11. Recognition of qualifications granted by University, etc., in India for rehabilitation
professionals.—(1) The qualifications granted by any University or other institution in India which are
included in the Schedule shall be recognised qualifications for rehabilitation professionals.
(2) Any University or other institution which grants qualification for the rehabilitation professionals
not included in the Schedule may apply to the Central Government to have any such qualification
recognised, 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 qualification only when granted after a
specified date.
12. Recognition of qualifications granted by institutions outside India.—The Council may enter
into negotiations with the authority in any country outside India for settling of a scheme of reciprocity for
the recognition of qualifications, and in 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
6
should be recognised, 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 recognised qualification only when granted after a
specified date.
13. Rights of persons possessing qualifications included in the Schedule to be enrolled.—
(1) Subject to the other provisions 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,—
(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 (1 of 1872) on 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 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.
1
[(2A) Notwithstanding anything contained in sub-section (2), any person being a doctor or a
paramedic in the field of physical medicine and rehabilitation, orthopaedics, ear, nose or throat (ENT),
ophthalmology or psychiatry, employed or working in any hospital or establishment owned or controlled
by the Central Government or a State Government or any other body funded by the Central or a State
Government and notified by the Central Government, may discharge the functions referred to in
clauses (a) to (d) of that sub-section.]
(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.
14. Power to require information as to courses of study and examinations.—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.
15. Inspectors as examinations.—(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 that 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.
16. Visitors at examinations.—(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.
1. Ins. by Act 38 of 2000, s. 5 (w.e.f. 4-9-2000).
7
(2) Any person, 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.
(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.
17. Withdrawal of recognition.—(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 students 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.
18. Minimum standards of education.—The Council may prescribe the minimum standards of
education required for granting recognised rehabilitation qualification by Universities or institutions in
India.
19. Registration in Register.—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 manpower
development centres.]
20. Privileges of persons who are registered on Register.—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. Ins. by Act 38 of 2000, s. 6 (w.e.f. 4-9-2000).
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21. Professional conduct and removal of names from Register.—(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.
22. Appeal against order of removal from Register.—(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.
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.
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.
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.
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.
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).
1. Subs. by Act 38 of 2000, s. 7, for “period of thirty days” (w.e.f. 4-9-2000).
9
28. Power to make rules.—The Central Government may, by notification, make rules to carry out
the purposes of this Act.
29. Power to make regulations.—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.
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.