Chapter VII MISCELLANEOUS

directions as may be issued from time to time by the State Government for the efficient administration of this Act.

1. (2) If in connection with the exercise of its authority and the discharge of its functions by the Council under this Act, any dispute arises between the Council and the State Government, the decision of the

Power to supersede council -(1) If the Government is of the opinion that the Council is unable perform, or has persistently made default in the performance of the duty imposed on it by or under this Act, or has exceeded or abused it powers, or has willfully or without sufficient cause failed to comply with any direction issued by the State Government under section 45, the State Government may, by notification in the Andhra Pradesh Gazette, supersede the Council for such period as may be specified in the notification: Provided that before issuing a notification under sub-section (1), the

State Government shall issue a notice to the Council and give reasonable

time to it to show cause.

1. (2) Upon the publication of a notification under sub-section, (1) superseding the Council, -
   • (a) all the members of the Council shall, notwithstanding that their term of office has not expired, as from the date of supersession, vacate their offices as such members;
   • (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the Government may direct;
   • (c) all property vested in the Council shall, during the period of supersession, vest in the State Government;
   • (d) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government may –
     • (i) extend the period of supersession for such further period as it may consider necessary, or
     • (ii) reconstitute the Council in the prescribed manner.

Registrar, the Deputy Registrar, Inspectors and other officers and employees appointed under this Act, shall be deemed to be the public servants within the meaning of Section 21 of the Indian Penal Code, 1860(Central Act No.45 of 1860).

No suit, prosecution or other legal proceedings shall lie against the State Government, the Council, the President, the Vice-President, the Registrar, the Deputy Registrar, members and officers and employees appointed under this Act for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules made there under.

rules, for carrying out all or any of the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:-
   • (i) the management of the property of the Council, and the maintenance of accounts and audit;
   • (ii) manner of election of the President and the Vice- President of the Council under Section 7;
   • (iii) summoning and holding of the meetings of the Councils, the time and place of such meetings and the conduct of business therein under Section 10;
   • (iv) powers and duties of the President and the Vice- President of the Council;
   • (v) procedure for appointment of Registrar, Deputy Registrar and other staff of the Council including the pay scales and other service conditions under Section 13;
   • (vi) powers and duties of the Executive Committee, the summoning and holding of meeting thereof, the time and place of such meetings;
   • (vii) term of office and the powers and duties of the Secretary and other officers and servants of the Council;
   • (viii) the form and other particulars of the scheme for establishing new institutions, new courses of study, etc. under Section 16;
   • (ix) procedure for determining the admission capacity for courses of Physiotherapy under Section 16;
   • (x) The system for conducting a screening test or any other

test or examination under Section 20;

1. (xi) procedure for renewal of registration under Section 36;
2. (xii) procedure for filing an appeal to the State Government against any order of the Council under Section 38 ;
3. (xiii) manner in which the Council shall furnish information to the State Government, the format of the annual report and the form in which the budget would be prepared under Chapter IV;
4. (xiv) procedure for seeking registration including the fee to be paid, format of the certificate of registration, manner in which the name of a practitioner may be removed from the Register, etc. under Chapter V;
5. (xv) Any other matter which is to be or may be prescribed under this Act.

1. (3) Every rule made under this Act shall immediately after it is made, be laid before the State Legislature if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agree in making any modifications in the rule or in the annulment of the rule, the rule shall, with effect from the date of notification of such modification of annulment in the Andhra Pradesh Gazette is notified have effect only in such modify form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

sanction of the State Government, by notification in the Andhra Pradesh Gazette, make regulations not inconsistent with this Act and the rules made there under for enabling it to perform its functions and for carrying out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the forgoing powers such regulations may provide for all or any of the following matters, namely:-
   • (i) the maintenance and audit of the accounts of the Council;
   • (ii) the registration of members of the Council;
   • (iii) the rules of procedure for the transaction of business at the meeting of the Council and its committees;
   • (iv) the procedure for appointments of Committees, their functions and duties;
   • (v) the qualifications, procedure for appointment of inspectors and their power and duties;
   • (vi) the courses of study and period of training, to be undertaken, the subjects of examination and standards of proficiency therein to be obtained in any University or in any institution for grant of recognized Physiotherapist qualification;
   • (vii) the standards of staff, equipment accommodation, training and other facilities for study or training of the Physiotherapist;
   • (viii) the conduct of examinations, qualifications of examiners and the conditions of the admission to such examinations;
   • (ix) the standard of professional conduct and etiquette and code of ethics to be observed by Physiotherapist professionals under Section 26;
   • (xi) the manner in which and the conditions subject to which an appeal may be preferred under Section 37;
   • (xii) any other matter which is to be, or may be, prescribed.
2. (3) The State Government may, by notification in the Andhra Pradesh Gazette, rescind or modify any regulations made under this Section and thereupon, the regulation shall cease to have effect or be modified, accordingly.

If any difficulty arises in giving effect to the provisions of this Act, the State Government, may, by order published in the Andhra Pradesh Gazette, make such provision not inconsistent with the provisions of this Act, as may appear it to be necessary for removing the difficulty: Provided that no order shall be made under this Section after the expiry of two years from the commencement of this Act.