The Delhi Council For Physiotherapy And Occupational Therapy Act, 1997
Delhi · state statute
Open in Lexace · Ask the AI about this actThe Delhi Council for Physimharavy and Occuvafiunal Th Eravy Ac|,1997
Ann; ‘997
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Madical Labmamry, Medical Traan—n em, Madam Medici“ a, Physimh Eravy
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DEPARTMENT OF LAW. JUSTICE AND LEGIS LATIVE AFFAIRS
NOTIFICATION
Delhi. the 3rd October, |‘)‘)7
Nu. F. 13(7]I97-L.A.—Tltc following Act of Legislative Assembly received the assent ol' the Lt. Govcntot‘ of .
_ ,
Delhi. on the 28m September. [997 and is hereby published for general information :—
THE DELH] COUNCIL FOR PHYSIOTHERAP‘I’
AND OCCUPATIONAL TH ERAP‘I’ ACT. |‘)‘)?
[Delhi Act No, 'I' 0(1997)
I
.
Dnlcd 3- In9?:31’I
{As passed by the Legislative Assembly of the National Capital Territory of Delhi]
i
“I? ‘
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ACT
to provide for the constitution of the Delhi Council for Physiotherapy and
OecIIpIIIioual Therapy for the purpose of;
maintenance ofn Delhi Regtster of Pltvstolltcr‘tplsts and Occupaiipnnl TherapistsIII the NIlional Capital Territory of Delhi»
and for mailers connected there“ itlI or incidental thereto
?
BE it enacted by the Legislative Assembly ofthe National Capital Territory of Delhi“III the Font -cighth Year 01'
Ute"
Republic or indiu :Is Follow:s
—~ -.
CHAPTER I
PRELIMINARY
.SIIIJI'I title. Intent :Itttl enmmencemcnnL—(ll This Act III:I_\ he called the Delhi Lnuncil lm Pluximltct: l|)\' nnd-‘
()ccupatirlmal Therapy Act IW'I'
I2} It extends to the “hole oi the National Capital Tertitnn' of Delhi
{‘1 It shall come into force on such (late as the Got'cnmtcut IIt:I_\'. h_\ nnlilicaliuu in the UITIL‘IIII Gazette. :Ippniltl 1
DELHI GAZEl IE : EXTRAORDINARY 23
_
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PFovided that different dates may be appointed for different provisions ofthis Act and reference in any such provi-
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10 the conimenyccmcnl to this Act shall be construed as a reference to the coating into force of that provisions.
2. Dul'inilions.—ll\ this Act. unless there is anything repugnant in the suhiect or contest.—
{1} ”Council” tucans the Delhi Council of PhySiolheW-PY ‘dfl‘d Occupational Therapy constituted under section 3 ;
(2} "Delhi" means the National Capital Territory of Delhi:
[3) “Government” means the Government oflhe National Capital Territory of Delhi ;
(.tl “Inspector" means an Inspector aPPOimed by the C°""':" '-
{Sl “institution“ means any institution within or outside India which grants degree. diplomas or licences in Physio-
tlterapy or Occupational Therapy 35 the 335311133'b'31
. .
(6} “Lieutenant GDVemnr” means the Administrator of the National Capital Territory of Delhi appointed by the
President under article 239 readWilh article 239 AA of ”"3 Constitution 1
.
{7) “member" means a member registered with the Council :
.
{g} “occupational therapist" means a person who possesses recognised occupational therapy qualification and
whose name has been enrolled'or deemed to be enrolled III the Delhi Reglstcr of Occupational Therapists ;
(9) "necupational therapy" means the application ofpurposeful, goal-oriented activity through latest tcchnologv
with computerised system and the like in the evaluation. diagnosis. and or trealtucnt ofpersons whose function
is impaired by physical illness or injury. emotional disorder. congenital or developmental disability. or the
aging process. in order to achieve uptimum functioning. to prcient disability. and to maintain health. Specific
occupational therapy services include but
are not limited to. education and training in activities of daily living
[ADLJ . the design fabrication and application of or those (splints) : guidance in the selection and use of
adaptive equipment, therapeutie‘activities to enhance functional perfonnances ; provocational evaluation and
training and consultation waceming the adaptation ofphysical environments for the handicapped. These ser-
vices may be provided to individuals or groups and to both in-pau'ents and out-patients:
till] "physiotherapist”. means ,1 person who possesses recognised physiotherapy qualifications and whose name
:\ -'-}
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has been enrolled or deemed to have been enrolled in the Delhi Register of Physiotherapists:
‘
a". fin
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(l 1) “physiotherapy" means physiotherapcutic system ofmedicine which includes examination. treatment, advice
_
.‘dIld insttuCtionS .9 any person preparatory to or for the purpose ol'or in connection with movement dysfunction.
