The Delhi Council For Physiotherapy And Occupational Therapy Act, 1997

(1) The Council shall have a Physiotherapy Cell to be headed by the Vice-president (Physiotherapy) referred to in sub-section (2) of section 6 and shall include, (a) two physiotherapists from among the members referred to in clause (a) of section 3; and (b) the members referred to in clauses (c), (e) and (g) of section 3. (3) Subject to the superintendence, direction and control of the Council, the Physiotherapy Cell shall be responsible and competent to deal with all matter related to Physiotherapy and Physiotherapists within the competence of the Council.

(1) The Council shall have an Occupational Therapy Cell to be headed by the President (Occupational Therapy) referred to in sub-section (2) of section 6 and shall include, (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 Cell shall be responsible for and competent to deal with all matters related to occupational therapy and occupational therapists within the competence of the Council.

(1) The Council shall meet at least once 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) Eight members (including the President and Vice President) shall form a quorum. When a quorum is required, if not present the presiding authority shall, after waiting for not less than thirty minutes for such quorum, adjourn the meeting to 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 present or not. (3) At least fifteen clear days' notice, in writing, alongwith agenda proposed to be considered at a meeting of the Council, shall be given to the members for holding an ordinary meeting. (4) The agenda of the meeting shall be settled by the Secretary in consultation with the President.

(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 Government or any other authority appointed by it on its behalf.

No act or proceeding of the Council shall be 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 of a person as a member of the Council; and (c) any irregularity in the procedure of the Council not affecting the merits of the case.

(1) The Council shall with the previous sanction of the Government, appoint a Registrar and a Deputy Registrar. He shall be a qualified medical graduate as prescribed in schedules I, II, and III of the Indian 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 Registrar shall perform the duties of the Registrar.

(1) Notwithstanding 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 shall,— (i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognized physiotherapy or occupational therapy qualifications; or (ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training). Explanation.—For the purposes of this section "person" includes any University or a Trust or a Society or institution but does not include the Central Government or the Government. (2) (a) Every person or institution shall for the purpose of obtaining permission under sub-section (1) submit to 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, be prepared in such manner and be accompanied with such fee as may be prescribed. (3) On receipt of a scheme by the Council 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 advised 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 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 it may consider necessary) the scheme in which case such approval shall be deemed to be a permission under sub-section (1) or reject the scheme: Provided that no scheme shall be rejected by the Government except after giving the person or institution 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 such scheme 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 (1) shall also be deemed to have been granted. (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 have due regard to the following factors: (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 26; (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, equipment, accommodation, training and other facilities to ensure proper functioning of the institution or conducting the new course 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; (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 persons having the recognised physiotherapy or occupational therapy qualifications, as the case may be; (e) 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 may be; and (f) any other factors as may be prescribed. (8) Where the Government passes an order either approving or rejecting a scheme under this section, a copy of the order shall be communicated to the person or institution concerned.

(1) Where any institution is established except with the previous permission of the Government in accordance with the provisions of section 18, no physiotherapy or occupational therapy qualification granted to any student of such 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 of the Government in accordance with the provisions of section 18, no qualification granted to any student of such institution on the basis of such study or training shall be a recognised 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 Government in accordance with the provisions of section 18, no physiotherapy or occupational therapy qualification granted to any student of such institution on the basis of the increase in its admission capacity shall be recognised physiotherapy or occupational therapy qualification for the purpose of this Act. Explanation--For the purposes of this Section, the criteria for identifying a student who has been granted a physiotherapy or occupational therapy qualification on the basis of such increase in the admission capacity shall be such as maybe prescribed.

(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 Government in accordance with the provisions of section 18. (2) If any person or institution as the case may be, fails to seek the permission under sub-section (1) the provisions of section 18 shall apply, so far as may be, as if permission of the Government under section has been refused.

(1) The qualifications granted by any university or other institution in the country which are included in the schedule shall be the recognised qualifications for Physiotherapy, Occupational Therapy Professionals, Physiotherapists and Occupational Therapists. (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 column of the schedule against such qualification only when granted after a specified date.

(1) Notwithstanding anything contained in any other law and subject to the other provisions contained in this Act, any physiotherapy or occupational therapy qualification included in the schedule shall be sufficient qualification for enrollment on the Register of Physiotherapists 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 expiry of two 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 recommendations 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 or Occupational Therapy in any foreign country, may, with the approval of the Council, be enrolled as a physiotherapist or occupational therapist, as the case may be; (b) a person not being a citizen of India who is employed as a physiotherapist or occupational therapy teacher in any hospital or institution in any State or Union Territory for the purpose of teaching, 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: 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 under clause (a) or clause (b) shall be permitted unless the Council satisfies itself that such person possesses the requisite knowledge and skill to practice physiotherapy or occupational therapy by conducting a screening test or such other test or examination as may be prescribed.

