ACT 1992
ARRANGEMENT OF SECTIONS
CHAPTER I - PRELIMINARYSECTION
- Short title and Commencement
- Definition
- Rehabilitation Professional
CHAPTER II - REHABILITATION COUNCIL OF INDIA
- Constitution and incorporation of Rehabilitation
Council of India
- Term of office of Chairperson and Members.
- Disqualification.
- Vacation of office by members
- Executive Committee and other Committees
- Member Secretary and Employees of Council
- Vacancies in the Council not to invalidate date
acts, etc.
- Dissolution of Rehabilitation Council and
transfer of right
CHAPTER III - FUNCTIONS OF THE COUNCIL
- Recognition of qualifications granted by
University etc., in India for Rehabilitation Professionals.
- Recognition of qualification by Institutions
outside India
- Rights of persons possessing qualifications
included in the schedule to be enrolled
- Power to require information as to courses of
study and examination
- Inspectors at examinations
- Visitors examination
- Withdrawal of recognition
- Minimum standards of education
- Registration in Register
- Privileges of persons who are registered on
Register
- Professional Conduct and removal of names from
Register
- Appeal against Order of removal from Register
- Register
- Information to be furnished by council and
publication thereof
- Cognizance of offenses
- Protection of action taken in good faith
- Employees of Council to be public servants
- Power to make rules
- Power to make regulations
- Laying of rules and regulations before
Parliament
THE SCHEDULE
THE REHABILITATION COUNCIL OF INDIA ACT 1992
No. 34 of 1992
(1st September, 1992)
An Act to provide for the constitution of Rehabilitation Council
of India for regulating the training of rehabilitation professionals
and the maintenance of a Central Rehabilitation Register and for
Matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-third Year of the
Republic of India as follows:-
CHAPTER I - PARLIAMENTARY
This Act may be called the Rehabilitation Council of India Act,1992
It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
- "Chairperson" means the Chairperson of the Council
appointed under sub-section (3) section 3;
- "Council" means the Rehabilitation Council of India
constituted under section 3;
- "handicapped" means a person-
- visually handicapped;
- hearing handicapped ;
- suffering from locomotor disability; or
- suffering from mental retardation;
- "hearing handicapped" means with hearing impairment
of 70 decibels and above, in better ear or total loss of hearing
in both ears;
- "locomotor disability" means a person's inability to
execute distinctive activities associated with moving, both
himself and objects from place to place and such inability
resulting from affliction of either bones joints muscles or
nerves;
- "member" means a member appointed under sub-section
(3) of section 3 and includes the Chairperson;
- "Member-Secretary" means the Member-Secretary
appointed under sub-section (1) of section 8;
- "mental retardation" means a condition of arrested
or incomplete development of mind of person which is specially
characterized by sub-normality of intelligence;
- "notification means" a notification published in the
Official Gazette;
- "prescribed" means prescribed by regulation;
- "recognized rehabilitation qualifications" means any
of the qualifications included in the Schedule;
- "Register" means the Central Rehabilitation Register
maintained under sub-section (1) of section 23;
- "regulation" means regulation made under the Act;
"rehabilitation professional"
means-
- audiologists and speech therapists; clinical
psychologists;
- hearing aid and ear mould technicians;
- rehabilitation engineers and technicians;
- special teachers for educating and training the
handicapped;
- vocational counselors, employment officers and placement
officers dealing with handicapped;
- multi-purpose rehabilitation therapists, technicians;
or
- such other category of professionals as the Central
Government may, in consultation with the Council, notify
from time to time;
- "visually handicapped" means a persons who suffers
from any of the following conditions namely -
- total absence of sight;
- visual acquity not exceeding 6/60 or 20/200(snellen) in the
better eye with the correcting lenses; or
- limitation of the field of vision subtending and angle of
degree or worse.
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
is any in force is that area.
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CHAPTER II - The Rehabilitation Council of India
With effect from such date as the Central Government may, by
notification, appoint in this behalf, there shall be constituted for
the purposes of this Act a Council to be called the Rehabilitation
Council of India.
