(1) the Council shall meet atleast once a year at such time and place as may.
appointed by the Council.
Provided that the first meeting of the Council shall be held at such time and place as may be appointed 1 - President.
_ .5
(2) Eight members (including the President and Vice President) shall form a quontm. When a quorum is requm, not present the presiding authority shall, after waiting for not less than thirty minutes for such quorum, adjourn the m‘.
to such hour or some future day as it may notify on the notice board at the office of the Council; and the business whichw have been brought before the original meeting had- there been a quorum threat, shall be brought before the adjo.
meeting and may be disposed of at such meeting or any subsequent adjournment thereof whether there be a quorum p ' or not.
(3) Atleast fifteen clear days‘ notice, in writing, alongwith agenda proposed to be considered at a meetingd Council, shall be given to the members for holding an ordinarymeeting.
(It) The agenda of the meeting shall be sertlod by the Secretary in consultation with the President.
of the receipt of the notice l3. Proceedings of meetings.—{ I) The proceedings of every meeting of the Council shall be treated as cotin] and no person shall, without the previous resolution of the Council, disclose any portion thereof:
Provided that nothing in this section shall be deemed to prohibit any person from disclosing or publishing text of any resolution adopted by the Council, unless the Council directs such resolution also to be treated as odiifi.
dcntial.
(2) A copy of the proceedings of every meeting of the Council shall within fifteen days from the date of: ._...
meeting, be forwarded to the Government or any other authority appointed by it on its behalf. -:.
lIl. Vacancies, etc. not to invalidate proceedings of the Council.— No act or proceeding of the Council shall}I1, invalid merely by reason of,—
(a) any vacancy in, or any defect in the constitution of the Council; or
(b) any defect in the election or nomination ofa person as a member of the Council; and
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
IS Appointment of Officers and employees of the Council—( l) The Council shall with theprevious sanctitutt't.t the Government, appoint a Registrar and or a Deputy Registrar. He shall _a qualified medical graduate as prescribed schedules I II, and III of the lndian Medical Council Act, 1956 (102 of 1956) "-
(2) The Executive Committee may. from time to time, grant leave to the Registrar :
Provided that. if the period of leave does not exceed one month. the leave may be granted by the President.
(3] During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Deputy Re 23 DELHI GAZETTE .' EXTRAORDINARY
CHAPTER [II FUNCTIONS 0i“ THE COUNCIL 18 Prior permission for establishment (If new institutions new course at study. etc. (1] NotIIithstImding thing contained in this Act or any other Inn for the time being'111 force, II ItlI effect from the date as may be notified by ' .
Government.—
(3) no person shall establish an institution; or
(b) no institution shall.—
(i) open a anew or higher course of study or training {including a postgraduate course of study or tra which would enable a student ofsuch courseorlraining to qualify himseil'l'orthe award oftlrty reco physiotherapy or occupational therapy qualifications: or
(it) increase its admission capacity in any course ofstttdI' or training (including a postgraduate col I study. ortnrining) SCCllClll
Explanation t .—-For the proposes of this section "person" includes my UniIersnI ora Trust or II Society-o1:institution but does not include the Central Government or the Government.
(2) (a) BIery person or institution strait for the purpose of obt Iinittg permission under sub-section GoIenIIIIeIII shall refer the scheme to the Councrl for its recommendations.
(b) The scheme referred to in clause (It) shall be ill such Form and contain such particulars ' be prefeared in such manner and be accompanied with such fee as may be prescribed.
(3) On receipt of It scheme by the Council under sub-section {2). the Council may obtain such other particu] may he considered necessary by it from the person or the institution concerned. and thereafter. it may—r
(a) If he scheme rs defecttve and does not contnttt any necessary pantculars. gave a reasonable opga tunity to the person orinstittrtion concenIed for malIingII written representation and it Shall be ad to such person or institution to rectify the defects, if any. specified by the Council:
(b) consider the scheme. having regard to the factors referred to in Sub-section (7) and submit the sch, together with its recommendations thereon to the Government.
(4) The Government may. after considering the scheme and the recommendations of the Council under.
section (3} and after obtaining. where necessary. such otherparticulars as may be considered necesssary by it front wepersg'fl instituLion concemed and having regard to the factors referredto in sub-section I?) either approve (with such conditions if- 'I as it may consider necessary) the schemeIII IIhich case such approval shall be deemed to be a permission under sub-section( l or reject the scheme: '5?