Every authority or institution in Delhi which grants any recognised qualification or a recognised higher qualification shall furnish such information as the Council may, from time to time require as to the courses of study and training and examination to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and generally as to the requisites for obtaining such qualification.

(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 or occupational therapy is given, or to attend any examination held for the purpose of granting any recognised qualification or recognised 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 every examination at which they attend and of 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 respective Equivalence and Registration Committee, shall forward a copy of such report to the authority or institution concerned and shall also forward such a copy with remarks, if any, of the authority or institution concerned thereon to the Government.

(1) 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

(1) The Council may prescribe the minimum standards of education in physiotherapy and occupational therapy required for granting recognised qualifications in Delhi. (2) Copies of the draft regulations and or all subsequent draft amendments thereof shall be sent by the Council to the Government. (3) In particular, and without prejudice to the generality of the foregoing power, the regulations may prescribe— (a) the nature and period of study and of practical training to be undertaken before admission to an examination; (b) the equipment and facilities to be provided for students undergoing approved courses of study; (c) the subjects of examination and standards therein to be attained; (d) any other conditions of admission to examinations: (4) The regulations shall be published in the official 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 such amendments thereof as it may think fit.

Every enrollment of a person as a physiotherapist or occupational therapist 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, in such manner, within such period and on payment of such fees as may be prescribed.

(1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for physiotherapists and occupational therapists. (2) Regulations made under sub-section (1) may specify which violations thereof shall constitute professional misconduct and such provision 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 or Register of Occupational Therapists be removed therefrom, 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 against that order to the Government in such form and manner, within such time, on such conditions and on payment of such fees as may be prescribed. (5) On receipt of such appeal, the Government may, after giving the person concerned an opportunity of being heard and after consulting the Council pass appropriate orders which shall be final and binding.

The Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Government as may be prescribed.

The Government may, after due appropriation, made by the Legislative Assembly of Delhi, by law in this behalf, pay to the Council in each financial year such sums as it may consider necessary for performance of functions of the Council under this Act.

(1) The Council shall have its own Fund; all sums which may, from time to time, be paid to it by the Government and all the receipts of the Council (including registration fees for inspection of institutions, or any sums received from any authority or person) shall be credited to the Fund and all payments by the Council shall be made therefrom. (2) All moneys belonging to the Fund shall be deposited in such nationalised banks or invested in such manner as may be decided by the Council. (3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable under this Act.

The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuring showing the estimated receipts and expenditure and copies thereof shall be forwarded to the Government.

The Council shall prepare once 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 copies thereof shall be forwarded to the Government.

(1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor General of India, require to be prepared. (2) The Council shall, as soon as may be after the end of each financial year, prepare the accounts of the Council in such form, and forward the same to the Comptroller and Auditor General of India by such date, as the Central Government may in consultation with the Comptroller and Auditor General, determine. (3) The accounts of the Council as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Government and the Government shall cause the same to be laid before the Legislative Assembly of Delhi.

(1) Every person possessing the qualifications as a physiotherapist or occupational therapist mentioned in the Schedule shall, subject to the provision contained in this Act and payment of such fees as may be prescribed in this behalf, be entitled to have his name entered in the register as the case may be, subject to such conditions as the Council may prescribe. (2) Every person applying for registration as physiotherapist or occupational therapist shall in his application give a declaration that he is in full time practice of physiotherapy or occupational therapy, as the case may be, and 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 practise as physiotherapist or occupational therapist, as the case may be. 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 concerned Cell at the next meeting for its recommendation and thereafter before the Council with the recommendation of the Cell. (5) The Council may require any candidate to appear before it in support of any statement made by him in his application to furnish such other particulars as may be required.

(1) This Act may be called the Delhi Council for Physiotherapy and Occupational Therapy Act, 1997. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provisions. (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 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 communication is received by the President, become vacant. (3) A member shall be deemed to have vacated his seat 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 in the case of a member whose name is required to be included in the Register of Physio-therapists or Register of Occupational Therapists, as the case may be, if his name is removed from such register; or if he ceases to be a member of the Council; or 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 section (1), for the remainder of the 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, resignation or otherwise, it shall be filled by fresh election by and from amongst the members of the Council. (6) Members of the Council shall be eligible for re-election or re-nomination but no member shall be eligible for re-nomination if he has been a member for ten years continuously.

