i.1 _ __1

ASSAM ACT NO. XIX OF 2004

(Received the assent of the Governor on 4th September, 2004)

THE ASSAM RURAL HEALTH REGULATORY AUTHORITY ACT, 2004.

AN

ACT

to provide for the establishment of a regulatory authority in the State of
Assam to regulate and register the diploma holders in Medicine &
Rural Health Care (DMRHC) and their practice of medicine in rural
areas and also to regulate opening of Medical Institutes for imparting
education and training for the course of diploma in Medicine and Rural
Health Care (DMRHC);
Be it enacted by the Assam Legislative Assembly in the Fifty-
fifth year of the republic oflndia as follows:

CHAPTER-I

PRELIMINARY

Short Title, 1.. (I) This Act may be called the Assam Rural
Extend and Health Regulatory Authority Act, 2004.
Commence (2) It extends to the whole of Assam
ment

(3) It shall come in to force on_ such date as the

State Government may, by notification

published in the Official Gazette appoint.

Definitions 2. In this Act unless the context otherwise requires

(a) 'Act' means the Assam Rural Health
Regulatory Authority Act, 2004;

(b) 'Authority' means the Assam Rural Health

Regulatory Authority established under
section 3;
(c) 'certificate' means a certificate issued by the
Authority under section 17;
(d)'Course' means the prescribed course of
education and training for the Diploma in

.Medicine and Rural Health Care.


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.,
".- Care' means the diploma awarded by the

~Authority on successful completion of the
course of Diploma in Medicine and Rural
Health Care under the provisions of the Act;

(f) 'Fund' means the Assam Rural· Health
Regulatory Authority fund referred to in
section 13;
(g) 'Medic,ine' means allopathic medicine but
does not include veterinary medicines;
(h) 'Medicine and Rural Health Care' means
practice of allopathic medicines and health
care system in rural areas in the State of
Assam; -~

(i) 'Medical " $elro01' means awdtciQ)s _1"VY::>4+4-~~

established under this Act for imparting
medical education both theoretical and
practical for the course of Diploma in
Medicine and Rural He81.th Care;

(j) 'prescribed' means prescribed by rules

framed under the Act;

(k) 'Regulation' means regulation made under
section 23;

###### 0) 'rural areas' means areas not included in a

Municipal Corporation, a Municip&l Board
or a Town Committee or any other area
###### notified as urban area.;

(m) 'Rules' means the rules framed under
section 22 of the Act;
(n) 'Rural Health Practitioners' means a holder
###### of the diploma in Medicine and Rural Health

Care who has registered himself as such
with the Authority and obtained a certificate
###### and a registration number;
(o)'State Register of Rural Health Practitioners'

means· the register maintainoo under section
1 7 and the expressions 'Registered' and
'Registration' shall be construed

accordingly;
(p) 'State' means the State of Assam;
(q) 'State Government' means the Government
of Assam;


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. CHAPTER-fl
CONSTITUTION OF ASSAM RURAL HEAL m

REGULATORY AUTHORITY

Establishment 3. (1) The State Government shall, by notification
published in the
of the Authority. Official Gazette, establish an authority to be
called the Assam Rural Health Regulatory
Authority.

(2) The Authorify shall be a body corporate
having perpetual succession and a common seal
with powers to acquire, hold and dispose of
prcJerty, movable or immovable and to do all
things necessary for the purpose of its functions
and continuation and may sue and he sued in its
corporate name.

Constitution of 4. (1) The Authority shall consist of the
the Authority. following members, namely:-

(a)The Director of Medical Chairman
Education, Assam

(b) An officer of the Directorate Vice
of Health Services, Assam, not Chairman
below the rank of Additional
Director-

(c) One Principal of the Medical Member
Colleges of the State to be
nominated by the State

Government

(d) Three medical practitioners Member
of repute to be nominated by the
State Government

(e) Principal, Regional Nursing Member
College
(f) Principal, Regional Dental Member
College                  -


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(g) Principals of the Medical Member
institutions established under the
Act.

