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REHABILITATION COUNCIL OF INDIA ACT, 1992
34 of 1992
1st September, 1992
STATEMENT OF OBJECTS AND REASONS Through an executive order dated the 31st January, 1986, Government had set up the Rehabilitation Council to enforce standards of training of rehabilitation professoinals. The Council prescribes minimum standards of education and training professionals; recognises certain institutions for conducting training programmes leading to degrees or diplomas. The Council also recognises foreign degrees or diplomas or certificates on reciprocal basis and maintains a Central Reha- bilitation Register of persons who arc allowed to practise or seek employment in rehabilitation services of the handi- capped. 2. In the absence of the statutory powers, the Council is finding it difficult to enforce standards of training and to regulate the functioning of the rehabilitation professionals. The Rehabilitation Council is proposed to be vested with statutory powers to prescribe norms and standards for the rehabilitation professionals and to regulate their training. 3. The proposed Bill seeks to confer statutory status on the Rehabilitution-Council to achieve the above objectives. substituting the existing Rehabilitation Council set up through an executive order by the statutory Rehabilitation Council of India. -Gaz. of Ind., 6-3-92, Pt. II, S. 2, Ext., p. 15 (No. 10).
R1An Act to provide for the constitution of the Rehabilitation Council of India for regulating "and monitoring the training of rehabilitation professionals and personnel, promoting research in rehabilitation and special education" the maintenance of a Central Rehabilitation Register and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows :-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Rehabilitation Council of India Act, 1992.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
(1) In this Act. unless the context otherwise requires,-
(a) "Chairperson" means the Chairperson of the Council appointed under sub-section (3) ofsection 3-:
(b) "Council" means the Rehabilitation Council of India constituted undersection 3-;
3(c) "handicapped" means a person suffering from any disability referred to in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
4(d) and (e)
(f)"member" means a member appointed under sub-section (3) ofsection 3-and includes the Chairperson;
(g) "Member-Secretary" means the Member-Secretary appointed under sub-section (1) ofsection 8-;
(h) "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterised by sub-normality of intelligence;
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by regulations;
(k) "recognised rehabilitation qualification" means any of the qualifications included in the Sched- ule;
(l) "Register" means the Central Rehabilitation Register maintained under sub -section (1) ofsection 23 -;
(m) "regulations" means regulations made under this Act:
5(ma) "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;
(n) "rehabilitation professionals" means-
(i) audiologists and speech therapists;
(ii) clinical psychologists;
(iii) hearing aid and ear mould technicians;
(iv) rehabilitation engineers and technicians;
(v) special teachers for educating and training the handicapped;
(vi) vocational counsellors, employment officers and placement officers dealing with handicapped.
(vii) mulit-purpose rehabilitation therapists, technicians: or
(viii) such other category of professionals as the Central Government may, in consultation with the Council, notify from time to time;
6(o)
7"(1A) Words and expressions used and not defined in this Act but defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall have the meanings respectively assigned to them in that Act.".
CHAPTER 02: THE REHABILITATION COUNCIL OF INDIA
SECTION 03: CONSTITUTION AND INCORPORATION OF REHABILITATION COUNCIL OF INDIA
(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be consti- tuted for the purposes of this Act a Council to be called the Rehabilitation Council of India.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of prop- erty, both movabie and immovable, and to contract and shall by the said name sue and be sued.
(3) The Council shall consist of the following members, namely :-
8(a) a Chairperson, from amongst the persons having experience in administration with professional qualification in the field of rehabilitation, disabilities and special education, to be appointed by the Central Government;
8(b) such number of members not exceeding seven, as may be nominated by the Central Government, to represent the Ministries of the Central Government dealing with matters relating to persons with disabilities;
(c) one member to be appointed by the Central Government to represent the University Grants Commission;
(d) one member to be appointed by the Central Government to represent the Directorate General of Indian Council of Medical Research;
(e) two members to be appointed by the Central Government to represent the Ministry or department of the States or the Union territories dealing with Social Welfare by rotation in alphabetical order:
(f) such number of members not exceeding six as may be appointed by the Central Government from amongst the rehabilitation professionals working in voluntary organisations;
(g) such number of members not exceeding four as may be appointed by the Central Government from amongst the medical practitioners enrolled underthe Indian Medical Council Act, 1956and en- gaged in rehabilitation of the handicapped;
(h) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
(i) such number of members not exceeding three as may be nominated by the Central Govern- ment from amongst the social workers who are actively engaged in assisting the disabled;
(j) the Member-Secretary, ex officio.
