REHABILITATION COUNCIL ACT OF INDIA 1992
CHAPTER I - PRELIMINARY
- Short title and Commencement
- Definition
- Rehabilitation Professional
CHAPTER II - REHABILITATION COUNCIL OF INDIA
- Constitution and incorporation of Rehabilitation Council of India
- Term of office of Chairperson and Members.
- Disqualification.
- Vacation of office by members
- Executive Committee and other Committees
- Member Secretary and Employees of Council
- Vacancies in the Council not to invalidate date acts, etc.
- Dissolution of Rehabilitation Council and transfer of right
CHAPTER III - FUNCTIONS OF THE COUNCIL
- Recognition of qualifications granted by University
etc., in India for Rehabilitation Professionals.
- Recognition of qualification by Institutions outside
India
- Rights of persons possessing qualifications included in the schedule to
be enrolled
- Power to require information as to courses of study and examination
- Inspectors at examinations
- Visitors examination
- Withdrawal of recognition
- Minimum standards of education
- Registration in Register
- Privileges of persons who are registered on Register
- Professional Conduct and removal of names from Register
- Appeal against Order of removal from Register
- Register
- Information to be furnished by council and publication thereof
- Cognizance of offenses
- Protection of action taken in good faith
- Employees of Council to be public servants
- Power to make rules
- Power to make regulations
- Laying of rules and regulations before Parliament
THE SCHEDULE
THE REHABILITATION
COUNCIL OF INDIA ACT 1992
No. 34 of 1992
(1st September, 1992)
An Act to provide for the constitution
of Rehabilitation Council of India for regulating the training of rehabilitation
professionals and 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 I - PARLIAMENTARY
This Act may be called the Rehabilitation Council of India Act,1992
It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
- "Chairperson" means the Chairperson of the Council appointed
under sub-section (3) section 3;
- "Council" means the Rehabilitation Council of India constituted
under section 3;
- "handicapped" means a person-
- visually handicapped;
- hearing handicapped ;
- suffering from locomotor disability; or
- suffering from mental retardation;
- "hearing handicapped" means with hearing impairment of 70 decibels
and above, in better ear or total loss of hearing in both ears;
- "locomotor disability" means a person's inability to execute
distinctive activities associated with moving, both himself and objects from
place to place and such inability resulting from affliction of either bones
joints muscles or nerves;
- "member" means a member appointed under sub-section (3) of section 3 and includes the Chairperson;
- "Member-Secretary" means the Member-Secretary appointed under
sub-section (1) of section 8;
- "mental retardation" means a condition of arrested or incomplete
development of mind of person which is specially characterized by sub-normality
of intelligence;
- "notification means" a notification published in the Official
Gazette;
- "prescribed" means prescribed by regulation;
- "recognized rehabilitation qualifications" means any of the
qualifications included in the Schedule;
- "Register" means the Central Rehabilitation Register maintained
under sub-section (1) of section 23;
- "regulation" means regulation made under
the Act;
"rehabilitation professional" means-
- audiologists and speech therapists;
clinical psychologists;
- hearing aid and ear mould technicians;
- rehabilitation engineers and technicians;
- special teachers for educating and training the handicapped;
- vocational counselors, employment officers and placement
officers dealing with handicapped;
- multi-purpose rehabilitation therapists,
technicians;
or
- such other category of professionals as the Central
Government may, in consultation with the Council, notify from time to time;
- "visually handicapped" means a persons who
suffers from any of the following conditions namely -
- total absence of sight;
- visual acquity not exceeding 6/60 or 20/200(snellen)
in the better eye with the correcting lenses; or
- limitation of the field of vision subtending and angle
of degree or worse.
Any reference in this Act to any enactment or any provision
thereof shall, in relation to an area in which such enactment or such provision
is not in force, be construed as a reference to the corresponding law or the
relevant provision of the corresponding law is any in force is that area.
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CHAPTER II - The Rehabilitation Council of India
With
effect from such date as the Central Government may, by
notification, appoint in this behalf, there shall be constituted for
the purposes of this Act a Council to be called the Rehabilitation
Council of India.
