Delhi act 007 of 1997 : The Delhi Council For Physiotherapy And Occupational Therapy Act, 1997

The Delhi Council for

Physimharavy

and

Occuvafiunal

Th Eravy Ac|,1997 Ann; '997

Kayward(s).

Madical

Labmamry,

Medical Traan—n em, Madam Medici" a,

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DEPARTMENT ^OF

LAW. JUSTICE AND LEGIS

LATIVE

AFFAIRS

NOTIFICATION

Delhi. the ^3rd

October,

|')')7 Nu. F.

13(7]I97-L.A.—Tltc following

Act of

Legislative Assembly

received the assent ol' the Lt. Govcntot' of .

_ , Delhi. ^onthe 28m

September.

[997 and is

hereby published

for

general

information^:—

THE DELH] COUNCIL FOR

PHYSIOTHERAP'I' AND OCCUPATIONAL ^THERAP'I' ACT. |')')?

[Delhi ^{ActNo, 'I'}

0(1997)

I

.

Dnlcd ^3-In9?: 31' I {As passed by ^the

Legislative Assembly ^oftheNational

Capital Territory ^of

Delhi] i

"I? ^' '-'~'

4'

I

ACT

to

provide

for the constitution of the Delhi Council for

Physiotherapy

and OecIIpIIIioual

Therapy for the

purpose of; maintenance ofn Delhi

Regtster ^of

Pltvstolltcr'tplsts

and

Occupaiipnnl

Therapists^IIIthe^NIlional

Capital

Territory ^ofDelhi» and for mailers connected there" itlI or incidental

thereto ?

BE

it enacted

by

the

Legislative Assembly

ofthe National

Capital Territory

of Delhi" III the

Font

-cighth

Year 01'

Ute"

Republic ^orindiu^:IsFollow:s^—~-.

CHAPTER ^I

PRELIMINARY

.SIIIJI'I title. Intent :Itttl

enmmencemcn

L—(ll ^ThisAct

III:I_\

he

called

the Delhi Lnuncil lm

Pluximltct: l|)\' nnd-' ()ccupatirlmal

Therapy ^Act

IW'I' I2} It extends^tothe "hole oi the

National

Capital

Tertitnn'

of Delhi {'1 ^It

shall ^comeinto

force^onsuch(late^astheGot'cnmtcut IIt:I_\'. h_\

nnlilicaliuu^intheUITIL'IIII Gazette.

:Ippniltl ¹

2

DELHI GAZEl ^IE:

EXTRAORDINARY 23

_

_

PFovided ^thatdifferent dates^maybe

appointed ^fordifferent

provisions

ofthis^Actand

referenceⁱⁿ

any ^such

provi-

.

.' 10 the

conimenyccmcnl ^to

this

Act shall be construed ^{as a}

reference^tothe

coating ^into

force^of

that

provisions.

2 . Dul'inilions.—ll\

this

Act.

unless

there is

anything

repugnant

in the

suhiect ^or

contest.—

{1}

"Council"

tucans^the

Delhi Council of

PhySiolheW-PY

'dfl'd

Occupational Therapy

constituted under section

3 ; (2} "Delhi"

means ^the

National Capital

Territory ^ofDelhi:

[3)

"Government" means^theGovernment oflhe National

Capital Territory

of Delhi ; (.tl

"Inspector"

means^an

Inspector aPPOimed ^{by the}

C°""':"^'- {Sl

"institution" means

any institution

within or

outside India which grants

degree. diplomas

or

licences

in

Physio- tlterapy ^or

Occupational

Therapy ^35the

335311133'b'31 . . (6}

"Lieutenant

GDVemnr"

means the

Administrator ^oftheNational

Capital

Territory

of

Delhi

appointed by ^the President under

article 239

readWilh

article ^239AAof ^""3

Constitution^1. {7)

"member" means ^a

member

registered ^{with the}Council ^:. {g} "occupational

therapist"

means ^a

person ^who

possesses

recognised occupational

therapy qualification ^and whose name

has been

enrolled'or

deemed ^tobe enrolled ^III

the

Delhi

Reglstcr

of

Occupational

Therapists

;

(9)

"necupational

therapy"

means^the

application

ofpurposeful, goal-oriented

activity

through

latest

tcchnologv with

computerised system

and the ^likeinthe evaluation.

diagnosis. ^andor

trealtucnt

ofpersons

whose

function is

impaired

by

physical illness ^or

injury.

emotional

disorder.

congenital ^or

developmental disability.

or the aging process.ⁱⁿorder^toachieve

uptimum

functioning. ^to

prcient disability. ^andto

maintain health.

Specific occupational

therapy

services include

but ^arenotlimited^to.

education^and

training ⁱⁿ

activities^of

daily living [ADLJ ^.the

design

fabrication^and

application of or

those

(splints)

:

guidance

in the

selection

and

use

of adaptive equipment, therapeutie'activities ^toenhance

functional

perfonnances ^;

provocational evaluation^and training ^and

consultation waceming ^the

adaptation ofphysical

environments^forthe

handicapped.