Provided that no scheme shall be rejected by the Government except after giving the person or institution concerns;
a reasonable opportunity of hemp heard: ja-
Provided further that nothing in this sub-section shalt prevent any person or institution II-hose scheme has 6 I, reiecled by the Government to submit a fresh scheme and the provisions ofthis section shall apply to such scheme. as' ifsfidl scheme has been submitted for the first time under Sub-Section (2) .- II' {5} Where within a period ofone year from the date of submission of the scheme to the Gm'enIrnenr underSI-lb section (2). no orderhas been communicated to the person or institution submitting the scheme such scheme shalt be deem.
to have been approved b_I the (3menIrrIent in the formIn which it had been submitted and accordingly the permission oflh Gmernrnent required under subsection I l 1 shall also be deemed to haIe been granted P at l\".
UELHI GAZETTE .' EXTRAORDINARY 29 .\
(in) submitting th in computing the titue limit specified in sub-section (51. tile time taken by tltc persott or institution concemed e scheme. itt furnishing any particulars called for by the Council. or by tlte Government. shall be excluded.
{7, The Council. while making its reconnnendaiions under clause (b) of sub-section (3] and tlte Government wltile .y.
[ p tssiu" an order_ either approving of rejecting the scheme under sub-section (4). sltall be due regard to tlte following factors.
he natuel) '— U.) whether the proposed institution or the existing to institution seeking to open a lien or higher cottrse of study or training, would be in a position to offer the ntininttttn standards of education as prescribed by the Council under section 26:
9 {b} whether the person seeking to establish an institution or the existing institution seeking to open a new or higher .1 . course of study or training or to increase its adtttissiott capacity. has adequate financial resources:
{6) whether necessary facilities in respect or stalT, equipment. accommodation. training and otlter facilities to r . ensure proper functioning of the institution or conducting the new course ofstudy or training or accommodating the increased admission capacity have been provided or-wmtld be provided witltiu the little limit specified t ri iii the scheme:
(d) “hether anv arrangement ltas been made or programme drawn to imp: in training to students likely to attend such institution or course ofstudy or training by persons having the recognised physiotherapy or occupational therapy qualifications. as the case may be:
(9) whether necessary arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of physiotherapy or occupational therapy. as the caSe ntay be : and (I) any other factors as may be prescribed.
(8) where the Govemment passes an order either approving or rejecting a scheme under this section. a copy of the order sltall be communicated to the person or institution concerned.
[-9. Non.rccognition of qualifications in certain eases.— (I) Where any institution is established except with the previous permission ofthe Government in accordance with the provisions ofsection [8. no physiotherapy or occupational mom”. qualification granted to any student ofsuch institution shall be a recognised qualification for the purposes of this Act.
[2] Where any institution opens a new or higher course of study or training (including a postgraduate course of study or training} except with the previous permission ofthe Govcntntent in accordance with the provisions ofscetion 18. no qualification granted to any student ofsuclt institution on the basis ofsuch study or training shall be a recognised qualification for the purposes of this ACL
(3) Where any institution increases its admission capacity in any course of study or training except with the previotts permission of the Government in aceordance with the provisions of section 18. no physiotherapy or occupational therapy 3 qualification granted to any student of such institution on the basis ofthe‘increase in its admission capacity shall be recognised Physiothcmpy or occupational therapy qualification for the purpose of this Act.
Explanation—For tltc purposes of this Section, the ctiteria for identifying a student who has been granted a physiotherapy or occupational therapy qualification on the basis ofsuch increase in the admission capacity shall be such as maybe prescribed.
