Rehabilitation Council of India Act of 1992/Amendement 2000 Proposed Amendments
RCI ACT 1992 - Current Position ACT Amendment - 2000
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The RCI Act 1992 and its Proposed Amendments
The Act with Proposed Amendments Reasons for Change Act After Approval of Amendments 2000 Proposed Amendments
An Act to provide for the Insert 'development ' Development of An Act to provide for the constitution of the before regulating professionals and constitution of the Rehabilitation council of Substitute special personnel is necessary Rehabilitation Council of India for regulating the education for ' education and is already being done India for the development, training of rehabilitation of persons with disability`
by RCI through its training regulation training and
programmes and therefore
professionals and Include `habilitation` along
monitoring of training of
needs to be included. habilitation and
monitoring the training of with rehabilitation. rehabilitation of
rehabilitation professionals Include "early intervention" professionals and and personnel, promoting and prevention along with Development needs to
rehabilitation precede regulation so that
personnel and promoting
research in rehabilitation 'quality service' is made research in rehabilitation, and special education and available to PWD's. prevention,early
the maintenance of a Regulations without intervention, special
Central Rehabilitation development does not education, for persons with
Register and for matters meet the needs of PWD's. disability. Maintenance of connected therewith or Research in prevention a central Rehabilitation
incidental thereto. and early intervention is
Register and for matters
important to reduce the connected therewith or
magnitude of disability in incidental thereto.
the country.
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| Chapter I – Preliminary |
| The Act with Amendments 2000 1. (1) This Act may be called the Rehabilitation Council of India Act 1992. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint. |
Proposed Amendments No change No change |
Reasons for Change |
Act After Approval of Proposed Amendments 1. (1) This Act may be called the Rehabilitation Council of India Act 1992. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint. |
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| Chapter I – Preliminary |
| Proposed Amendments No change (c) “Handicapped” should be replaced by `Person With Disability ` A person with disability as defined in section 2 of the Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, and amendments. |
Act After Approval of Proposed Amendments 2. (1) In this Act, unless the context otherwise requires: (a) “Chairperson” means the Chairperson of the Council appointed under sub-section (3) of section 3 (b) “Council” means Rehabilitation Council of India constituted under section 3; (c) A person with disability is defined in section 2 of the Persons with Disability, Equal Opportunities, Protection of Rights and Full participation Act 1995, and amendments thereof. |
Amendments 2000 Proposed Amendments
2. (1) In this Act, unless 2. (1) In this Act, unless the the
context otherwise context otherwise requires:
requires: No change
(a) "Chairperson" means
(a) "Chairperson" means the Chairperson of the the Chairperson of the Council appointed under Council appointed under sub-section (3) of section sub-section (3) of section 3
3 (b) "Council" means
(b) "Council" means Rehabilitation Council of Rehabilitation Council of (c) "Handicapped"
'Person with disability' is India constituted under India constituted under should be replaced by more appropriate section 3; section 3;
`Person With Disability ` terminology (c) A person with disability
(c) "handicapped" means A person with disability as is defined in section 2 of a person suffering from defined in section 2 of the the Persons with Disability, any disability referred to in Persons with disabilities Equal Opportunities, clause (i) of section 2 of (Equal Opportunities, Protection of Rights and the Persons With Protection of Rights and Full participation Act 1995, Disabilities (Equal Full Participation) Act and amendments thereof. Opportunities, Protection 1995, and amendments.
of Rights and Full
Participation) Act 1995.
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| Chapter I – Preliminary |
| The Act with Amendments 2000 (d) Omitted (e) Omitted (f) “member” means a member appointed under sub-section (3) of section 3 and includes the Chairperson (g) “Member Secretary” means the Member Secretary appointed under sub-section (1) of section 8. (h) “Mental Retardation” means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub-normality of intelligence. (i) "Notification” means a notification published in the Official gazette |
Proposed Amendments d) Omitted e) Omitted No Change No change (h) ‘Mental Retardation means a condition of arrested or incomplete development of the mind which is specifically characterised by impairment of adaptive behaviour manifested during the developmental period which contributes to the overall level of intelligence, i.e cognitive, language, motor and Social abilities. No Change |
Reasons for Change d) Omitted vide The Rehabilitation “Council of Inida (Amendment) Act 2000. e) Omitted vide The Rehabilitation “Council of Inida (Amendment) Act 2000. (h) This definition is as per suggestions for Amendment in the Persons with Disabilities Act 1995 |
Act After Approval of Proposed Amendments (d ) Omitted (e)Omitted (f) “member” means a member appointed under sub-section (3) of section 3 and includes the Chairperson (g) “Member Secretary” means the Member Secretary appointed under sub-section (1) of section 8. (h) ‘Mental Retardation means a condition of arrested or incomplete development of the mind which is specifically characterised by impairment of adaptive behaviour manifested during the developmental period which contributes to the overall level of intelligence, i.e cognitive, language, motor and Social abilities. (i) "Notification” means a notification published in the Official gazette |
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| Chapter I – Preliminary |
| The Act with Amendments 2000 (j) “prescribed” means prescribed by regulations (k) “recognised rehabilitation qualifications” means any of the qualifications included in the Schedule; (l) “Register” means the Central Rehabilitation Register maintained under sub-section (1) of section 23. (m) “regulations” means regulations made under this Act. (ma) “Rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and maintain their optimum physical, sensory, intellectual, psychiatric or social functional levels |
Proposed Amendments (j) No change (k) No change (l) No change (m) No change |
Reasons for Change |
Act After Approval of Proposed Amendments (j) “prescribed” means prescribed by regulations (k) “recognised rehabilitation qualifications” means any of the qualifications included in the Schedule; (l) “Register” means the Central Rehabilitation Register maintained under sub-section (1) of section 23. (m) “regulations” means regulations made under this Act. (ma) “Rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and maintain their optimum physical, sensory, intellectual, psychiatric or social functional levels. |
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| Chapter I – Preliminary |
| The Act with Amendment 2000 (n) “rehabilitation professionals” means- i.Clinical Psychologists ii.Hearing aid and ear mould technicians iii.Audiologists and speech therapists iv.Rehabilitation engineers and technicians v.Special teachers for educating and training the handicapped vi.Vocational counselors, employment officers and placement officers dealing with handicapped vii.Multi-purpose rehabilitation therapists, technicians or |
Proposed Amendments Include (n) “rehabilitation professionals / personnel” (V & VI) Handicapped should be replaced by `person with disability` |
Reasons for Change Applies to rehabilitation personnel also facilitates application to all teachers |
Act After Approval of Proposed Amendments (n) Rehabilitation professionals and personnel means i. Clinical Psychologists ii. Hearing aid and ear mould technicians iii. Audiologists and speech therapists iv. Rehabilitation engineers and technicians v. Special teachers for educating and training the handicapped vi. Vocational counselors, employment officers and placement officers dealing with persons with disabilities. vii. Multi-purpose rehabilitation therapists, technicians or |
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| Chapter I – Preliminary |
| The Act with Amendments 2000 viii. Speech pathologists. ix. Rehabilitation psychologists x. Rehabilitation social workers. xi. Rehabilitation practitioners in Mental Retardation. xii. Orientation and mobility specialists. xiii. Community based rehabilitation professionals xiv. Rehabilitation counselors / Administrators xv. Prosthetics and orthotics. xvi. Rehabilitation workshop managers. |
Proposed Amendments No change xvii. Include ophthalmic technicians xviii.Rehabilitation care- givers xix. Therapeutic Recreation specialists xx. Add Medical Practitioners or professional / personnel registered with any recognized Council of Govt. of India (optional) xxi. Any other category of Professionals included from time to time |
Reasons for Change Already included in the schedule The Act needs to keep up with the needs of persons with disability, hence these additional categories of professionals need to be included in the schedule. |
Act After Approval of Proposed Amendments viii. Speech pathologists. ix. Rehabilitation psychologists x. Rehabilitation social workers. xi. Rehabilitation practitioners in Mental Retardation. xii. Orientation and mobility specialists. xiii. Community based rehabilitation professionals xiv. Rehabilitation counselors / Administrators xv. Prosthetics and orthotics. xvi. Rehabilitation workshop managers. xvii Any other category of Professionals included from time to time xviii. Ophthalmic technicians xix. Rehabilitation care- givers xx. Therapeutic Recreation Specialists xxi. Medical Practitioners or professional / personnel registered with any recognized Council of Govt. of India (optional) |
xxi. Any other category of Professionals included from time to time
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| Chapter I – Preliminary |
| The Act with Amendments 2000 (o) Omitted (p) Include 1(A) Words and expressions used and not defined in this Act but defined in the Persons with Disabilities (Equal Opportunities, Protection of Rihts and full participation) Act, 1995 shall have the meanings respectively assigned to them in that Act. |
Proposed Amendments (No change) (p) “Reasonable Accommodation” is defined as necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms No Change |
