Chapter III FUNCTIONS OF THE COUNCIL

Subjects to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Council shall be-

1. (a) to determine and co-ordinate the standards of occupational therapy and physiotherapy education at all levels ;
2. (b) to recommend to the Government, the grant of permission to open new institutions or to open new courses of study or, training, under section 17 ;
3. (c) to maintain the registers, and to provide for the registration of occupational therapists and physiotherapists in the State ;
4. (d) to prescribe a code of ethics for regulating the professional conduct of practitioners in occupational therapy or physiotherapy ;
5. (e) to advise the Government in matters relating to the requirement of manpower in the field of occupational therapy and physiotherapy ;
6. (f) to hear and decide appeals from any decision of the Registrar;
7. (g) to reprimand a practitioner, or to suspend or to remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient ; and
8. (h) to hold elections before the expiry of the term of office of the members of the Council or in any case within a period of six months after the date of expiry of such term ;
   • (i) to exercise such power, perform such other duties and discharge such other functions, as are laid down in this Act, or as may be prescribed.

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, with effect from such date as may be notified by the State 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 post-graduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised occupational therapy or physiotherapy qualification; or
     • (ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training), except with the previous permission of the State Government obtained in accordance with the provisions of this section. Explanation I. For the purpose of this section "person" shall include any University or a trust or a society or an institution but shall not include the Central Government or the State Government. Explanation II. For the purposes of this section, "admission capacity" in relation to any course of study or training (including post-graduate course of study or training) in an institution, means the maximum number of students that may be fixed by the Government from time to time, for being admitted to such course or training.
2. (2) (a) Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit to the State Government a scheme ;
   • (b) On receipt of such application the State Government shall, refer the scheme to the Council for its recommendations.
3. (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 open to such person or institution to rectify the defects, if any, specified by the Council ;
   • (b) consider the scheme having regard to the factors referred to in sub-section (5), and submit the scheme together with its recommendations thereon to the State Government.
4. (4) The State 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 an institution concerned, and having regard to the factors referred to in sub-section (5), may approve (with such conditions, if any, as it may consider necessary), the scheme. The approval granted shall be deemed to be a permission under sub-section (1). In case of disapproval of the scheme, the reasons for such disapproval shall be recorded in writing and such decision with such reasons shall be conveyed to the applicant: Provided that, the applicant may represent to the Government with clarifications for the objections raised by the Government and Government may, after considering those clarifications, grant the permission : Provided further that, nothing in this sub-section shall prevent any person or an institution, whose scheme has not been approved by the State 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. (5) The Council, while making its recommendations under clause (b) of sub-section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely :-
   • (a) whether the proposed institution or the existing institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standard of education as prescribed by the Council under section 16 ;
   • (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 occupational therapy or physiotherapy qualification, 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 occupational therapy or physiotherapy, as the case may be ; and
   • (f) any other factors as may be prescribed.
6. (6) Where the State Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or the institution concerned.
7. (7) After approval of the scheme by the State Government, the name of the institution, shall be included in Schedule I, or as the case may be, in Schedule II.

1. (1) Where after the coming into force of the Act, any institution is established without obtaining the previous permission of the State Government as provided under section 17, no occupational therapy or physiotherapy qualification granted to any student of such institution shall be a recognised qualification for the purposes of this Act.
2. (2) Where any institution opens a new or higher course of study or training (including a postgraduate course of study or training) without the previous permission of the State Government as provided under section 17, 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. (3) Where any institution increases its admission capacity in any course of study or training without the previous permission of the State Government as provided under section 17, no occupational therapy or physiotherapy qualification granted to any student of such institution on the basis of the increase in its admission capacity shall be a recognised occupational therapy or physiotherapy qualification for the purposes of this Act. Explanation.- For the purposes of this section, the criteria for identifying a student who has been granted a occupational therapy or physiotherapy qualification on the basis of such unauthorised increase in the admission capacity shall be such as may be prescribed.

1. (1) Any person who has established an institution before the date of coming into force of this Act, shall seek, within a period of six months from the said date, the permission of the State Government, as provided in section 17.
2. (2) If such person 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 State Government under section 17 has been refused.

20. Recognition of qualifications granted by Universities, etc., 1[in India or abroad] for occupational therapy or physiotherapy professionals.- (1) Any University or other institution 2[in India or abroad], which grants qualifications in Occupational Therapy or Physiotherapy and the name of which University or, as the case may be, institutions is not included in the Schedules, may apply to the State Government as provided under sub-section 19 (1) to have their names included in the Schedules and the State Government, after consulting the Council, may, by notification in the Official Gazette, amend the Schedule so as to include the name of the University or institutions in the relevant Schedule and any such notification may also direct that an entry shall be made in the last column of the relevant Schedule against the name of such University or institution declaring that it shall be recognised University or institution, as the case may be, for the purposes of this Act, only after a specified date.