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 property both movable and immovable and to contact and shall by the
said name sue and be sued
The Council shall consist of the following members,
namely:-
- a Chairperson, from amongst the persons having experience
in social work or rehabilitation, to be appointed by the Central Govt.;
- three members to be appointed by the Central Government
to
represent respectively the Ministers of the Central Government dealing with -
- Welfare
- Health and
- Finance
- one member to be appointed by the Central Government
to
represent the University Grants Commission;
- one member to be appointed by the Central Government to represent the
Directors General of Indian Council of Medical Research;
- 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.
- such number of members not exceeding six as many be
appointed by the Central Government from amongst the rehabilitation professionals
representatives working in voluntary organization;
- such number of members not exceeding six as many be
appointed by the Central Government from amongst the medical practitioners enrolled
under the Indian Medical Council Act 1956 and engaged in rehabilitation of the
handicapped;
- Three members of Parliament of whom two shall be elected
by the house of the People and one by the Council of States;
- such number of members not exceeding three as may
be nominated by the Central Government from amongst the social workers who are
actively engaged in assisting the disabled;
- The Members-Secretary ex-officio
- The office of member of the board all not disqualify
its holder for being chosen as, or for being a Member of either House of Parliament
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The
Chairperson or a member shall hold a 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
A casual vacancy in the Council shall be filled in
accordance with the provisions of sections 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
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
presented
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
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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
No. Person shall be a member if he-
- is, or become of unsound mind or is so declared by a
competent court; or
- is, or has been, convicted of any offence which, in
the opinion of the Central Government, involves moral turpitude; or
- is, or at any time has been adjudicated as insolvent
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If a member-
- becomes subject to any of the disqualification mentioned
in by members section 5; or
- is absent without excuse, sufficient in the opinion
of the council from three consecutive meeting of the Council; or
- ceases to be enrolled on the Indian Medical Register
in the case of a member referred to in clause (g) of sub-section (3) of section
3;
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The Council shall constitute from amongst its members
an Executive Committee and such other committee for general or special purposes
as the Council deems necessary to carry out the purposes of this Act.
The Executive Committee shall consist of the Chairperson
who
shall be member who shall be nominated by the Council
from amongst its members.
The Chairperson shall be the Chairperson of the Executive Committee
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
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The Central Government shall
appoint the Member-Secretary of the Member Council to exercise such powers and
perform such duties under the direction of the Council as may be prescribed
or as may be delegated to him by the Chairperson
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
The Council shall, with the previous sanction of the
Central Government fix the allowances to be paid to the Chairperson and other
members and determine the conditions of services of the Member-Secretary, officers
and other employees of the Council.
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No act or proceeding of the Council or any committee thereof
shall Vacancies in the be called in question on the ground merely of the existence
of any council or a committee thereof as the case may be.
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On and from the date of the constitution of the Council,
the Rehabilitation Council shall stand dissolved and on such dissolution:-
- all properties and assets,
movable and immovable, of or belonging Council and to, the Rehabilitation Council
shall vest in the Council.
- all the rights and liabilities
of the Rehabilitation Council shall be transferred to, and be the rights and
liabilities of, the Council;
- without prejudice to the provision
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 the 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;
- all sums of money due to the Rehabilitation Council immediately
before that date shall be deemed to be due to the Council;
- all suits and other legal proceedings instituted or which
could have been instiuted by or against the Rehabilitation Council immediately
before that date may be continued or may be instituted by or against the Council;
and
- 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 the date of such employee opts
not to be the employee of the Council within such period.
Notwithstanding anything contained
in the Industrial Disputes Act, 1947 or 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 and registered under the Societies
Act, 1860 and functioning as such immediately before the constitution of the
Council.
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CHAPTER III - FUNCTIONS OF THE COUNCIL
The qualification granted
by any University or other institution in India which are included in the Schedule
shall be recognized qualifications for rehabilitation professional
Any University or other
institution which grants qualification for the rehabilitation professional not
included in the schedule may apply to the Central Government to have any such
qualification recognized 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 qualifications only when granted
after a specified date.
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12 The Council may enter into
negotiation with the authority in any country outside India for settling of
a scheme or reciprocity for the recognition of qualifications, and the pursuance
of any such Scheme, the Central Government may, by notification amend the schedule
so as to include therein any qualification which the Council has decided should
be recognized 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 recognized
qualification only when granted after a specified date.
Subject to the other provisions
contained in this Act, any
qualification included in the
Schedule shall be sufficient qualifications for enrolment on the Register.
