Chhattisgarh act 004 of 2016 : The Chhattisgarh Council for Physiotherapy and Occupational Therapy Act, 2015

(s) qftsd + stff rr qiT e{fuftqc} crqEr$ } Ent srem einifu {S rtM aan 6-dq, * ft qfts(+ erfl qrsr& strtng€ sft Frwrfrd ftAfled, nfo$q"r fi+tarqe+?miEQ qk qr qffi* ERrugff \,?i t{qnRd ffi qnifr

, $qr ft nrsc ERr ft {Rn ft q qri;

(r)

(2)

25.

(r)

(2)

(rr) qfts-{i ffGd €rft {qfu, sTfoficqrffqrdtqfu}elrra, srrs{nftRa +t.

13

s+{rrd {rqqd, furi+ ts wr+Q zolo ftfi il{rt sfi {reft.

ftkcc {{rt dt {Ift(.

27.

(3) sq-Em ( r )+ ejiFfu, qrts{fut4{rf frRHE e{er*qlr ff ErdrqFr # qcrfu qT, {RFI-

(6 ) BrftI-rculff anarq&ulQ$ GrFn*6rdrdRr* frqftr

(s) ftQatftiqftq-Sffigokoielrft nmc+{dsg+fi neteqfirERr, qftslsqsr&ffqc+uffi ft 6rqier{+ftqftqq a-qr€4 ft.

(r)

qftrq, Eq sreftqc + stnh Fs+ s,ld + fiqEi *1 qcsf firi si{ E€ srRIRqc + qffi + frqt-qcr * fte lrr€{ Bl Ed ergtrsi } {Tar ftRqc q ( r ) + ir*trrffi+1ar*-arutukqay:rr

(21

(6)

(u)

(TI)

(u) (e) (?)

(B)

qftw-(S{rfu6rqtitr<; vftrq* tutefr w ergieq sfl{ ftil qtsur; qftq{t wqd6r qrFrd;

qfts-{ofri 3q-e €ftfre1+ orcon + *ia-+6n }g qBur * ftqc; qfr Frll ff fu k tgqBqr, s{+ x,d ofi{ n-f'q; qfts-( + s{Brsr$ qi se+ affirur # ftgk + ft! fu, yBqr, s+Snkqiefi{6dq;

ftnqrieriqRrerqr$qr gtffii*q,drqfu 1,ri wgrr, vften * ftqq Ri fufril*elifr€ S{ q@sri-d e)tft-€ ff crqdr fiq sqr& S u-

ftMaltft€ sfu e]iq$fid &Fe t errar{ errrar rfrrevr fu efu, 3q6{sr, sTrarq, uRrqur aw we gfurrcfi 6r ltrr$; q0ercnql sr+s{, qffsm1fffu e,ft w q$arel t qfu fi srff;

frffl*itfte eft or@vra elifu€ erfl qr.rr fts qr+ qA qeqrfud sn?R, Rret?n dl enqn dErr S crrs; tfr, ffiaErnfr, ffi qgadi sr*d rqa ff w^q+, + fts cfrqr sftrrff;

E< o&ffae* eimla snHd{3rda1+fts gr-anfuga; (q)

14

(s) +)$e-q{rre,*ftrftr?dqrffiqri#r{tm-fld

(3) vrs<, rqrdir-orRrd olfoqrnam, va um* ettrcd-{rs rrn ffi fdftqci q]ftuft-g( qr {qil&R otr+S t dt gsftd ftftqrr mr sqrf,{sr, qpffiqft , ftqqr$ qQrar nqrd dvrgft.

ts. (r) 6 or&frllt ur-+ur

q{g5s ernr+ siadd +ti rff sTrarr Fq eTFrftqq + yRq A+ ff drtr* * d^qfr +1oranfu * er+sn * qwqr$ e

(21 Es Em+ eiaddfirA rdn-+s s{r&rq€+ E-{rnqri t qsaq qqqfts u*$l6 ftqrm{r* q-d qr rddr$i.

30. (l) qEtqqronqrq{qflerqdgnrtfts-€eTrqsr6tsrQrqrtgr6a{rqffi{i, q-tqfl 6i ri{ffkd d+4, nsrr*ir*fin eeqfirenr, qgqffot{rfrfuam seiift iqr q1q;ft qri dl sr&a. a-qvn rfu ilkt*.r${F$qr\,rft .