Reasons for Change Omitted vide “The rehabilitation Council of India (Amendments) Act 2000 This is in keeping with the UNCRPD (UN convention on rights of persons with disabilities) which has been signed and ratified by the Govt. of India. note rehabilitation personnel is a category for registration under Central Rehabilitation Register (CRR) certificate holder/ diploma holder (after 10th and 10+2,) in any of the above categories defined under section 2(n) |
Act After Approval of Proposed Amendments (o) Omitted (p)Reasonable ccommodation” is defined as necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms original numbering changes note rehabilitation personnel is a category for registration under Central Rehabilitation Register (CRR) certificate holder/ diploma holder (after 10th and 10+2,) in any of the above categories defined under section 2(n) 1(A) Words and expressions used and not defined in this Act but defined in the Persons with Disabilities (Equal Opportunities, Protection of Rihts and full participation) Act, 1995 shall have the meanings respectively assigned to them in that Act. |
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| Chapter I – Preliminary |
| The Act with Amendments 2000 2. (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 2. (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 3. (1) With effect from such date as the Central Govt. 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 (2) 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 contract and shall by the said name sue and be sued. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (1) With effect from such date as the Central Govt. 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 (2) 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 contract and shall by the said name sue and be sued. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 3. The Council shall consist of the following members, namely – (a) A Chairperson from amongst persons having experience in administration with professional qualification in the field of rehabilitation, disabilities and special education, to be appointed by the Central Government. |
Proposed Amendments 3. (a) Chairperson from amongst persons not exceeding 70 years of age having experience in administration with professional qualification and “experience” in the field of rehabilitation , disabilities and special education, to be appointed by the Central Government. (aa) A Vice Chairperson from amongst persons having experience in administration with professional qualification and experience in the field of rehabilitation , disabilities and special education, to be appointed by the Central Government. |
Reasons for Change 3 (a) Expands on criteria to include ‘experience’ in the field of rehabilitation lays down the limit of age ‘not exceeding 70 years of age’ (aa) RCI has grown much in the last decade. A Vice Chairperson would facilitate Administration. He would chair meetings in the absence of the chairperson. He would also provide continuity and if found suitable by the Govt. he/she could be groomed for the appointment of Chairperson |
Act After Approval of Proposed amendments 3. The Council shall consist of the following members, namely – (a) Chairperson from amongst persons not exceeding 70 years of age having experience in administration with professional qualification and “experience” in the field of rehabilitation , disabilities and special education, to be appointed by the Central Government. (aa) A Vice Chairperson from amongst persons having experience in administration with professional qualification and experience in the field of rehabilitation , disabilities and special education, to be appointed by the Central Government. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 3. (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. |
Proposed Amendments 3.(b) Such number of members not exceeding seven, as may be nominated by the Central Government to represent the ministy of Social Justice and Empoverment, Health and Family Welfare, Human Resourse Development and the remaining three minstries taken by rotation as required A member not lower than the rank of Joint Secretary should represent the Ministry |
Reasons for Change Emphasizes the specific ministries more closely connected with disability and at the same time permits representation by other ministries on an ‘as required’ basis To provide for reasonable level of interaction and intervention. |
Act After Approval of Proposed Amendments 3 (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 in matters relating to persons with disabilities to include 1. Social Justice and Empowerment 2. Health and Family Welfare 3. Human Resource Development 4. Rural Development. and the remaining three ministries taken by rotation as required. A member not lower than the rank of Joint Secretary should represent the Ministry. |
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| Chapter I – Preliminary |
| The Act with Amendments 2000 3. (c) one member to be appointed by the Central Govt. to represent the University Grants Commission (d) one member to be appointed by the Central Government to represent the Directorate General of Indian Council of Medical Research. (e) two members to be appointed by the Central Govt. to represent the Ministry or department of the states or the Union territories dealing with Social Welfare by rotation in alphabetical order. |
Proposed Amendments No change |
Reasons for Change |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 3. (f) such number of members not exceeding six as may be appointed by the central govt. from amongst the rehabilitation professionals working in voluntary organizations. (g) such number of members not exceeding four as may be appointed by the Central Govt. from amongst the medical practitioners enrolled under the India Medical Council Act, 1956 and engaged in rehabilitation of the handicapped (h) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States |
Act After Approval of Proposed Amendments f) Ten members as may be appointed by the Central Government representing all the recognized categories of disabilities with at least ten percent of the total being person with disabilities themselves or parents. (g) such number of members not exceeding four as may be appointed by the Central Govt. from amongst the medical practitioners enrolled under the India Medical Council Act, 1956 and engaged in rehabilitation of persons with disability representing four different specializations in the field of disability. (h) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
f) Ten members as may be
3. (f) such number of f) Ten members f) Need to include appointed by the Central members not exceeding representing members representing all Government representing all six as may be appointed all the recognized recognized categories of the recognized categories of by the central govt. from categories of disabilities disabilities and need to disabilities with at least ten amongst the rehabilitation with at least ten per cent include persons with percent of the total being professionals working in of disability themselves or person with disabilities voluntary organizations. the total being persons parents
themselves or parents. with disabilities
(g) such number of themselves or parents. g) Need to include only (g) such number of members members not exceeding g) Insert "representing 4 those categories of not exceeding four as may four as may be appointed different specializations in medical practitioners who be appointed by the Central by the Central Govt. from the field of disability". Govt. from amongst the are dealing in amongst the medical Delete "Handicap". medical practitioners enrolled rehabilitation of persons practitioners enrolled under the India Medical with disabilities.
under the India Medical Council Act, 1956 and
Council Act, 1956 and engaged in rehabilitation of
engaged in rehabilitation persons with disability
of the handicapped representing four different specializations in the field of
(h) three Members of disability.No change Parliament of whom two
shall be elected by the (h) three Members of House of the People and Parliament of whom two shall one by the Council of be elected by the House of States the People and one by the Council of States
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| Chapter II – Preliminary |
| The Act with Amendments 2000 3. (i) such number of members not exceeding three as may be nominated by the Central Govt. from amongst the social workers who are actively engaged in assisting the disabled (j) the Member-Secretary, ex officio |
Proposed Amendments (i) Social Workers involved in disability work (j) one member from the Universities conducting disability related courses. (new member) Numbering of original ‘j’ becomes ‘k’ l) The Council shall constitute Regional State Level Committees for such areas as may be specified by it from time to time. |
Reasons for Change Simplifies the text without changing the meaning. j) Need to ensure the opening up of higher education to disability related courses. l) The Council needs to have some mechanism through which it can interact with and monitor the working of institutions in the States and apply corrective measures. |
Act After Approval of Proposed Amendments 3 (i) Social workers involved in disability work not exceeding three as may be nominated by the Central Government j) one member from the Universities conducting disability related courses. (new member) k) The Member Secretary. Ex-officio. l) The Council shall constitute Regional state Level committees for such areas as may be specified by it from time to time. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
3. (i) such number of (i) Social Workers
members not exceeding involved in disability work Simplifies the text without 3 (i) Social workers three as may be changing the meaning. involved in disability work
nominated by the Central j) Need to ensure the not exceeding three as Govt. from amongst the opening up of higher may be nominated by the
social workers who are education to disability Central Government
actively engaged in related courses.
assisting the disabled
j) one member from the
(j) the Member-Secretary, (j) one member from the Universities conducting ex officio Universities conducting disability related courses.
disability related courses. (new member)
(new member) Numbering of original 'j' k) The Member Secretary.
becomes 'k' Ex-officio.
l) The Council needs to
l) The Council shall have some mechanism l) The Council shall
constitute Regional State through which it can constitute Regional state
Level Committees for such interact with and monitor Level committees for such
areas as may be specified the working of institutions areas as may be specified
by it from time to time. in the States and apply by it from time to time. corrective measures.
