The Rehabilitation Council of India Act, 1992
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Empowerment of Persons with Disabilities
Section
Section 21 Professional conduct and removal of names from Register. 1 docs
(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 other 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 a 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.
(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 other 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 a 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.
Section 22 Appeal against order of removal from Register. 1 docs
(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 a 1[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 said 1[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.
(2) No appeal under sub-section (1) shall be admitted if it is preferred after the expiry of a 1[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 said 1[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. Subs. by Act 38 of 2000, s. 7, for "period of thirty days" (w.e.f. 4-9-2000).
Section 23 Register.
(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 (1 of 1872) and may be proved by a copy thereof.
(2) The Register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872) and may be proved by a copy thereof.
Section 24 Information to be furnished by Council and publication 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.
(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.
Section 25 Cognizance of offences.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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.
Section 26 Protection of action taken in good faith.
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.
Section 27 Employees of Council to be public servants.
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 (45 of 1860).
Section 28 Power to make rules.
The Central Government may, by notification, make rules to carry out the purposes of this Act.
Section 29 Power to make regulations. 1 docs
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 of 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 or 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 applications and appeals under this Act;
(p) any other matter which is to be, or may be, prescribed.
(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 of 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 or 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 applications and appeals under this Act;
(p) any other matter which is to be, or may be, prescribed.
Section 30 Laying of rules and regulations before Parliament.
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.