(2) sq-qrir (1) + eiarfu qrir#'rin-e-6 e{ftq-fir, !s+ trrt ffi crt }^qsq qqnftq Bdsrrq Asrrstn* qra qr rdqrsrft .

3r-gq.*

r. &M&fl

\rd. ft-M&frqra-q

a. ftMtlitffsm*t"n

ili. fr.qadi.

z. erfSlr+a&*

c6. etfqiwa&mum+

a. e*qhr+a01mun-+tm

*q. S.sqd.

uagt, fr+i+ rs wr+t, u ore

rri* s;z/$. rzlzr-a/urs./e.1./2016 . -

qrtd*{ftqri* wg&:ar S uuc (:t t ergervr I s

d. +. d-dl. s{ftfmqfos.

15

(No.4 of20l6) TIIE CHHATTISGARH CO{'NCIL FOR PHYSIOTI{ERAPY AND OCCUPATIONAL THERAPY ACT, 2015 Sections

l. Short title, extent and commencement.

2. Definitions.

CIIAPTER.II

CONSTITUTION OF T}IE COTNCIL

3. Constitution and composition ofthe Council.

4. Incorporation ofthe Council.

5. Appointment of registrar.

6. Mode of nomination.

7. Disqualification.

8. Meetings ofthe Council.

9. Executive Committee and other committees.

10. Other employees ofthe Council.

CHAPTER.III

FUNCTIONS OF THE COUNCIL

ll. FunctionsofCouncil-

12. Prior permission for establishment ofnew course of study, etc.

13. Non-recognition ofqualifications in certain cases.

14. Time for seeking permission for certain existing institutions, etc.

15. Recognition ofqualifications granted by Universities, etc. in India.

16. Professionalconduct. CTIAPTER-I

PRELIMINARY

CIIAPTER.IV

FINANCE

17. Income ofCouncil.

18. Funds ofthe Council.

19. Budget.

20. Annual report.

16

CHASIER.V

PREPARA.TION AND MAINTENANCE OF REGISTER

21. Persons eltitled to registratioir. D. Certificateofregistratiol n. Removal of name from the rcgiste( CHAPTERf

OFFENCES AND PENALry

Conferring granting or issuing Ph.D., Post-graduation and Graduation degree, etc. by unauthodzed person or institution.

CTIAPTER.VII

MISCELI-ANEOUS x.

'26.

27.

28.

D.

30.

Directions by tle GoYernmenl Power to supersede the Council. Powertomake rules.

Power to make reguletions. Power to remove difficulties. Power to amend Schedule. Schedule

17

CHHATTISGARH ACT

(No.4 of20l6)

THE CHHATTISGARH COUNCIL FOR PIIYSIOTIIERAPY AND OCCTJPATIONAL

THERAPY ACI 2OI5

An Act to provide for the establishment of the Chhattisgarh Council for Physiotherapy and Occupational Therapy for the purpose ofcoordination and determination ofstandards ofeducation and ofpractice in the field ofPhysiotherapy and Occupational Therapy, for the maintenance of a register of Physiotherapists and Occupational Therapists in the State, and formatters connected therewith or incidental ther€to. Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year ofthe Republic of India, as follows :-

CHAPTER-I

PRELIMINARY

This Act may be called the Chhattisgarh Council for Physiotherapy and Occupational Therapy Act, 2015.

lt extends to the whole State ofChhattisgarh.

lt shall come into force on such date as the Covemmentmay, by notification in the the Official Gazette, appoint:

Provided that different dates may be appointed dififerent provisions olthis Act.

l. (t)

Q)

(3)

Defini tions, In this Act, unless the context otherwise requires,-

(a) "Council" means the Chhattisgarh Council for Physiotherapy and Occupational Therapy constituted under Section 3; (e)

"Govemment" means the Government olChhattisgarh;

"lnstitution" means any institution recognised by the State Govemment or the Council, within or outside India, which grants Graduation Degree, Post Graduation DegreeorPh.D. in Physiotherapy or Occupational Therapy, as the case may be;

"Occupational Therapist" means a person who possess recognised Occupational Therapy qualification and whose name has been enrolled or deemed to have been enrolled in the Register of Occupational Therapists;

"Occupational Therapy" means a branch of health care system, which involves application of purposeful goal oriented activity through latest technology with computerised system and the like treatment of a person whose function is impaired due to acute and chronic physical illnesses or injury psychological dysfunction, congenital or developmental disability or ageing process in order to achieve optimum functioning, to prevent disability and to maintain health;