(h) An officer of the Health & Member
Family Welfare Department not
below the ·rank of Deputy
Secretary to be nominated by the
State Goverrunent

(i) Joint Director of Medical Member

Education

(J) Deputy Director of the Member -

Directorate of Medical Secretary

Education, Assam

(2) The Chairman and the Vice Chairman shall,
subject to the provisions of the Act, exercise such
powers and perform such duties as may be
prescribed.

(3) The term of the Authority shall be three years

from the date of publication of the notification
issued under section 3 of the Act.

(4) Any interim vacancy amongst the members of

the Authority caused by any reason shall be filled

up in the like manner in which his predecessor was
appointed as such member and only for the rest of
the term of the said predecessor.

Disqualification. 5. (1) A person shall not be qualified for being

nominated or elected as a member of the

Authority if

(a) he is not a citizen of India, or

(b) he has been sentenced for an offence
involving moral turpitude, or
( c) he is an employee of the Authority:
(2) The business of the Authority shall be
conducted in •he manner as may be prescribed.


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CHAPTER~III

POWERS AND FUNCTIONS OF THE AUTHORITY

Powers 6. (1) Subject to the provisions of this Act and the rules
and made thereunder the Authority shall exercise such
Functions powers and perform such ftmctions as may be necessary
for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality
###### of the foregoing provisions, the powers and functions of
the Authority shall include :-

(a) to hold, conduct and regulate the examinalion for the
course including entrance test for admission into the
Medical Institute;             -

(b) to maintain State Register of Rural Health
Practitioners;

( c) to hear and decide appeals by and against such
registered Rural Health Practitioners;

(d) to prescribe regulations and code of .ethnics for
regulating the profession for conduct of such
registered Rural Health Practitioners;

(e) to reprimand a Rural Health Practitioner, to suspend
###### or remove the name from the State Register of Rural
Health Practitioner or to take such other disciplinary
actions against him as may in the opinion of the
Authority be necessary or expedient;

I

(f) to lay down norms and standard for the course,
curriculum, facilities for instruction, training
assessments and examinations for students
undergoing the course for Diploma in Medicine and
Rural Health Care and of the Medical Institute;

(g) to fix norms and guidelines for charging tuition fees;

(h) to provide guidelines for admission of students to the
course;


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#### ~ THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1175

(i) to · inspect the physical facilities, staff position,
Hospital and academic infrastructure of a Medical
Institute imparting education and training for Diploma in
Medicine and Rural Health Care at the time of starting of
such an Institute and to give no objection certificate after
the said Institute has completecl all formalities and norms
and to make periodical inspection to judge compliance of
shortcomings pointed out, and to maintain standard of the
Institute;

(j) to perform such other functions as may be prescribed
by rules;


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1176 THE ASSAM GAZETTE, EXTRAORDrNARY, SEPT. 18, 20u 4

CHAPTER-IV

MEDICAL INSTITUTE

Minimum 7. The Authority may prescribe the _minimum
Standard. standards of the course, the curriculum, the

examination etc. in respect of the course and
prescribe by regulation the terms conditions
a.nd norms fo be fulfilled, facilities to be
provided by a Medical Institute for imparting
education and training for the course of
Diploma in Medicine and Rural Health Care.

Permission to 8. (1) Notwithstanding anything contained in

open a Medical this Act or a11y other law for the time

Institute being Ji force · no person or

###### organiz.ation other th~n the State

Govem.~ent of Assam shall establish
a Medical Institute without (a) the
recommendation of the Authority and

                             - (b) prior and expressed permission of
the State Government.

(2) Every person or organization or trust
wanting to start a Medical Institute
shall for the purpose of obtaining
permission under sub-section (I)
submit to the State Government a
proposal in accordance with the
provisions of the Act and the rules
###### .framed thereunder and the State
Government shall refer the proposal to
the Authority for its scrutiny and
recommendations.