The Council shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power, subject
to the provisions of this Act, to acquire, hold and dispose of
property both movable and immovable and to contact and shall by the
said name sue and be sued
The Council shall consist of the following members, namely:-
- a Chairperson, from amongst the persons having experience in
social work or rehabilitation, to be appointed by the Central
Govt.;
- three members to be appointed by the Central Government to
represent respectively the Ministers of the Central Government
dealing with -
- Welfare
- Health and
- Finance
- one member to be appointed by the Central Government to
represent the University Grants Commission;
- one member to be appointed by the Central Government to
represent the Directors General of Indian Council of Medical
Research;
- two members to be appointed by the Central Government to
represent the Ministry or department of the States or the Union
territories dealing with Social Welfare by rotation in
alphabetical order.
- such number of members not exceeding six as many be appointed
by the Central Government from amongst the rehabilitation
professionals representatives working in voluntary organization;
- such number of members not exceeding six as many be appointed
by the Central Government from amongst the medical practitioners
enrolled under the Indian Medical Council Act 1956 and engaged
in rehabilitation of the handicapped;
- Three members of Parliament of whom two shall be elected by
the house of the People and one by the Council of States;
- such number of members not exceeding three as may be
nominated by the Central Government from amongst the social
workers who are actively engaged in assisting the disabled;
- The Members-Secretary ex-officio
- The office of member of the board all not disqualify its
holder for being chosen as, or for being a Member of either
House of Parliament
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The Chairperson or a member shall hold a office for a term of two
years from the date of his appointment or until his successor shall
have been duly appointed whichever is longer
A casual vacancy in the Council shall be filled in
accordance with the provisions of sections 3 and the person so
appointed shall hold office only for the remainder of the term for
which the member in whose place he was appointed would have held
that office
The Council shall meet at least once in each year at such time
and place as may be appointed by the Council and shall observe such
rules of procedure in the transaction of business at a meeting as
may be presented
The Chairperson or, if for any reason, he is unable to attend the
meeting of the council, any member elected by the members present
from amongst themselves at the meeting shall preside at the meeting
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All questions which come up before any meeting of the Council shall
be decided by a majority of votes of the members present and voting
and in the event of an equality of votes, the Chairperson, or in his
absence, the person presiding shall have a second or casting vote
No. Person shall be a member if he-
- is, or become of unsound mind or is so declared by a competent
court; or
- is, or has been, convicted of any offence which, in the
opinion of the Central Government, involves moral turpitude; or
- is, or at any time has been adjudicated as insolvent
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If a member-
- becomes subject to any of the disqualification mentioned in by
members section 5; or
- is absent without excuse, sufficient in the opinion of the
council from three consecutive meeting of the Council; or
- 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;
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The Council shall constitute from amongst its members an
Executive Committee and such other committee for general or special
purposes as the Council deems necessary to carry out the purposes of
this Act.
The Executive Committee shall consist of the Chairperson who
shall be member who shall be nominated by the Council from
amongst its members.
The Chairperson shall be the Chairperson of the Executive
Committee
In addition to the powers and duties conferred and imposed upon
it by this Act, the Executive Committee or any other Committee shall
exercise and discharge such powers and duties as the Council may
confer or impose upon it by any regulations which may be made in
this behalf
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The Central Government shall appoint the Member-Secretary of the
Member Council to exercise such powers and perform such duties under
the direction of the Council as may be prescribed or as may be
delegated to him by the Chairperson
The Council shall, with the previous sanction of the Central
Government employ such officers and other employees as it deems
necessary to carry out the purpose of this Act
The Council shall, with the previous sanction of the Central
Government fix the allowances to be paid to the Chairperson and
other members and determine the conditions of services of the
Member-Secretary, officers and other employees of the Council.
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No act or proceeding of the Council or any committee thereof shall
Vacancies in the be called in question on the ground merely of the
existence of any council or a committee thereof as the case may be.
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On and from the date of the constitution of the Council, the
Rehabilitation Council shall stand dissolved and on such
dissolution:-
- all properties and assets, movable and immovable, of or
belonging Council and to, the Rehabilitation Council shall vest
in the Council.
- all the rights and liabilities of the Rehabilitation Council
shall be transferred to, and be the rights and liabilities of,
the Council;
- without prejudice to the provision of clause (b) all
liabilities incurred all contracts entered into and all matters
and things engaged to be done by, with or for the Rehabilitation
Council immediately before the date, for or in connection with
the purposes of the said rehabilitation Council shall be deemed
to have been incurred, entered into, or engaged to be done by,
with or for, the Council;
- all sums of money due to the Rehabilitation Council
immediately before that date shall be deemed to be due to the
Council;
- all suits and other legal proceedings instituted or which
could have been instiuted by or against the Rehabilitation
Council immediately before that date may be continued or may be
instituted by or against the Council; and
- every employee holding any office under the rehabilitation
Council immediately before that date shall hold his office in
the Council by the same tenure and upon the same terms and
conditions of service as respects remuneration, leave provident
fund retirement and other terminal benefits as he would have
held such office as if the Council had not been constituted and
shall continue to do so as an employee of the Council or until
the expiry of a period of six months from the date of such
employee opts not to be the employee of the Council within such
period.