These^ser- vices

may

be

provided

to individuals ^or

groups and to

both

in-pau'ents

and

out-patients:

till]

"physiotherapist".

means ^,1

person ^who

possesses recognised

physiotherapy qualifications

and whose ^name :\

-'-}

--

has been enrolled or

deemed ^tohavebeen enrolled

in the Delhi

Register ^of

Physiotherapists:

'

a". ^fin

-

(l 1)

"physiotherapy"

means

physiotherapcutic

system

ofmedicine which includes

examination. treatment,

advice _

.'dIld

insttuCtionS .9 ^any

person preparatory ^{to orfor} the purpose ol'or in connection with

movement dysfunction. bodily malfunction,

physical

disorder, disability.

healing ^{and pain from}trauma ^and

disease,

physical ^andmen- tal

conditions

using physical

agents including

excruscs. mobilisation,

manipulation.

mechanical and

electro- =

I

ulc'mpy'

activity ^anddevices ^or

diagnosis.

treatment^attd

prevention ^:_ -'

([2) "prescribed"

means

prescribed bf,»

rules^{made by the}

Government under ^{this Act;}

I

(13) "President"

means-the

President

of. ^1'10Council^'1 _

(W.

"profession"

means

the

profession ^of

pl!_Ysiotherapy ^or

occupational therapy, ^{as thecase}

may ^be1

"5)

"recognised

physiotherapy qualification"

or"recngnised

occupational therapy quantification"

means

quali-

.

.

_ fieation in

physiotherapy

or

occupational

therapy, ^asthecase

may be. included^inthe

Schedule :

(Iii)

'_'Regi5ter"

means^the

chistcr ofpltysiotlterapists ^{or the}

Register ^of

Occupational Therapists, ^{as thecase}

may be. maintained

by

the

Council

1

.

(18)

"reglflafiun"

means a

regulation

made

by

the Council

under this Act

by

notification

in

the

official

Gazelle:

_._- ('9)

"rate" means^a

mic made

by

the Govemntcnt under

this

Act

by

notification in the Official

Gazette ; (:20) "Seerctfln'"

means ^the

secretary ^oftheCouncil.

appointed

under

sub-section⁽¹⁾

ofsection^15:

(21) "Schedule"

means the

Schedule

to^{this Ad:}

I

(22) "section" means a

section ol'this

Act:

(23)

"Vice-President" means^aVicePresident ^ortheCouncil² .-

(24) "Visitor" means the Visitor

appointed

by

lhc Council.

.,

.nvfgrfil'h t

:vtu-p

"J _-_ ._..,;. ._n_--

..

'_

"r:

-

14

l)i-'Lill(i.-\£E

T'I'F. '

EX'l'RAURDINAR'i ('IIAPTERI

TIIE DELHI COUNCIL FOR PHYRIO'I'HERAPY

AND

OCCUPATIONAL ^TH

l-LRAPY .3. Constitution am]

cmnpositiun

ut' the

('uuucil.~—t

l t The (lot ct'ttment shall

as soon as

may

be. after the commencement of this Act. conslilttte a Council called the Delhi

('tumcil

I'or

Physiotherapy

and

Occupational

Thump}. consisting

oflhe

l'ollouing

members.

namely ^.— [it] ^Sixmember^from

phy

siotltet'apiststo ^heelected^from

amongst ^the

rceislcted

pmetitioneu

enrolled ^{in tin:}

Registerol physiotherapists. {bl six tttentbers Iron:

occupational therapists

to be elected limo

amongst

the

registered pracltttnucrs enrollettiu the

Register

of

Occupational 'l'ltentpists. tc) ^one

physiotherapist

from the

recognised teaching

institutions in Delhi^tobe

nominated

by

the

Government :

[(1) ^one

ocCupatiouat therapist

t'rotu^tlte

recognised teaching

institutions^tobe

Ittttttntnlt-rl ^{m It";}

Government;

(e) ^one

person ^fromthe

lieid ^ol'

Plusiotherap) ^{and otte}

person^fromthefield

ol'OeL'upalional Therapy ^lobe nominated

by

the Government ;

(f) ^one

member oftlte

Legislative Assembly

ordellti ^tobe

nominated^bythe

Speaker:

[5} ^onemember^fromtheDelhi Medical

Council ^tobe

nominated

by ^{the (int}

enunem:

(ht ^TheDirector. HcalUt Scn'iecs^orthe

administmtit'e secretan

ti-lealth t't'c i'anu'h^\\eltzu'et ol'the^Goternatem nominated

by

the

Got

eminent:

Provided that the election ot'ttte members

referred

to in clauses

la) and

tbt

ohm t:

shall he held at such

time and at such

place

and in such Ittatttter

as

may be

prescribed. (3}

Notwithstanding anything

contained in sub-section ( ^I1-. {at in

respect

of the

constitution ol'the Council

for the first tituc under this ^Act.the members

thereofinctuding

the President and the two Vice Presidents

as

mentioned

in

section 6. shall

be

nominated

by

the

Government

from amongst persons

qualified ^lobeelected

ornomittated ^asmembers ol'tlte

respeelh ^e

category: ^am! (hi ^the

members^sonominated shall^holdot'ficc^forsuclt

period ^not

exceeding ^"\'Cyears^{in the}aggregate ^asthe Government may. by

notification in the official

Gazette.

specify. -l'

Incorporation

of the

CottnciI.-—The Council shall be

body eotporate by

the name of the Delhi Council for Physiotherapy ^and

Occupational Therapy haying perpetual

succession^andacommon^sealnithpoo ^erto

acquire. ^holdand dispose ^of

property ^bothmovable ^andittnuovabie^and

shall

by ^{thesaidnamesacandbe}sued.

