LexThe ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY ACT, 2019
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THE ANDHRA PRADESH STATE COUNCIL
FOR PHYSIOTHERAPY ACT, 2019.
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY
1. Short title, extend and commencement.
2. Definitions.
CHAPTER II
ANDHRA PRADESH STATE COUNCIL FOR PHYSOITHERAPY
3. Constitution and Composition of Council.
4. Incorporation of Council.
5. Objects of Council.
6. President and Vice-President of Council.
7. Mode of Election.
8. Term of office and filling up of casual vacancies.
9. Disqualifications.
10. Meeting of Council.
11. Proceedings of Meetings.
12. Vacancies, etc., not to invalidate proceedings of Council.
13. Appointment of Registrar, Deputy Registrar, officers and
employees of Council.
14. Executive Committee and other Committees.
15. Equivalence and Registration Committee.
CHAPTER III
FUNCTIONS OF COUNCIL
16. Prior permission for establishment of new Institutions, new
course of study, etc.,
17. Non- recognition of qualifications in certain cases.
18. Time for seeking permission for certain existing institution
etc.,
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19. Recognition of qualification granted by Universities, etc.; in
State for physiotherapy professionals.
20. Effect of Recognition.
21. Power to require information as to courses of study and
training and examinations.
22. Inspectors.
23. Withdrawal of recognition.
24. Prescription of standards of education in Physiotherapy.
25. Renewal of registration.
26. Professional Conduct.
CHAPTER IV
FINANCE, ACCOUNTS, AUDIT AND RETURN
27. Payment t to Council.
28. Fund of Council.
29. Budget.
30. Annual report.
31. Accounts and Audit.
32. Information to be furnished.
CHAPTER V
REGISTRATION
33. Persons entitled to registration.
34. Withdrawal of application.
35. Certificate of registration.
36. Renewal of registration.
37. Removal of names from Register.
38. Appeal against order of removal from Register.
39. Rights and privileges of registered members.
CHAPTER VI
OFFENCES AND PENALTY
40. Conferring, granting or issuing post graduate degree,
diploma, license, etc.; by unauthorized person or institution.
41. Penalty for falsely claiming to be registered.
42. Misuse of title.
43. Failure to surrender certificate of registration.
44. Cognizance of offence.
CHAPEER VII
MISCELLANEOUS
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45. Directions by State Government.
46. Power to supersede council.
47. Officers to be public servants.
48. Protection of action taken in good faith.
49. Power to make rules.
50. Power to make regulations.
51. Power to remove difficulties.
SCHEDULE
(See Section 19)
(A) Government Colleges -NIL
(B) Sself finance Colleges (Table)
THE ANDHRA PRADESH STATE COUNCIL
FOR PHYSIOTHERAPY ACT, 2019.
(ACT No.7 of 2019)
[17th February, 2019]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF THE ANDHRA
PRADESH STATE COUNCIL FOR PHYSIOTHERAPY FOR THE PURPOSE
OF CO-ORDINATION AND DETERMINATION OF STANDARDS OF
EDUCATION IN THE FIELD OF PHYSIOTHERAPY, TO REGULATE THE
PRACTICE OF PHYSIOTHERAPY AND FOR THE MAINTENANCE OF
REGISTER OF PHYSIOTHERAPISTS IN THE STATE OF ANDHRA
PRADESH AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTIAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India, as follows:-
CHAPTER 1
PRELIMINARY
1.Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh State Council for Physiotherapy Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint:
Provided that different dates may be appointed for different provisions
of this Act and any reference in any such provisions to the commencement
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of this Act shall be construed as a reference to the coming into force of that
provisions.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) “Council” means the Andhra Pradesh State Council of
Physiotherapy constituted under section 3;
(b) “Inspector” means an Inspector appointed by the Council
under section 22;
(c) ‘Institution” means any institution within or outside
India which grants degrees in Physiotherapy;
(d) “member” means a member of the Council;
(e) “Notification” means a notification published in the
Andhra Pradesh Gazette and the word “Notified” shall be
construed accordingly;
(f) “Physiotherapist” means a person who possesses
recognized Physiotherapy qualification and whose name has
been enrolled in the register maintained under section 33;
(g) “Physiotherapy” means a branch of modern medical
science which includes examination, assessment,
interpretation, physical diagnosis, planning and execution of
treatment and advice to any person for the purpose of
preventing, correcting, alleviating and limiting dysfunction,
acute and chronic bodily malfunction, including life saving