"Physiotherapist" means a person who possesses recognised Physiotherapy qualification and whose name has been enrolled or deemed to have been enrolledⁱⁿ the Register or Physiorherapisrs:

(b)

(c)

(d)

(0

18

"Physiotherapy" means a branch ofmodem medical science which includes examination, assessment, interpretation, physical test, planning and execution of Physiotherapy treatment and to adyice, instructions to any person preparatory to or forthe purpose ofor in connection with preventing, correcting, alleviating and limiting dysfunction, acute and chronic bodily malfunction including life saving measures via chest physiotherapy in the intensive care units, curing physical disorders or disability promoting physical fitness, facilitating healing and pain reliefand treatment ofphysical and psychosomatic disorders through modulating physiological and physical responses using physical agents, activities and devices including exercises, mobilization, manipulation, therapeutic ultrasound, electrical, thermal agents and eiectrotherapy and to facilitate similar other techniques for physiotherapy treatment and prevention;

"Prescribed" means prescribed by rules made under this Act;

"President" means the President ofthe Council;

"Profession" means the Profession of Physiotherapy or Occupational Therapy, as the case may be;

"'Recognised Physiotherapy qualifi cation" or "Recognised Occupational Therapy qualification" means qualification in Physiotherapy or Occupational Therapy, as a regular student, as the case may be, obtained from an institution ofPhysiotherapy or Occupational Therapy recognised by The Council, as mentioned in the Schedules.

"Register" means the Register of Physiotherapists and Occupational Therapists, as the case may be, prepared under sub-section (2) ofSection 21 ofthis Act and maintaned by the Council under this Act;

"Registrered practitioner" means a Physiotherapist or Occupational Therapist, as the case may be, whose name is entered and continues to remain in the Register ofthe Council;

"Registraa' means the Registrar of the Council, appointed under sub-section⁽ 1) of Section 6t

"Regulation" means a regulation made by the Council under this Act;

"Rule" means a rule made under this Act:

"Specific Occupational Therapy Services" means and include but are not limited to education and training in Activities of Daily Living, the design, fabrication and application ofor splints, guidance in the selection and use of adaptive equipments, therapeutic activities to enhance functional performances, prevocational evaluation and training and consultation conceming the adaptation of physical environments, which may be provided to individuals or groups, and to both indoor and outdoor patients;

"Schedule" means the Schedule appended to this Act;

"Section" means a section ofthis Act;

"State" means lhe State of Chhattisgarh:

(h)

o

(j)

(k)

o

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(t)

19

"University" means any University recognised by the University Grant Commission or a University recognised by the Covemment or any such institution ofnational impoftance as declared by the Parliament by law.

CHAPTER.II

CONSTITUTION OF THE COUNCIL

(l) The Government shall, as soon as may be after the commencement of this Act, constitute a Council to be called the Chhattisgarh Council for Physiotheapy and Occupational Therapy.

Q)

The Council shall consist ofthe following members, namely :

The Director, Medical Education, Covernment ofChlattisagrh who shall be President (Ex-officio);

The Director, Health Services, Govemment of Chhattisgarh (Ex-officio);

Two members ftom Physiotherapists, out of which one shall be Principal, Govemment Physiotherapy College and the other shall be nominated by the Govemment ftom amongst the registered practitioners enrolled in the register of physiotherapist; Two members from among Occupational Therapist, to be nominated by the Government liom amongst the registered practitioners enrolled in the register ofOccupational Therapist;

(v) One member from civil society,tlon Government Organization, working in the health seclor, to be nomimated by the State Government.

The Council shall be a body corporate by the name "Chlattisgarh Council for Physiotherapy and Occupational Therapy" having perpetual succession and a common seal, with the powerto acquire, hold and dispose ofproperties, both movable and immovable, and shall by the said name sue or be sued.

0) The Council shall, with the prior consent of the Govemment, appoint a Registrar having such qualifications as may be prescribed. The Registrar shall be the Secretary and the Executive Officer ofthe Council and shall attend all meetings ofthe Council, keep minutes of the meetings and names ofmembers present.

The accounts ofthe Council shall be kept by the Registrar in the prescribed mannet

The Registrar shall have such supervisory powers over the staff as may be presoibed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed. Nomination ofa member ofthe Council shall be made forsuch term and in such mamer as may be prescribed.