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### -- (3) On receipt of the proposal, the
Authority may obtain such other
particulars and information as may be
considered necessary from the person
or the organization concerned and
thereafter if may, if the proposal is
defective and does not contain any
necessary particulars, give a

rea.'lOnoble opportunity to the person
or organization concerned for making
a written representation and it shall be
open tot such person or organization to
rectify the defects, if any, specified by
the Authority.
( 4) The State Government may after

considering the proposal and the
recommendations or. observations of
the Authority and after obtaining,
where necessary, such other
particulars as may be considered
necessary by it from the person or the
organization concerned either approve
(with such conditions, if any, as may
be considered necessary) or
disapprove the proposal.
###### (5) The . Authority while making its
recommendations and the State
Government while passing an order,
either approving or disapproving the
proposal shall have d~ regard to the
following factors, namely,·

(a) whether the proposed person or
organization seeking to open a
###### Medical Institute would be in a
position to offer the minimum
standards of education as prescribed
by the Authority;
(b) whether the person seeking to

establish a Medical Institute nas·
adeouate financial resources;


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(c) whether necessary facilities in respect
###### of staff: equipment, accommodation,
training and other facilities to ensure
proper functioning of the Medical
Institute
(d) whether adequate hospital facilities
having regard to the number of
students likely to attend the Medical
Institute would be available;
( e) whether adequate qualified teaching-

and non-teaching staff would be
available in ~e Medical Institute. ;

(t) any other condition as may be
prescribed.
(6) A copy of the order passed by the

State Government either approving or
disapproving of the proposal shall be
communicated to the concerned
###### parties and the Authority.

 Powers of 9. The Authority shall have powers to inspection · inspect or cause inspection and call for
infonnati< any information as may be required by

the Authority to discharges its duties.

Withdrawal of 10. (1) When upon a report or inspection or

recognition. otherwise it appears to the Authority

that the courses of study and
examinations undergone iii any

Medical Institute, or the staff,

equipment, accommodation, training
and other facilities for instructions and
training provided in such Medical .
Institute do not confonn the standards
prescribed by the Authority; the
###### Authority may i:efer the· matter to that effect to· the State Ck>vernment.

' 4• 11


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(2) After considering such reference the
State Government may send such
reference to the Medical Institute with
an intimation of the period within
which the Medical Institute may
submit its explanation to the State
Government
(3) On r~ceipt of the explanation or where

no such explanation is received within
the period fixed, the State Government
after making such further inquiry as it
may think fit, may by an order de-
recognize the Medical Institute and on
such de-reorganization the said
Medical Institute shall not admit any
students for the course.


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CHAPTER-V ~

SECRET ARY AND OTHER OFFICERS AND STAFF

Secretary and 11. ( 1) The Deputy Director in the Directorate
other Officers of Medical Education, Assam shall be
and Staff of the the Secretary of the Authority.
Authority. (2) The State Government shall place at

the disposal of the Authority the
required manpower to enable the
Authority to function smoothly.

(3) The Secretary, other officers and the

###### staff shall be under the administrative
control of the Authority and shall be
deemed to be public servants within
the meaning of section 21 of the
Indian Penal Code, 18 60 ( 45 of 1860).

Duties and 12. (l) It shall be the duty of the Secretary to
functions of the keep and maintain the State Register
Secretary. of Rural Health Practioners in

acc-0rdance with the provisions of this
Act and the rules made thereunder,
and to revise it from time to time in
such manner as may be prescribed.
(2) The Secretary shall see that the State

Register of Rural Health Practioners is

as fat as possible correct at all times
and may from time to time enter
therein any material alteration in the
addres.. or qualifications or other
material alteration in the address or
qualifications of the Rural Health
Practioners;

(3) The Secretary may remove from the

State Register of Rural Health
Practioners the name of Diploma
Holders who bas died or whose name
is directed to be removed from the
State Register of Rural Health
Practioners.                       -


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CHAPTER-VI

FUND OF THE AUTHORITY

Fund of the 13: ( 1) The Authority shall establish a fund to
Authority. be called the Ansam Rwal Health

Regulatory Authority Fund.
(2) The following shali form part of or be
paid into the Fund,-
( a) any contribution or grant made

by the Central or the State
Government;
(b) income of the Authority from aJ [1 ]

the sources including incom~

from fees and fines;
( c) truSt, donations, endowments
and other grants. if any; and
(d) all other sums received by the
Authority.