5. Functions

of

the Ctnmcil.—'l'he functions of the Council shall he ^—-

[a] ^tocoordinate^and

delenniue^thestandards

ofphysiothcraphy ^and

occupational therapy

education^atall levels:

(b) ^to

regulate ^the

practice ^ofthe

profession by persons

possessing

recognised physiotherapy ^or

occupational therapy

qualification:

(e) ^tomaintain^the

Registers ^of

physiotherapists ^and

occupational

therapists ^forDelhi:

(d) ^toadvise^the

Goventmentⁱⁿmatters

relating ^tothe

requirements ^ofunmpowcr^ittthelietd^of

physiotherapy and

occupational therapy:

{Ct ^to

assist the Goyennttcntⁱⁿ

regard ^to

minimizing

education of

registered physiothempists

and

occupation!!! therapists. ^c o.

President and

vice-President ot'the

Count:il.-—t' I}

There

sltail be

President

who shall be elected

by

the members of the Council

from

amongst

[lICIttselt-'CS. He shall.

subject

to the

provisions

of this act. hold office fora term

of

tire

yeafi From the date he enters

ttpon his office. ^- (ll

There shall^betwoVice-Presidents.^one

representing physiotherapists ^andanother

representing occupational tlterapiSts. ^tobeknoun^as

Vice-President

tPltysiotherapy} ^andVice-President

[occupational

Therapisrst respectively cteclfld by ^themembers

ofthe Council^fromamong themselves.

Subject ^tothe

prm isions^{ofthisAct.eachofthem}shall^holdoffice for a term of

five years from the date

of his election

DELHI

GAZETTE.^'

EXTRAORDINARY 25

l

A

person

who

holds, ^orwho ^has

held,

ofiiccas President^orVice- President ^as

the^case

may

bc,shall,subjec1to d1 Provisions of this

Act,

be

eligible ^forre-c-lectjon to

that office. a

i1 ^{Mode of}election—Elections

under ^this

chapter

shall ^be

coriducled'In^the

prescribed manner,^andwhere

any ale arises regarding

any such

election,

it shall ^be

referred to the Government

whose

decision shall be

final. :3 Term of ol'ficer'antll filling up of

casual

vacancies—(l) subject

to

the

provisions

of this

section,

an

elected or

. ed member

shall

hold

office for a

term offive years from the

date ofhis

election or

nomination,

as

the case

may be:

1

provided ^{that the}

membernominated

under

section ³

shall^holdoffice

during ^the

pleasure ^ofthe

Government. ('2) ^Anelected ^or

nominated member^{may, at any}

time,

resign ^his

membership ^by

na'itingundcr

hishand addressed ^to midget ^{and the} seat

of ^such

member

shall, ^{from the dateon}which ^suchcommunication ^isreceived byl the

Pmsident1 '

"Elma-"l

'

' )1-

"

IfheIs absent

without the

permission

of the

Cauncil

fromIts three consecutive

ordinary

mecnngs and his seat

is declared

vacant ^{by the}

Council; ^or in

the ^caseof^a

member whose name is required

to be

includedIn the Register

of

Physio-therapists

or

Register

of Occupational

Therapists, ^{as thecase}

may^be,

ifhis^nameis

removed ^fromsuch

register, ^or ifhe

ceases^tobe^amember of the

Council;

or '

'

ifhcbccomes subicct

to

any ofIIIe

disqualifications mentioned

'In

section

9.

(4) ^Any

vacancy occmring ^{tn the}office

ofany member ^on

account

ofany

reason

whatsoever

shall ^befilled

by

fresh £510" ^ornomination as the

ease

maybe.

and the person

so

elected

or

nominated

shall

hold

office.

subject

to the

provisions

or action (I).

for the remainder ofthe^termfor

which^themember^waselected^or

nominated. ^{as thecase}

may^be.

.

(5}

If

a

vacancy

occurs in the

office of the

President or

any

of

the Vice

Presidents,

whether

by

reason

of his

death, lion ^or

othcnvisc, ^it

shall ^be

filled ^by

fresh

election ^by

and. ^from

amongst ^themembers

ofthe

Council. (6}

Members^ofthe

Council shall^be

eligible ^forre-election ^orre-nomination^butno

member shall^be

eligible ^forre- one-nomination ^{if he}

has ^beena

member for

tcri

years

continuously. he13, ^or

becomes,

of unsound

mind and stands so

declared

by

a

competent

court;

or he15,

or has

been,

convicted

ofany

offence

involving

moral

turpitude.

whiclt.' In

the

opinion

of

the Govcmntent renders

him'unfidt

to

be

a

member

of the

Council; he

is,

or at

any time

has

been, adjudicated

as

un'dischargcd

insolvent:

or this name has been

removed-from the

Registér

and has not been

re-entcrcd

titereinyior ^' he'15 a whole-time officer or servant ^of

the

Council. ltJ

Physiotherapy

Cell. —{I}

The Chuncil shall have

a

Physiotherapy

Cell to be

headed

by

the Vice- -prcsi-1 i (Physiotherapy) referred to in sub- sccti0n

(2)

of

section

6

and

shall

include,^—

(a) ^two.

hysiolherapists ^fromamong^the

members

referred^to

in clause

(a)

ofscction

3; ^and fb) ^the

members

referred to

in

clauses

(c).