(4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament.
(5) Notwithstanding anything contained inthe Industrial Disputes Act, 1947or any other law for the time being in force, absorption of any employee by the Council in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, tribunal or other authority.
Explanation.- In this section, "Rehabilitation Council" means the Rehabilitation Council, a society formed and registered underthe Societies Registration Act, 1860and functioning as such immediately before the constitution of the Council.
SECTION 04: TERM OF OFFICE OF CHAIRPERSON AND MEMBERS
(1) The Chairperson or a member shall hold office for a term of two years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer.
(2) Acasual vacancy in the Council shall be filed in accordance with the provisions ofsection 3- and the person so appointed shall hold office only for the remainder of the term for which the member in whose place he was appointed would have held that office.
(3) The Council shall meet at least once in each year at such time and place as may be appointed by the Council and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed.
(4) The Chairperson or. if for any reason, he is unable to attend the meeting of the Council, any member elected by the members present from amongst themselves at the meeting shall preside at the meeting.
(5) All questions which come up before any meeting of the Council shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote.
SECTION 05: DISQUALIFICATIONS
- No person shall be a member if he-
(a) is, or becomes, of unsound mind or is so declared by a competent Court; or
(b) is, or has been, convicted of any offence which, in the opinion of the Central Government. involves moral turpitude; or
(c) is, or at any time has been. adjudicated as insolvent.
SECTION 06: VACATION OF OFFICE BY MEMBERS
If a member-
(a) becomes subject lo any of the disqualifications mentioned insection 5-: or
(b) is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council; or
(c) ceases to be enrolled on the Indian Medical Register in the case of a member referred to in clause (g) of sub-section (3) ofsection 3-: his seat shall thereupon become vacant.
SECTION 07: EXECUTIVE COMMITTEE AND OTHER COMMITTEES
( 1 ) The Council shall constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act.
(2) The Executive Committee shall consist of the Chairperson who shall be member ex officio and not less than seven and not more than ten members who shall be nominated by the Council from amongst its members.
(3) The Chariperson shall be the Chairperson of the Executive Committee.
(4) In addition to the powers and duties conferred and imposed upon it by this Act, the Executive Committee or any other committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.
SECTION 08: MEMBER -SECRETARY AND EMPLOYEES OF COUNCIL
(1) The Central Government shall appoint the Member-Secretary of the Council to exercise such powers and perform such duties under the direc- tion of the Council as may be prescribed or as may be delegated to him by the Chairperson.
(2) The Council shall, with the previous sanction of the Central Government employ such officers and other employees as it deems necessary to carry out the purpose of this Act.
(3) The Council shall, with [he previous sanction of the Central Government, fix the allowances to bepaid to the Chairperson and other members and determine the conditions of service of the Member- Secretary, officers and other employees of the Council.
SECTION 09: VACANCIES IN THE COUNCIL NOT TO INVALIDATE ACTS, ETC
- No act or proceeding of the Council or any committee thereof shall be culled in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council or a committee thereof, as the case maybe.