bodily malfunction, physical disorder, disability. healing and pain from trauma and disease, physical and men-
tal conditions using physical agents including excruscs. mobilisation, manipulation. mechanical and electro-
= I
ulc‘mpy‘ activity and devices or diagnosis. treatment attd prevention :
_
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([2) “prescribed" means prescribed bf,» rules made by the Government under this Act ;
I
(13) “President" means-the President of. 1'10 Council '1
_
(W. “profession" means the profession of pl!_Ysiotherapy or occupational therapy, as the case may be 1
“5) "recognised physiotherapy qualification" or“recngnised occupational therapy quantification" means quali-
.
.
_
fieation in physiotherapy or occupational therapy, as the case may be. included in the Schedule :
(Iii) '_‘Regi5ter" means the chistcr ofpltysiotlterapists or the Register of Occupational Therapists, as the case may
be. maintained by the Council 1
.
(18) ”reglflafiun” means a regulation made by the Council under this Act by notification in the official Gazelle:
_._- ('9) “rate” means a mic made by the Govemntcnt under this Act by notification in the Official Gazette ;
(:20) “Seerctfln'” means the secretary of the Council. appointed under sub-section (1) ofsection 15 :
(21) “Schedule" means the Schedule to this Ad :
I
(22) "section" means a section ol'this Act:
(23) "Vice-President" means a Vice President or the Council 2
.- (24) “Visitor" means the Visitor appointed by lhc Council.
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EX'l'RAURDINAR‘i
('IIAPTERI
TIIE DELHI COUNCIL FOR PHYRIO'I'HERAPY AND
OCCUPATIONAL TH l-LRAPY
.3. Constitution am] cmnpositiun ut‘ the ('uuucil.~—t l t The (lot ct'ttment shall as soon as may be. after the
commencement of this Act. conslilttte a Council called the Delhi ('tumcil I'or Physiotherapy and Occupational Thump}.
consisting oflhe l'ollouing members. namely
.—
[it] Six member from phy siotltet'apiststo he elected from amongst the rceislcted pmetitioneu enrolled in tin:
Registerol physiotherapists.
{bl six tttentbers Iron: occupational therapists to be elected limo amongst the registered pracltttnucrs enrollettiu
the Register of Occupational 'l'ltentpists.
tc) one physiotherapist from the recognised teaching institutions in Delhi to be nominated by the Government :
[(1) one ocCupatiouat therapist t'rotu tlte recognised teaching institutions to be Ittttttntnlt-rl m It“; Government;
(e) one person from the lieid ol' Plusiotherap) and otte person from the field ol‘OeL‘upalional Therapy lobe
nominated by the Government ;
(f) one member oftlte Legislative Assembly ordellti to be nominated by the Speaker:
[5} one member from the Delhi Medical Council to be nominated by the (int enunem:
(ht The Director. HcalUt Scn'iecs or the administmtit'e secretan ti-lealth t't'c i'anu'h \\ eltzu'et ol‘the Got ernatem
nominated by the Got eminent:
Provided that the election ot'ttte members referred to in clauses la) and tbt ohm t: shall he held at such time
and at such place and in such Ittatttter as may be prescribed.
(3} Notwithstanding anything contained in sub-section ( I 1-.
{at in respect of the constitution ol'the Council for the first tituc under this Act. the members thereofinctuding the
President and the two Vice Presidents as mentioned in section 6. shall be nominated by the Government from
amongst persons qualified lobe elected ornomittated as members ol'tlte respeelh e category: am!
(hi the members so nominated shall hold ot'ficc for suclt period not exceeding “\‘C years in the aggregate as the
Government may. by notification in the official Gazette. specify.
-l‘ Incorporation of the CottnciI.-—The Council shall be body eotporate by the name of the Delhi Council for
Physiotherapy and Occupational Therapy haying perpetual succession and a common seal nith poo er to acquire. hold and
dispose of property both movable and ittnuovabie and shall by the said name sac and be sued.
5. Functions of the Ctnmcil.—'l'he functions of the Council shall he
—-
[a] to coordinate and delenniue the standards ofphysiothcraphy and occupational therapy education at all
levels:
(b) to regulate the practice of the profession by persons possessing recognised physiotherapy or occupational
therapy qualification:
(e) to maintain the Registers of physiotherapists and occupational therapists for Delhi:
(d) to advise the Goventment in matters relating to the requirements of unmpowcr itt the lietd of physiotherapy
and occupational therapy:
{Ct to assist the Goyennttcnt in regard to minimizing education of registered physiothempists and occupation!!!
therapists.
c
o. President and vice-President ot‘the Count:il.-—t’ I} There sltail be President who shall be elected by the members
of the Council from amongst [lICIttselt-‘CS. He shall. subject to the provisions of this act. hold office fora term of tire yeafi
From the date he enters ttpon his office.
-
(ll There shall be two Vice-Presidents. one representing physiotherapists and another representing occupational
tlterapiSts. to be knoun as Vice-President tPltysiotherapy} and Vice-President [occupational Therapisrst respectively cteclfld
by the members ofthe Council from among themselves. Subject to the prm isions of this Act. each of them shall hold office
for a term of five years from the date of his election
DELHI GAZETTE.
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EXTRAORDINARY 25
l
A person who holds, or who has held, ofiiccas President or Vice-President as the case may bc,shall,subjec1to
d1 Provisions of this Act, be eligible for re-c-lectjon to that office.
a
i1 Mode of election—Elections under this chapter shall be coriducled'In the prescribedmanner, and where any
ale arises regarding any such election, it shall be referred to theGovernment whose decision shall be final.
:3 Term of ol’ficer'antllfilling up of casual vacancies—(l) subject to the provisions of this section, an elected or
. ed member shall hold office for a term offive years from the date ofhis election or nomination, as the case may be:
1
provided that the membernominated under section 3 shall hold office during the pleasure of the
Government.
('2) An elected or nominated member may, at any time, resign his membership by na'itingundcr hishand addressed to
midget and the seat
of
such member shall, from the date on which such communication is received
bylthe Pmsident
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“
IfheIs absent without the permission of the Cauncil fromIts three consecutive ordinary mecnn gs and his seat is
declared vacant by the Council; or
in the case of a member whose name isrequired to be includedInthe Register of Physio-therapists or Register of
Occupational Therapists, as the case may be, ifhis name is removed from such register, or
ifhe ceases to be a member of the Council; or
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ifhcbccomes subicct to any ofIIIe
disqualifications mentioned
'In section 9.
(4) Any vacancy occmring tn the office ofany member on account ofany reason whatsoever shall be filled by fresh
£510“
or nomination as the ease maybe. and the person so elected or nominated shall hold office. subject to the provisions or
action (I). for the remainder ofthe term for which the member was elected or nominated. as the case may be.
.
(5} If a vacancy occurs in the office of the President or any of the Vice Presidents, whether by reason of his death,
lion or othcnvisc, it shall be filled by fresh election by and. from amongst the members ofthe Council.
(6} Members of the Council shall be eligible for re--election or re-nomination but no member shall be eligible for re-
one-nomination if he
has been a
member for tcri years continuously.
he13, or becomes, of unsound mind and stands so declared by a competent court; or
he15, or has been, convicted ofany offence involving moral turpitude. whiclt.‘In the opinion of the Govcmntent
renders him‘unfidt to be a member of the Council;
he is, or at any time has been, adjudicated as un'dischargcd insolvent: or
this name has been removed-from the Registér and has not been re-entcrcd titereinyior
'
he'15 a whole-time officer or
servant of the Council.
ltJ Physiotherapy Cell.—{I} The Chuncil shall have a Physiotherapy Cell to be
headed by the Vice--prcsi-
1
i(Physiotherapy)
referred to in sub--sccti0n (2) of section 6 and shallinclude,
—
(a) two. hysiolherapists from among the members referred to in clause (a) ofscction 3; and
fb) the members referred
to in clauses (c). (e)
and (g)
of section 3
a, 3 (3) Subject to the snperintcndence. directioa and control of the Council, the Physiotherapy Cell shall be responsible
,
jail-'1,competent to deal with all matter related to Physiotherapv and Phisiotherapisls within
the competence
of the Council
l
ll Occupational Therapy Cell. -—(I] The Council shall have an Occupational Therapy Cell to be headed by the
[President (Occupational Therapy} referred to in sub--scction (2} of section 6 and shall include
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26 DELHI GAZETrE : amonomiav
(a) two occupational therapists from amongst the members referred to in clause (b) of section 3; and
(b) the member referred to in clauses (d), {e} and (g) of section 3.