(e)

and

(g) of

section

3

a,

3

(3) Subject ^tothe

snperintcndence.

directioa and control of

the

Council,

the

Physiotherapy

Cell

shall be

responsible

,

jail-'1, competent

to deal with all

matter

related to

Phy siotherapv

and

Phisiotherapisls

within

the competence

of the

Councill ll

Occupational Therapy Cell. -—(I]

The

Council shall

have an

Occupational

Therapy Cell to

be headed

by

the [President

(Occupational

Therapy}

referred^toinsub-scction ^{(2} of}section^6and

shall

include^—- 'm"

hf:

.'.

Ifii'l'z'!1

.

~

"-1 =I—:-s::

.

gnu-:11,

.

I

26 DELHI GAZETrE^:

amonomiav

(a) ^two

occupational therapists ^from

amongst ^themembers referred ^toinclause

(b) ^ofsection

3; ^and

(b) ^themember referred ^toinclauses

(d),^{{e} and}

(g) ^ofsection ^3.

(2) ^The

Secretary

shall assist ^theCellinits

activities^to

carry ^outits

objectives.

(3) Subject ^tothe

superintendence,

direction^andcontrol^oftheCouncil ^the

Occupational

Therapy ^Ceu, responsible. ^forandcompetent ^{todealwithall}matters

related^to

occupational

therapy ^and

occupational therapists ^wi competence of ^theCouncil.

6

7

23 DELHI

GAZETTE ^.'

EXTRAORDINARY

CHAPTER ^[II

FUNCTIONS 0i" ^THE

COUNCIL

18 Prior

permission ^for

establishment ^(Ifnew

institutions

new course^at

study. ^etc.

(1]

NotIIithstImding thing

contained ^{inthisAct or any}other^{Innforthe time}

being'¹¹¹

force, ^{II ItlI}effect ^{from thedateas}

may^be

notified

by '

.

Government.—

(3) ^no

person

shall establish^an

institution; ^or

(b) ^noinstitution shall.—

(i) open ^aanewor

higher

course^of

study ^or

training {including ^a

postgraduate

course ^of

study ^or

tra which would enable ^a

student ofsuch

courseorlraining ^to

qualify

himseil'l'orthe award

oftlrty

reco physiotherapy ^or

occupational

therapy

qualifications: ^or (it)

increase^itsadmission

capacity ⁱⁿ

any

course ofstttdI' ^or

training

(including ^a

postgraduate

col ^I study.

ortnrining) SCCllClll Explanation ^t.—-For^the

proposes ^ofthissection

"person"

includes^myUniIersnI ^oraTrust^orII

Society-o1:institution

but does not include the Central Government or the Government.

(2) (a) ^BIery person ^orinstitution strait^forthepurpose^ofobt

Iinittg

permission

under

sub-section GoIenIIIIeIII shall refer the scheme to the Councrl for its

recommendations.

(b) ^Thescheme referred^toinclause ^(It)

shall^{beillsuchFormand}contain^such

particulars '

be

prefeared

in

such manner and be

accompanied

with such fee

as

may be

prescribed.

(3) ^On

receipt ^{of It}scheme

by ^theCouncil under

sub-section

{2). ^the

Council may obtain^suchother

particu] may he

considered necessary by

it from the

person ^orthe institution

concerned.

and

thereafter.

it

may—r

(a) ^Ifhescheme ^rs

defecttve^{anddoes not}

contnttt

any necessary pantculars. gave ^areasonable

opga tunity ^totheperson orinstittrtion concenIed^for

malIingII

written

representation ^andit

Shall ^be

ad to such person

or institution to

rectify

the

defects,

if

any. specified by

the

Council:

(b)

consider^the

scheme.

having regard ^tothefactors referred^toin

Sub-section

(7) ^andsubmit ^the

sch, together ^withitsrecommendations thereon^tothe

Government.

(4) ^TheGovernment may. after

considering ^the

scheme ^andtherecommendations^oftheCouncil

under. section

(3}

and after

obtaining.

where necessary. such

otherparticulars

as

may be considered necesssary by

it front

wepersg'fl instituLion

concemed

and

having regard

to^the

factors referredto in sub-section

I?)

either approve (with

such

conditions

if- ^'I as it may consider

necessary)

the schemeIII ^IIhich case such

approval

shall be

deemed

to be a

permission

under sub- section(

l or

reject

the

scheme: '5?