1. (2) The qualifications, granted by any University or other institution in India, specified in Schedule I relating to Occupational therapy or specified in Schedule II relating to Physiotherapy shall be recognised qualifications for the Occupational Therapists and Physiotherapists for the purposes of this Act.

1. (1) (a) Any qualification in Occupational Therapy or Physiotherapy granted by a University or an institution included in Schedule I and Schedule II, respectively, shall be sufficient qualification for enrolment in the register of Occupational Therapists or Physiotherapists, as the case may be ;
   • (b) No person shall, after the date of commencement of this Act, be entitled to be enrolled in the Register as a Occupational Therapist or Physiotherapist unless he holds a recognised qualification : Provided that, in case of a dispute as to whether a person is entitled to be enrolled, the matter shall be referred to the respective equivalence and Registration Committee which shall consider the reference and make recommendations to the Executive Committee whose decision shall be final.
2. (2) Notwithstanding anything contained in sub-section (1),-
   • (a) a citizen of India holding a qualification which entitles him to be registered with any Council of Occupational Therapy or Physiotherapy in any foreign country, recognised by the Government of that country may, with the approval of the Council, be enrolled temporarily as an occupational therapists or as the case may be, physiotherapist, in the Register till the said qualification is included in the respective Schedule ;
   • (b) a person not being a citizen of India who is employed as a occupational therapy or physiotherapy teacher in any hospital or institution in India where such hospital or institution is recognised by the Government of the concerned State or Union Territory, for the purpose of teaching, research or charitable work, may, with the approval of the President of the Council, be enrolled temporarily in the Register, for such period as may be specified in this behalf, in the order issued by the President : Provided that, such person shall not be allowed to practice as a general occupational therapist or physiotherapist and such teaching or work shall be limited to the hospital or institution to which he is attached : Provided further that, no such enrolment under clause (a) shall be permitted unless the Council satisfies itself that such person possesses the requisite knowledge and skill to practice occupational therapy or physiotherapy by conducting a screening test or such other test or examination as may be prescribed.

Every authority or institution or University in Maharashtra which grants any recognised qualification, or a recognised higher qualification shall furnish such details and 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, and generally as to the requisites for obtaining such qualification.

1. (1) The Executive Committee may subject to the regulations, if any, framed in this behalf, appoint such number of Inspectors as it deems necessary to inspect any institution where education or training in occupational therapy or physiotherapy is imparted, and attend any examinations held for the purpose of granting and recognised qualification or recognised higher qualification.
2. (2) The Inspectors appointed under this section shall not interfere with the course of any examinations but they shall report to the Executive Committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be, on the sufficiency of the standard of examinations, and on any other matters with regard to which the Executive Committee may require them to report.
3. (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 copies with the remarks, if any, of the authority or institution concerned, thereon, to the State Government and the Council.

1. (1) When upon the report by the Executive Committee, it appears to the Council that,-
   • (a) the courses of study, training and examinations to be undergone to obtain a recognised qualification from any University or institution in the State or the conditions for admission to such courses or the standards of proficiency required from candidates at such examination ;
   • (b) the staff, equipment, accommodation, training and other training provided in such University or Institution ; are not in conformity with the regulations made under the Act, or fall short of the standard prescribed by the Council, the Council shall make a representation to that effect to the State Government. After considering such representation, the State Government shall forward it, alongwith such remarks, as it may think fit, to the University or institution concerned with an intimation of the period within which the University or institution may submit its explanation to the State Government.
2. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government may, after making such further inquiry, if any, as it may think fit, by notification in the Official Gazette, direct that an entry shall be made in the Schedule I or II, as the case may be, against the names of the said University or institution and the qualifications conferred by them declaring that the qualification conferred by the said University or Institutions shall be a recognised qualification only when granted before a specified date.

1. (1) The Council may, with the previous approval of the State Government, by regulations, prescribe standards of professional conduct and etiquette and a code of ethics for occupational therapists and physiotherapists.
2. (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. (3) Whenever the Executive Committee, after such inquiry as it thinks fit, recommends that the name of any person enrolled in the register of occupational therapists or register of physiotherapists be removed therefrom due to professional misconduct, it shall accordingly report to the Council and the Council shall after such inquiry 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. (4) Any person aggrieved by an order of the Council may prefer an appeal against that order to the State Government in such form and manner, within such time, on such conditions and on payment of such fees as may be prescribed.
5. (5) On receipt of such appeal, the State Government may, after giving the person concerned an opportunity of being heard and after consulting the Council, pass an appropriate order which shall be final and binding.

The Council shall furnish copies of its minutes, reports, abstracts of its accounts and other information to the State Government whenever called for.