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| Chapter II – Preliminary |
| Proposed Amendments 4. (1) The Chairperson shall hold office for a term of five years with the provision of “to be extended up to two additional years”. (2) No Change |
Reasons for Change Two years is too short a period to ensure desirable outcomes |
Act After Approval of Proposed Amendments 4 (1)The Chairperson shall hold office for a term of five years from the date of his appointment with the provision to be extended upto two additional years. (2) A casual vacancy in the Council shall be filled in accordance with the provisions of section 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. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 4. (3) 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 prescribed. (4) 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. (5) 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. |
Act After Approval of Proposed Amendments 4. (3) 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 prescribed. (4) “The Vice chairperson” to chair the meeting in the absence of Chairperson. In the absence of both Chairperson & Vice- Chairperson any member elected by the members present from amongst themselves at the meeting shall preside over the meeting. (5) 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. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 5. No person shall be a member if he- (a) is, or becomes, of unsound mind or is so declared by a competent court; or (b) is, or has been convicted of any offence which in the opinion of the Central Government involves moral turpitude; or (c) is, or at any time has been adjudicated as insolvent |
Proposed Amendments 5(a) Should be deleted. Include 5. Clause (d), Ceases to be enrolled on the Rehab Council of India and registered in the case of a member referred to in clause (f & i) of sub sec.3 of sec.3. |
Reasons for Change 5 (a) A redundant and undesirable clause Delete |
Act After Approval of Proposed Amendments 5 (a) deleted (b) Is or has been convicted of any offence which in the opinion of the Central Government involves moral turpitude. (c) Is, or at any time has been adjudicated as insolvent 5 (d) Ceases to be enrolled on the Rehab Council of India and registered in the case of a member referred to in clause (f & i) of sub sec.3 of sec.3 |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 If a member- 6. (a) becomes subject to any of the disqualifications mentioned in section 5; or (b) is absent without excuse, sufficient in the opinion of the Council from three consecutive meetings of the Council; or (c) 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, His seat shall thereupon become vacant. |
Proposed Amendments Include 6 (d) Ceases to be a member if RCI, derecognizes the training institute he / she represents in the case of a member referred to in clause (f) of Sub-section (3) of Section (3) |
Reasons for Change 6 (d) If a rehabilitation professional as general sec 3 (3) is in charge of an institute that is derecognized then it would be undesirable that he/she should continue as a Council member. |
Act After Approval of Proposed Amendments 6.If a member- (a) becomes subject to any of the disqualifications mentioned in section 5; or (b) is absent without excuse, sufficient in the opinion of the Council from three consecutive meetings of the Council; or (c) 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, (d) Ceases to be a member if RCI, derecognizes the training institute he / she represents in the case of a member referred to in clause (f) of Sub-section (3) of Section (3) His seat shall thereupon become vacant. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
6.If a member- If a member- (a) becomes subject to any
6. (a) becomes subject to of the disqualifications any of the mentioned in section 5; or disqualifications (b) is absent without excuse, mentioned in section 5; or sufficient in the opinion of the
(b) is absent without Council from three excuse, sufficient in the consecutive meetings of the opinion of the Council Council; or
from three consecutive (c) ceases to be enrolled on meetings of the Council; the Indian Medical Register or in the case of a member
(c) ceases to be enrolled Include referred to in clause (g) of on the Indian Medical 6 (d) Ceases to be a sub-section (3) of section 3, Register in the case of a member if RCI,
member referred to in derecognizes the training (d) Ceases to be a member if clause (g) of sub-section institute he / she RCI, derecognizes the
(3) of section 3, represents in the case of training institute he / she His seat shall thereupon a member referred to in represents in the case of a become vacant. clause (f) of Sub-section 6 (d) If a rehabilitation member referred to in clause
(3) of Section (3) professional as general sec 3 (f) of Sub-section (3) of
(3) is in charge of an institute Section (3) that is derecognized then it His seat shall thereupon would be undesirable that
he/she should continue as a become vacant. Council member.
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Chapter II - Preliminary The Act with Amendments Proposed Amendments Reasons for Change Act After Approval of Proposed 2000 Amendments
7. (1) The Council shall 7. (1) The Council shall constitute from amongst No change constitute from amongst its members an Executive its members an
Committee and such Executive
other committees for Committee and such
general or special other committees for
purposes as the Council general or special deems necessary to carry purposes as the Council out the purposes of this deems necessary to carry Act. out the purposes of
(2) The Executive this Act. Committee shall consist (2) The Executive of the Chairperson who Committee shall consist shall be member ex of the Chairperson officio and not less than who shall be seven and not more than member ex officio and ten members who shall not less than seven and be nominated by the not more than ten Council from amongst its members who members. shall be nominated by
(3) The Chairperson shall the Council from be the Chairperson of the amongst its members. Executive Committee (3) The Chairperson shall be the Chairperson of the
Executive Committee.
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| Chapter II – Preliminary |
| The Act with Amendments 2000 (4) 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. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (4) 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. |
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| Chapter II – Preliminary |
| The Act with Amendments 2000 |
Proposed Amendments Include 7. (5) Regional / State chapters of the RCI shall be established with the appropriate infrastructure and staff as may be decided by the Council. a) Under the Regional / State chapter, a committee will be constituted. The committee shall consist of inter-alia an officer of the civil services of the Union or of a State, not below the rank of the Director or Commissioner of disability having good experience in disability area. b) The Convenor of the Chapter will be a representative of the RCI as its employee. c) A representative of the State Assembly, d) A representative of an organization registered with the Council e) A person with disability as defined in clause (h) of sec. 2 of the RCI Act. f) A parent of person with disability. g) A Regional / State Level committee shall continue to work for a period of three years from the date of its constitution or till such time it is reconstituted by the Council. h) The Regional / State Level Committee shall meet at least once in every three months or at such interval as may be prescribed. i) Functions of the Regional / State Chapters shall be such as delegated and directed by the Council. |
Reasons for Change • The Council is not able to carry out its functions in the States and UTs without adequate means to coordinate, monitor, communicate with its institutions and to apply corrective measures. • In the composition of Regional/State Chapters it was felt that persons with disability and their parents needed to be part of such organizations so as to ensure right outcomes. • Functions and manner of working will be elaborated on approval of institution of these bodies. • Till then recommendation made at 3(l) will be necessary. |
Reasons for Change
Act After Approval of 2000 Proposed AmendmentsInclude
7. (5) Regional / State chapters of the • The Council is not able to carry out 7 (5) (5) Regional / State chapters of RCI shall be established with the its functions in the States and UTs the RCI shall be established with appropriate infrastructure and without adequate means to the appropriate infrastructure and staff as may be decided by the coordinate, monitor, communicate staff as may be decided by the Council. with its institutions and to apply Council.
a) Under the Regional / State corrective measures. a) Under the Regional / State chapter, a committee will be • In the composition of Regional/State chapter, a committee will be constituted. The committee shall Chapters it was felt that persons
consist of inter-alia an officer of with disability and their parents constituted. The committee shall
needed to be part of such consist of inter-alia an officer of the civil services of the Union or organizations so as to ensure right the civil services of the Union or of a State, not below the rank of outcomes. of a State, not below the rank of
the Director or Commissioner of • Functions and manner of working the Director or Commissioner of
disability having good experience will be elaborated on approval of disability having good experience
in disability area. institution of these bodies. in disability area.
b) The Convenor of the Chapter will be • Till then recommendation made at b) The Convenor of the Chapter will be a representative of the RCI as its 3(l) will be necessary . a representative of the RCI as its employee. employee.
c) A representative of the State c) A representative of the State Assembly, Assembly,
d) A representative of an organization d) A representative of an organization registered with the Council registered with the Council
e) A person with disability as defined f) A parent of person with disability. in clause (h) of sec. 2 of the RCI g) A Regional / State Level committee Act. shall continue to work for a period
f) A parent of person with disability. of three years from the date of its
g) A Regional / State Level committee constitution or till such time it is shall continue to work for a period reconstituted by the Council. of three years from the date of its h) The Regional / State Level constitution or till such time it is Committee shall meet at least reconstituted by the Council. once in every three months or at
h) The Regional / State Level such interval as may be Committee shall meet at least prescribed. once in every three months or at i) Functions of the Regional / State such interval as may be Chapters shall be such as prescribed. delegated and directed by the
i) Functions of the Regional / State Council. Chapters shall be such as
delegated and directed by the Till then recommendation of made 23 Council. at 3(l) will be necessary.