measures via chest physiotherapy in the intensive care
units, curing physical disorders or disability, promoting
physical fitness, facilitating healing and pain relief and;
treatment of physical and psychosomatic disorder through
modulating physiological and physical response using
exercises, physical agents, activities and devices including
mobilization, manipulations, mechanical, electrical, and
thermal agents, including therapeutic ultrasound and
therapeutic Light Amplification by Stimulation Emission of
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Radiation(LASER), and electrotherapy including
electrophysiology for diagnosis, treatment and prevention;
(h) “Prescribed” means prescribed by rules made under this
Act;
(i) “President” means the President of the Council;
(j) “Profession” means the profession of Physiotherapy;
(k) “Recognized qualification” means qualification in
Physiotherapy obtained from any of the Universities or
Institutions mentioned in the Schedule;
(m) “Register” means-the register of Physiotherapists
maintained by the Council under section 33;
(n) “Registered practitioner” means a Physiotherapist whose
name is entered and continues to remain on the register of
the Council;
(o) “Registrar” means the Registrar appointed under sub-
section (1) of section 13;
(p) “Regulations” means regulations made by the Council;
(q) “Rules” means rules made under this Act;
(r) “Schedule” means the Schedule appended to this Act;
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(s) “Vice -President” means the Vice-President of the
Council.
CHAPTER II
ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
3. Constitution and Composition of Council – (1) The State Government
shall, as soon as may, after the commencement of this Act, constitute a
Council to be called the “Andhra Pradesh State Council for Physiotherapy”.
(2) The Council shall consist of the following members, namely,-
(i) The Secretary to Government, Health, Medical and Family
Welfare Department or the Director of Public Health &
Family Welfare, as may be nominated by the State
Government, ex-officio;
(ii) The Director, Medical Education; ex-officio;
(iii) One member not below the rank of Deputy Secretary to
Government, Health and Family Welfare Department,
dealing with the matters relating to Physiotherapy, to be
nominated by the State Government;
(iv) One member not below the rank of Deputy Secretary to
Government, Finance Department, to be nominated by the
State Government;
(v) One member not below the rank of Deputy Secretary to
Government, Law Department, to be nominated by the State
Government;
(vi) One member from the Andhra Pradesh Medical Council
to be nominated by the State Government;
(vii) Four members from Physiotherapists, to be elected from
amongst the registered practitioners enrolled, in the register
of Physiotherapists;
(viii) Four Physiotherapists from recognized Physiotherapy
teaching institutions, holding teaching posts, representing
from Dr NTR University of Health Sciences., Vijayawada/
Sri Venkateswara Institute of Medical Sciences (SVIMS),
Tirupathi, to be nominated by the State Government;
(ix) Two Physiotherapists, to be nominated by the State
Government from the Government Institutions or Hospitals
imparting physiotherapy education;
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(x) Two Physiotherapists to be nominated by the State
Government to represent such Physiotherapy. organizations
which can represent the interests of Physiotherapy:
Provided that the election of the members referred to in
clause (vii) shall be held at such place and in such manner
as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1),-
(i) in respect of the constitution of the Council for the first
time under this Act, the members thereof including the
President and the Vice-President as mentioned in section 6
shall be nominated by the State Government from amongst
persons qualified to be elected or nominated as members;
and
(ii) the members so nominated shall hold office for such
period not exceeding three years.
4. Incorporation of Council - The Council shall be a body corporate by the
name of the “Andhra Pradesh State Council for Physiotherapy” having
perpetual succession and a common seal with power to acquire, hold and
dispose of property, both movable and immovable and shall by the said
name sue and be sued;
5. Objects of Council -The objects of the Council shall be as follows,-
(i) to coordinate and determine the standards of
Physiotherapy education at all levels;
(ii) to regulate the practice of the profession by persons
possessing recognized Physiotherapy qualification;
(iii) to maintain the register of Physiotherapists for the State
of Andhra Pradesh;
(iv) to advise the Government in matters relating to the
requirement of manpower in the field of Physiotherapy.