In this Act, unless there is anything repugnant in the subject or context.— (1) "Council" means the Delhi Council for Physiotherapy and Occupational Therapy constituted under section 3; (2) "Delhi" means the National Capital Territory of Delhi; (3) "Government" means the Government of the National Capital Territory of Delhi; (4) "Inspector" means an Inspector appointed by the Council; (5) "institution" means any institution within or outside India which grants degree, diplomas or licences in Physiotherapy or Occupational Therapy as the case may be; (6) "Lieutenant Governor" means the Administrator of the National Capital Territory of Delhi appointed by the President under article 239 read with article 239 AA of the Constitution; (7) "member" means a member registered with the Council; (8) "occupational therapist" means a person who possesses recognised occupational therapy qualification and whose name has been enrolled or deemed to be enrolled in the Delhi Register of Occupational Therapists; (9) "occupational therapy" means the application of purposeful, goal-oriented activity through latest technology with computerised system and the like in the evaluation, diagnosis, and or treatment of persons whose function is impaired by physical illness or injury, emotional disorder, congenital or developmental disability, or the aging process, in order to achieve optimum functioning, to prevent disability, and to maintain health. Specific occupational therapy services include but are not limited to, education and training in activities of daily living (ADL), the design fabrication and application of or those (splints); guidance in the selection and use of adaptive equipment, therapeutic activities to enhance functional performances; provocational evaluation and training and consultation concerning the adaptation of physical environments for the handicapped. These services may be provided to individuals or groups and to both in-patients and out-patients; (10) "physiotherapist” means a person who possesses recognised physiotherapy qualifications and whose name has been enrolled or deemed to have been enrolled in the Delhi Register of Physiotherapists; (11) "physiotherapy" means physiotherapeutic system of medicine which includes examination, treatment, advice and instructions to any person preparatory to or for the purpose of or in connection with movement dysfunction, bodily malfunction, physical disorder, disability, healing and pain from trauma and disease, physical and mental conditions using physical agents including excercises, mobilisation, manipulation, mechanical and electro-therapy activity and devices or diagnosis, treatment and prevention; (12) "prescribed" means prescribed by rules made by the Government under this Act; (13) "President" means the President of the Council; (14) "profession" means the profession of physiotherapy or occupational therapy, as the case may be; (15) "recognised physiotherapy qualification" or "recognised occupational therapy qualification" means qualification in physiotherapy or occupational therapy, as the case may be, included in the Schedule; (16) "Register" means the Register of physiotherapists or the Register of Occupational Therapists, as the case may be, maintained by the Council; (17) "regulation" means a regulation made by the Council under this Act by notification in the official Gazette; (18) "rule" means a rule made by the Government under this Act by notification in the Official Gazette; (19) "Secretary" means the secretary of the Council, appointed under sub-section (1) of section 15; (20) "Schedule" means the Schedule to this Act; (21) "section" means a section of this Act; (22) "Vice-President" means a Vice-President of the Council; (23) "Visitor" means the Visitor appointed by the Council.

(1) The Government shall, as soon as may be, after the commencement of this Act, constitute a Council called the Delhi Council for Physiotherapy and Occupational Therapy, consisting of the following members, namely:— (a) six member from physiotherapists to be elected from amongst the registered practitioners enrolled in the Register of physiotherapists; (b) six members from occupational therapists to be elected from amongst the registered practitioners enrolled in the Register of Occupational Therapists; (c) one physiotherapist from the recognised teaching institutions in Delhi to be nominated by the Government; (d) one occupational therapist from the recognised teaching institutions to be nominated by the Government; (e) one person from the field of Physiotherapy and one person from the field of Occupational Therapy to be nominated by the Government; (f) one member of the Legislative Assembly of Delhi to be nominated by the Speaker; (g) one member from the Delhi Medical Council to be nominated by the Government; (h) The Director, Health Services or the administrative secretary, Health and Family Welfare of the Government nominated by the Government: Provided that the election of the members referred to in clauses (a) and (b) above shall be held at such time and at such place and in such manner as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), (a) in respect of the constitution of the Council for the first time under this Act, the members thereof including the President and the two Vice Presidents as mentioned in section 6, shall be nominated by the Government from amongst persons qualified to be elected or nominated as members of the respective category; and (b) the members so nominated shall hold office for such period not exceeding five years in the aggregate as the Government may, by notification in the official Gazette, specify.

The Council shall be body corporate by the name of the Delhi Council for Physiotherapy and Occupational Therapy 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.

The functions of the Council shall be:— (a) to coordinate and determine the standards of physiotherapy and occupational therapy education at all levels; (b) to regulate the practice of the profession by persons possessing recognised physiotherapy or occupational therapy qualification; (c) to maintain the Registers of physiotherapists and occupational therapists for Delhi; (d) to advise the Government in matters relating to the requirements of manpower in the field of physiotherapy and occupational therapy; (e) to assist the Government in regard to reviewing education of registered physiotherapists and occupational therapists.

(1) There shall be President who 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 two Vice-Presidents, one representing physiotherapists and another representing occupational therapists, to be known as Vice-President (Physiotherapy) and Vice-President (Occupational Therapist) respectively elected by the members of the Council from among themselves. Subject to the provisions of this Act, each of them shall hold office for a term of five years from the date of his election.