(2) The Secretary shall assist the Cell in its activities to carry out its objectives.
(3) Subject to the superintendence, direction and control of the Council the Occupational Therapy Ceu ,
responsible. for and competent to deal with all matters related to occupational therapy and occupational therapists wi
competence of the Council.
12. Meetings of the Council.—(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 co-
tin] 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, IIItlI 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 obtIinittg 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 (3m enIrrIent in the formIn which it had been submitted and accordingly the permission oflh
Gm ernrnent required under subsection I l 1 shall also be deemed to haI e 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 accommodat-
ing 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 previ-
otts 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 physio-
therapy 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. Phys-
iotherapists and Occupational TheraPiSISv
so DELHI GAZETIE -. axmonomanv rpm to—— _— _—
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(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 ofPhysiotherapy or
Occupational Therapy in any foreign country, may, with the approval or the Council, be enrolled as a physio-
therapist oroccupational 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-
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5,
ing a screening test or such other test or examination as may be prescribed.
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23. Power to require information as to courses of study and training and cxaminalions.——- Every authority or .,
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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 ofInspec-
tors 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 qualifi-
mlicn.
(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 for-
ward 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 quali-
fication only when granted before a specified date or as the case ma
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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.
32. Budget.— The Council shall prepare, in such form and at such time each year as may be prescribed. a budg”
respect of the financial year next ensuring sltouing the estimated receipts and expenditure and copies thereofshall be forwafd
to the Government.
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33. Annual Report.— The Council shall prepare once every year, in such form and at such time as may be
_
scribed. an annual report giving a true and full account of its activities during the previous year, and copies thereof shall
forwarded to the Government.
34. Accounts and audiL—— (l) The Council shall cause to be maintained such books ofaccount and otherboo
relation to its accounts in such form andIn such manner as may, in consultation with the Compuoller and Auditor
GeneralsIndia require to be prepared.
form, and forward the same to the Comptroller and Auditor General of India by such date, as the Central Government may
consultation with the Comptroller and Auditor General, determine.
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(31 The accounts of the Council as certified by the Comptroller and Auditor General ol'lndia or any otherp
‘
appointed by him'In this behalf together with the audit report thereon shall be forwarded annually to the Goverrunent
and
I
Government shall cause the same to be laid before the Legislative Assembly ofDelhi
CHAPTERV
REGISTRATION
35 Persons entitled to registrations—(l) Every personpossessing the qualifications as a physiotherapist oro
pational therapist mentioned'to the Schedule shall, subject to the provision contained in this Act and payment of such fcos”
ni'ay be prescribedIn this behalf, be entitled to have his name entered in the register as the case may be, subject to
”
conditions as the Council may prescribe.
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(2) Every pcrsou applying for registration asphysiothcrapist oroccupational therapist shallIn his application
_
a declaration that hers in full time practice ofphysiotherapy oroccupational therapy, as the case may be, and not engaged'In I
other trade or business or profession. He shall further undertake that if, after registration hetakcs up or is engagedIn some nth
profession or business, he shall forthwith inform the Council of such service or employment or engagement and shall cease:
practise as physiotherapistor occupational therapist. as the case may be. His name shall be deleted from the Register. "3‘
(3) The application of registration shall be accompanied by all documents required to be produced as given in
prescribed form.
(-1} The application for registration shall be submitted to the secretary, who shall after scrutiny, place it before'ili ;
concerned Cellat the MM meeting for its recommendation and thereafter before the Council with the recommendation oftli. I
Cell.
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(5) The Council may require any candidate to appear before it in support of any statement made by him in hiS'
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lite Re .‘
application to furnish such other particulars as may be required. gt.
It,
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