Provided that ^no

scheme shall be

rejected by

the Government

except

after

giving

the person

or institution

concerns; a

reasonable

opportunity

of

hemp

heard:

ja- Provided further that

nothing ^inthis

sub-section

shalt

prevent any

person

or institution II-hose scheme has⁶I, reiecled

by ^theGovernment^tosubmit ^a

fresh scheme^andthe

provisions

ofthis section shall

apply ^{to such}scheme.^as'ifsfidl scheme has

been

submitted for the

first time under Sub-Section

(2) ^.- II'

{5}

Where

within ^a

period

ofone^{yearfromthedateof}submission ^{of the}scheme ^{to the}Gm'enIrnenr underSI-lb section

(2).

no

orderhas been communicated to the person ^or

institution

submitting

the

scheme

such scheme shalt be deem. to have been

approved b_I

the (3menIrrIent in the form^Inwhich

it had been submitted and

accordingly

the

permission

oflh Gmernrnent

required

under

subsection I l 1 shall also be deemed ^tohaIe been

granted

P ^atl\".

UELHI

GAZETTE .' EXTRAORDINARY 29 .\

(in)

submitting ^th

in

computing

the titue limit

specified

in

sub-section

(51.

tile time taken

by

tltc persott ^or

institution concemed e scheme.

itt

furnishing

any particulars

called for

by

the

Council. or

by

tlte

Government. shall be excluded. {7, ^TheCouncil.

while

making ^itsreconnnendaiions

under

clause

(b) ^ofsub-section

(3] ^{and tlte}

Government wltile .y.

[ ^ptssiu"

an order_ either

approving

of

rejecting

the

scheme under

sub-section

(4).

sltall

be

due

regard

to tlte

following

factors. he

natuel) '—

U.) whether

the

proposed

institution^orthe

existing ^to

institution

seeking ^to

open ^alienor

higher

cottrse of

study or

training,

would

be

in a

position

to offer

the

ntininttttn

standards

of

education as

prescribed by

the Council under section ^26:

9 ^{b}whether^theperson seeking ^toestablish ^an

institution^orthe

existing

institution

seeking ^{to open anewor}

higher

.1 ^.

course^of

study ^or

training ^ortoincrease^itsadtttissiott

capacity. ^has

adequate

financial resources:

{6) whether necessary facilities in

respect

or

stalT,

equipment.

accommodation.

training

and otlter facilities to r ^.

ensure

proper functioning

of the

institution^or

conducting

the^newcourse

ofstudy ^or

training

or accommodat- ing ^theincreased

admission

capacity ^havebeen

provided

or-wmtld^be

provided

witltiu^the

little limit

specified t

ri

iii the

scheme:

(d)

"hether ^anv

arrangement ^{ltasbeenmade or}

programme drawn ^to

imp: ⁱⁿ

training ^tostudents

likely ^to

attend such institution ^or

course

ofstudy ^or

training by

persons

having

the

recognised

physiotherapy ^or

occupational therapy qualifications. ^{asthecase maybe:}

(9)

whether necessary

arrangement ^{hasbeen madeor}

programme drawn^tomeetthe

requirement ^ofmanpowerⁱⁿ the field

of

practice

of

physiotherapy ^or

occupational

therapy. ^asthe^caSe

ntay ^be:and

(I) any other

factors ^{as maybe}

prescribed.

(8)

where^theGovemment passes ^anorder

either

approving ^or

rejecting ^ascheme under^this

section. ^{a copyofthe} order sltall be communicated ^tothe

person ^orinstitution concerned. [-9. Non.rccognition ^of

qualifications ⁱⁿcertain eases.— ^(I)

Where

any

institution ^isestablished

except ^with the

previous permission

ofthe Government

in accordance

with the

provisions

ofsection [8. ^no

physiotherapy ^or

occupational mom". qualification granted ^{to any}student ofsuch institution

shall^bea

recognised

qualification ^forthepurposes^ofthisAct.

[2]

Where any institution opens ^anewor higher

course^of

study ^or

training

(including ^a

postgraduate

course^of study ^or

training}

except ^{with the}

previous

permission

ofthe Govcntntentⁱⁿaccordance ^{with the}

provisions

ofscetion ^{18. no} qualification

granted ^{to any}student

ofsuclt institution ^{on the}

basis ofsuch

study ^or

training

shall^bea

recognised qualification for

the

purposes

of this

ACL

(3)

Where ^anyinstitution

increases^its

admission

capacity ^{in any}

course^of

study ^or

training except ^withthe

previ- otts

permission

of the

Government in aceordance

with

the

provisions

of section

18. ^no

physiotherapy

or

occupational

therapy

3

qualification

granted ^to

any

student^ofsuch

institution^{on the}basis

ofthe'increase^initsadmission

capacity

shall ^be

recognised Physiothcmpy ^or

occupational

therapy

qualification ^{for the}purpose^{of thisAct.} Explanation—For ^tltc

purposes ^{of this}

Section, ^thectiteria^for

identifying ^a

student ^whohasbeen

granted ^a

physio- therapy ^or

occupational

therapy qualification ^{on the}basis

ofsuch increase^{in the}admission

capacity

shall ^besuchas

maybe prescribed.