Notwithstanding anything contained in the Industrial Disputes Act,
1947 or any other law for the time being in force, absorption of any
employee by the Council in its regular service under this section
shall not entitle such employee to any compensation under that Act
or other law and no such claim shall be entertained by any court,
tribunal or other authority.
Explanation:-In this section "Rehabilitation Council"
means the Rehabilitation Council a society and registered under the
Societies Act, 1860 and functioning as such immediately before the
constitution of the Council.
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CHAPTER III - FUNCTIONS OF THE COUNCIL
The qualification granted by any University or other institution in
India which are included in the Schedule shall be recognized
qualifications for rehabilitation professional
Any University or other institution which grants qualification
for the rehabilitation professional not included in the schedule may
apply to the Central Government to have any such qualification
recognized and the Central Government after consulting the Council
may by notification, amend the Schedule so as to include such
qualification therein and any such notification may also direct that
an entry shall be made in the last column of the schedule against
such qualifications only when granted after a specified date.
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12 The Council may enter into negotiation with the authority in any
country outside India for settling of a scheme or reciprocity for
the recognition of qualifications, and the pursuance of any such
Scheme, the Central Government 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 specified date.
Subject to the other provisions contained in this Act, any
qualification included in the Schedule shall be sufficient
qualifications for enrolment on the Register.
No person, other than the rehabilitation professional who process
a recognized rehabilitation qualification and is enrolled in the
Register-
- 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;
- shall practice as rehabilitation professional anywhere in
India;
- shall be entitled to sign or authenticate any
certificate required by any law to be signed or authenticated by
a rehabilitation professional
- shall be entitled to give any evidence in any court as an
expert under section 45 of the Indian Evidence Act, 1872 in any
matter relating to the handicapped:
Provided that if a person possesses the recognized rehabilitation
professional qualification on the date of commencement of this
Act, he shall be deemed to be an enrolled rehabilitation
professional for a period of six months from such commencement, and
if he has made an application for enrolment on the Register within
said period for six months, till such application is disposed of.
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
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Every university or institution in India which grants a recognized
qualification shall furnish such information as the Council may from
time to time, require as to the courses of study and examinations to
be undergone in order to obtain such qualification, as to the ages
at which such courses of study and examinations are required to be
undergone and such qualification is conferred and generally as to
the requisites for obtaining such qualification
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The Council shall appoint such member of Inspector as it may deem
requisite to inspect any University or Institution where education
for practicing as rehabilitation professional is given or to attend
any examination held by any University or Institution for the
purpose of recommending to the Central Government recognition of
qualifications granted by that University or Institution as
recognized rehabilitation qualifications.
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.
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.
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The Council may appoint such number Visitors as it may deem
requisite to inspect any University or institution wherein education
for rehabilitation professional is given or attend any examination
for the purpose of granting recognized rehabilitation
qualifications.
Any persons whether he is a member of the Council or not,may be
appointed as a visitor under sub-section (1) but a person who is
appointed as an Inspector under sub-section (1) of section 15 for
any inspection or examination shall not be appointed as a Visitor
for the same inspection or examination.
The Visitor shall not interfere with the conduct of any training
or examination but shall report to the Chairperson on the adequacy
of the standards of education including staff, equipment,
accommodation, training and other facilities prescribed for giving
education to the rehabilitation professionals or on sufficiency of
every examination which they attend.
The report of a Visitor shall be treated as confidential unless
in any particular case the Chairperson otherwise, directs;
Provided that if the Central Government requires a copy of the
report of a Visitor the Council shall furnish the Same
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When upon report by the Inspector or the Visitor it appears to the
Council:-
- that the courses of study and examination to be undergone in
or the proficiency required from candidates at any examination
held by any University or institution, or
- 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 representation
to that effect to the Central Government
After considering such representation the Central Government may
send it to the University or institution with an intimation of the
period within which the University or institution may submit its
explanation to that Government
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 Government 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 it 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 recognized
rehabilitation qualification in relation to a specified University
or institution only when granted after a specified date.