Purpose for 14. The Fund of the Authority may be utilized
which the Fund for the following purposes,namely,-
of Authority (a) the expenses of any suit or' legal

maybe proceeding to which the Authority is a
utilised. party;

(b) the payment of salaries and
allowances to the officers and staff of
the Authority, if any;
###### ( c) the payment of allowances to the
Members of the Authority. if required;
( d) the payment of any expenses incurred

by the Authority in carrying out the
provisions of this Act and the rules
framed thereunder.

Accounts and 15. **(1)** The accounts of the Authority shall be

Audit. prepared before such date and at such

intervals, and in such manner as may
be prescribed.
(2) The accounts of the Authority shiµl be
audited by a Chart..ered Accountant.
The Audit fees of the Chartered
Accountant . shall be fixed by. the
Authority from time to time. ·


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(3) As soon as the accounts of the
Authority are audited the Authority
shall send a copy thereof together. with
a report of the Auditor to the State
Government.

( 4) Notwithstanding anything-contained in
the ·forgoing provisions of this section
the accounts of the Authority shall be
subject to the audit by the Comptroller
###### and Auditor General.

##### -

B dget 16. (1) The Secretary--sball prepare the budget

of the Authority and place the same in
a meeting of the Authority before the
commencement of a financial year and
the Authority ·after due discussion;
addition or alteration, as it may think
necessary, shall pass the budget and
the Secretary shaH forwarded a copy
thereof to the State Government

(2) If· the State Government is of the
opinion that the provisions of the
budget so forwarded to it are not
ad.equate for carrying out the purposes
of this A~ it shall return the budget to
the Authority for such modifications,
as may be suggested by the State
Government and the Authority shall
thereupon rectify, alter or amend the
###### budget accordingly.
(3) The Authority shall be competent to
re-appropriate such amounts as may
be necessary from one head to another
and within such heads.


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##### /-

CHAPTER· VII

REGISTRATION AND STATE REGISTER OF RURAL
HEAL TH PRACTIONERS

State Register 17. (1) The Authority shall cause to be
of Rural Health maintained in the prescribed manner
Practitioners. and form a register of Diploma
Holders in Medicine and Rural Health
Care to be known as the State Register
###### of Rural Health Practitioners.
(2) It shall be the duty of the Secretary to

keep and maintain the State Register
###### of Rural Health Practitioners in

accordance .with the provisions of this
Act and the rules made thereunder.
(3) The State Register· of RW"a.1 Health

Practitioners shall be deemed to be a
public document within the meaning
of the Indian Evidence Act, 1872.
###### (4) Every person on successful

completion of the course shall be
eligible for enrollment in the State

Register of Rural Health Practitioners
on furnishing to the Secretary the
proof of such qualification and on
###### payment of such• fees as may be
prescribed.

(5) Every person whose name has been

enrolled in the State Register of Rural
Health Practitioners shall be entitle to
have a certificate issued by the
Authority under the hand and seal of
the President and the Secretary and

bearing a Registration Number and
shall be eligible to practise medicine
and Rural Health Care in rural areas of
the State of Assam:


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1184 fHE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 20Q4

(6)

Provided that no Rural Health
Practitioner shall use the word

'~Doctor" or "Dr." before and after his
name. However he may identify
himself as Rural Health Practitioner or
###### RHP.

Power of the 18. Tne Amhority may upon .a reference from
Authority to the Secretary or. otherwise by order prohibit
prohibit entry the entry in, or. order the removal from the
in, or_ to order State Register of Rural Health Practitioners
removal from the name of any person;
State Register, (a) who has been sentenced by a criminal

name of any court for imprisonment for an offence
person. indicating. in the opinion of         - he

Authority, such a defect in character
_as . would render the enrollment_ or
continuance of his name in the State
Register of Rural Health Practitioners
undesirable;
(b) whom the Authority ~ reasonable
inquiry has found guilty of inf wnous
conduct in any professional respect by
a majority of two thirds of the
members present and voting at the
meeting:

Provided that no order shall be

passed under this section without
giving a reasonable opportunity of
being heard to the person concerned.