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Chapter II - Preliminary The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
8. (1) the Central 8. Member Secretary Equivalence of the Member 8.The Central Government Government shall appoint equivalent to the Secretary as in the National shall appoint the Member Secretary of the Council to the Member secretary of appointment of Joint Trust is desirable. exercise such powers and the Council to exercise Secretary` shall be perform such duties under
such powers and perform inserted the direction of the Council
such duties and the as may be prescribed or as
direction of the council as may be delegated to him by
may be prescribed or as the Chairperson. The
may be delegated to him appointment of Member
by the Chairperson Secretary shall be equivalent
(2) The Council shall, with to that of Joint Secretary. 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
24
| Chapter II – Preliminary |
| The Act with Amendments 2000 8. (3) The Council shall with the previous sanction of the central government fix the allowance to be paid to the Chairperson and other members and determine the conditions of service of the Member Secretary, officers and other employees of the Council. |
Proposed Amendments 8. (3) Salary of the Chairperson shall be equivalent to the basic pay of the Secretary to the Government of India. . Provided that where the Chairperson is a retired person from the Central Government or a State Government or Union Territory administration or semi government body or public sector undertaking or recognized research institution or other autonomous or statutory body, the salary payable together with the pension or pensionary value of the terminable benefits or both received by him shall not exceed the basic pay of Secretary of the Govt. of India. . Salary of the Vice chairperson shall be equivalent to the basic pay scale of the Additional Secretary to the Government of India. . Provided that where the Vice Chairperson is a retired person from the Central Government or a State Government or Union Territory administration or semi government body or public sector undertaking or recognized research institution or other autonomous or statutory body, the salary payable together with the pension or pensionary value of the terminable benefits or both received by him shall not exceed the basic pay of Additional Secretary of the Govt. of India. |
Reasons for Change Chairman of RCI and Chairpersons of other apex level national bodies like the Chairperson of the National Trust & the CCD are provided with the facilities as are admisable to Secretaries to the Govt. of India. Chairperson National Trust and CCD are receiving salaries admisable to secretaries, Govt. of India. Not paying an equivalent salry to Chiarman, RCI is discriminatory and unjust. There has been a major increase in the quantum of work and the number of institutions that the RCI has to work with since the time when the Act was promulgated. Salaries of Chairman & Vice-Chairman should therefore be equivalent to Secretary & Additional Secretary, Govt. of India. Till this decision is taken allowances as recommended by the Council needs to be paid. |
Act After Approval of Proposed Amendments (3) Salary of the Chairperson shall be equivalent to the basic pay of the secretary to the Government of India. . Provided that where the Chairperson is a retired person from the Central Government or a State Government or Union Territory administration or semi government body or public sector undertaking or recognized research institution or other autonomous or statutory body, the salary payable together with the pension or pensionary value of the terminable benefits or both received by him shall not exceed the basic pay of Secretary of the Govt. of India. . Salary of the Vice Chairperson shall be equivalent to the basic pay scale of the Additional Secretary to the Government of India. . Provided that where the Vice Chairperson is a retired person from the Central Government or a State Government or Union Territory administration or semi government body or public sector undertaking or recognized research institution or other autonomous or statutory body, the salary payable together with the pension or pensionary value of the terminable benefits or both received by him shall not exceed the basic pay of Additional Secretary of the Govt. of India. (4) Till such time as sec 8(3) comes into force the Council shall with the sanction of the Central Government fix the allowance to be paid to the Chairperson, Vice Chairperson and other members. |
Reasons for Change
Act After Approval of 2000 8. (3) Salary of the Chairperson Proposed AmendmentsChairman of RCI and Chairpersons of (3) Salary of the Chairperson shall be
8. (3) The Council shall with the shall be equivalent to the basic other apex level national bodies like equivalent to the basic pay of the previous sanction of the central pay of the Secretary to the the Chairperson of the National Trust secretary to the Government of India. government fix the allowance to Government of India. & the CCD are provided with the . Provided that where the Chairperson facilities as are admisable to be paid to the Chairperson and . Provided that where the is a retired person from the Central Secretaries to the Govt. of India. Government or a State Government or other members and determine the Chairperson is a retired person Chairperson National Trust and CCD Union Territory administration or semi conditions of service of the from the Central Government or a are receiving salaries admisable to government body or public sector Member Secretary, officers and State Government or Union secretaries, Govt. of India.
undertaking or recognized research other employees of the Council. Territory administration or semi government body or public sector institution or other autonomous or undertaking or recognized Not paying an equivalent salry to
statutory body, the salary payable
Chiarman, RCI is discriminatory and together with the pension or research institution or other autonomous or statutory body, the unjust.
pensionary value of the terminable
benefits or both received by him shall
salary payable together with the not exceed the basic pay of Secretary
pension or pensionary value of the There has been a major increase in of the Govt. of India. terminable benefits or both the quantum of work and the number . Salary of the Vice Chairperson shall received by him shall not exceed of institutions that the RCI has to work be equivalent to the basic pay scale of the basic pay of Secretary of the with since the time when the Act was the Additional Secretary to the promulgated. Govt. of India.
Government of India.. Provided that where the Vice
. Salary of the Vice chairperson shall be equivalent to the basic Salaries of Chairman & Vice-Chairman Chairperson is a retired person from
should therefore be equivalent to the Central Government or a State pay scale of the Additional Secretary & Additional Secretary, Government or Union Territory Secretary to the Government of Govt. of India. Till this decision is taken administration or semi government
India. allowances as recommended by the body or public sector undertaking or
. Provided that where the Vice Council needs to be paid. recognized research institution or Chairperson is a retired person other autonomous or statutory body, from the Central Government or a the salary payable together with the State Government or Union pension or pensionary value of the terminable benefits or both received Territory administration or semi by him shall not exceed the basic pay government body or public sector of Additional Secretary of the Govt. of undertaking or recognized India.
research institution or other(4)Till such time as sec 8(3) comes into autonomous or statutory body, the force the Council shall with the
salary payable together with the sanction of the Central Government fix pension or pensionary value of the the allowance to be paid to the
terminable benefits or both Chairperson, Vice Chairperson and other members. received by him shall not exceed
the basic pay of Additional 25
Secretary of the Govt. of India.
25
| Chapter II – Preliminary |
| The Act with Amendments 2000 |
Proposed Amendments Include 8. (5) The Chairman shall function as Head of the Department and Member Secretary as Head of the Office / administration |
Reasons for Change |
Act After Approval of Proposed Amendments 8 (5) The Chairman shall function as Head of the Department and Member Secretary as Head of the Office / administration |
26
| Chapter II – Preliminary |
| The Act with Amendments 2000 9. No act or proceedings of the Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council or a committee thereof as the case may be. |
Proposed Amendments No change |
Reasons for Change No change |
Act After Approval of Proposed Amendments No act or proceedings of the Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council or a committee thereof as the case may be. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
9. No act or proceedings of No change No change the Council or any No act or proceedings of the committee thereof shall Council or any committee be called in question on thereof shall be called in the ground merely of the question on the ground existence of any vacancy merely of the existence of in, or any defect in the any vacancy in, or any constitution of the Council defect in the constitution or a committee thereof as of the Council or a the case may be. committee thereof as the case may be.
