Title : THE REHABILITATION COUNCIL OF INDIA ACT, 1992
Year : 1992
(1) Subject to the other provisions contained in this Act, any qualification included in the Schedule shall be sufficient qualification for enrollment on the Register.
(2) No person, other than the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the Register,-
(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;
(c) Shall be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by a rehabilitation professional;
(d) Shall be entitled to give any evidence in any Court as an expert under section 45 of the Indian Evidence Act, 1872 of any matter relating to the handicapped: Provided that if a person possesses the recognised rehabilitation professional qualifications 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 the commencement, and if he has made an application for enrollment on the Register within said period of six months, till such application is disposed of.
1*[(2A) Notwithstanding anything contained in sub-section (2), any person being a doctor or a paramedic hi the field of physical medicine and rehabilitation, orthopedics, ear, nose or throat (ENT), ophthalmology or psychiatry, employed or working in any hospital or establishment owned or controlled by the Central Government or a State Government or any other body funded by the Central or a State Government and notified by the Central Government, may discharge the functions referred to in clauses (a) to (d) of that sub-section.]
(3) Any person who acts in contravention of any provision of sub-section
(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.
Every University or institution in India which grants a recognised 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.
(1) The Council shall appoint such number of Inspectors as it may deem requisite to inspect any University or institution where education for practising as rehabilitation professionals 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 the University or institution as recognised rehabilitation qualifications.
(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.
(1) The Council may appoint such number of Visitors as it may deem requisite to inspect any University or institution wherein education for rehabilitation professionals is given or attend any examination for the purpose of granting recognised rehabilitation qualifications.
(2) Any person, whether he is a member of the Councilor 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.
(3) 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.
(4) 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.
(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 in 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 Government.
(2) 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.
(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 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 recognised rehabilitation qualification declaring that it shall be the recognised rehabilitation qualification only when granted before a specified date or that the said recognised rehabilitation qualification if granted to student of a specified University or institution shall be recognised rehabilitation qualification only when granted before a specified date, or as the case may be, that the said recognised rehabilitation qualification shall be recognised rehabilitation qualification in relation to a specified University or institution only when granted after a specified date.
The Council may prescribed the minimum' standards of education required for granting recognised rehabilitation qualification by Universities or institutions in India.
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 recognised rehabilitation qualification.
1*[Provided that the Council shall register vocational instructors and other personnel working in the vocational rehabilitation centres under the Ministry of Labour on recommendation of that Ministry and recognise the vocational rehabilitation centres as manpower development centres: Provided further that the Council shall register personnel working in national institutes and apex institutions on disability under the Ministry of Social Justice and Empowerment on recommendation of that Ministry and recognise the national institutes and apex institutions on disability as man power development centres.]
Subject to the conditions and restrictions laid down in this Act regarding engagement in the area of rehabilitation of the handicapped by persons possessing the recognised rehabilitation qualifications, every person whose name is for the time being borne on the Register shall be entitled to practise 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.
(1) The Council may prescribe standards of professional conduct and etiquette and a code of ethics for rehabilitation professionals.
(2) Regulations made by the Council under sub-section (1) may specify which violations 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 9ther law for the time being in force.
(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 reasonable opportunity of being heard, and after such further inquiry, if any, as it may deem fit to make,-
(i) That his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact;
(ii) That he has been convicted of any offence or has been guilty of any Infamous conduct in any professional respect, or has 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.
(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 or for such period of years as may be specified.
(1) 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 the payment of a fee, as may be prescribed to the Central Government whose decision thereon shall be final.
(2) No appeal under sub-section (1) shall be admitted if it is preferred after the expiry of a1*[period of sixty 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 said1*[period of sixty days] if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the said period.
(1) It shall be the duty of the Member-Secretary to keep and maintain the Register in accordance with the provisions 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.
(1) 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.
(2) 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.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no Court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by any person authorised in this behalf by the Council.
Mo suit, prosecution or other legal proceeding shall He 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 there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
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, regulations generally to carry out the purposes 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.
(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 qualifications, appointment, powers and duties of, and procedure to be followed by, Inspectors and Visitors;
(i) The courses and period of study or training, to be undertaken, the subjects of examination and standards of proficiency therein to be obtained in any University or any institution for grant of recognised rehabilitation qualification;
(j) The standards of staff, equipment, accommodation, training and other facilities for study pr training of the rehabilitation professionals;
(k) The conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations;
(l) The standards of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals' under sub-section (1) of section 21;
(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 application and appeals under this Act;
(p) Any other matter which is to be, or may be, prescribed.
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 Houses 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.