20. Time^for

seeking permission ^forcertain

existing

institution.

etc—(i) ^ifbefore ^thecommencement^{of this} Act.

my person has established ^an

institution ^or

any institution^has

opened ^anewor

higher

course of

study

or

training

or increased its admission

capacity.

suelt person ^or

institution. ^asthecase

maybe

shall

seek.

within ^a

period

ofone year from^the conuneucentent of^{thisAct. the}

permission

ofthe

Govemnteutⁱⁿaccordance^withthe

provisions ^of

section^[8,

(2) ^11'any person ^orinstitution ^{asthecase mayhe.}

fails ^{to seek the}

permission

under sub-section

(1) ^the

provisions of

section 18 shall

apply.

so far as

may

be. as if

pennissiou

of the

Government under

sectiOn has been

refused. s

2t,

Recognition

of

qualifications

granted by

Universities. ^etc.

in india for

Physiotherapy ^or

Occupational Therapy

l1rflfcs§iunfll§_-—U) ^The

qualifications granted ^byany

university ^orother

institution^iiithe

country

which^are included in the schedule shall ^bethe

recognised

qualifications ^for

Physiotherapy. Occupational Therapy

Professionals.

Phys- iotherapists ^and

Occupational

TheraPiSISv

so DELHI GAZETIE -.

axmonomanv

rpm to—— _—

_— Eh..."

_______

.

(2)

Any University ^orother institution

which

grants

qualification ^{for the}

physiotherapy ^or

occupational

therapy ^_. professionals ^notincluded ^intheschedule^may

apply ^tothe

Government^{tohave such}

qualification recognised, ^and

the Government

may.

after

consulting

the

Council,

by

notification

in the official

Gazette,

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 colunu-I ol'

the schedule

against ^such

qualification only

when

granted

after^a

specified

date.

22. Effect of

recognition.-—(l) Notwithstanding anything

contained in any other law

and

suhiect

lo the

other provisions

containedⁱⁿlltis^Act,anyphysiotherapy ^or

occupational therapy

qualification

included^inthe

schedule shall

be sufficient

qualification ^forenrollment ^on

the

Register

of

Physio-therapists ^orthe

Register ^of

Occupational Therapists,

as

the case

may be,

(2) ^Noperson shall,

after ^{the date of the}commencement^{ofthis Act, be}

entitled^tobe

enrolled^inthe

Register

as Physiotherapists ^or

Occupational Therapist

unless^heorsheholds^a

recognised

qualification:

Provided that any

person who ^was

immediately

before ^the

said date entitled to be enrolled

shall,

on

application

made in

this'behalf.

before the

expiryoflwo

years from the

said

date,

be entitled

to

be enrolled

:

Provided further that where there is any dispute ^astowhether

a'person ^issoentitled^tobe

enrolled,

the matter

shall be referred ^to

the

reSpective Equivalence ^and

Registration.

Committee which

shall

consider ^thereference and made

recommenda. tions to the Executive Committee whose decision shall be final.

(3)

Notwithstanding

anything

contained ⁱⁿ

sub-section

(2),—- (a)

citizen^ofIndia

holding ^a

qualification

which entitles^{him to be}

registered ^withany Council^of

Physiotherapy ^or Occupational

Therapy ^inanyforeign country,^{may,with the}

approval ^{or the}

Council, ^beenrolled ^asa

physio- therapist ^or

occupational therapist. ^asthecase

may ^be.

(b) ^a

person ^not

being ^acitizen^ofIndia^{who is}

employed ^asa

physiotherapist oroccupational therapist

teacherin any

hospital ^or

institution

in any State^orUnion

Tenitory

for

the purpose

of

teaching,

research^or

charitable work, may,^{with the}

approval ^ofthe

President, ^beemailed

temporarily^inthe

Register for

such

period

as

may be specified^Inthisbehalfin theorder issued

by ^thePresident:

Provided ^the

practice

by ^such

person shall^belimited to

the

hospital ^or

institution ^to

which he is attached :

Provided further that ^nosuchenrollment

underclausc

(a) ^or

clause

(b)

shall be

permitted

unless the Council

satisfies itself that such

person possesses ^the

requisite knowledge ^and

skill to

practiso physiotherapy

or

occupational

therapy

by

conducl- ^-

5,

ing ^a

screening ^testorsuch

other^testorexamination^as

may^be

prescribed. ^-. '

23.

Power to

require

information as to courses of

study

and

training

and cxaminalions.——-

Every authority

or .,^-'-- institution in Delhi which

grants

any recognised qualification

or a

recognisod higher qualification

shall furnish such information as the

Council may, from

time to

time

require

as to the courses

ofstudy

and

training

and esamination to be

undergone

in

order to

obtain such

qualification,

as to

the

ages

at which such courses of

study

and

cuminations are

required

to

be

undergone

and generally ^astothe

requisites ^for

obtaining ^such

qualification. __

24.

Inspections—(

1)

The Executive Committee may, subject ^to

regulations,

if any.

appoint

such number of

Inspec- tors as it

deems necessary

to

inspect any ittstitulion where education or

training

in

physiotherapy

or

occupational

therapy

is given, ^orto

attend any examination ^heldForthepurpose^ofgranting any recognised

'quaiil'tcation ^or

recognised

higher

qualifi- mlicn.