6. President and Vice-president of Council - (1) There shall be a President
of the Council who shall be enrolled on the Register and shall be elected by
the members of the Council from amongst themselves. He shall, subject to
the provisions of this Act; hold office for a term of five years from the date he
enters upon his office.
(2) There shall be a Vice-President of the Council who shall
be enrolled on the Register and shall be elected by the members of the
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Council-from amongst themselves. He shall, subject to the provisions of this
Act, hold office for a term of five years from the date he enters upon his
office.
(3) The President or the Vice-President shall, subject to the other
provisions of this Act, be eligible for re-election.
7. Mode of Election - Elections under this Chapter shall be conducted in
the prescribed manner and where any dispute arises relating to such
election, it shall be referred to the State Government whose decision shall be
final.
8. Term of office and filling up of casual vacancies - (1) Subject to the
provisions of this section, an elected or nominated member shall hold office
for a term of five years from the date of his election or nomination, as the
case may be:
Provided that the member nominated under section 3 shall hold office
during the pleasure of the State Government.
(2) An elected or nominated member may, at any time, resign his
membership by writing under his hand addressed to the President and the
seat of such member shall, from the date on which such resignation is
accepted by the President become vacant.
(3) An elected or nominated member shall be deemed to have
vacated his seat,-
(i) if he is absent without the permission of the Council from
its three consecutive ordinary meetings and his seat is
declared vacant by the Council; or
(ii) in the case of a member whose name is required to be
included in the Register of Physiotherapists, his name is
removed from such Register; or
(iii) if he ceases to be a member of the Council; or
(iv) if he becomes subject to any of the disqualifications
mentioned in section 9.
(4) Any vacancy occurring in the office of any member, on account
of any reason whatsoever, shall be filled by fresh election or nomination, as
the case may be, and the person so elected or nominated shall hold office,
subject to the provisions of sub-section (1) for the remaining term for which
the member was elected or nominated, as the case may be.
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(5) If a vacancy occurs in the office of the President or the Vice-
President, whether by reason of his death, resignation or otherwise, it shall
be filled by fresh election by and from amongst the members of the Council.
(6) A member of the Council shall be eligible for re-election or re-
nomination, but, no member shall be eligible for re-election or re-
nomination, if, he has been a member continuously for a period of ten years.
(7) Where the said term of five years is about to expire in respect of
any member, a successor may be elected or nominated at any time within
three months before the said term expires but he shall not assume office
until the said term has expired.
9. Disqualifications - No person shall be a member of the Council, if,-
(i) he is, or becomes of unsound mind and stands so declared
by a competent court; or
(ii) he is or has been, convicted of any offence involving moral
turpitude, which, in the opinion of the Government renders
him unfit to be a member of the Council;
(iii) he is or at any time has been adjudicated as un
discharged insolvent: or
(iv) his name has been removed from the Register and has not
been re-entered therein.
10. Meeting of Council - (1) The Council shall meet at least once in a year
at such time and place as may be appointed by the Council:
Provided that the first meeting of the Council shall be held at such
time and place as may be appointed by the President.
(2) One-third members of the total members of the Council shall form
a quorum. When there is no quorum at a meeting, the presiding authority
shall, after waiting for not less than thirty minutes for such quorum, adjourn
the meeting for such hour or some future day as it may notify on the notice
board at the office of the Council, and the business which would have been
brought before the original meeting had there been a quorum thereat, shall
be brought before the adjourned meeting and may be disposed of at such
meeting or any subsequent adjournment thereof, whether there be a quorum
or not.
(3) At least fifteen clear days notice, in writing, along with agenda
proposed to be considered at a meeting of the Council shall be given to the
members for holding an ordinary meeting. The notice of meeting shall be
served through registered post with acknowledgement due.
(4 ) The agenda of the meeting shall be settled by the Secretary in
consultation with the President.
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(5) An extra-ordinary meeting of the Council shall be convened if a
requisition in writing by not less than one-fifth of the total members of the
Council is made to the Secretary:
Provided that at least seven clear days notice shall be given for
convening such meeting.