SECTION 10: DISSOLUTION OF REHABILITATION COUNCIL AND TRANSFER OF RIGHTS, LIABILITIES AND EMPLOYEES OF REHABILITATION COUNCIL TO COUNCIL
(1) On and from the date of the constitution of the Council, the Rehabilitation Council shall stand dissolved and on such dissolution.-
(a) all properties and assets, movable and immovable, of, or belonging to, the Rehabilitation Council shall vest in the Council;
(b) all the rights and liabilities of the Rehabilitation Council shall be transferred to, and be the rights and liabilities of, the Council:
(c) without prejudice to the provisions of clause (b), all liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Rehabilitation Council immediately before that date, for or in connection with the purposes of the said Rehabilitation Council shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Council;
(d) all sums of money due to the Rehabilitation Council immediately before that date shall be deemed to be due to the Council;
(e) all suits and other legal proceedings instituted or which could have been instituted by or against the Rehabilitation Council immediately before that date may be continued or may be instituted by or against the Council; and
(f) every employee holding any office under the Rehabilitation Council immediately before that date shall hold his office in the Council by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office as if the Council had not been constituted and shall continue to do so as an employee of the Council or until the expiry of a period of six months from that date if such employee opts not to be the employee of the Council within such period.
CHAPTER 03: FUNCTIONS OF THE COUNCIL
SECTION 11: RECOGNITION OF QUALIFICATIONS GRANTED BY UNIVERSITY, ETC., IN INDIA FOR REHABILITATION PRO PRO-- FESSIONALS
(1) The qualifications granted by any University or other institution in India which are included in the Schedule shall be recognised qualifications for rehabilitation professionals.
(2) Any University or other institution which grants qualification for the rehabilitation professionfals not included in the Schedule may apply to' the Central Government to have any such qualifica- tion recognised, and the Central Government, after consulting the Council may, by notification, amend the Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the Schedule against such qualification only when granted after a specified date.
SECTION 12: RECOGNITION OF QUALIFICATIONS GRANTED BY INSTITUTIONS OUTSIDE INDIA
- The Council may enter into negotiations with the authority in any country outside India for settling of a scheme or reci- procity for the recognition of qualifications, and in pursuance of any such scheme, the Central Govern- ment may, by notification, amend the Schedule so as to include therein any qualification which the Council has decided should be recognised, and by such notification may also direct that an entry shall be made in the last column of the Schedule declaring that it shall be the recognition qualifications only when granted after a specified date.
SECTION 13: RIGHTS OF PERSONS POSSESSING QUALIFICATIONS INCLUDED IN THE SCHEDULE TO BE ENROLLED
(1) Subject to the other provisions contained in this Act, any qualification included in the Schedule shall be sufficient qualification for enrolment on the Register.
(2) No person, other than the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the Register,-
(a) shall hold office as rehabilitation professional or any such office (by whatever designation called) in Government or in any institution maintained by a local or other authority;
(b) shall practice as rehabilitation professional anywhere in India;
(c) shall be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by a rehabilitation professional;
(d) shall be entitled to give any evidence in any Court as an expert undersection 45 of the Indian Evidence Act, 1872of any matter relating to the handicapped : Provided that if a person possesses the recognized rehabilitation professional qualifications on the date of commencement of this Act, he shall be deemed to be an enrolled rehabilitation professional for a period of six months from the commencement, and if he has made an application for enrolment on the Register within said period of six months, till such application is disposed of.
9"(2A) Notwithstanding anything contained in sub-section (2), any person being a doctor or a paramedic in the field of physical medicine and rehabilitation, orthopaedics, ear, nose or throat (ENT), ophthalmology or psychiatry, employed or working in any hospital or establishment owned or controlled by the Central Government or a State Government or any other body funded by the Central or a State Government and notified by the Central Government, may discharge the functions referred to in clauses (a) to (a) of that sub-section.".
(3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
SECTION 14: POWER TO REQUIRE INFORMATION AS TO. COURSES OF STUDY AND EXAMINATIONS
- Every Univer- sity or institution in India which grants a recognised qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtain- ing such qualification.
SECTION 15: INSPECTORS AT EXAMINATIONS
(1) The Council shall appoint such number of Inspectors as it may deem requisite to inspect any University or institution where education for practising as rehabilita- tion professionals is given or to attend any examination held by any University or institution for the purpose of recommending to the Central Government recognition of qualifications granted by the Uni- versity or institution as recognised rehabilitation qualifications.
(2) The Inspectors appointed under sub-section ( 1 ) shall not interfere with the conduct of any training or examination but shall report to the Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving such edu- cation or of the sufficiency of every examination which they attend.
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