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1997-03-27

Rehabilitation Council Of India Regulations, 1997

Act Short Title:	The Rehabilitation Council of India Act, 1992
Act ID:	199234
Act Number:	34
Enactment Date:	1992-09-01
Act Year:	1992
Long Title:	An 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.
Enforcement Date:	31-07-1993
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Related Section(s)

Section 14 : Power to require information as to courses of study and examinations.

Every University 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 obtaining such qualification.

Section 7 : 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 then seven and not more than ten members who shall be nominated by the Council from amongst its members.

(3) The Chairperson 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 21 : Professional conduct and removal of names from Register.

(1) The Council may prescribe standards of professional conduct and etiquette and a code of ethics for rehabilitation professionals.

(2) Regulations made by the Council under sub-section (1) may specify which violations 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.

(3) 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,--

(i) that his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact;

(ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect, or has violated the standards 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.

(4) 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.

Section 4 : 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) A casual vacancy in the Council shall be filled in accordance with the provisions of section 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 8 : 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 direction 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 the previous sanction of the Central Government, fix the allowances to be paid to the Chairperson and other members and determine the conditions of service of the Member-Secretary, officers and other employees of the Council.

Section 15 : Inspectors as 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 rehabilitation 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 that University 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 education or of the sufficiency of every examination which they attend.

(3) 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.

Section 29 : Power to make regulations.

The Council may, with the previous sanction of the Central Government, make, by notification, regulations generally to carry out the purposes of this Act, and without prejudice to the generality of the foregoing power, such regulations may provide for--

(a) the management of the property of the Council;

(b) the maintenance and audit of the accounts of the Council;

(d) the powers and duties of the Chairperson;

(e) the rules of procedure in the transaction of business under sub-section (3) of section 4;

(f) the function of the Executive Committee and other committees, constituted under section 7;

(g) the powers and duties of the Member-Secretary under sub-section (1) of section 8;

(h) the qualifications, appointment, powers and duties of, and procedure to be followed by, Inspectors and Visitors;

(i) the courses and period of study or of training, to be undertaken, the subjects of examination and standards of proficiency therein to be obtained in any University or any institution for grant of recognised rehabilitation qualification;

(j) the standards of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professionals;

(k) the conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations;

(l) the standards of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals under sub-section (1) of section 21;

(m) the particulars to be stated, and proof of qualifications to be given, in application for registration under this Act;

(n) the manner in which and the conditions subject to which an appeal may be preferred under sub-section (1) of section 22;

(o) the fees to be paid on applications and appeals under this Act;

(p) any other matter which is to be, or may be, prescribed.

Section 22 : Appeal against order of removal from Register.

(1) 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 the payment of a fee, as may be prescribed to the Central Government whose decision thereon shall be final.

(2) No appeal under sub-section (1) shall be admitted if it is preferred after the expiry of a ¹[period of sixty 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 ¹[period of sixty days] if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the said period.

1. Subs. by Act 38 of 2000, s. 7, for "period of thirty days" (w.e.f. 4-9-2000).