27
| Chapter II – Preliminary |
| The Act with Amendments 2000 10.(1) On and from the date of the constitution of the Council, the Rehabilitation Council shall stand dissolved and on such dissolution- (a) all properties and assets, movable and immovable of or belonging to the Rehabilitation Council shall vest in the council (b) all the rights and liabilities of the Rehabilitation Council shall be transferred to, and be the rights and liabilities of the Council. |
Proposed Amendments No Change |
Reasons for Change |
28
| Chapter II – Preliminary |
| The Act with Amendments 2000 (c) without prejudice to the provisions of clause (b) all liabilities incurred, all contracts entered into on all matters and things engaged to be done by, with or for the Rehabilitation Council immediately before that 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. (d) all sums of money due to the Rehabilitation Council immediately before that date shall be deemed to be due to the Council |
Proposed Amendments No Change |
Reasons for Change |
Act After Approval of Proposed Amendments (c) without prejudice to the provisions of clause (b) all liabilities incurred, all contracts entered into on all matters and things engaged to be done by, with or for the Rehabilitation Council immediately before that 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. (d) all sums of money due to the Rehabilitation Council immediately before that date shall be deemed to be due to the Council |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
(c) without prejudice to the No Change provisions of clause (b) all (c) without prejudice to the liabilities incurred, all provisions of clause (b) all contracts entered into on all liabilities incurred, all matters and things engaged contracts entered into on all to be done by, with or for the matters and things engaged Rehabilitation Council to be done by, with or for the immediately before that date, Rehabilitation Council for or in connection with the immediately before that date, purposes of the said for or in connection with the Rehabilitation Council shall purposes of the said be deemed to have been Rehabilitation Council shall incurred, entered into, or be deemed to have been engaged to be done by with incurred, entered into, or or for the Council. engaged to be done by with or for the Council.
(d) all sums of money due to the Rehabilitation Council (d) all sums of money due to immediately before that date the Rehabilitation Council shall be deemed to be due to immediately before that date the Council shall be deemed to be due to the Council
29
| Chapter II – Preliminary |
| The Act with Amendments 2000 e) All suits and other legal proceedings instituted or which could have been instituted by or against the rehabilitation Council immediately before that date may be continued or may be instituted by or against the Council; and (f) Every employee holding any office under the Rehabilitation Council immediately before that date shall hold his office in the Council by same tenure and upon the same terms and conditions of services as respects remuneration , leave, provident fund, retirement and other terminal benefits as he would have shall continue to do so as an employee of the Council or until the expiry of a period of six months from that date if such employee opts not be the employee of the Council within such period. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments e) All suits and other legal proceedings instituted or which could have been instituted by or against the rehabilitation Council immediately before that date may be continued or may be instituted by or against the Council; and (f) Every employee holding any office under the Rehabilitation Council immediately before that date shall hold his office in the Council by same tenure and upon the same terms and conditions of services as respects remuneration , leave, provident fund, retirement and other terminal benefits as he would have shall continue to do so as an employee of the Council or until the expiry of a period of six months from that date if such employee opts not be the employee of the Council within such period. |
30
| Chapter II – Preliminary |
| The Act with Amendments 2000 10.(2) 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. |
Proposed Amendments No Change |
Reasons for Change |
Act After Approval of Proposed Amendments (2) 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. |
31
Chapter II - Preliminary The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
Explanation - In this section, No change
"Rehabilitation Council" Explanation - In this section, means the Rehabilitation "Rehabilitation Council"
Council, a society formed means the Rehabilitation and registered under the Council, a society formed Societies Registration Act, and registered under the 1860 and functioning as such Societies Registration Act, immediately before the 1860 and functioning as such constitution of the Council. immediately before the constitution of the Council.
32
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 11.(1) The qualifications granted by any University or other institutions in India which are included in the Schedule shall be recognized qualifications for rehabilitation professionals. |
Proposed Amendments |
Reasons for Change |
Act After Approval of Proposed Amendments 11.(1) The qualifications granted by any University or other institutions in India which are included in the Schedule shall be recognized qualifications for rehabilitation professionals. |
33
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
2) Any University or other 11.(2) Any University or 11.(2) Apply to the Council in It is a matter to be handled at institutions which grants other institutions which place of Central the level of Council. qualifications for the grants qualifications for Government. rehabilitation
rehabilitation professionals not included
professionals not in the schedule may apply
included in the schedule to the Council to have any
may apply to the Council such qualification
to have any such recognized and the
qualification recognized Central Government, may
and the Council may by by notification amend the
notification for amend the schedule so as to include
schedule so as to include such qualification therein
such qualification therein and any such notification
and any such notification may also direct that an
may also direct that an entry shall be made in the
entry shall be made in the last columns of the
last columns of the schedule against such
schedule against such qualification only when
qualification only when granted after a specified
granted after a specified date.
date.
34
Chapter III - Functions of the Council The Act with Proposed Amendments
Reasons for Change
Act After Approval of Proposed Amendments 11(3) Functions of the Council 11(3) Function of RCI needs to be Amendments
It shall be the duty of the Council to take such steps as
2000
recorded as part of the Act. We are 11(3) Functions of the Councilit may deem necessary for ensuring development, already caryout these function. This needs to be rationalized . It shall be the duty of the Council to take such steps as promotion, facilitation, standardization, accreditation, it may deem necessary for ensuring development, recognition, regulation, examination and certification, promotion, facilitation, standardization, accreditation,
registration, research, and evolution of policies , recognition, regulation, examination and certification,
programmes and strategies of human resource registration, research, and evolution of policies ,
development with the intention to:- programmes and strategies of human resource
Promote development of resources and materials in development with the intention to:-
accessible formats and of universal design Promote development of resources and materials in
Establish academic cells / bureaus to promote academic accessible formats and of universal design
and professional excellence in human resource Establish academic cells / bureaus to promote academic
development pertaining to different professional and professional excellence in human resource
categories allocated to the Council. development pertaining to different professional
Constitute an examination body for the purpose of categories allocated to the Council.
conducting examinations. Constitute an examination body for the purpose of
d) Apply the principle of reasonable accommodation with conducting examinations. respect to persons with disabilities in matters of d) Apply the principle of reasonable accommodation with training and evaluation. respect to persons with disabilities in matters of
e) To institute, offer or grant prizes, scholarships, training and evaluation. fellowships, awards, honours and stipends in e) To institute, offer or grant prizes, scholarships, furtherance of its functions. fellowships, awards, honours and stipends in
f) To promote the training of professionals and staff working furtherance of its functions. with persons with disabilities in the rights recognized in f) To promote the training of professionals and staff working the UN Convention for the rights of persons with with persons with disabilities in the rights recognized in disabilities so as to better provide the assistance and the UN Convention for the rights of persons with services guaranteed by those rights disabilities so as to better provide the assistance and
g) To encourage institutions to develop human resources in services guaranteed by those rights disability. g) To encourage institutions to develop human resources in
h) To promote the inclusion of disability issues in all disability. policies, programs and strategies relating to human h) To promote the inclusion of disability issues in all resource devlopment through systemic changes. policies, programs and strategies relating to human
i) To provide consultation and expertise to all organizations resource devlopment through systemic changes. involved in human resource development to address i) To provide consultation and expertise to all organizations the training needs of persons with disabilities in India involved in human resource development to address and abroad particularly in SAARC and developing the training needs of persons with disabilities in India countries under bilateral agreements. and abroad particularly in SAARC and developing
j) Ensure that training programmes promote the dignity, countries under bilateral agreements. autonomy, non-discrimination, participation, j) Ensure that training programmes promote the dignity, accessibility, equality and inclusion of persons with autonomy, non-discrimination, participation, disabilities. accessibility, equality and inclusion of persons with
disabilities.