Explanation:- The expression “clear days” in this section does not include
the day of the issue and the day of the receipt of the notice.
11. Proceedings of Meeting - (1) The proceedings of every meeting of the
Council shall be treated as confidential 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 the text of any resolution adopted by
the Council, unless the Council directs such resolution also to be treated as
confidential.
(2) A copy of the proceedings of every meeting of the Council shall
within fifteen days from the date of the meeting, be forwarded to the State
Government or any other authority appointed by it on its behalf.
12. Vacancies etc., not to invalidate proceedings of council - No act or
proceedings of the Council shall be invalid merely by reason if,-
(i) any vacancy in or any defect in the constitution of the
Counci1; or
(ii) any defect in the election or nomination of a person as a
member of the Council; or
(iii) any irregularity in the procedure of the Council not
affecting the merits of the case.
13. Appointment of Registrar, Deputy Registrar, officers and employees
of Council - (1) The Council shall, with the previous sanction of the State
Government appoint the Registrar and the Deputy Registrar, who shall be
qualified Physiotherapy graduates.
(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 reason, the Deputy Registrar shall act as Registrar. In case of
non availability of Registrar and Deputy Registrar, the Executive Committee
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may, with the previous sanction of the State Government, appoint another
person to act in his place and any person so appointed shall, for the period
of such appointment, be deemed to be the Registrar for the purpose of this
Act:
Provided that when the period of such vacancy does not exceed one
month, the appointment may be made by the President, who shall forthwith
report such appointment to the Executive Committee and the State
Government.
(4) The Council shall adopt the Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1991 mutatis mutandis,
(5) The Council may, with the previous sanction of the State
Government, suspend, dismiss or remove any person appointed as
Registrar, or impose any other penalty upon him in the manner as may be
prescribed.
(6) Save as otherwise provided by this Act, the salary and
allowances and other conditions of service of the Registrar shall be such as
maybe prescribed.
(7) The Registrar shall be the Secretary and the Executive officer of
the Council. He shall attend all meetings of the Council, and of the
Executive Committee, and shall keep minutes of the meetings and names of
members present and of the proceedings of such meetings.
(8) The accounts of the Council shall be kept by the Registrar in the
prescribed manner.
(9) The Registrar shall have such supervisory powers over the staff as
may be prescribed, and may perform such other duties and discharge such
other functions as may be specified in this Act, or as may be prescribed.
14. Executive Committee and other Committees - (1) The Council shall
constitute from among its members an Executive Committee and other
committees for such general or special purposes and for such tenure as the
Council considers necessary for carrying out the functions under this Act.
(2) The Executive Committee shall consist of the following, namely,-
(a) The President of the Council;
(b) the Vice-President of the Council;
(c) Two members of the Council representing Physiotherapists,
to be nominated by the President of the Council;
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(d) the Director of Public Health and Family Welfare of the
Government or his nominee;
(e) One member representing the Medical council of Andhra
Pradesh
(3) The President and the Vice-President of the Council shall be the
Chairman and Vice-Chairman, respectively of the Executive Committee.
(4) A member of the Executive Committee shall hold office as such
until the expiry of his term of office as a member of the. Council but subject
to his being a member of the Council; he shall be eligible for renomination.
(5) A member may resign his membership of the Committee by
writing under his hand addressed to the Chairman of the Committee and
action shall be taken to fill that seat in the same manner in which that seat
was filled in.
(6) The Executive Committee shall exercise and discharge such
powers and duties as may be prescribed.
15. Equivalence and Registration Committee - (1) There shall be an
Equivalence and Registration Committee for the purpose of recommending
the recognition of degrees granted by institutions imparting training in
Physiotherapy and to consider matters relating to registration of
Physiotherapists. The recommendations of this committee shall be subject
to approval by the Executive committee and the Council, unless otherwise
provided in this Act.
(2) The Vice-President shall be Chairman of such committee. There
shall be five other members nominated by the President of the Council from
amongst the members of the Council, representing, educationists and
specialists in different branches of Physiotherapy.