No person, other than the
rehabilitation professional who process a recognized rehabilitation qualification
and is enrolled in the Register-
- 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;
- shall practice as rehabilitation
professional anywhere in India;
- shall be entitled to sign
or authenticate any certificate required by any law to be signed or authenticated
by a rehabilitation professional
- shall be entitled to give
any evidence in any court as an expert under section 45 of the Indian Evidence
Act, 1872 in any matter relating to the handicapped:
Provided that if a person possesses
the recognized rehabilitation
professional qualification 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 such commencement, and if he has
made an application for enrolment on the Register within said period for six
months, till such application is disposed of.
Any person who acts in contravention
of any provision of subsection (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
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Every university or institution
in India which grants a recognized 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 obtaining
such qualification
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The Council shall appoint
such member of Inspector as it may deem requisite to inspect any University
or Institution where education for practicing as rehabilitation professional
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 that University or Institution as recognized rehabilitation qualifications.
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 education or of the sufficiency of every examination
which they attend.
The Council shall forward a copy of the report of the Inspector under sub-section
(2) to the University or Institution concerned and shall also forward a copy,
with the remarks of the University or the Institution thereon, to the Central
Government.
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The Council may appoint
such number Visitors as it may deem requisite to inspect any University or institution
wherein education for rehabilitation professional is given or attend any examination
for the purpose of granting recognized rehabilitation qualifications.
Any persons whether he is
a member of the Council or not,may be appointed as a visitor under sub-section
(1) but a person who is appointed as an Inspector under sub-section (1) of section
15 for any inspection or examination shall not be appointed as a Visitor for
the same inspection or examination.
The Visitor shall not interfere
with the conduct of any training or examination but shall report to the Chairperson
on the adequacy of the standards of education including staff, equipment, accommodation,
training and other facilities prescribed for giving education to the rehabilitation
professionals or on sufficiency of every examination which they attend.
The report of a Visitor
shall be treated as confidential unless in any particular case the Chairperson
otherwise, directs;
Provided that if the Central Government requires a copy of the report of a
Visitor the Council shall furnish the Same
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When upon report by the
Inspector or the Visitor it appears to the Council:-
- that the courses of study
and examination to be undergone in or the proficiency required from candidates
at any examination held by any University or institution, or
- that the staff, equipment,
accommodation training and other facilities for instruction and training provided
in such University or institution do not conform to the standard prescribed
by the Council, the Council shall make representation to that effect to the
Central Government
After considering such
representation the Central Government may send it to the University or institution
with an intimation of the period within which the University or institution
may submit its explanation to that Government
On the receipt of the explanation or where no explanation is submitted
within the period fixed then, on the expiry of that period, the Central Government
after making such further inquiry if any, as it may think fit, may, by notification,
direct that an entry shall be made in the schedule against the said recognized
rehabilitation qualification declaring that it shall be the recognized rehabilitation
qualification only when granted before a specified date or that the said recognized
rehabilitation qualification if granted to students of a specified University
or institution shall be recognized rehabilitation qualification only when granted
before a specified date, or as the case may be that the said recognized rehabilitation
qualification shall be recognized rehabilitation qualification in relation to
a specified University or institution only when granted after a specified date.
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The Council may prescribed
the minimum standards of education required for granting recognized rehabilitation
qualification by Universities or institutions in India.
The Member-Secretary of the
Council may, on report of an application made by any person in the prescribed
manner enter his name in the in Register provided that the Member-Secretary
is satisfied that such person possess recognized rehabilitation qualification.
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Subject to the condition
and restriction laid down in this Act
regarding engagement in the area
of rehabilitation of the handicapped by person possessing the recognized rehabilitation
qualifications, every person whose name is for the time being borne on the Register
shall be entitled to practice as a rehabilitation professional in any part
of India and to recover in due course of law in respect of such practice any
expenses, charges is respect of medicaments or other appliances or any fees
to which he may be entitled
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The Council may prescribe
standards of professional conduct and etiquette and a code of ethics for rehabilitation
professionals.
Regulations made by the Council under sub-section (1) may specify which
violation thereof shall constitute infamous conduct in any professional respect,
that is to say, professional misconduct, and such provision shall have effect
notwithstanding anything contained in any other law for the time being in force.
