Section 3 in The Clinical Establishments (Registration and Regulation) Act, 2010

Title: Establishment of National Council.

Description: (1) With effect from such date as the Central Government may, by notification appoint in this behalf, there shall be established for the purposes of this Act, a Council to be called the National Council for clinical establishments. (2) The National Council shall consist of— (a) Director-General of Health Service, Ministry of Health and Family Welfare, ex officio, who shall be the Chairperson; (b) four representatives out of which one each to be elected by the— (i) Dental Council of India constituted under section 3 of the Dentists Act, 1948 (16 of 1948); (ii) Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956 (102 of 1956); (iii) Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947 (48 of 1947); (iv) Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948 (8 of 1948); (c) three representatives to be elected by the Central Council of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine constituted under section 3 of the Indian Medicine Central Council Act, 1970 (48 of 1970); (d) one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973 (59 of 1973); (e) one representative to be elected by the Central Council of the Indian Medical Association; (f) one representative of Bureau of the Indian Sandards constituted under section 3 of the Bureau of Indian Standards Act, 1986 (63 of 1986); (g) two representatives from the Zonal Council set-up under section 15 of the States Reorganisation Act, 1956 (37 of 1956); (h) two representatives from the North-Eastern Council set-up under section 3 of the North-Eastern Council Act, 1971 (84 of 1971); (i) one representative from the line of paramedical systems excluding systems that have been given representation under clause (b); (j) two representatives from National Level Consumer Group to be nominated by the Central Government; (k) one representative from the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government; (l) the Secretary-General of the Quality Council of India, ex officio. (3) The nominated members of the National Council shall hold office for three years but shall be eligible for re-nomination for maximum of one more term of three years. (4) The elected members of the National Council shall hold office for three years, but shall be eligible for re-election: Provided that the person nominated or elected, as the case may be, shall hold office for such period till he holds appointment of the office by virtue of which he was nominated or elected to the council. (5) The members of the National Council shall be entitled for such allowances as may be prescribed by the Central Government. (6) The National Council may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it. (7) The National Council shall meet at least once in three months. (8) The National Council may constitute sub-committees and may appoint to such sub-committee, as it deems fit, persons, who are not members of the National Council, for such period, not exceeding two years, for the consideration of particular matters. (9) The functions of the National Council may be exercised notwithstanding any vacancy therein. (10) The Central Government shall appoint such person to be the Secretary of the National Council as the Central Government may prescribe, and may provide the National Council with such other secretarial and other staff as the Central Government considers necessary.

Title: Disqualifications for appointment as member

Description: A person shall be disqualified for being appointed as a member of the National Council if he— (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as a member.

Title: Functions of National Council.

Description: The National Council shall— (a) compile and publish a National Register of clinical establishments within two years from the date of the commencement of this Act; (b) classify the clinical establishments into different categories; (c) develop the minimum standards and their periodic review; (d) determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments; (e) collect the statistics in respect of clinical establishments; (f) perform any other function determined by the Central Government from time to time.

Title: Power to seek advice or assistance.

Description: The National Council may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act.

Title: National Council to follow consultative process

Description: The National Council shall follow a consultative process for determining the standards and for classification of clinical establishments in accordance with such procedure as may be prescribed.