(2) ^"the

inspectors appointed

under^thissectionshall^notinterfere^withthecourse^ofany examination^but

they

shall report ^totheExecutive Committee ^{on the}

sufficiency ofevery

esamination ^at

which

they

attend^andot'thecourses^ofstudy ^and naining ^at

every

institution

which ^theyinspect, ^{andon any}other matters^with

regard ^towhich^the

Executive Committee may require ^themto

report. {3) ^TheExecutive

Committee,

after

consulting ^the

respective Equivalence ^and

Registration

Comittec. shall^for- ward a

copy

ofsuch

report

to the

authority

or

institution

concerned and shall also forward such a

copy with'

remarks,

il'any.

of the

authority

or institution concerned thereon to the Government.

25. Withdrawal of

recognition.—-{

I)

When upon

report by

the Executive

Committee.

it

appears

to the Council —

(a) ^{that the}courses^of

study ^and

examination ^tobe

undergone ^inorthe

proficiency

required ^fromcandidates^at

any examination held

by any authority

or institution ; ^or

llufl lVl

DELHI GAZETTE: EXTRAORDINARY JI

(ti) ^thatthe

staff.

equipment.

acconunodution.

training ^andother

training provided

itt^such

institution. do ttot conform^tothe standard

prescribed by

the

Council.

the Council shall make^a

representation ^to

that effect to the Gu\'t'rllll'lclll.

(2)

After

considering ^such

representation.

the Government

shall forward^it

alongwith ^such

remarks^asit may choose ^tomake^tothe

authority ^orinstitution ^u

ith^anintimation of the

period

within which the

authority ^or

institution may submit ^it}:

explanation ^to[lieGovernment, (.1) ^{On tlte}

receipt ^ofthe

eyptanution ^orwhere^no

explanation ^is

submitted within^the

period

filed. ^thenonthe iwiry ^ofthat

period, ^theGovernment^may.after

making ^such

further

inquiry. ifany. ^asitthinks ^{fit. by}

notification ^{in the} arficial Gazette,

direct^{that an}

entry shall^hemadeinthe

first ^or

second schedule. ^{asthecase may}be.

against ^thesaid qualification

declaring ^thatitshall^{be a}

recognised

qualification ^{only when}

granted

before ^a

specificed ^{dateor that thesaid} qualification ^if

granted ^tostudents^{of a}

specified

instittttion shall ^be

recognised

physiotherapy ^or

occupational therapy quali- fication only ^when

granted

before^a

specified ^{dateorasthecasema} '

be. ^thatthe said

rmalification

shall ^he

recognised qualification ⁱⁿrelation^to

specified

institution affiliated^{to any}authori^_'

ottly ^when

granted

after^a

specified

date.

26.

Prescrtptirm

of standards of education in

Physiotherapy

and

Occupational Therapy—(l)

The Council may

prescribe

the minimum standards ofeducatiou in

physiotherapy

and

occupational therapy required

for

granting recognised qua tl'Ications ⁱⁿDelhi.

(2)

Capies ^ofthedraft

regulations ^andorall

subsequent

draft amendments thereof shall^besent

by ^the

Council^to the Government.

(3) ^ltt

particular, ^and

without

prejudice ^tothe

generality ^oftire

foregoing power. ^tlte

regulations may

prescribe ^——~

(a) ^thenature^and

period ^of

study ^and

nfpractical training ^tobeundertaken

hefore

admission^toan

examination; 0:) ^the

equipment ^andfacilities^tohe

provided ^forstudents

undergoing

approved

courses^of

study ^;

(c) ^the

subjects ^ofexamma^tonandstandm'ds therein^tobeattained^'.

(d) arty other conditions ^of

admission ^to

examinations:

(-U ^The

regulations

shall^be

published ^intheofficial

Gazette ^andinsuchntatmer ^{as the}Council^maydirect.

(5) ^TheExecutive Committee

shall.

front ^{time to}

time.

report ^tothe

Council^ontile

efficacy ^of

these

regulations and may recommend to the Council such amendments Iltereol'us it may think fit.

27. Renewal ^of

rcgistration.—— Every

enrollment ofa person ^asa

physiotherapist ^or

occupational therapist

made in

the

Register

shall remain in force fora

period

of five years and may be

renewed

from lime to time fora

period

offive years an ill)

application being

made

by

hint

itt such

form. in such marmcr. within

such

period

and on

payment

of such fees as

may be

prescribed.

28. Professional conduct—

(l)

"lite Council may by

regulations

pracribe

standards of

professional

conduct and etiquette ^andacodeofethics^for

physiotherapists ^and

eccupnuonal

therapists.

(2)

Regulations ^madeunder subsection

(i) may spec' ^vwhich violations thereof shall constitute

profasienal Illiscouduct and such

provision

shall have effect

notwithstanding an, ittg

containedⁱⁱⁱany^lawfor the ^time

being

in force.

(.1)

Whenwer^the

Executive

Committee

after^such

enquiry ^asitthinlrs^ftt.recommends^{thatthenameof}any person enrolled in

the

Register

of

Physiotherapists

or

Register

of

Occupational

Therapists

he removed

therefrom.

it shall

"PM ^tothe

Council and the Council shall after such

cuquiry ^asit

may

decnt

fit.

by

order.

direct ^the

removal of ^thenameof such person from the said

register

either

perttuutcntly

or for

such

period

as

may be

specified

in the order. _

(4)

Any person aggrieved by ^anorder^oftheCouncil may prefer ^an

appml

against ^thatorder^toLheGovemmem in

such form and matmer. within such

time.

on such conditions and on

payment of such fees as

may be

prescribed.

