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Rehabilitation Council Act of India Act 1992

CHAPTER II - The Rehabilitation Council of India


Constitution and incorporation of 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:-

   1. a Chairperson, from amongst the persons having experience in social work or rehabilitation, to be appointed by the Central Govt.;

   2. three members to be appointed by the Central Government to represent respectively the Ministers of the Central Government dealing with -

          * Welfare
          * Health and
          * Finance

   3. one member to be appointed by the Central Government to represent the University Grants Commission;

   4. one member to be appointed by the Central Government to represent the Directors General of Indian Council of Medical Research;

   5. 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.
   6. 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;

   7. 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;

   8. Three members of Parliament of whom two shall be elected by the house of the People and one by the Council of States;

         1. 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;
         2. The Members-Secretary ex-officio

   9. 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

Term of office of Chairperson and Members         

     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

Disqualification

     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-                           

  1. is, or become of unsound mind or is so declared by a competent court; or
  2. is, or has been, convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or
  3. is, or at any time has been adjudicated as insolvent

Vacation of office by members: If a member-

   1. becomes subject to any of the disqualification mentioned in by members section 5; or
   2. is absent without excuse, sufficient in the opinion of the council  from three consecutive meeting of the Council; or
   3. 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;

Executive Committee and other Committees

       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

Member Secretary and Employees of Council

      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.

Vacancies in the Council not to invalidate date acts,......etc.

       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.

Dissolution of Rehabilitation Council and transfer of right

       On and from the date of the constitution of the Council, the Rehabilitation Council shall stand dissolved and on such dissolution:-    

   1. all properties and assets, movable and immovable, of or belonging Council and to, the Rehabilitation Council shall vest in the Council.    

   2. all the rights and liabilities of the Rehabilitation Council shall be transferred to, and be the rights and liabilities of, the Council;   
    
   3. 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;

   4. all sums of money due to the Rehabilitation Council immediately before that date shall be deemed to be due to the Council;

   5. 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

   6. 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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