35
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 12.The Council may enter into negotiations with the authority in any country outside India for setting up of a scheme of reciprocity for the recognition of qualifications and in pursuance of any such scheme, the Central Govt. 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 specific date. |
Proposed Amendments |
Reasons for Change |
Act After Approval of Proposed Amendments 12.The Council may enter into negotiations with the authority in any country outside India for setting up of a scheme of reciprocity for the recognition of qualifications and in pursuance of any such scheme, the Central Govt. 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 specific date. |
36
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.(1) Subject to the other provision contained in this Act, any qualification included in the Schedule shall be sufficient qualification for enrolment on the Register. (2). No person, other than the rehabilitation professional who possesses a recognized rehabilitation qualification and is enrolled on the Register,-- |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 13.(1) Subject to the other provision contained in this Act, any qualification included in the Schedule shall be sufficient qualification for enrolment on the Register. (2) No person, other than the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the register |
37
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.2 (a). 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; (b). shall practice as rehabilitation professional anywhere in India; |
Proposed Amendments 13.2(a) Include Personnel with Professionals b). Include Personnel with Professionals |
Reasons for Change Personnel need to be included because they also have a role to play. |
Act After Approval of Proposed Amendments 13.2 (a). shall hold office as rehabilitation professional/ personnel or any such office (by whatever designation called) in Government or in any institution maintained by a local or other authority; (b). shall practice as rehabilitation professional/ personnel anywhere in India; |
38
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.c). shall be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by a rehabilitation professional; |
Proposed Amendments 13.c). shall be entitled to sign or authenticate certificates required by law to be signed. |
Reasons for Change Simplification of language without change of meaning. |
Act After Approval of Proposed Amendments 13.c). shall be entitled to sign or authenticate certificates required by law to be signed. |
39
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.d). shall be entitled to give any evidence in any court as an expert under section 45 of the Indian Evident Act, 1872 on any matter relating to the handicapped: Provided that if a person possesses the recognized rehabilitation professional/ personnel qualifications on the date of commencement of this Act, he shall be deemed to be an enrolled rehabilitation professional/ personnel for a period of six months from such commencement, and if he has made an application for enrolment on the Register within said period of six months, till such application is disposed of. |
Proposed Amendments 13.d). Substitute Persons with disabilities in place of handicapped. |
Reasons for Change Self explanatory |
Act After Approval of Proposed Amendments d). shall be entitled to give any evidence in any court as an expert under section 45 of the Indian Evident Act, 1872 on any matter relating to the Persons with Disabilities: Provided that if a person possesses the recognized rehabilitation professional/ personnel qualifications on the date of commencement of this Act, he shall be deemed to be an enrolled rehabilitation professional/ personnel for a period of six months from such commencement, and if he has made an application for enrolment on the Register within said period of six months, till such application is disposed of. |
40
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.2(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), Opthamology 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(3) |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 13.2(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), Opthamology 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(3) |
41
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 13.(3) 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. |
Proposed Amendments No change Include 13.(4.) Where an offence under this Act has been committed by training institutions, every person, who was incharge at the time when the offence was committed, and was responsible, for the conduct of that Institute, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished under Sub- section 3. |
Reasons for Change Greater culpability of institutions hence need to fix penalties for failure. |
Act After Approval of Proposed Amendments 13.(4.) Where an offence under this Act has been committed by training institutions, every person, who was incharge at the time when the offence was committed, and was responsible, for the conduct of that Institute, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished under Sub- section 3. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
13.(3) Any person who acts No change 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. Include
13.(4.) Where an offence Greater culpability of under this Act has been 13.(4.) Where an offence institutions hence need to fix committed by training under this Act has been penalties for failure . institutions, every person, committed by training
who was incharge at the institutions, every person,
time when the offence who was incharge at the
was committed, and was time when the offence
responsible, for the was committed, and was
conduct of that Institute, responsible, for the
shall be deemed to be conduct of that Institute,
guilty of the offence and shall be deemed to be
shall be liable to be guilty of the offence and
proceeded against and shall be liable to be
punished under Sub- proceeded against and
section 3. punished under Sub-section 3.
42
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
14.Every University or No change institution in India which 14.Every University or grants a recognized institution in India which qualification shall furnish grants a recognized such information as the qualification shall furnish Council may, from time to such information as the time, require as to the Council may, from time to courses of study and time, require as to the examinations to be courses of study and undergone in order to examinations to be obtain such qualification, undergone in order to as to the ages at which obtain such qualification, such courses of study as to the ages at which and examinations are such courses of study required to be undergone and examinations are and such qualification is required to be undergone conferred and generally and such qualification is as to the requisites for conferred and generally obtaining such as to the requisites for qualification. obtaining such qualification.
43
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 15.(1). The Council shall appoint such number of Inspectors as it may deem requisite to inspect any University or institution where education for practicing as rehabilitation professionals is given or to attend any examination held by any university or institute for the purposes of recommending to the Central Govt. recognition of qualifications granted by that university or institution as recognized rehabilitation qualifications. |
Proposed Amendments 15.(1) Inspector word to be replaced by Experts |
Reasons for Change A better word |
Act After Approval of Proposed Amendments 15.(1). The Council shall appoint such number of experts as it may deem requisite to inspect any University or institution where education for practicing as rehabilitation professionals is given or to attend any examination held by any university or institute for the purposes of recommending to the Central Govt. recognition of qualifications granted by that university or institution as recognized rehabilitation qualifications. |
44
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 (2) 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. (3) 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. |
Proposed Amendments Word inspectors/ inspector to be replaced by experts/ expert. |
Reasons for Change Self explanatory |
Act After Approval of Proposed Amendments 2) The experts 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. (3) The Council shall forward a copy of the report of the expert 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. |
45
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
1) The Council may appoint 16.(1) The Council may Replace word visitor/s with Expert conveys the right such member of experts appoint such member of expert/s. meaning for the task as as it may deem requisite visitors as it may deem opposed to visitor. to inspect any University requisite to inspect any or institution wherein
University or institution education for
wherein education for rehabilitation
rehabilitation professionals is given or
professionals is given or attend any examination
attend any examination for the purpose of
for the purpose of granting recognized
granting recognized rehabilitation qualification.
rehabilitation qualification.
(2) Any person, whether
(2) Any person, whether he is a member of the he is a member of the Council or not, may be Council or not, may be appointed as an expert appointed as a Visitor under sub-section (1) but under sub-section (1) but a person who is a person who is appointed as an expert appointed as an Inspector Inspector under sub- under sub-section(1) of section(1) of section 15 section 15 for any for any inspection or inspection or examination examination shall not be shall not be appointed as appointed as an expert a Visitor for the same for purposes as given at inspection or sub sec-1 of sec 16
examination.
46
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
(3) The expert appointed 16.(3) The Visitor shall not Replace visitor with expert Already given under sub section of sec interfere with the conduct of 16 shall not interfere with
any training or examination the conduct of any training
but shall report to the or examination but shall
Chairperson on the report to the Chairperson
adequacy of the standards on the adequacy of the
of education including staff, standards of education including staff, equipment, equipment, accommodation, accommodation, training
training and other facilities and other facilities
prescribed for giving prescribed for giving
education to the education to the
rehabilitation professional or rehabilitation professional
on sufficiency of every or on sufficiency of every
examination which they examination which they
attend. attend.
(4) The report of a Visitor (4) The report of an expert shall be treated as or shall be treated as confidential unless in any confidential unless in any particular case the particular case the Chairperson otherwise, Chairperson otherwise, directs: directs:
Provided that if the
Provided that if the Central Central Govt. requires a Govt. requires a copy o the copy o the report of an report of a Visitor, the expert, the Council shall Council shall furnish the furnish the same same
47
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 17.(1) When upon report by the Inspector or the Visitor it appears to the Council— (a) that the courses of study and examination to be undergone or the proficiency required from candidates at any examination held by any University or institution or (b) 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 a representation to that effect to the Central Govt. |
Proposed Amendments Inspector word to be replaced by expert (expert shall be from concerned disability specialization) shall take action as deemed fit and will keep the central Government informed if considered necessary. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
17.(1) When upon report by Inspector word to be
the Inspector or the replaced by expert (expert (1) When upon a report by Visitor it appears to the shall be from concerned an expert it appears to Council— disability specialization)
the Council—
(a) that the courses of (a) that the courses of study and examination to study and examination to be undergone or the be undergone or the proficiency required from proficiency required from candidates at any candidates at any
examination held by any examination held by any University or institution or University or institution or
(b) that the staff, (b) that the staff, equipment, equipment,
accommodation training accommodation, training and other facilities for and other facilities for instruction and training instruction and training provided in such provided in such
University or institution, University or institution, Do not conform to the do not conform to the standard prescribed by standard prescribed by the Council; the Council the Council; the Council shall make a shall take action as deemed RCI is a statuary body and shall take action as
representation to that deemed fit and will keep fit and will keep the central should be allowed to act in a effect to the Central Govt. Government informed if responsible manner in issues the Central Government
considered necessary. which are part of its
informed if considered
mandate. necessary.