CHAPTER III
FUNCTIONS OF COUNCIL
16. Prior permission for establishment of new Institutions, new course
of study, etc. – (1) Not withstanding anything contained in this Act or any
other law for the time being in force, with effect from the date as may be
notified by the Government,-
(a) no person shall establish an institution; or
(b) no institution except with the previous permission of the
State Government obtained in accordance with the
provisions of this Section shall,-
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(i) open a new or higher course of study or training
including a postgraduate study or training which would
enable a student of such course or training to qualify
himself for the award of any recognized Physiotherapy
qualification; or
(ii) increase its admission capacity in any course of study
or training including a postgraduate studies;
Explanation - I: For the purpose of this section “person” includes any
University or a Trust or a Society or an Institution or a Company but does
not include the Central Government or the State Government,
Explanation - II: For the purpose of this section “admission capacity” in
relation to course of study or training (including post graduate course of
study or training) in an institution means the maximum number of students
that may be fixed by the Council from time to time for being admitted to
such course or training.
(2) (a) Every person or institution shall, for the purpose of obtaining
permission under sub-section (1), submit to the Government a scheme in
accordance with the provisions of clause (b) and the Government shall refer
the scheme to the Council for its recommendations,
(b) The Scheme referred to in clause (a) shall be in such form and
contain such particulars and be preferred in such manner and be
accompanied with such fees as may be prescribed.
(3) On receipt of the scheme under sub-section (2), the Council may
obtain such other particulars as may be considered necessary by it from the
person or the institution concerned and thereafter it may,-
(a) if the scheme is defective and does not contain any
necessary particulars, give a reasonable opportunity to the
person or institution concerned for making a written
representation and it shall be open 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 scheme together with
its recommendations thereon to the State Government.
(4) The Government may after considering the scheme and the
recommendations of the Council under sub-section (3) and after obtaining
where necessary such other particulars as may be considered necessary by
it from the person or institution concerned, and having regard to the factors
referred to in sub-section (7), either approve (with such conditions, if any, as
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it may consider necessary), the scheme in which case such approval shall be
deemed to a permission under sub section (1) and thereon the State
Government may, by notification in the Andhra Pradesh Gazette, amend the
Schedule so as to include the name of such person or institution, or reject
the scheme:
Provided that no scheme shall be rejected by the Government except
after giving the Person or Institution or Company concerned a reasonable
opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any
Person or Institution whose scheme has been rejected by the Government to
submit a fresh scheme and the provisions of this Section shall apply to such
scheme, as if such scheme has been submitted for the first time under sub-
section (2).
(5) Where within a period of one year from the date of submission of
the scheme to the Government under sub-section (2), no order has been
communicated to the person or institution submitting the scheme, it shall be
deemed to have been approved by the Government in the form in which it
had been submitted and accordingly, the permission of the Government
required under sub-section (2) shall also be deemed to have been granted.
(6) In computing the time limit specified in sub-section (5), the time
taken by the person or institution concerned for submitting the scheme, in
furnishing any particulars called for by the Council, or by the Government,
shall be excluded.
(7) The Council, while making its recommendations under clause (b) of
sub-section (3) and the Government while passing an order, either
approving or rejecting the scheme under sub-section (4) shall give due
regard to the following factors, namely :-
(a)whether the proposed institution or the existing
institution seeking to open, a new or higher course of study
or training, would be in a position to offer the minimum
standards of education as prescribed by the Council under
section 24;
(b) whether the person seeking to establish an
institution or the existing institution seeking to open a new
or higher course of study or training or to increase its
admission capacity has adequate financial resources;
(c) whether necessary facilities in respect of staff,
equipments, accommodation, training and other facilities to
ensure proper functioning of the institution or conducting
the new courses of study or training or accommodating the
increased admission capacity have been provided or would
be provided within the time limit specified in the scheme;
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(d) whether any arrangement has been made or programme
drawn to impart training to students likely to attend such
institution or course of study or training by person having
the recognized Physiotherapy qualifications;
(e) whether any arrangement has been made or programme
drawn to meet the requirement of manpower in the field of
practice of Physiotherapy; and
(f) such other factors as may be prescribed.
(8) Where the State Government passes an order either approving or
rejecting the scheme under this Section, a copy of the order shall be
communicated to the Person or Institution, concerned.
17. Non-recognition of qualifications in certain cases - (1) Where any
institution is established except with the previous permission of the State
Government in accordance with the provisions of Section 16, no
Physiotherapy qualification granted to any student of such institution shall
be considered as the recognized qualification for the purposes of this Act.
(2) Where any Institution opens a new or higher course of study or
training (including a post-graduate course of study or training) except with
the previous permission of the State Government in accordance with the
provisions of Section 16, no qualification granted to any student of such
Institution on the basis of such study or training shall be considered as the
recognized qualification for the purposes of this Act.
(3) Where any Institution increases its admission capacity in any
course of study or training except with the previous permission of the State
Government in accordance with the provisions of section 16, no
Physiotherapy qualification granted to any student of such institution on
the basis of the increase in its admission capacity shall be recognized
Physiotherapy qualification for the purpose of this Act.
Explanation:- For the purposes of this Section, the criteria for identifying a
student who has been granted Physiotherapy qualification on the basis of
such increase in the admission capacity shall be such as may be prescribed.
18. Time for seeking permission for certain existing institutions, etc, -
(1) If before the commencement of this Act, any person has
established an institution or any institution has opened a new or higher
course of study or training or increased its admission capacity, such Person
or Institution, as the case may be, shall seek within a period of one year from
the commencement of this Act, the permission of the State Government in
accordance with the provisions of Section 16.
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(2) If any Person or Institution, as the case may be, fails to seek the
permission under sub-section (1), the provision of section 17 shall apply so
far as may be as if the permission of the State Government under section 16
has been refused.
19. Recognition of qualification granted by Universities, etc; in the
State for physiotherapy professionals - (1) The qualifications granted by
any University or other institutions in the State of Andhra Pradesh which
are included in the Schedule shall be recognized qualifications for
Physiotherapists.
(2) Any University or other Institution which grants qualification for
the Physiotherapy professionals is not included in the Schedule may apply to
the State Government to have such qualification recognized and the State
Government may after consulting the Council, by notification in the Andhra
Pradesh Gazette, amend the Schedule so as to include the name of such
University or Institution.
20. Effect of Recognition - (1) Subject to the provisions of this Act, any
Physiotherapy qualification included in the Schedule shall be sufficient
qualification for enrollment in the Register of Physiotherapists.
(2) No person shall after the date of the commencement of this Act, be
entitled to be enrolled in the Register of Physiotherapists, unless he holds a
recognized qualification:
Provided that any person who has immediately before the
commencement of this Act become entitled to be enrolled shall on an
application made in this behalf before the expiry of one year 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
Equivalence and Registration Committee which shall consider the reference
and make recommendation to the Executive Committee whose decision shall
be final.
(3) Notwithstanding anything contained in sub-section (2),-
(a) a citizen of India holding a qualification which entitles him to
be registered with any Council of Physiotherapy in any
foreign country, may with the approval of the Council, be
enrolled as a Physiotherapist subject to passing the
screening examination conducted by the Council from time
to time.
(b) a person not being a citizen of India who is employed as a
Physiotherapist teacher in any hospital or institution in
any State or Union Territory for the purpose of teaching,
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research or charitable work, may with the approval of the
President, be enrolled temporarily in the Register for such
period as may be specified in this behalf in the order
issued by the President, subject to passing the screening
examination conducted by the Council from time to time :
Provided that the practice by such person shall be limited to the
hospital or institution to which he is attached:
Provided further that no such enrollment under clause (a) or clause (b)
shall be permitted unless the Council satisfies itself that person possesses
the requisite knowledge and skill to practice Physiotherapy by conducting a
screening test or such other test or examination as may be prescribed.
21. Power to require information as to courses of study and training
and examinations - Every University or Institution in Andhra Pradesh
which grants any recognized qualification or a recognized higher
qualification shall furnish such information as the Council may, from time
to time require , as to the course of the study and training and examination
to be undergone in order to obtain such qualification and generally as to
requisites for obtaining such qualification.
22. Inspectors - (1) The Executive Committee may, subject to regulations, if
any, appoint such number of Inspectors as it deems necessary to inspect
any institution where education or training in Physiotherapy is given, or to
attend any examination held for the purpose of granting any recognized
qualification or recognized higher qualification.
