The Act is said to be “The Rehabilitation Council of India Act, 1992”. It shall come into force on 1st September 1992. Basic purpose of enacting the act was to provide by inserting in constitution a Rehabilitation council for India, which would also provide training for person who profess rehabilitation profession and also ask for maintenance of such councils register and other matters which are connected to such rehabilitation. For the purpose of the act, “hearing handicap means, deafness of hearing partly or fully”, “mental retardation means, condition of arrest or incomplete development of mind of a person which is specially characterised by sub-normality of intelligence”.
Central Government by notification form council called “rehabilitation council” of India. Council is separate body entity having perpetual succession with common seal to it and it can hold or dispose off both immovable and movable property and can enter into contract and can be sue or sued on its own name. This council will consist chairperson having experience in social work and will be appointed by central government, central government may appoint three members as ministers for welfare, health and finance, one member for university grant commission, such members not more than three who are social worker are appointed for assisting disabled etc.
University or Institution who provides education and is included in schedule then it is known as recognized qualification for rehabilitation professionals. If in case any such institution or university who is not included in schedule then such institution or university has to apply to government for then government after consulting with council amend schedule and ask to include in schedule then such university or institution will be recognized qualification for rehabilitation professionals. Person who profess rehabilitation qualification from recognised institution or university then he can enrol himself in register and can hold office and can practice as rehabilitation professional, or is authorised to provide certificate with is signature and can also provide evidence in court as an expert as per section 45 of Indian Evidence Act, 1872 as an when required.
All recognized university or institution that provide rehabilitation qualification has to give all information to council as and when required for such course provided by that university or institution, examination conducted for such course etc., thus council will appoint Inspector to inspect university or institution where qualification of rehabilitation is provided and attend examination held but this inspector will not interfere with conduct of training and other part as for that council appoint visitor, such visitor will visit campus where qualification is provided, its building, training, its equipment, accommodation for students etc., and after all such inspection by inspector and visitor they provide report of there inspection with two copies one to council and other to institution or university. Based on report of visitor or inspector if there is something wrong or not correct or not as per standards prescribe by council then council take off the grant of recognized university or institution.
Council has prescribed some standards of education which are to be followed by every university or institution. On application made member of council on receipt as per provision made and once satisfied name of member who applied will be entered in register. Person who are registered as member in register are considered to follow all rules or ethically, follow proper conduct which are prescribe by council and any member who do not follow or breach any rule given council then such members name is cancelled from register in other words his registration to profess rehabilitation qualification it cancelled. Member of council is required to maintain all books of register as if central government if asked to provide information about member then council has to provide government with such information asked.
All members in council are considered to be public servant as per the meaning given under Indian penal code. Thus, if any act done by such member in good faith or under good conscience or for any act dealing towards act then against such act by member no suit or any legal proceeding will be carried out.
by Samata. H. Joshi.