48
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 17.(2) After considering such representation, the Central Govt. may send it to the university or institution with an intimation of the period within which the university or institution may submit is explanation to that Govt. |
Proposed Amendments After receiving such information from the Council the Central Government may advise the Council as to what it considers needs to be done to rectify the situation. * (Like presence or otherwise of core staff, visiting staff, accessibility, sound financial base, good library with necessary books covering specified subjects, model school for practical etc. These are best handled by the Council.) |
Reasons for Change These are matters that concern the Council and its mandate. The Council is well equipped to handle such matters. If the issue has serious outcomes the Council must keep the Government informed and if the Govt. feels it necessary it can always step in and advise the Council accordingly. |
Act After Approval of Proposed Amendments After receiving such information from the Council the Central Government may advise the Council as to what it considers needs to be done to rectify the situation. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
17.(2) After considering such After receiving such After receiving such These are matters that representation, the information from the Council information from the Council concern the Council and its Central Govt. may send it the Central Government may mandate. The Council is well the Central Government may to the university or advise the Council as to equipped to handle such advise the Council as to what institution with an what it considers needs to be matters. If the issue has it considers needs to be intimation of the period done to rectify the situation. serious outcomes the done to rectify the situation. within which the Council must keep the
university or institution * (Like presence or otherwise Government informed and if may submit is explanation of core staff, visiting staff,
the Govt. feels it necessary it
to that Govt. accessibility, sound financial
can always step in and
base, good library with advise the Council
necessary books covering accordingly.
specified subjects, model
school for practical etc.
These are best handled by
the Council .)
49
| Chapter III – Functions of the Council |
| 17. (3) 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 Govt. 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 is 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 a recognized rehabilitation qualification in relation to a specified University or institution only when granted after a specified date. |
Proposed Amendments Replace central Govt. with Council. |
Reasons for Change Already explained |
Act After Approval of Proposed Amendments 17. (3) On the receipt of the explanation or where no explanation is submitted within the period fixed then, on the expiry of that period , the Council 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 is 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 a recognized rehabilitation qualification in relation to a specified University or institution only when granted after a specified date. |
50
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 18.The Council may prescribe the minimum standards of education required for granting recognized rehabilitation qualification by University or institution in India. |
Proposed Amendments No Change |
Reasons for Change |
Act After Approval of Proposed Amendments 18.The Council may prescribe the minimum standards of education required for granting recognized rehabilitation qualifications by universities or institution in India. |
51
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 19. The Member-Secretary of the Council may, on receipt of an application made by any person in the prescribed manner enter his name in the Register provided that the Member-Secretary is satisfied that such person possesses the recognized rehabilitation qualification. “Provided that the Council shall register vocational instructors and other personnel working in the vocational rehabilitation centres under the Minister 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 aspex 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” |
Proposed Amendments Include 19.For the Purpose of renewal of registration, applicant shall be required to complete prescribed number of continuing rehabilitation education programmes or equivalent thereof as per the prevailing guidelines of the Council. |
Reasons for Change Continued Rehabilitation Education is necessary for professionals to update their knowledge and skills. Detailed guidelines have been issued on the subject. |
Act After Approval of Proposed Amendments The Member-Secretary of the Council may, on receipt of an application made by any person in the prescribed manner enter his name in the Register provided that the Member-Secretary is satisfied that such person possesses the recognized rehabilitation qualification. “Provided that the Council shall register vocational instructors and other personnel working in the vocational rehabilitation centres under the Minister 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”. For the Purpose of renewal of registration, applicant shall be required to complete prescribed number of continuing rehabilitation education programmes or equivalent thereof as per the prevailing guidelines of the Council. |
52
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 20.Subject to the conditions and restrictions laid down in this Act regarding engagement in the area of rehabilitation of the disabled by persons possessing the recognized rehabilitation qualifications, every person whose name is for the time being borne on the Central 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 in respect of medicaments or other appliances or any fees to which he may be entitled |
Proposed Amendments 20.In place of “handicapped”, “persons with disability” to be inserted. . Delete “and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments on other appliances or any fees to which he may be entitled” Include Rehabilitation professionals and personnel shall be compensated by the employing authority in accordance with their qualification and services rendered. |
Reasons for Change 1. Persons with Disability is a more acceptable term. 2. Deletion of underlined position in Col 1 for the following reasons:- a) Terminology is very medical model oriented b) Working in its present form may permit misuse and overcharging. |
Act After Approval of Proposed Amendments 20.Subject to the conditions and restrictions laid down in this Act regarding engagement in the area of rehabilitation of the disabled by persons possessing the recognized rehabilitation qualifications, every person whose name is for the time being borne on the Central Register shall be entitled to practice as a rehabilitation professional in any part of India.Rehabilitation professionals and personnel shall be compensated by an employing authority in accordance with their qualification and services rendered. |
53
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
21.(1) the Council may No change prescribe standards of (1) the Council may professional conduct and prescribe standards of etiquette and a code of professional conduct and ethics for rehabilitation etiquette and a code of professionals. ethics for rehabilitation professionals.
(2) Regulation made by No change the Council under sub- (2) Regulations made by section (1) may specify the Council under sub- which violation thereof section (1) may specify shall constitute infamous which violation thereof conduct in any shall constitute infamous professional respect, that conduct in any is to say, professional professional respect, that misconduct and such is to say, professional provision shall have effect misconduct and such notwithstanding anything provision shall have effect contained in any another notwithstanding anything law contained in any another law
54
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 21. (3) 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,-- 21. (3) (i) that his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact; (3) (ii) that he has been convicted of any offence or had been guilty of any infamous conduct in any professional respect, or had violated the standards 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. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (3) 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,-- 21. (3) (i) that his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact; (3) (ii) that he has been convicted of any offence or had been guilty of any infamous conduct in any professional respect, or had violated the standards 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. |
55
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 21.(4) 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 for such period of years as may be specified. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 21.(4) 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 for such period of years as may be specified. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
21.(4) An order under sub- No change section (3) may direct that 21.(4) An order under sub- any person whose name section (3) may direct that is ordered to be removed any person whose name from the Register shall be is ordered to be removed ineligible for registration from the Register shall be under this Act either ineligible for registration permanently for such under this Act either period of years as may be permanently for such specified. period of years as may be specified.
56
Chapter III - Functions of the Council The Act with Amendments Proposed Amendments
Reasons for Change
Act After Approval of 2000 Proposed Amendments
22.(1) where the name of (1) where the name of any person any person has been has been removed from the removed from the Register on any ground other Register on any ground that that he is not possessed of the requisite rehabilitation other that that he is not qualifications, he may appeal,
possessed of the in the prescribed manner and
requisite rehabilitation subject to such conditions,
qualifications, he may including conditions as to the
appeal, in the prescribed payment of a fee; as may be prescribed to the Central manner and subject to Government whose decision
such conditions, including thereon shall be final.
conditions as to the
payment of a fee; as may (2) No appeal under sub-
be prescribed to the section (1) shall be admitted if it is preferred after the expiry of Central Government a period of the sixty days from
whose decision thereon the date of the order under
shall be final.
sub-section (3) of section-21
(2) No appeal under sub-
Provided that an appeal may be section (1) shall be admitted after the expiry of the said period of thirty days if the admitted if it is preferred appellant satisfies the Central
after the expiry of a Govt. that he had sufficient
period of the sixty days Provided that an appeal may Reasonable accommodation
cause for not preferring the from the date of the order be admitted after the expiry appeal within the said period. under sub-section (3) of of the said period of sixty
section 21: days if the appellant satisfies
the Central Govt. that he
had sufficient cause for not
preferring the appeal within 57
the said period
57
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 23.(1) 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. (2) 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. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (1) 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. (2) 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. |
58
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 24.(1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Govt. as that Govt. may require. (2) The Central Govt. may publish in such manner as it may think fit, any report, and copy, abstract or other information furnished to if by the Council under this section or under section 16. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (1) The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Govt. as that Govt. may require. (2) The Central Govt. may publish in such manner as it may think fit, any report, and copy, abstract or other information furnished to if by the Council under this section or under section 16. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
24.(1) The Council shall No change furnish such reports, (1) The Council shall furnish copies of its minutes, such reports, copies of its abstracts of its accounts, minutes, abstracts of its and other information to accounts, and other the Central Govt. as that information to the Central Govt. may require. Govt. as that Govt. may require.
