Rehabilitation Council Act of India Act 1992 - Functions of the Council

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CHAPTER III - Funtions of the Council

Recognition of qualifications granted by University etc., in India for Rehabilitation Professionals

      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.

Recognition of qualification by Institutions outside India

      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.

Rights of persons possessing qualifications included in the schedule to be enrolled

        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-

   1. 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;

   2. shall practice as rehabilitation professional anywhere in India;

   3. shall be entitled to sign or  authenticate any certificate required by any law to be signed or authenticated by a rehabilitation professional

   4. 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

Power to require information as to courses of study and examination

        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

Inspectors at examinations

       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.

Visitors examination

       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

Withdrawal of recognition

    When upon report by the Inspector or the Visitor it appears to the Council:-

   1.  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

   2. 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.

Minimum standards of education

        The Council may prescribed the minimum standards of education required for granting recognized rehabilitation qualification by Universities or institutions in India.

Registration in Register

         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.

Privileges of persons who are registered on Register

      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

Professional Conduct and removal of names from Register

       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 -

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

   2. 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

Appeal against Order of removal from Register

      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

Register

      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.

Information to be furnished by council and publication thereof

      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.

Cognizance of offenses

        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

Protection of action taken in good faith

      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.

Employees of Council to be public servants

     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.

Power to make rules

     The Central Government may, by notification, make rules to carry out the purposes of this Act.                  

Power to make regulations

      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-

   1. the management of the property of the council;

   2. the maintenance and audit of the account of the council;

   3. the resignation of members of the council;

   4. the powers and duties of the Chairperson;

   5. the rules of procedure in the transaction business under sub-section (3) of section 4;
  
   6. the function of the Executive Committee and other committee constituted under section 7;

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

   8. the qualification, appointment powers and duties of, and procedure to be followed by Inspectors and Visitors;

   9. 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:

  10. the standards of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professionals;

  11. the conduct of examination, qualification of examiners, and the condition of the admission to such examinations;

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

  13. the particulars to be stated, and proof of qualification to be given, in application for registration under this Act;

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

  15. the fees to be paid on application and appeals under this Act;

  16. any other matter which is to be, or may be, prescribed.

Laying of rules and regulations before Parliament

        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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