Alteration of 19. ( 1) The Authority may after giving the
the State person concerned a reasonable
Register of opportunity of being heard and
Rural Health inquiring into his objections, if any
Practitioners. order that any entry in the State

Register of Rural Health Practitioners,
which in the opinion of the Authority,
has beeri incorrectly or fraudulently
been made or brought about, be
cancelled or amended.


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,7.fHE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1185

__,

(2) The Authority may direct removal for
ever, or for a specified period from the
State Register of Rural Health

Practitioners the name of any Rural
###### Health Practitioner for the same reason for which registration may be
prohibited or denied by the Authority
###### under section 21 _.

Appeal against 20. Any person whose application· for

order of the enrollment in the State Register of Rural

###### Authority. Health Practitioners has been rejected or

whose entry in the State Register of Rural

Health Practitioners has been derued or
prohibited under section 21, or whose name
has been removed from the State Register of
Rural Health Practitioners may within
ninety days of the order rejecting,

prohibiting or removing, as the case may be,
may prefer an appeal to the State

Government and the decision of the State
Government thereon shall be final.

Prohibition of 21. (1) No person whose name is not enrolled
Practice except or has been cancelled or removed

###### as provided in from the State Register of Rurai

this Act. Health Practitioners shall practise

Medicine and Rural Health Care at
###### any place whether rural or urban in the State of Assam. .

(2) Any person who contravenes the
provisions of sub-section (1) shall be
punished with imprisonment, which

###### may extend to 6 years or fine which
may extend up to rupees thirty
thousand or with both.


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_.

CHAPTER-VIII

RULES AND REGULATIONS

Power to 22. (l) The State Government may make rules to
_make rules._ carry out the purposes of this Act.

(2) Without prejudice to the generality of the
forgoing provision such rules may provide
for;-                      -

(a) the management of property of the
Authority and the maintenance and audit
of its accounts;

(b) p<JWers, functions and duties of the
Chairman and the Vice-Chairman of
the Authority;
(c) the travelling and other allowances
including the sitting allowance payable to
the Members of the Authority and the

fees of the Auditor;
(d) the qualifications. conditions of the
service and· pay and allowance of the
Officers and staff of the Authority;
(e) the form and the manner for
maintenance of the State Register of
Rural Health Practitioners and the

manner of revision thereof;
(f) any other matter that may be required
to be prescribed.

(3) Every rule made under this section shall
be laid, as soon as may be after it is made,
before the Assam Legislative Assembly
while it is in session for a total period of
fourteen days which may be comprised in
one session or in two successive sessions,
and if, before the expiry of the session in
which it is so laid or the session
immediately following, the Assam
Legislative Assembly agree in making any
modification in the rules or the Assam
Legislative Assembly agree that the rules
should not be made the rules
shall thereafter have effect only in such


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.-/-

modified form or be of no effect, as the
case may be, so however, that any such
modification or annulment shall be

without prejudice to the validity ot
anything previously done under that rules.

Power to 23. (1) The Authority may with the previous
###### make approval of the State Government and
Regulations. subject to the provisions of the Act and

the rules made under section 22 make
regulations generally to carry out the
purposes of this Act, and without

prejudice to the generality of the forgoing

powers, such regulations may provide
for;-
( a) the conduct of businesses of the

Authority and the procedure to be
###### followed for such conduct of

businesses;
(b) the mode of appointment• of

committees, the summoning and
holding of meetings and the conduct

of business ?f such commi1;tees;

( c) the code of ethics for regulating the

professional conduct of Rural Health

###### Practitioners;

(d)' the manner of admission to the

Medical Institute in the State;

( e) the manner in which the

                      - examinations for the course in the

Medical Institute are to be

conducted;
( f) any other matter for which under

this Act or the rules made thereunder
provision is required to be made by
regulations.                           -

(2) The State Government on receiving the

regulations, may approve the~ subject to

###### such modifications. aS it may thinki fit or

return them to the Authority for

~nsideration.