20. Time for seeking permission for certain existing institution. etc—(i) ifbefore the commencement of this Act. my person has established an institution or any institution has opened a new or higher course of study or training or increased its admission capacity. suelt person or institution. as the case maybe shall seek. within a period ofone year from the conuneucentent of this Act. the permission ofthe Govemnteut in accordance with the provisions of section [8,
(2) 11' any person or institution as the case may he. fails to seek the permission under sub-section (1) the provisions of section 18 shall apply. so far as may be. as if pennissiou of the Government under sectiOn has been refused.
s 2t, Recognition of qualifications granted by Universities. etc. in india for Physiotherapy or Occupational Therapy l1rflfcs§iunfll§_-—U) The qualifications granted by any university or other institution iii the country which are included in the schedule shall be the recognised qualifications for Physiotherapy. Occupational Therapy Professionals. Physiotherapists and Occupational TheraPiSISv so DELHI GAZETIE -. axmonomanv rpm to —— _— _— Eh...“ _______ .
(2) Any University or other institution which grants qualification for the physiotherapy or occupational therapy _ .
professionals not included in the schedule may apply to the Government to have such qualification recognised, and the Government may. after consulting the Council, by notification in the official Gazette, 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 colunu-I ol‘ the schedule against such qualification only when granted after a specified date.
22. Effect of recognition.-—(l) Notwithstanding anything contained in any other law and suhiect lo the other provisions contained in lltis Act, any physiotherapy or occupational therapy qualification included in the schedule shall be sufficient qualification for enrollment on the Register of Physio-therapists or the Register of Occupational Therapists, as the case may be,
(2) No person shall, after the date of the commencement of this Act, be entitled to be enrolled in the Register as Physiotherapists or Occupational Therapist unless he or she holds a recognised qualification:
Provided that any person who was immediately before the said date entitled to be enrolled shall, on application made in this‘behalf. before the expiryoflwo years from the said date, be entitled to be enrolled :
Provided further that where there is any dispute as to whether a'person is so entitled to be enrolled, the matter shall be referred to the reSpective Equivalence and Registration. Committee which shall consider the reference and made recommenda.
tions to the Executive Committee whose decision shall be final.
(3) Notwithstanding anything contained in sub-section (2),—-
(a) citizen of India holding a qualification which entitles him to be registered with any Council of Physiotherapy or Occupational Therapy in any foreign country, may, with the approval or the Council, be enrolled as a physiotherapist or occupational therapist. as the case may be.
(b) a person not being a citizen of India who is employed as a physiotherapist oroccupational therapist teacherin any hospital or institution in any State or Union Tenitory for the purpose of teaching, research or charitable work, may, with the approval of the President, be emailed temporarilyin the Register for such period as may be specifiedIn this behalfin theorder issued by the President:
Provided the practice by such person shall be limited to the hospital or institution to which he is attached :
Provided further that no such enrollment underclausc (a) or clause (b) shall be permitted unless the Council satisfies itself that such person possesses the requisite knowledge and skill to practiso physiotherapy or occupational therapy by conducl- - 5, ing a screening test or such other test or examination as may be prescribed. -.
'
23. Power to require information as to courses of study and training and cxaminalions.——- Every authority or ., -'-- institution in Delhi which grants any recognised qualification or a recognisod higher qualification shall furnish such information as the Council may, from time to time require as to the courses ofstudy and training and esamination to be undergone in order to obtain such qualification, as to the ages at which such courses of study and cuminations are required to be undergone and generally as to the requisites for obtaining such qualification.
__
24. Inspections—( 1) The Executive Committee may, subject to regulations, if any. appoint such number of Inspectors as it deems necessary to inspect any ittstitulion where education or training in physiotherapy or occupational therapy is given, or to attend any examination held For the purpose ofgranting any recognised 'quaiil'tcation or recognised higher qualifimlicn.
(2) "the inspectors appointed under this sectionshall not interfere with the course ofany examination but they shall report to the Executive Committee on the sufficiency ofevery esamination at which they attend and ot' the courses ofstudy and naining at every institution which they inspect, and on any other matters with regard to which the Executive Committee may require them to report.
{3) The Executive Committee, after consulting the respective Equivalence and Registration Comittec. shall forward a copy ofsuch report to the authority or institution concerned and shall also forward such a copy with' remarks, il'any. of the authority or institution concerned thereon to the Government.
25. Withdrawal of recognition.—-{ I) When upon report by the Executive Committee. 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 authority or institution ; or llufl lVl DELHI GAZETTE: EXTRAORDINARY JI
(ti) that the staff. equipment. acconunodution. training and other training provided itt such institution.
do ttot conform to the standard prescribed by the Council. the Council shall make a representation to that effect to the Gu\'t‘rllll‘lclll.