Removal ofa nominated member ofthe Council shall be done in a manner as ma1 be prescribed :

Provided that no such removal shall be done by the Government except after giving such member, a reasonable opportunity ofbeing heard. Constitution and

composition of the

Council.

I ncorporation of

the Co ncil.

3.

4.

(D

(iD (iiD (iv) AppoiItment Registrar. llod e

Nomination.

(2)

(3)

(4)

(t)

Q)

20

G)

He is, or becomes, ofunsound mind and stands so declared by a competent court: or

He is, or has been, convicted ofany offence involvingmoral turpitude, v/hich, in the opinion ofthe Govemment, renders him unfit to be a member of the Council; or

He is, or at any time has been, adjudicated as an un-discharged insolvent; or His name has been removed from the Register and has not been re-entered therein; or

He is awhole-time officer or servant ofthe Council.

Meetings to the Council shall be held at such intervals and in such manner as may be prescribed.

The Executive Committee and other committee shall be constituted in such manner and shall perform such functions and duties as may be prescribed. The Council may appiont such office staffand servants, other than the Registrar, as it may deem necessary for discharging its fuctions and duties under this Act :

Provided that the number and designation of the staff and Class-lV employees, their pay and allowances shall be such as may be prescribed. D isq u alification.

(a)

(b)

(c)

(d)

t0.

Meetings of the

Council.

Executive

Committee and

other committees.

Other employees

of the Council.

C}IAPTER- Itr

FLTNCTIONS OF THE COUNCIL

11, The functions ofthe Council shall be.- Functions Council.

of^the

(a)

(b)

(c)

(d)

to prescribe and enforce the standards of physiotherapy and occupational therapy, education and practices at all levels;

to prescribe a code of ethics for regulating the professional conduct of practitioners in the State;

to maintain the register, and to provide for registration of physiotherapist and occupational therapist for the State;

to advise the Govemment in matters relating to the requirements of man power in the field ofphysiotherapy or occupational therapy; to hear and decide appeals from any decision ofthe Registrar; to reprimand a practitioner, orto suspend or to remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary ofexpedient;

to promote research in the field ofphysiotherapy and occupational therapy; to exercise such power, perform such other duties and discharge such other functions under this Act, or as may be prescribed.

(e)

(0

G)

o)

21

ud{lr6 rrqqd, f6qb 15qfit 2616 Prior permission

for establishm€nt

of new course of

study, etc.

12.

0) Notwithstanding anything contained in any other law for the time being in force, with effect from such date as may be notified by the Govemment,-

(a) No person, o)

No institution, shall - open a new or higher course of study or training (including apostgraduate course of study or training) which would enable a student ofsuch course orkaining to qualiry himself for the award ofany recognised Physiotherapy or Occupational Therapy qualification; or

increase its admission capacity in any course of study or training (including a postgradute course of study or training);

Explanation

except with prior permission of the Government obtained in accordance with the provisions ofthis Section. (1)-For the purposes of this Section, "person" includes any University or a trust or a society or an institution or a company but does not include the Central Government or the State Government. (2)-Forthe purposes of this Section, "admission capacity" in relation to any course of study or training (including postgraduate course of study or training) in any institution, means the maximun number ofstudents that may be fixed by the Council, from time to time, for being admifted to such course or training. Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Govemment a scheme in accordance with the provisions of clause (b), and the Covemment shall refer such scheme to the Council lor its recommendations.

Explanation

(b) The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied by such fee as may be prescribed.

On receipt ofa scheme by the Council under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it liom the person or the institution concemed, and thereafter, it may- If the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or institution concerned formaking a written representation, and it shall be open to such person or institution to rectiry the defects, if any, specified by the Council;

Consider the scheme, having regard to the factors refened to in sub-section (7), and submit the scheme, together with its recommendations thereon, to the State Govemment.

The Governrnent may, after considering the scheme and the recommendations ofthe Council under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by it from the person or institution concerned, and having regard to the factors o

(iD

(a) Q)

(3)

(a) (b)

(4)

referred to in sub-section (7), either approve (with such conditions, ifany, as it may deem necessary) the scheme, in which case such approval shall be deemed to be a permission under sub-section (l) and thereon the State Government may amend the Schedule so as to include the name of such person or institution, or reject the scheme :

Provided that no scheme shalJ be rejected by the Govemment except after giving the person or institution concerned a reasonable opportunity ofbeing heard :

Provided further that nothing in this sub-section shall prevent any person or institution whose scheme has been rejected by the Government to submit a fresh scheme and the provisions ofthis Section shall apply to such scheme, as if such scheme has been submitted for the first time under sub-section (2).