(2) The Inspectors appointed under this Section shall not interfere
with the course of any examination but they shall report to the Executive
Committee; on the sufficiency of the standard of the examinations and the
courses of study and training 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 Equivalence and
Registration Committee, shall forward a copy of such report to the person or
institution concerned and shall also forward such a copy with remarks, if
any, to the State Government.
23. Withdrawal of recognition- (1) When upon report by the Executive
Committee, it appears to the Council that, -
(a) The courses of study and examination to be undergone to
obtain a recognized qualification from any University or
Institution in the State or the conditions for admission to
such courses or the standards of proficiency required from
candidates at such examinations;
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(b) The staff, equipment, accommodation and training provided
in such University or Institution, are not in conformity with
the regulations made under the Act or fall short of the
standard prescribed by the Council, the Council shall make
recommendation to that effect to the State Government.
(2) The State Government shall after considering such recommendation
shall forward it, along with such remarks as it deems necessary, to the
University or Institution with an intimation of the period within which the
university or Institution may submit its explanation to the State Government
(3) On the receipt of the explanation or where no explanation is
submitted within the period fixed, then on the expiry of that period, the State
Government may, after making such inquiry, if any, as it may think fit, by
notification in the Andhra Pradesh Gazette, direct that an entry shall be
made in the. Schedule against the names of the said University or Institution
and the qualification conferred by them declaring that the qualification
conferred by the said University or Institution shall be a recognized
qualification only when granted before a specified date.
24. Prescription of standards of education in Physiotherapy - (1) The
Council may prescribe by regulations the minimum Prescription of standards
of education in Physiotherapy required for granting recognized qualification
in Andhra Pradesh.
(2) The draft regulations and all subsequent draft amendments
thereof shall be sent by the Council to the State Government for prior
approval,
(3) In particular and without prejudice to the generality of the
foregoing power, the regulations may provide for, -
(a) the nature, period of study and of practical training to be
Undertaken before admission to an examination;
(b) the equipments and facilities to be provided for students
undergoing approved course of study;
(c) the subjects of examinations and standards to be
attained;
(d) any other conditions of admissions to examinations.
(4) The regulations shall be published in the Andhra Pradesh
Gazette and in such manner as the Council may direct.
(5) The Executive Committee shall from time to time report to the
Council on the efficacy of these regulations and may recommend to the
Council for such amendments thereof as it may think fit
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25. Renewal of registration - Every enrolment of a person as a
Physiotherapist made in the register shall remain in force for a period of five
years and may be renewed from time to time for a period of five years on an
application being made by him in such form and in such manner, within
such period and on payment of such fees as may be prescribed.
26. Professional Conduct - (1) The Council may make regulations
prescribing the standards of professional conduct and etiquette and a code
of ethics for conduct Physiotherapists.
(2) The regulations made under sub-section (1) may specify which
violations thereof shall constitute professional misconduct and such
provisions shall have effect notwithstanding anything contained in any law
for the time being in force.
(3) Whenever the Executive Committee after such enquiry as it
thinks fit, recommends that the name of any person enrolled in the Register
of Physiotherapists be removed there from, it shall report to the Council and
the Council shall after such enquiry as it may deem fit, by order, direct the
removal of the name of such person from the said Register either
permanently or for such period as may be specified in the order,
(4) Any person aggrieved by an order of the Council may prefer an
appeal to the State Government in such form and manner, within such time
and on payment of such fees as may be prescribed.
(4) On receipt of such appeal, the State Government may, after giving
the person concerned an opportunity of being heard may pass such
order as it deems fit which shall be final and binding.
CHAPTER IV
FINANCE, ACCOUNTS, AUDIT AND RETURN
27. Payment to Council - The State Government may, after due
appropriation made by the Legislative Assembly and Legislative Council by
law in this behalf, pay to the Council in each financial year such sums as it
may consider necessary for the performance of functions of the Council
under this Act.
28. Fund of council – (1) The Council shall have its own fund and all sums
which may from time to time be paid to it by the State Government and all
the receipts of the Council (including registration fees for inspection of
institutions, and any sums received from any authority or person) shall be
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credited to the fund and all payments by the Council shall be made there
from.
