Rehabilitation Council of India (Amendment) Act, 2000 [Repealed]
[Repealed by Act 23 of 20162]
Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:
Prefatory Note Statement of Objects and Reasons. The Rehabilitation Council of India Act, 1992 came into force on 31st July, 1993. The said Act conferred statutory status on the Rehabilitation Council which was set up in 1986 as a registered society. The Council is responsible for laying down training policies and programmes for various categories of professionals in the area of disability. In addition, the Act, inter alia, provides for the maintenance of a Central Rehabilitation Register for professionals possessing recognised qualifications in the area of rehabilitation.
2. With a view to monitoring the implementation of the aforesaid Act, a committee of experts was set up on 7th July, 1998. The Committee suggested certain amendments in the Act.
3. The proposed amendments have been made with a view to making the implementation of the said Act more effective and broad based in the following manner namely, (i) bringing the definitions given in the Rehabilitation Council of India Act, 1992 in conformity with those given in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; (ii) increasing the number of members representing the Ministries of the Central Government on the Rehabilitation Council of India (herein referred to as the Council); (iii) providing for qualifications for the Chairperson of the Council; (iv) enhancing the period of appeal from thirty days to sixty days; (v) recognising professionals working in the Vocational Rehabilitation Centres and National Institutes as persons working in the area of disability; and (vi) exempting medical professionals, in some specific disciplines, namely, physical medicine, rehabilitation, orthopaedics, ENT, ophthalmic, psychiatric and paramedics from the requirement of registration under the said Act.
4. The Bill seeks to achieve the aforesaid objects.
Section 1. Short title
This Act may be called the Rehabilitation Council of India (Amendment) Act, 2000.
Section 2. Amendment of long title
In the Rehabilitation Council of India Act, 1992 (34 of 1992) (hereinafter referred to as the principal Act), in the long title, for the words the training of rehabilitation professionals and , the words and monitoring the training of rehabilitation professionals and personnel, promoting research in rehabilitation and special education, shall be substituted.
Section 3. Amendment of Section 2
In Section 2 of the principal Act,
(1) in sub-section (1),
(i) for clause (c), the following clause shall be substituted, namely:
(c) handicapped means a person suffering from any disability referred to in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); ;
(ii) clauses (d) and (e) shall be omitted;
(iii) after clause (m), the following clause shall be inserted, namely:
(ma) rehabilitation refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels; ;
(iv) clause (o) shall be omitted;
(2) after sub-section (1), the following sub-section shall be inserted, namely:
(1-A) Words and expressions used and not defined in this Act but defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall have the meanings respectively assigned to them in that Act. .
Section 4. Amendment of Section 3
In Section 3 of the principal Act, in sub-section (3), for clauses (a) and (b), the following clauses shall be substituted, namely:
(a) a Chairperson, from amongst the persons having experience in administration with professional qualification in the field of rehabilitation, disabilities and special education, to be appointed by the Central Government;
(b) such number of members not exceeding seven, as may be nominated by the Central Government, to represent the Ministries of the Central Government dealing with matters relating to persons with disabilities; .
Section 5. Amendment of Section 13
In Section 13 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:
(2-A) Notwithstanding anything contained in sub-section (2), any person being a doctor or a paramedic in the field of physical medicine and rehabilitation, orthopaedics, ear, nose or throat (ENT), ophthalmology or psychiatry, employed or working in any hospital or establishment owned or controlled by the Central Government or a State Government or any other body funded by the Central or a State Government and notified by the Central Government, may discharge the functions referred to in clauses (a) to (d) of that sub-section. .
Section 6. Amendment of Section 19
In Section 19 of the principal Act, the following provisos shall be inserted at the end, namely:
Provided that the Council shall register vocational instructors and other personnel working in the vocational rehabilitation centres under the Ministry of Labour on recommendation of that Ministry and recognise the vocational rehabilitation centres as manpower development centres:
Provided further that the Council shall register personnel working in national institutes and apex institutions on disability under the Ministry of Social Justice and Empowerment on recommendation of that Ministry and recognise the national institutes and apex institutions on disability as manpower development centres. .
Section 7. Amendment of Section 22
In Section 22 of the principal Act, in sub-section (2), for the words period of thirty days , at both the places where they occur, the words period of sixty days shall be.
1. Received the assent of the President on 4-9-2000 and published in the Gazette of India, Extra., Part II, Section 1.
2. Ed.: Act 38 of 2000 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016: 4. Savings. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.