The Andhra Pradesh State Council for Physiotherapy Act, 2019
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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; (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.
- (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;
- (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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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;
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR 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 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.
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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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. (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.
- (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. (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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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. (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.
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
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.
- (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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
11. 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.
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
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
12. Government or any other authority appointed by it on its behalf.
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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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 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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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; (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.
- (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; (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.
Chapter II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
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 II ANDHRA PRADESH STATE COUNCIL FOR PHYSIOTHERAPY
16. Prior permission for establishment of new Institutions, new
course of study, etc.,
PDF: pending for this language.