(2) After considering such representation. the Government shall forward it alongwith such remarks as it may choose to make to the authority or institution u ith an intimation of the period within which the authority or institution may submit it}: explanation to [lie Government, (.1) On tlte receipt of the eyptanution or where no explanation is submitted within the period filed. then on the iwiry of that period, the Government may. after making such further inquiry. ifany. as it thinks fit. by notification in the arficial Gazette, direct that an entry shall he made in the first or second schedule. as the case may be. against the said qualification declaring that it shall be a recognised qualification only when granted before a specificed date or that the said qualification if granted to students of a specified instittttion shall be recognised physiotherapy or occupational therapy qualification only when granted before a specified date or as the case ma ‘ be. that the said rmalification shall he recognised qualification in relation to specified institution affiliated to any authori _' ottly when granted after a specified date.
26. Prescrtptirm of standards of education in Physiotherapy and Occupational Therapy—(l) The Council may prescribe the minimum standards ofeducatiou in physiotherapy and occupational therapy required for granting recognised qua tl‘Ications in Delhi.
(2) Capies of the draft regulations and or all subsequent draft amendments thereof shall be sent by the Council to the Government.
(3) ltt particular, and without prejudice to the generality of tire foregoing power. tlte regulations may prescribe ——~
(a) the nature and period of study and nfpractical training to be undertaken hefore admission to an examination;
0:) the equipment and facilities to he provided for students undergoing approved courses of study ;
(c) the subjects of examma ton and standm'ds therein to be attained '.
(d) arty other conditions of admission to examinations:
(-U The regulations shall be published in the official Gazette and in such ntatmer as the Council may direct.
(5) The Executive Committee shall. front time to time. report to the Council on tile efficacy of these regulations and may recommend to the Council such amendments Iltereol‘us it may think fit.
27. Renewal of rcgistration.—— Every enrollment ofa person as a physiotherapist or occupational therapist made in the Register shall remain in force fora period of five years and may be renewed from lime to time fora period offive years an ill) application being made by hint itt such form. in such marmcr. within such period and on payment of such fees as may be prescribed.
28. Professional conduct— (l) "lite Council may by regulations pracribe standards of professional conduct and etiquette and a code of ethics for physiotherapists and eccupnuonal therapists.
(2) Regulations made under subsection (i) may spec' v which violations thereof shall constitute profasienal Illiscouduct and such provision shall have effect notwithstanding an, ittg contained iii any law for the time being in force.
(.1) Whenwer the Executive Committee after such enquiry as it thinlrs ftt. recommends that the name of any person enrolled in the Register of Physiotherapists or Register of Occupational Therapists he removed therefrom. it shall “PM to the Council and the Council shall after such cuquiry as it may decnt fit. by order. direct the removal of the name of such person from the said register either perttuutcntly or for such period as may be specified in the order.
_
(4) Any person aggrieved by an order of the Council may prefer an appml against that order to Lhe Govemmem in such form and matmer. within such time. on such conditions and on payment of such fees as may be prescribed.
(5) On receipt of such appeal. the Goremmcnt may. after giving the person cottcemed an opportunity ofbeing heard and after consulting the Council pass appropriate orders which shall be final and binding, 1‘). information to he furnished—The Council shall furnish such repons. copies of its minutes. abstracts of its mounts. and other information to the Government as may be prescribed.
DELI-ll GAZETTE : EXTRAORDINARY'4; In.)
CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 30 Payment to the Council.— The Government may, after due appropriation, made by the Legislative Ass- n:
of Delhi, by law in this behalf, pay to die Council in each financial year such sums as it may consider necessary for}, performance of functions of the Council under this Act
31. Funds of the Council— (l) The Council shall have its own Fund; all sums nhich may, from time to tin-1% , paid to it by the Government and all the receipts of the Council (including registration fees for inspection ofinstitutiong"..
.Iny sums received from any authority or person) shall be credited to tlte Fund and all payments by the Council shall be I therefrom [2) All moneys belonging to the Fund shall be deposited'In such nationalised banks or invested in such mann may be decided by the Council.
4":
(3) The Council may spend such sums us it thinlm lit for performing its functions under this Act, and such sums. is be treated as expenditure payable under this Act.