Section 3 in The Rehabilitation Council of India Act, 1992
Title: Constitution and incorporation of Rehabilitation Council of India
(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.
(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.
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
Title: Vacation of office by members
If a member—
(a) becomes subject to any of the disqualifications mentioned in section 5; or
(b) is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council; or
(c) ceases to be enrolled on the Indian Medical Register in the case of a member referred to in clause (g) of sub-section (3) of section 3,
his seat shall thereupon become vacant.
Title: Executive Committee and other committees
(1) The Council shall constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act.
(2) The Executive Committee shall consist of the Chairperson who shall be member ex officio and not less then seven and not more than ten members who shall be nominated by the Council from amongst its members.
(3) The Chairperson shall be the Chairperson of the Executive Committee.
(4) In addition to the powers and duties conferred and imposed upon it by this Act, the Executive Committee or any other committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.