Where within a period ofone year Aom the date ofsubmission ofthe scheme to the Govemment under sub-section (2), no order has been communicated to the person or institution submifting the scheme, it shall be deemed to have been approved by the Govemment in the form in which it had been submitted, and accordingly, the approval ofthe Government required under sub-section (2) shall also be deemed to have been granted. In computing the time limit specified under sub-section (5), the time taken by the person or institution for submitting lhe scheme, in fumishing any particulars called for by the Council, or by the Govemment shall be excluded. The Council, while making its recommendations under clause (b) of sub-section (3) and the Covernment while passing an order, either approving or rejecting the scheme under sub-section (4), shall give due regards to the following factors, namely :-

(a)

whether the proposed institution or the existing institution seeking to open a new or higher course ofstudy or training, would be in a position to olferthe minimum standards ofeducation as prescribed; whether the person seeking to establish an institution or the existing institution seeking to open a new or higher course of study or training or to increase its training or to increase its admission capacity, asthe case may be, has adequate financial resources;

whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning ofthe institution or conducting the new course of study ortraining or accommodating the increased admission capacity have been provided or would be provided within the time limit specified in the scheme;

whether any arrangement has been made or programme drawn to impad raining to students likely to attend such institution or course of study or training by persons having the recognised Physiotherapy or Occupational Therapy, quaiifications, as the case may be;

whethernecessary arrangement has been made or programme drawn to meetthe requirement of manpower in the field of practice of Physiotherapy or Occupational Therapy, as the case my be; (o

(7)

(b) (c) (d) (e)

23

ddqrrE rrdq{, f

of qualificrtions

in certain cases.

(l)13.

a)

(3)

Q)

(0 where the Gov€mment passes an order either approving or rejecting^a scheme under this Section, a copy ofsuch order shall be communicated to the person or institution concemed; and

(g) any other factor as may be prescribed. Any institution established, without prior permission of the Govemment shall not be a recognised institution and any Physiotherapy or Occupational Therapy degree or diploma or certificate issued to any student by such institution shall not be considered as recognised qualification for the purposes of th is Act.

Where any institution opens a new or higher course of study or training (including a postgraduate course ofstudy or training), except with the prior permission ofthe Govemment, no qualification gtanted to any student of such study or taining shall not be a recognised qualification for the purposes of this Act.

Where any institution increases its admission capacity in any course of study or training except with the prior permission of the Govemment, no Physiotherapy or Occupational Therapy qualification gtanted to any student ofsuch institution on the basis of the increase in its admission capacity shall be a recognised Physiotherapy or Occupational Therapy qualification for the purposes ofthis Act.

Explanation - For the purposes ofthis Section, the criteria for identif,ing a student, who has been granted a Physiotherapy or Occupational Therapy qualification on the basis ofsuch increase in the admission capacify shatl be such as may be prescribed.

Ifbefore the commencement ofthis Act, arty person has established an institution or any institution has opened a new or higher course ofstudy or training or increased its admission capacity, such person or institution, as the case may be, shall seek, within a period of one year from the commencement of this Act, the permission of the Govemment.

The qualification (which may be a Graduate or Post Graduate or Ph.D. Degree in physiotherapy or occupational therapy) granted by any University is recognised under this Act.

(l) The Concil may make regulations, and may lay down standards of professional conduct and etiquette and a code ofethics for Physiotherapists and Occupational Therapists.

Regulations made under sub-section (l) may speciry that violations thereof shall constitute professional misconduct and such provision shall have effect notwithstanding anything contained in any law for the time being in force.

Whenever the Regisftar after such enquiry as it thinks fit, recommends that the name ofany person enrolled in the Register of Physiotherapists and Occupational Therapists be removed therefrom, due to professional misconduct, it shallreport to the Council and the Council shall, after such enquiry as it may deem fit, by ordeq direct, the removal of the name of such person from the said Register either permanently or for such period as may be specified in the order.

Time for seeking

permission for

certain existing

i nstitution. efu.

14.

Recognition qualifications grantsd

Universities, in Indir.

Professiooal cond uct.

of 15.

by

rtc.

16.

(3)

(4) Any person aggrieved by an order of the Council may prefer an appeal against that order to the Govemment, in such form and manner as may be prescribed.