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The Council may prescribed the minimum standards of education
required for granting recognized rehabilitation qualification by
Universities or institutions in India.
The Member-Secretary of the Council may, on report of an application
made by any person in the prescribed manner enter his name in the in
Register provided that the Member-Secretary is satisfied that such
person possess recognized rehabilitation qualification.
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Subject to the condition and restriction laid down in this Act
regarding engagement in the area of rehabilitation of the
handicapped by person possessing the recognized rehabilitation
qualifications, every person whose name is for the time being borne
on the 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 is
respect of medicaments or other appliances or any fees to which he
may be entitled
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The Council may prescribe standards of professional conduct and
etiquette and a code of ethics for rehabilitation professionals.
Regulations made by the Council under sub-section (1) may
specify which violation thereof shall constitute infamous conduct in
any professional respect, that is to say, professional misconduct,
and such provision shall have effect notwithstanding anything
contained in any other law for the time being in force.
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 -
- that his name has been entered in the Register by error or on
account of misrepresentation or suppression of a material fact;
- that he has convicted of any offence or has been guilty of any
infamous conduct in any professional respect, or has violated
the standard 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
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 or for such period of
years as may be specified
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Where the name of any person has been removed from the Register on
any ground other than that he is not possessed of the requisite
rehabilitation qualifications, he may appeal, in the prescribed
manner and subject to such conditions, including conditions as to
payment of a fee, as may be prescribed to the Central Government
whose decision thereon shall be final.
No appeal under sub-section (1) shall be admitted if it is
preferred after the expiry of a period of thirty days from the date
of the order under sub-section (3) of section 21:
Provided that an appeal may be admitted after the expiry of the
said period of thirty days if the appellant satisfies the Central
Government that he had sufficient cause for not preferring the
appeal within the said period
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.
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.
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The Council shall furnish such reports copies of its minutes
abstracts of its accounts and other information to the Central
Government as that Government may require
The Central Government may publish in such manner as it may think
fit, any report, copy abstract or other information furnished to it
by the Council under this section or under section 16.
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Notwithstanding anything contained in the code of Criminal
procedure 1973, no court shall take cognizance of an offence
punishable under this Act expect upon a complaint, in writing, made
by any person authorised in this behalf by the Council
No suit, prosecution or other legal proceeding shall lie against the
Central Government, Council Chairperson, members, Member-Secretary
or any officer or other employee of the Council for anything
which is in good faith done or intended to be done under this Act.
The Chairperson members, Member-Secretary, officers and other
employees of the Council shall, while acting or purporting to act in
pursuance of the provisions of this Act or of any rule and
regulation made thereunder be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code.
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The Central Government may, by notification, make rules to carry out
the purposes of this Act.
The Council may, with the previous sanction of the Central
Government, make, by notification, regulation generally to carry out
the purpose of this Act, and without prejudice to the generality of
the foregoing power, such regulations may provide for-
- the management of the property of the council;
- the maintenance and audit of the account of the council;
- the resignation of members of the council;
- the powers and duties of the Chairperson;
- the rules of procedure in the transaction business under
sub-section (3) of section 4;
- the function of the Executive Committee and other committee
constituted under section 7;
- the powers and duties of the Member-Secretary under
sub-section (1) of the section 8;
- the qualification, appointment powers and duties of, and
procedure to be followed by Inspectors and Visitors;
- the courses and period of study or of training to be
undertaken the subject of examination and standards of
proficiency therein to be obtained in any university or any
institution for grant of recognized rehabilitation
qualification:
- the standards of staff, equipment, accommodation, training and
other facilities for study or training of the rehabilitation
professionals;
- the conduct of examination, qualification of examiners, and
the condition of the admission to such examinations;
- the standards of professional conduct and etiquette and code
of ethics to be observed by rehabilitation professional under
sub-section (1) of section 21;
- the particulars to be stated, and proof of qualification to be
given, in application for registration under this Act;
- the manner in which and the condition subject to which an
appeal may be preferred under sub-section (1) of section 22;
- the fees to be paid on application and appeals under this Act;
- any other matter which is to be, or may be, prescribed.
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3o 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 session aforesaid, both Houses agree
in making any modification in the rule or regulation or both Houses
agree that the rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such modified from
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.
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