The Council may order
that the name of any person shall be removed from the Register where it is satisfied,
after giving that person a reasonable opportunity of being heard and after such
further inquiry, if any as it may deem fit to make -
- that his name has been
entered in the Register by error or on account of misrepresentation or suppression
of a material fact;
- that he has convicted
of any offence or has been guilty of any infamous conduct in any professional
respect, or has violated the standard of professional conduct and etiquette
or the code of ethics prescribed under sub-section (1) which, in the opinion
of the Council, renders him unfit to be kept in the Register
An order under sub-section (3) may direct that any person whose name
is ordered to be removed from the Register shall be ineligible for registration
under this Act either permanently or for such period of years as may be specified
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Where the name of any
person has been removed from the Register on any ground other than that he is
not possessed of the requisite rehabilitation qualifications, he may appeal,
in the prescribed manner and subject to such conditions, including conditions
as to payment of a fee, as may be prescribed to the Central Government whose
decision thereon shall be final.
No appeal under sub-section
(1) shall be admitted if it is preferred after the expiry of a period of thirty
days from the date of the order under sub-section (3) of section 21:
Provided that an appeal may be admitted after the expiry of the said period
of thirty days if the appellant satisfies the Central Government that he had
sufficient cause for not preferring the appeal within the said period
It shall be the duty of
the Member-Secretary to keep and maintain the Register in accordance with the
provision of this Act and any order made by the Council and from time to time
to revise the Register and publish it in the Official Gazette.
The Register shall be deemed to be a public document within the meaning
of the Indian Evidence Act 1872 and may be proved by a copy thereof.
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The Council shall furnish such reports copies of its minutes abstracts
of its accounts and other information to the Central Government as that
Government may
require
The Central Government may publish in such manner as it may think fit,
any report, copy abstract or other information furnished to it by the Council
under this section or under section 16.
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Notwithstanding anything contained in the code of Criminal procedure 1973,
no court shall take cognizance of an offence punishable under this Act expect
upon a complaint, in writing, made by any person authorised in this behalf by
the Council
No suit, prosecution or other legal proceeding shall lie against the Central
Government, Council Chairperson, members, Member-Secretary or any officer or
other employee of the Council for anything which is in good faith done or intended
to be done under this Act.
The Chairperson members, Member-Secretary, officers and other employees
of the Council shall, while acting or purporting to act in pursuance of the
provisions of this Act or of any rule and regulation made thereunder be deemed
to be public servants within the meaning of section 21 of the Indian Penal Code.
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The Central Government
may, by notification, make rules to carry out the purposes of this
Act.
The Council may, with the
previous sanction of the Central Government, make, by notification, regulation
generally to carry out the purpose of this Act, and without prejudice to the
generality of the foregoing power, such regulations may provide for-
- the management of the property of the council;
- the maintenance and audit of the account of the council;
- the resignation of members of the council;
- the powers and duties of the Chairperson;
- the rules of procedure in the transaction business under sub-section (3) of section 4;
- the function of the Executive Committee and other committee constituted under section 7;
- the powers and duties of the Member-Secretary under sub-section (1) of the section 8;
- the qualification, appointment powers and duties of, and procedure to be followed by Inspectors and Visitors;
- the
courses and period of study or of training to be undertaken the subject
of examination and standards of proficiency therein to be obtained in
any university or any institution for grant of recognized
rehabilitation qualification:
- the standards of staff, equipment, accommodation, training
and other facilities for study or training of the rehabilitation
professionals;
- the conduct of examination, qualification of examiners, and the condition of the admission to such examinations;
- the
standards of professional conduct and etiquette and code of ethics to
be observed by rehabilitation professional under sub-section (1) of
section 21;
- the particulars to be stated, and proof of qualification to be given, in application for registration under this Act;
- the manner in which and the condition subject to which an appeal may be preferred under sub-section (1) of section 22;
- the fees to be paid on application and appeals under this Act;
- any other matter which is to be, or may be, prescribed.
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3o Every rule and every regulation
made under this Act shall be laid as soon as may be after it is made, before
each House of Parliament, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive sessions
and if, before the expiry of the session immediately following the session or
the successive session aforesaid, both Houses agree in making any modification
in the rule or regulation or both Houses agree that the rule or regulation should
not be made, the rule or regulation shall thereafter have effect only in such
modified from 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 of anything
previously done under that rule or regulation.
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