(5) On receipt of such appeal, the Government may, alter giving the parties an opportunity ofbeing heard, pass such orders as it may deem fit, which shall be final and binding.

C}IAPTER. TV

FINANCE

17. Income ofthe Council shall consist of.- (, Fees received ftom the practitioner; lncome

Council.

(ii)

(iiD

(l)

Q)

t8. Grants received from the State Government, ifany; and Any other sums received by the Council. All moneys belonging to the Council shall be deposited in such nationalised Funds oI th. banks or invested in such mamer as may be decided by the Council. council. The Council may spend such sums as it think fit for performing its functions under this Act, and such sums shall be treated as expenditure payable under this Act.

The Council shall prepare, in such form and at such time each year as may be Budget. prescribed, a budget in respect ofevery financial year, showing the estimated receipts and expenditure.

The Council shall prepare once in every year, in such form and at such time as may be Annual report. prescribed, an annual report giving a true and full account ofits activities during the previous year

CHAPTER^- V

PREPARATOIN AND MAINTENANCE OF REGISTER

As soon as may be after the appointed day, the Registuar shall prepare and Persons entitled maintain a register of Physiotherapists and Occupational Therapists in the to registration. State in accordance with provisions ofthis Act.

Any person in the State,\,,,ho is trained and has obtained a graduation or post graduation or Ph.D. degree as a regular student from any University or an institution which is duly recognised by the State Govemment and the Council, on payment ofsuch fees as may be prescribed, and on presentation ofhis graduation or post-graduation or Ph.D. degree, as the case may be, shall be entitled to have his name entered in the register.

Any person, who has obtained qualification from outside the State and is registered in the register ofthe State CoLrncil of respective State or if an applicant has qualified as a regular student from any University, his registration may be done in the register in such manner as may be prescribed. The application for registration shall be submitted to the Registrar, who shall, after scrutiny, place it before the concerned committee in its next meeting for its recommendation and therealter place it before the Council along with the recornmendation ofthe committee.

19.

20.

(r)

Q)

21.

(3)

(4)

Bd€rE {rqq-d, frci6 rss€ff:olr Certificate

registration.

Removal oI name

from the register.

(5) The register shall be insuch form and may be divided into such parts as may be prescribed, which shall include the name in full, address, date ofbirth and the qualification of registered physiotherapists and occupational therapists, the date on which the qualification was obtained, and such other particulars as may be prescribed.

D. When the application for registration is accepted, a certificate ofregistration shall be issued in the prescribed form by the Registrar ofthe Council.

The Council may, by order, remove from the register the name of any practitioner who has either been convicted by a court of law, or has been found guilty of professional misconduct after due enquiry.

Ifa registered practitioner, after due inquiry held by the Council or by the Executive Cornmittee in prescribed mannel is found guilty of any misconduct, the Council may,-

Issue a letter ofwarning to such practitioner; or

Direct the name ofsuch practirioner-

to be removed fi'om the register for such period as may be

specified in the direction; or

to be removed from the register permanently.

C}IAPTER - VI

OFFENCES AND PENAI TY

No person other than an institution recognised or autorised under this Act shall confer, grant or issue or hold itselfout as entitled to confer, grant or issue any Ph.D., post-graduation and graduation degree or any other like award stating or implying that the holder, grantee or recipient is qualified to practice Physiotherapy and Occupational therapy, as the case may be. No person, other than a Physiotherapist and Occupational Therapist whose name is entered in the register maintained under this Act, shall practice Physiotherapy and Occupational Therapy.

Any person or institution, who acts in contravention of the provisions of sub-section (t) or (2) and is found guilty therefor, for the first such offence shall be liable to be punished with a penalty ofup to one lakh rupees and for a subsequent offence with imprisonment which may extend upto one year:

Provided that,-

(1)

c)

23.

(i) (ii) (a) (b) Conferring, 24. granting or issuing Ph.D, Post-grrduatioIl and graduation degree, etc, by unauthorised person or

institution. Directions by Covernment.

(l)

(2)

(3)

(l) this provision shall be in addition to and not in derogation of any other law for the time being in force;

no proceedings under this sub-section shall be iritiated without prior permission ofthe Govemment.

CHAPTER-VII

MISCELLANEOUS

The Council shallcarry out such directions as may be issued, from time to tjme, by the Goyemment for efficient administration ofthisAct.