(2) The Central Govt. may publish in such (2) The Central Govt. manner as it may think fit, may publish in such any report, and copy, manner as it may think fit, abstract or other any report, and copy, information furnished to if abstract or other by the Council under this information furnished to if section or under section by the Council under this
16. section or under section 16.
59
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 26.No suit, prosecution or other legal proceeding shall lie against the Central Govt. Council, Chairperson, members, Member-Secretary or ay officer or the other employees of the Council for anything which is in good faith done or intended to be done under this Act. 27. The Chairperson, members, Member- Secretary, officers and other employees of the Council shall, while acting or purposing to act in pursuance of the provisions of this Act or of any rule and regulation made there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. |
Proposed Amendments No change No change |
Reasons for Change |
Act After Approval of Proposed Amendments 26.No suit, prosecution or other legal proceeding shall lie against the Central Govt. Council, Chairperson, members, Member-Secretary or ay officer or the other employees of the Council for anything which is in good faith done or intended to be done under this Act. 27. The Chairperson, members, Member- Secretary, officers and other employees of the Council shall, while acting or purposing to act in pursuance of the provisions of this Act or of any rule and regulation made there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
26.No suit, prosecution or No change other legal proceeding 26.No suit, prosecution or shall lie against the other legal proceeding Central Govt. Council, shall lie against the Chairperson, members, Central Govt. Council, Member-Secretary or ay Chairperson, members, officer or the other Member-Secretary or ay employees of the Council officer or the other for anything which is in employees of the Council good faith done or for anything which is in intended to be done good faith done or under this Act. intended to be done under this Act.
27. The Chairperson, No change members, Member- 27. The Chairperson, Secretary, officers and members, Member- other employees of the Secretary, officers and Council shall, while acting other employees of the or purposing to act in Council shall, while acting pursuance of the or purposing to act in provisions of this Act or of pursuance of the any rule and regulation provisions of this Act or of made there under, be any rule and regulation deemed to be public made there under, be servants within the deemed to be public meaning of section 21 of servants within the the Indian Penal Code. meaning of section 21 of the Indian Penal Code. 60
60
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 28.The Central Govt. may, by notification, make rules to carry out the purposes of this Act. |
Proposed Amendments Include 28.(1) receive from Central Government an appropriate contribution for a corpus the interest earning whereof shall be utilized to promote and encourage development of human resources in disability. 28. (2) all moneys received from the Central Government, all moneys received by the Council by way of grants, gifts, donations, beneficiaries, bequests and transfer, all moneys received by the Council in any other manner or from any other source all moneys received from any source shall be exempted from income tax under the Income Tax Act |
Reasons for Change Govt. of India has not ma Rules to the Act. |
Act After Approval of Proposed Amendments 28. The Central Govt. may, by notification, make rules to carry out the purposes of this Act. 28.(1) The Council shall receive from Central Government an appropriate contribution for a corpus the interest earning whereof shall be utilized to promote and encourage development of human resources in disability. 28. (2) All moneys received by the Council from the Central Government, all moneys received by the Council by way of grants, gifts, donations, beneficiaries, bequests and transfer, all moneys received by the Council in any other manner or from any other source all moneys received from any source shall by the Council be exempted from income tax under the Income Tax Act |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
28. The Central Govt. may, by
Include
Govt. of India has not ma notification, make rules to 28.The Central Govt. may, 28.(1) receive from Central Rules to the Act. carry out the purposes of by notification, make Government an this Act.
rules to carry out the appropriate contribution 28.(1) The Council shall receive purposes of this Act. for a corpus the interest from Central Government earning whereof shall be an appropriate contribution for a corpus the interest utilized to promote and earning whereof shall be
encourage development utilized to promote and
of human resources in encourage development of
disability. human resources in
28. (2) all moneys received disability. from the Central 28. (2) All moneys received by Government, the Council from the Central all moneys received by the Government, Council by way of grants, all moneys received by the gifts, donations, Council by way of grants, beneficiaries, bequests gifts, donations, and transfer, beneficiaries, bequests and transfer, all moneys received by the all moneys received by the Council in any other Council in any other manner manner or from any other or from any other source source all moneys received from any
all moneys received from source shall by the Council any source shall be be exempted from income exempted from income tax under the Income Tax tax under the Income Act
Tax Act
61
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 29.The Council may, with the previous sanction of the Central Govt., make, by notification, regulations generally to carry out the purposes and functions of this Act, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the management of the property of the Council; (b) the maintenance and audit of the accounts of the Council; (c) the resignation of members of the Council; (d) the powers and duties of the Chairperson; (e) the rules of procedure in the transaction of business under sub- section (3) of section 4; |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 29.The Council may, with the previous sanction of the Central Govt., make, by notification, regulations generally to carry out the purposes and functions of this Act, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the management of the property of the Council; (b) the maintenance and audit of the accounts of the Council; (c) the resignation of members of the Council; (d) the powers and duties of the Chairperson; (e) the rules of procedure in the transaction of business under sub- section (3) of section 4; |
62
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 29.(f) the function of the Executive Committee and other committees, constituted under section 7; (g) the powers and duties of the Member-Secretary under sub-section (1) of section 8; (h) the qualification appointment, powers and duties of, and procedure to be followed by, Inspectors and Visitors; (i) the courses and period of study or of training to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any University or any institution for grant of recognized rehabilitation qualification; |
Proposed Amendments 29.(h) Substitute experts in place of inspectors. |
Reasons for Change |
Act After Approval of Proposed Amendments (f) the function of the Executive Committee and other committees, constituted under section 7; (g) the powers and duties of the Member-Secretary under sub-section (1) of section 8; (h) the qualification appointment, powers and duties of, and procedure to be followed by, Experts (i) the courses and period of study or of training to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any University or any institution for grant of recognized rehabilitation qualification; |
63
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 29.(j) the standard of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professional; (k) the conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations; (l) the standard of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals under sub- section (1) of section 21; |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (j) the standard of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professional; (k) the conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations; (l) the standard of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals under sub- section (1) of section 21; |
Reasons for Change
Act After Approval of 2000 Proposed Amendments
29.(j) the standard of staff, No change equipment, (j) the standard of staff, accommodation, training equipment, and other facilities for accommodation, training study or training of the and other facilities for rehabilitation study or training of the professional; rehabilitation
(k) the conduct of professional; examinations, (k) the conduct of qualifications of examinations, examiners, and the qualifications of condition of the examiners, and the admission to such condition of the examinations; admission to such
(l) the standard of examinations; professional conduct and (l) the standard of etiquette and code of professional conduct and ethics to be observed by etiquette and code of rehabilitation ethics to be observed by professionals under sub- rehabilitation section (1) of section 21; professionals under sub-section (1) of section 21;
64
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 29.(m) the particulars to be stated, and proof of qualifications to be given, in application for registration under this Act; (n) the manner in which and the conditions subject to which an appeal may be preferred under sub-section (1) of section 22; (o) the fees to be paid on applications and appeals under this Act; (p) any other matter which is to be , or may be, prescribed. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments (m) the particulars to be stated, and proof of qualifications to be given, in application for registration under this Act; (n) the manner in which and the conditions subject to which an appeal may be preferred under sub-section (1) of section 22; (o) the fees to be paid on applications and appeals under this Act; (p) any other matter which is to be , or may be, prescribed. |
which is to be , or may be, prescribed.
65
| Chapter III – Functions of the Council |
| The Act with Amendments 2000 30. 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 sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both House agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form 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. |
Proposed Amendments No change |
Reasons for Change |
Act After Approval of Proposed Amendments 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 sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both House agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form 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. |
66