Section 1 in The Rehabilitation Council of India Act, 1992

Title: Short title and commencement

Description: 1[1. Short title and commencement.--(1) This Act may be called the Rehabilitation Council of India Act, 1992. (2) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.] 1. Subs. by Act 38 of 2000, s. 2, for "the training of rehabilitation professionals and" (w.e.f. 4-9-2000). 2. 31st July, 1993, vide notification No. S.O. 288(E), dated 28th April, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: (1) In this Act, unless the context otherwise requires,-- (a) "Chairperson" means the Chairperson of the Council appointed under sub-section (3) of section 3; (b) "Council" means the Rehabilitation Council of India constituted under section 3; 1[(c) "handicapped" means a person suffering from any disability referred to in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);] 2* * * * * (f) "member" means a member appointed under sub-section (3) of section 3 and includes the Chairperson; (g) "Member-Secretary" means the Member-Secretary appointed under sub-section (1) of section 8; (h) "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterised by sub-normality of intelligence; (i) "notification" means a notification published in the Official Gazette; (j) "prescribed" means prescribed by regulations; (k) "recognised rehabilitation qualifications" means any of the qualifications included in the Schedule; (l) "Register" means the Central Rehabilitation Register maintained under sub-section (1) of section 23; (m) "regulations" means regulations made under this Act; 3[(ma) "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;] (n) "rehabilitation professionals" means— (i) audiologists and speech therapists; (ii) clinical psychologists; (iii) hearing aid and ear mould technicians; (iv) rehabilitation engineers and technicians; (v) special teachers for educating and training the handicapped; (vi) vocational counsellors, employment officers and placement officers dealing with handicapped; (vii) multi-purpose rehabilitation therapists, technicians; or (viii) such other category of professionals as the Central Government may, in consultation with the Council, notify from time to time; 4* * * * * 5[(1A) Words and expressions used and not defined in this Act but defined in the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall have the meanings respectively assigned to them in that Act.] (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. Subs. by Act 38 of 2000, s. 3, for clause (c) (w.e.f. 4-9-2000). 2. Clauses (d) and (e) omitted by s. 3, ibid. (w.e.f. 4-9-2000). 3. Ins. by s. 3, ibid. (w.e.f. 4-9-2000). 4. Clause (o) omitted by Act 38 of 2000, s. 3 (w.e.f. 4-9-2000). 5. Ins. by s. 3, ibid. (w.e.f. 4-9-2000).

Title: Constitution and incorporation of Rehabilitation Council of India

Description: (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted for the purposes of this Act a Council to be called the Rehabilitation Council of India. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Council shall consist of the following members, namely:-- 11[(a) a Chairperson, from amongst the persons having experience in administration with professional qualification in the field of rehabilitation, disabilities, and special education, to be appointed by the Central Government; (b) such number of members not exceeding seven, as may be nominated by the Central Government, to represent the Ministries of the Central Government dealing with matters relating to persons with disabilities;] (c) one member to be appointed by the Central Government to represent the University Grants Commission; (d) one member to be appointed by the Central Government to represent the Directorate General of Indian Council of Medical Research; (e) two members to be appointed by the Central Government to represent the Ministry or department of the States or the Union territories dealing with Social Welfare by rotation in alphabetical order; (f) such number of members not exceeding six as may be appointed by the Central Government from amongst the rehabilitation professionals working in voluntary organisations; (g) such number of members not exceeding four as may be appointed by the Central Government from amongst the medical practitioners enrolled under the Indian Medical Council Act, 1956 (102 of 1956) and engaged in rehabilitation of the handicapped; (h) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (i) such number of members not exceeding three as may be nominated by the Central Government from amongst the social workers who are actively engaged in assisting the disabled; (j) the Member-Secretary, ex officio. (4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament. 1. Subs. by s. 4, ibid., for clauses (a) and (b) (w.e.f. 4-9-2000).

Title: Term of office of Chairperson and members.

Description: (1) The Chairperson or a member shall hold office for a term of two years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer. (2) A casual vacancy in the Council shall be filled in accordance with the provisions of section 3 and the person so appointed shall hold office only for the remainder of the term for which the member in whose place he was appointed would have held that office. (3) The Council shall meet at least once in each year at such time and place as may be appointed by the Council and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed. (4) The Chairperson or, if for any reason, he is unable to attend the meeting of the Council, any member elected by the members present from amongst themselves at the meeting, shall preside at the meeting. (5) All questions which come up before any meeting of the Council shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote.

Title: Disqualifications

Description: No person shall be a member if he— (a) is, or becomes, of unsound mind or is so declared by a competent court; or (b) is, or has been, convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or (c) is, or at any time has been, adjudicated as insolvent