(2)

25. (t)

26

34 (2st

Q) Ii in connection with exercise of its authority and in the discharge of^its flrncstions by the Council under this Act, any dispute arises between the Council and the Government, the decision of the Govemment on such dispute shall be final.

Ifthe Govemment is ofthe opinion that the Council is unable to perform, or has persistently made default in the performance ofthe duty imposed on it by or under this Ac1 or has exceeded or abused its powers, or has wilfully or without sufficient cause failedto complywithany direction issued by the Goverffnent, the Govemment may, by notification published in the Official Gazette, supersede the Council for such period as may be specified in the notification:

Provided that before issuing a notification under this sub-section, the Government shall give reasonable time to the Council to show cause why it should not be superseded and shall consider the explanation and obiections, ifany, ofthe Council.

Upon the publication ofa notification under sub-section (l) superseding the Council,-

all members ofthe Council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members;

all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalfofthe Council shall, duringthe period ofsupersession, be exercised and performed by such person or persons as the Govemment may direct; On expiration ofthe period ofsupersession specified

issued under sub-section (l), Govemment may-

during the period of

in the notification,

extend the period ofsupersession for such further period as it may consider necessary; or

re-constitute the Council in the manner prescribed.

The Council may, by notification and with prior approval of the Govemment, make rules to carry out the purposes ofthis Act.

to

the

(l)26. Power

su persede

Council.

Power to^make

rules.

Q)

(a) o)

(c)

all property vested in the Council shall, supersession, vest in the Govemment.

(3)

(a) (b)

0)

27.

28. The Council may, with the prior approval of the Govemment, make Power to^make regulations not inconsistant with this Act and the rules made thereunder, for regulations. enabling it to perform its functions and for carrying out the purposes ofthis Act.

In particular, and without prejudice to the generality ofthe power conferred under sub-section (1), such regulations may provide for all or any of the following matters, namely :-

(b)

the management ofthe property ofthe Council;

the maintenance and audit ofthe accounts ofthe Councilt

the resignation ofmembers ofthe Council;

(a)

a)

(c)

27

Bd€rE {rdqd, ft

(e)

the rules ofprocedure for the transaction ofbusiness ofthe Council and its committees;

the procedure for appointing committees, their functions and duties;

(0 the qualifications, procedure for appointment of its staff, their powers and duties;

the courses and period ofstudy or oftraining to be undertaken, the subjects ofexamination and standards ofproficiency therein to be obtained in any university or in any institution for grant of recognisedPhysiotherapists' andOccupational Therapists' qualification;

the standards of staff, equipment, accommodation, training and other facilities for study or training of the Physiotherapists and Occupational Therapists;

the conduct ofexaminations, qualifications of examiners and the conditions ofthe admission to such examinations; the standards ofprofessional conduct and etiquette and code of ethics to be observed by Physiotherapists and Occupational Therapists;

the manner in which and the conditions subject to which an appeal may be preferred;

the fees to be paid as an applications and appeals under this Act;

(m) any other matter which is to be, or may be, prescribed. The Government may, by notification published in the Official Gazette, rescind or modifu any regulation made under this section and thereupon, the regulation shall cease to have effect or have effect as modified, as the case may be.

Ifany difliculty arises in giving effect to the provisions of this Act, the Govemment may, by order published in the Oflicial Gazette, make such provisions not inconsistent with the provisions ofthis Act, as may appear to be necessary for removing the dilficulty :

Provided that no order shall be made under this section after the expiry oftwo years 1}om the commencement ofthis Act.

Every order made under this Section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Chhattisgarh. Ifthe State Govemment is satisfied that it is necessary or expedient to do so, it may, by notification published in the Official Cazette, amend the Schedule, as the case may be, and the Schedule shall be deemed to have been amended accordingly.

Every notification issued under sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly of Chhattisgarh. (e)

o)

(D

0)

0o

(D

Polver to remove diffculties. Power to amend S. hed rl e-

29.

(3)

(l)

Q)

(l)30.

(2)

SCHEDIJLE

1. Phy5iotheiapy L Baehelor ofPhysiothempy IL Master of Physiotherapy

III. Ph.D.

2 Occupational thorapy

I. BachelorofoccupationalTherapy

II. Master of Occupational Therapy Itr. Ph.D.

+iqra-o, Uaorif,rt+wsrxS,s*srrderu{rr8qtrundq,rrqg{I{E nfi r+rQrd - 2016.

29