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(3) The State Government may, by order
require the Authority to amend, alter,
resind or modify the regulations in the
manner as it may direct, and the Authority
on receipt of such an order shall amend,
alter, resind or modify the regulations
accordingly.

CHAPTER-IX

POWERS AND FUNCTIONS OF RURAL HEALTH

PRACTIONERS

Powers and 24. The Rural Health Practitioners shall be eligible
Functions. to practise Medicine and Rural Health Care
subject to the following conditions,namely,·

(a) they shall treat only those diseases and

carry out those procedures which shall be
outlined in the rules;

(b) they shall prescribe only those drugs,
which shall be outlined in rules;

( c) they shall not carry out any surgical
procedure, invasion, investigation or

treatment,                     - edical Tennination or
Pregnancy etc., but shall confine
themselves to such medicinal treatment
and perform such minor surgery as may
be prescribed.
(d) they shall practise only in rural areas _as_

defined in the Act;
( e) they may issue illness certificates and
death certificates.
( f) they shall maintain name, address, age,

sex, diagnosis and treatment records of all
patients treated by them; and
(g) they shall not be eligible for employment
in Hospitals, Nursing Homes and Health
establishments located in urban are·as _as_

General Duty Physicians involved in
patient care in OPD, Emergency and
###### Indoor Services.


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CHAPTER-X

###### MISCELLANEOUS

Penalty for 25. Any person who,-
dishonest use (a) dishonestly makes use of . any
###### of certificate. certificate of registration granted to
 him; or
(b) procures or attempts to procure

registration under the provisions of
this. Act by making .or producing or
causing to be made or produced any
false or fraudulent declaratio14

certificate or representation whether in
writing or otherwise; or
( c) willfully makes or causes to be made

by false representation in any matter
relating to the certificate or

! registration issued under provisions of

this Act;
sha11 on conviction, be punishable,
with imprisonment which may extend
to one year or with fine which may
extend to one thousand rupees or with
both.

###### Cognironce of 26. (I) No court shall take cognizance of an
offences. offence punishable under this Act,

except upon a complaint in writing
made by the Secretary or any other
officer authorized by the Authority in
this behalf by general or special order

###### of the Authority.
(2) No court inferior to that of a

###### Magistrate of the first class shall try
any offence punishable under this Act.

Information to 27. The Authority shall furnish such reports,
be furnished by copies of its minutes, abstracts of its
the Authority accounts, and other information to the State

                - Government as the State Government may

require.


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r enalties for 28. Any. registered Rural Health Practitioners
not following who does not strictly follow the corufitions
section 27 of laid down under section 24 of the Act shall
this Act.

be liable to be-
( a) prosecuted under the provisions of this
Act and on conviction may be
###### imprisoned for 6 months or fined with rupees five thousand or both; and
(b) bis name shall be removed from the
State Register of Rural Health
###### Practioners.

 Control by the 29. If at any time it appears to the State
State Government that the Authority has failed to
###### Government. exercise, or has exceeded or abused any

powers conferred upon it by or under this
Act, or has failed to perform any of the
###### duties entrusted or vested upon it by or
tmder this Act, the State Government may,
##### if it considers such failure, excess or abuse,
to be of a serious nature, notify the
particulars thereof to the Authority,
###### requiring it to remedy such failure, excess
or abuse within the period specified in the
notice, and if the authority fails to remedy
such failure, excess or abuse within the
period specified in the notice, the State


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##### ffi E ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1191

_,,~

Government may dissolve the Authority and
cause all or any of the powers and duties of

the Authority to be exercised by such
person and for such period not exceeding
two years WJ it may think fit, and shall take
steps to being into existence a new
Authority.

M. K. DEKA,
Commissioner & Secretary

to the Govt. of Assam,
Legislative Department, Dispur .

  -

GU WA HAT!- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,

sAssam, Guwahati-21, (Ex-Gazette) No. 3 73-500-600-18-9-2004.


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