SCHEDULE THE SCHEDULE (See Section 11) RECOGNISED REHABILITATION QUALIFICATION GRANTED BY UNIVERSITIES OR INSTITUTIONS IN INDIA University / Institution Name of Course Qualification Remarks
I. Rehabilitation engineers / technicians National Institute for the orthopaedically Handicapped, B.T. Road, Bonhooghly, Calcutta-700 090 Diploma in Prosthetic & Orthotic Engineering (2 Years) Diploma Department of Rehabilitation, Safdarjang Hospital, New Delhi Course in Prosthetics & Orthotics (3 years) Diploma Govt.
Institute of Rehabilitation of Medicine, K. K. Nagar, Madras-600 083 Diploma in Orthotics & Prosthetics Diploma National Institute of Rehabilitation Training and Research, Olatpur, P. O. : Bairoi Distt. Cuttack (Orissa) Diploma in Prosthetic & Orthotic Engineering (2 years) Diploma
All India Institute of Physical Medicine &Rehabilitation, Haji Ali, Khadye Marg,Mahalaxmi, Bombay-400 034 B. Sc. (P&O) Degree School of Prosthetics & Orthotics, K. K. Nagar, Madras-600 083 Diploma in Prosthetic & Orthotics Engineering (2 Years duration) Diploma Schieffelin Leprosy Research and Training Centre, Karigiri, SLR Sanatorium, P.O. North Arcot Distt. (S. India) Prosthetic Technician Course 18 months) Diploma
II. Audiologists and speech therapists.
All India Institute of Speech and Hearing, Manasa Gangothri, Mysore-576006 (B.Sc. Speech & Hearing) (3 Years duration) Degree Ali Yavar Jung National Institute for the Hearing Handicapped, Bandra (W), Bombay-400 050 B.Sc. (A. & S. T.) (3 Years duration) Degree Post-Graduate Institute of Medical Education and Research, Chandigarh-160012 B.Sc. (Speech & Hearing) (3 Years duration) Degree Topiwala National Medical College and BYL Nair Charitable Hospital, Dr. A.L., Nair Road, Bombay-400 008 Diploma in Audiology & Speech Therapy (B.Sc.) Diploma All India Institute of Medical Sciences, Ansari Nagar, New Delhi B.Sc. (Hons.) in Speech & Hearing Degree
III. -Teachers of special schools and integrated schools for the disabled
Shri K. L. Institute for the Deaf, 51, Vidyanagar, Bhavnagar-364002 (Gujarat) Teachers Training for the Deaf (1 Year duration) Diploma The Educational Audiology and Research Centre School for the Deaf "PONAM", 67, Napean Sea Road, Bombay-400006 Certificate Course for Teachers of the Deaf (10 months duration) Certificate V. R. Ruia Mook-Badhir Vidyalaya, Pune-30 Teachers Training Diploma Course for Deaf Students (1 Year duration) Diploma Little Flower Convent Higher Sec. School for the Deaf, 127, G. N. Road, Cathedral P.O., Madras-600 006
(i) Junior Diploma in Teaching the Deaf Diploma
(ii) Senior Diploma in Teaching the Deaf (10 months duration) Diploma The Blind Relief Association, Lal Bahadur Shastri Marg, New Delhi- 110003 One Year Diploma Course for Training of Teachers of the Blind Diploma The Clarke School for the Deaf, "SADHANA", No. 3, Third Street, Dr. Radhakrishnan Road, Mylapore, Madras-600 004
(i) Teachers Training for the Deaf
(ii) Teachers Training for the Mentally Retarded Diploma Ramakrishna Mission, Blind Boy's Academy, Harendrapur-743 508 West Bengal
(i) In -Service Primary Level Teachers of the Visually Handicapped (18 months duration) Diploma
(ii) Secondary Level Teachers of the Visually Handicapped (10 months duration) Diploma Govt. Higher Secondary School for the Blind, Poonamallee, Madras-600 056
(i) Diploma in Teaching the Blind (6 months at School + 12 months by Correspondence)
(ii) Special Examination in Teaching the Blind (10 months course) DiplomaCertificate Ali Yavar Jung National Institute for the Hearing Handicapped, Bandra
(W), Bombay-400 050
(i) B. Ed. (Deaf) P. G. Diploma
(ii) D. Ed. (Deaf) in Regional languages Diploma
IV. - Multipurpose rehabilitation therapists technicians/assistant/worker Department of Rehabilitation, Safdarjang Hospital, New Delhi- 110 029 One Year Certificate Course for Multi-Rehabilitation Worker Certificate
V.-Vocational counselors National Council of Education Research and Training, Sri Aurobindo Marg, New Delhi- 110 016 Diploma Course in Education and Vocational Guidance (9 months duration) Diploma All India Institute of Physical Medicine & Rehabilitation, Haji Ali. Khadye Marg, Mahalaxmi, Bombay -400 034 PGDR (Vocational Guidance) Diploma
VI. - Diploma in communication disorders Ali Yavar Jung National Institute for the Hearing Handicapped, Bandra (W.), Bombay-400 050 Diploma in Communication Disorders (1 Year) Diploma
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