Amendment status not verified — confirm the current text below against the official source.
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 Chapter II – Preliminary 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. 28 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 Chapter II – Preliminary Reasons for Change Act After Approval of Proposed Amendments 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. 29 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 Chapter II – Preliminary 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 30 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 Chapter II – Preliminary 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. 31 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. Chapter II – Preliminary 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. 32 The Act with Amendments 2000 Explanation – In this section, “Rehabilitation Council” means the Rehabilitation Council, a society formed and registered under the Societies Registration Act, 1860 and functioning as such immediately before the constitution of the Council. Chapter II – Preliminary Proposed Amendments No change Reasons for Change Act After Approval of Proposed Amendments Explanation – In this section, “Rehabilitation Council” means the Rehabilitation Council, a society formed and registered under the Societies Registration Act, 1860 and functioning as such immediately before the constitution of the Council. 33 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 Chapter III – Functions of the Council 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. 34 The Act with Amendments 2000 11.(2) Any University or other institutions which grants qualifications for rehabilitation professionals not included in the schedule may apply to the Council to have any such qualification recognized and the Council may by notification for 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 columns of the schedule against such qualification only when granted after a specified date. Proposed Amendments 11.(2) Apply to the Council in place of Central Government. Chapter III – Functions of the Council Reasons for Change It is a matter to be handled at the level of Council. Act After Approval of Proposed Amendments 2) Any University or other institutions which grants qualifications for the rehabilitation professionals not included in the schedule may apply to the Council to have any such qualification recognized and the Central Government, 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 columns of the schedule against such qualification only when granted after a specified date. 35 The Act with Amendments 2000 Proposed Amendments 11(3) Functions of the Council It shall be the duty of the Council to take such steps as it may deem necessary for ensuring development, promotion, facilitation, standardization, accreditation, recognition, regulation, examination and certification, registration, research, and evolution of policies , programmes and strategies of human resource development with the intention to:- Promote development of resources and materials in accessible formats and of universal design Establish academic cells / bureaus to promote academic and professional excellence in human resource development pertaining to different professional categories allocated to the Council. Constitute an examination body for the purpose of conducting examinations. d) Apply the principle of reasonable accommodation with respect to persons with disabilities in matters of training and evaluation. e) To institute, offer or grant prizes, scholarships, fellowships, awards, honours and stipends in furtherance of its functions. f) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in the UN Convention for the rights of persons with disabilities so as to better provide the assistance and services guaranteed by those rights g) To encourage institutions to develop human resources in disability. h) To promote the inclusion of disability issues in all policies, programs and strategies relating to human resource devlopment through systemic changes. i) To provide consultation and expertise to all organizations involved in human resource development to address the training needs of persons with disabilities in India and abroad particularly in SAARC and developing countries under bilateral agreements. j) Ensure that training programmes promote the dignity, autonomy, non-discrimination, participation, accessibility, equality and inclusion of persons with disabilities. Chapter III – Functions of the Council Reasons for Change 11(3) Function of RCI needs to be recorded as part of the Act. We are already caryout these function. This needs to be rationalized . Act After Approval of Proposed Amendments 11(3) Functions of the Council It shall be the duty of the Council to take such steps as it may deem necessary for ensuring development, promotion, facilitation, standardization, accreditation, recognition, regulation, examination and certification, registration, research, and evolution of policies , programmes and strategies of human resource development with the intention to:- Promote development of resources and materials in accessible formats and of universal design Establish academic cells / bureaus to promote academic and professional excellence in human resource development pertaining to different professional categories allocated to the Council. Constitute an examination body for the purpose of conducting examinations. d) Apply the principle of reasonable accommodation with respect to persons with disabilities in matters of training and evaluation. e) To institute, offer or grant prizes, scholarships, fellowships, awards, honours and stipends in furtherance of its functions. f) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in the UN Convention for the rights of persons with disabilities so as to better provide the assistance and services guaranteed by those rights g) To encourage institutions to develop human resources in disability. h) To promote the inclusion of disability issues in all policies, programs and strategies relating to human resource devlopment through systemic changes. i) To provide consultation and expertise to all organizations involved in human resource development to address the training needs of persons with disabilities in India and abroad particularly in SAARC and developing countries under bilateral agreements. j) Ensure that training programmes promote the dignity, autonomy, non-discrimination, participation, accessibility, equality and inclusion of persons with disabilities. 36 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 Chapter III – Functions of the Council 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. 37 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,-- Chapter III – Functions of the Council 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 38 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 Chapter III – Functions of the Council 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; 39 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. Chapter III – Functions of the Council 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. 40 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. Chapter III – Functions of the Council 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. 41 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 Chapter III – Functions of the Council 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) 42 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. Chapter III – Functions of the Council 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. 43 The Act with Amendments 2000 14.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. Chapter III – Functions of the Council Proposed Amendments No change Reasons for Change Act After Approval of Proposed Amendments 14.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. 44 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 Chapter III – Functions of the Council 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. 45 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. Chapter III – Functions of the Council 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. 46 The Act with Amendments 2000 16.(1) The Council may appoint such member 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 recognized rehabilitation qualification. (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. Chapter III – Functions of the Council Proposed Amendments Replace word visitor/s with expert/s. Reasons for Change Expert conveys the right meaning for the task as opposed to visitor. Act After Approval of Proposed Amendments 1) The Council may appoint such member of experts 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 recognized rehabilitation qualification. (2) Any person, whether he is a member of the Council or not, may be appointed as an expert under sub-section (1) but a person who is appointed as an expert Inspector under sub- section(1) of section 15 for any inspection or examination shall not be appointed as an expert for purposes as given at sub sec-1 of sec 16 47 The Act with Amendments 2000 16.(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 professional 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 Govt. requires a copy o the report of a Visitor, the Council shall furnish the same Chapter III – Functions of the Council Proposed Amendments Replace visitor with expert Reasons for Change Already given Act After Approval of Proposed Amendments (3) The expert appointed under sub section of sec 16 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 professional or on sufficiency of every examination which they attend. (4) The report of an expert or shall be treated as confidential unless in any particular case the Chairperson otherwise, directs: Provided that if the Central Govt. requires a copy o the report of an expert, the Council shall furnish the same 48 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. Chapter III – Functions of the Council Reasons for Change RCI is a statuary body and should be allowed to act in a responsible manner in issues which are part of its mandate. Act After Approval of Proposed Amendments (1) When upon a report by an expert 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 take action as deemed fit and will keep the Central Government informed if considered necessary. 49 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. Chapter III – Functions of the Council 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. 50