(5) ^On

receipt ^ofsuch

appeal. ^theGoremmcnt may.

after

giving ^theperson

cottcemed ^an

opportunity ^ofbeing heard and

after

consulting

the Council pass appropriate

orders which shall be final and

binding, 1'). information to he furnished—The

Council shall furnish such repons. copies

of^its

minutes.

abstracts of its mounts. and

DELI-ll GAZETTE ^:

EXTRAORDINARY'4; In.)

CHAPTER ^IV

FINANCE,

ACCOUNTS^ANDAUDIT

30

Payment

to the Council.— The Government may, after due

appropriation,

made

by

the

Legislative Ass-

n:

of

Delhi, by

law in this

behalf, pay ^todie

Council

in each

financial year such^{sums as}it may consider necessary for}, performance ^offunctions^oftheCouncil under^thisAct

31. Funds of the Council^—

(l)

The Council shall have

its^own

Fund; all ^sumsnhich may, from

time^to

tin-1% , paid ^{toit by the}

Government ^andallthe

receipts ^oftheCouncil

(including registration ^feesfor

inspection

ofinstitutiong"^.. .Iny ^sumsreceived

from any authority ^or

person)

shall be

credited ^totlte Fund and

all payments by

the

Council shall be^I therefrom

[2) ^Allmoneys belonging ^totheFund

shall^be

deposited'^{In such}nationalised banks ^or

invested ^{in suchmann} may be decided

by

the Council.

4":

(3) ^The

Council may spend ^suchsumsusit

thinlm^litfor

performing ^its

functions under ^{this Act, andsuch}sums.

is be treated as

expenditure payable

under

this Act.

32.

Budget.—

The Council

shall

prepare,

in such form and^atsuch

time

each year ^as

may

be

prescribed.

a

budg"

respect of the financial year ^next

ensuring

sltouing

the estimated

receipts ^and

expenditure ^and

copies

thereofshall be

forwafd to the

Government. '

33. Annual

Report.—

The Council shall

prepare ^once

every year, in

such form and^at

such ^timeas

may

be _

scribed. ^anannual

report giving ^{a trueand full}account^{of its}activities

during ^the

previous year,^and

copies

thereof

shall forwarded to the

Government.

34.

Accounts

and audiL——

(l)

The Council

shall cause^tobe

maintained

such

books ofaccount and

otherboo relation ^to

its accountsⁱⁿ

such form

andIn^suchmanner^asmay, ⁱⁿ

consultation^withthe

Compuoller ^and

Auditor

Generals India

require ^tobe

prepared. form, ^andforward^thesametothe

Comptroller ^andAuditor General^ofIndia

by ^such

date, ^asthe

Central Government

may consultation ^withthe

Comptroller ^andAuditor

General,

determine. '

(31 ^Theaccounts^oftheCouncil ^as

certified ^{by the}

Comptroller ^and

Auditor General ol'lndia ^{or any}

otherp '

appointed by

him'In^thisbehalf

together ^withtheaudit report

thereon shall ^beforwarded

annually ^{to the}Goverrunent

and^I Government shall cause the same^tobe laid before the

Legislative Assembly

ofDelhi

CHAPTERV

REGISTRATION

35

Persons

entitled to

registrations—(l) Every personpossessing

the

qualifications

as a

physiotherapist

oro pational

therapist

mentioned'to^the

Schedule

shall, subject ^{to the}

provision

contained ^{in thisActand}

payment ^ofsuch

fcos"

ni'ay ^be

prescribed^Inthis

behalf, ^beentitled^{tohavehisname}entered^inthe

register ^asthecase

may^be,subject

to

"

conditions as the Council may prescribe. '

(2) Every pcrsou

applying ^for

registration asphysiothcrapist ^or

occupational therapist

shallIn ^his

application

_ a

declaration that hers in full

time

practice ofphysiotherapy

or

occupational

therapy,

as the case

may be,

and not

engaged' In ^I other

trade^orbusiness^or

profession. ^Heshall further undertake^{that if,}

after

registration

hetakcs

up ^oris

engaged^Insomenth profession ^or

business, ^heshall

forthwith inform^theCouncil ^ofsuch

service ^or

employment ^or

engagement ^andshall

cease:

practise ^as

physiotherapistor

occupational therapist. ^asthecase

may^be.Hisnameshall ^be

deleted^fromthe

Register. ^"3'

(3) ^The

application ^of

registration

shall^be

accompanied

by ^alldocuments

required ^tobe

produced ^as

given ⁱⁿ prescribed

form. (-1} ^The

application ^for

registration

shall ^be

submitted ^tothesecretary,^who

shall after

scrutiny, place ^it

before'ili

; concerned Cell^at

the MM

meeting

for its recommendation and thereafter before the

Council

with the recommendation oftli. ^I Cell. ^.5"

(5) ^TheCouncil may require

any candidate^to

appear before^itin

support ^ofany

statement ^made

by ^{him in}hiS' '

lite Re

.' application ^to

furnish ^such

other

particulars ^as

may^be

required. gt.

It,

.

I'd-r

I

I'm In! ^'4

"1' I._____3.-