(2) The surplus money, if any, of the fund shall be invested in the
manner as may be prescribed and the money required for the administration
of the Council shall be deposited in the nationalized banks.
(3) The Council may spend such sums as it thinks fit for
performing its functions under this Act, and such shall be treated as
expenditure payable under this Act.
29. Budget - The Council shall prepare, in such form and at such time each
year as may be prescribed, a budget in respect of the next financial year
showing the estimated receipts and expenditure and copy thereof shall be
forwarded to the State Government.
30. Annual report - The Council shall prepare once in every year, in such
form and at such time as may be prescribed an annual report giving a true
and full account of its activities during the previous year, and copy thereof
shall be forwarded to the State Government.
31. Accounts and Audit -(1) The Council shall cause to be maintained such
books of accounts and other books in relation to its accounts in such form
and in such manner as may be prescribed.
(2) The accounts of the Council shall be audited by the Director of
State Audit as per the provisions of the Andhra Pradesh Audit Act, 1989
(A.P.Act No.9 of 1989).
(3) The accounts of the Council as certified by the Auditor with the
audit report shall be forwarded annually to the State Government and State
Government shall cause the same, to be laid before the Legislative Assembly
and Legislative Council.
32. Information to be furnished - The Council shall furnish reports, copies
of its minutes, abstracts of its accounts and other information to the State
Government as may be prescribed.
CHAPTER V
REGISTRATION
33. Persons entitled to registration – (1) Every person possessing the
qualification as a Physiotherapist mentioned in the Schedule, shall subject to
the provisions contained in this Act and on payment of such fees as may be
Prescribed in this behalf, be entitled to have his name entered in the Register,
subject to such conditions as the Council may prescribe.
(2) Every person applying for registration as Physiotherapist shall in his
application make a declaration that he, is in full time practice of
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Physiotherapist and is not engaged in any other trade or business or
profession. He shall further undertake that if, after registration he takes up or
is engaged in some other profession or business, he shall forthwith inform the
Council of such service or employment or engagement and shall cease to
practice as Physiotherapist, and that his name shall be deleted from the
register.
(3) The application of registration shall be accompanied by all
documents required to be produced as given in the prescribed form.
(4) The application for registration shall be submitted to the Secretary,
who shall after scrutiny, place it before the Council in the next meeting for
its recommendation.
(5) The Council may require any candidate to appear personally before
it in support of any statement made by him in his application to furnish
such other particulars as may be required.
(6) The Council shall consider such objections as may be raised
against the registration of any person as Physiotherapist, and if necessary
may call upon any person objecting to the registration.
(7) After consideration of the contents of the application and objections, if
any, if the Council is of the opinion that the person applying for registration
is fit and proper person to be registered, it shall make an order granting the
registration.
34. Withdrawal of application - Where a person who after submitting
application for registration, applies for withdrawal or his registration is
refused, he shall be refunded the application fee after deducting one
hundred rupees towards administrative expenses.
35. Certificate of registration - When the application for registration is
granted, a certificate of registration shall be issued in the prescribed form.
36. Renewal of registration -Any person desirous of getting his registration
renewed shall make an application to the Council in the prescribed form
along with the prescribed fees.
37. Removal of names from Register - The Council may, by order, remove
from the register the name of any practitioner who has been convicted of a
cognizable offence as defined under the Code of Criminal Procedure,
1973(Central Act No.2 of 1974), or has been found guilty of professional
misconduct after due enquiry.
38. Appeal against order of removal from Register - (l) Where the name
of any person has been removed from the Register on any ground other
than that he is not possessed of the requisite qualification for being
required as Physiotherapist, may appeal, in the prescribed manner and on
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payment of such fees, as may be prescribed, to the Government whose
decision thereon shall be final.
(2) No appeal under sub-section (1) shall be admitted, if it is filed
after the expiry of a period of thirty days from the date of the order under
section 37.
39. Rights and privileges of registered members - No person, other
than the Physiotherapist who possesses recognized Physiotherapy
qualifications and is enrolled on the Register of the Council,-
(a) shall hold office as Physiotherapist or any such office (by
whatever dExcerpt shown. Open the full act in Lexace.