Chapter VI MISCELLANEOUS

1. (1) The Council shall carry out such directions as may be issued from time to time by the State Government, for the efficient administration of this Act.
2. (2) If any dispute arises between the Council and the State Government, in connection with the exercise of its authority and in the discharge of its functions by the Council under this Act, the decision of the State Government on such dispute shall be final.

1. (1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise, or has persistently made default in the performance of the duties imposed on it by or under this Act, or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has willfully or without sufficient cause failed to comply with any direction issued by the State Government under section 36, the State Government may, by notification in the Official Gazette, supersede the Council for such period as may be specified in the notification : Provided that, before issuing a notification under this sub-section the Government shall give a reasonable time to the Council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Council.
2. (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 had not expired on the date of supersession, vacate their offices ;
   • (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 State Government may direct ;
   • (c) all property vested in the Council shall, during the period of supersession, vest in the State Government.
3. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may,-
   • (a) extend the period of supersession for such further period as it may consider necessary but which period shall not in the aggregate be more than two years ; or
   • (b) take steps to constitute a new Council in the manner provided.

No suit, prosecution or other legal proceeding shall lie against the State Government, the Council, President, Vice-President, Member, Secretary or any officer or other employee of the Council or of the Government as aforesaid for anything which is done or intended to be done in good faith under this Act.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act. Such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall form the date of publication of a notification in the Official Gazette, of such decision have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) The Council may, with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to perform its functions under this Act and generally to carry out the purposes of this Act, by notification in the Official Gazette.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :-
   • (a) the management of the property of the Council ;
   • (b) the maintenance and audit of the accounts of the Council;
   • (c) the registration of Occupational Therapists and Physiotherapists;
   • (d) the rules of procedure for the transaction of business of the Council and its committees ;
   • (e) the procedure for appointing Committees, their functions and duties;
   • (f) the qualifications, procedure for appointment of Inspectors, their powers and duties ;
   • (g) the courses and period of study or 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 recognised occupational therapists or physiotherapists qualification ;
   • (h) the standards of staff, equipment, accommodation, training and other facilities for study or training of the occupational therapists or physiotherapists;
     • (i) the conduct of examination, qualification of examiners and the conditions of the admission to such examinations ;
   • (j) the standard of professional conduct and etiquette and code of ethics to be observed by occupational therapists and physiotherapists professionals under section 25 ;
   • (k) the manner in which and the conditions subject to which an appeal may be preferred under section 29 ;
   • (l) the fees to be paid for applications and appeals under this Act;
   • (m) any other matter which is to be, or may be, made by regulation.
3. (3) The Government may, by notification, rescind or modify any regulation made under this section and thereupon, the regulation shall cease to have effect or be modified accordingly.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty : Provided that, no order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature.