Rehabilitation Council Act of India Act 1992 - The Rehabilitation Council of India

CHAPTER II - The Rehabilitation Council of India

Constitution and incorporation of Rehabilitation Council of India

    With effect from such date as the Central Government may,  by notification, appoint in this behalf, there shall be constituted for the purposes of this Act a Council to be called the Rehabilitation Council of India.                                                

      The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable and to contact and shall by the said name sue and be sued

     The Council shall consist of the following members, namely:-

   1. a Chairperson, from amongst the persons having experience in social work or rehabilitation, to be appointed by the Central Govt.;

          * Welfare
          * Health and
          * Finance

         1. such number of members not exceeding three as may be nominated by the Central Government from amongst the social workers who are actively engaged in assisting the disabled;
         2. The Members-Secretary ex-officio

   9. The office of member of the board all not disqualify its holder for being chosen as, or for being a Member of either House of Parliament

Term of office of Chairperson and Members         

     The Chairperson or a member shall hold a office for a term of two years from the date of his appointment or until his successor shall have been duly appointed whichever is longer            

       A casual vacancy in the Council shall be filled in  accordance with the provisions of sections 3 and the person so appointed shall hold office only for the remainder of the term for which the member in whose place he was appointed would have held that office

     The Council shall meet at least once in each year at such time and place as may be appointed by the Council and shall observe such rules of procedure in the transaction of business at a meeting as may be presented

    The Chairperson or, if for any reason, he is unable to attend the meeting of the council, any member elected by the members present from amongst themselves at the meeting shall preside at the meeting

Disqualification

     All questions which come up before any meeting of the Council shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote

   No. Person shall be a member if he-                           

  1. is, or become of unsound mind or is so declared by a competent court; or
  2. is, or has been, convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or
  3. is, or at any time has been adjudicated as insolvent

Vacation of office by members: If a member-

   1. becomes subject to any of the disqualification mentioned in by members section 5; or
   2. is absent without excuse, sufficient in the opinion of the council  from three consecutive meeting of the Council; or
   3. ceases to be enrolled on the Indian Medical Register in the case of a member referred to in clause (g) of sub-section (3) of section 3;

Executive Committee and other Committees

       The Council shall constitute from amongst its members   an Executive Committee and such other committee for general or special purposes as the Council deems necessary to carry out the purposes of this Act.

       The Executive Committee shall consist of the Chairperson who shall be member who shall be nominated by the Council from amongst its members.

       The Chairperson shall be the Chairperson of the Executive Committee In addition to the powers and duties conferred and imposed upon it by this Act, the Executive Committee or any other Committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf

Member Secretary and Employees of Council

      The Central Government shall appoint the Member-Secretary of the Member Council to exercise such powers and perform such duties under the direction of the Council as may be prescribed or as may be delegated to him by the Chairperson

      The Council shall, with the previous sanction of the Central Government employ such officers and other employees as it deems necessary to carry out the purpose of this Act

      The Council shall, with the previous sanction of the Central Government fix the allowances to be paid to the Chairperson and other members and determine the conditions of services of the Member-Secretary, officers and other employees of the Council.

Vacancies in the Council not to invalidate date acts,......etc.

       No act or proceeding of the Council or any committee thereof shall Vacancies in the be called in question on the ground merely of the existence of any council or a committee thereof as the case may be.

Dissolution of Rehabilitation Council and transfer of right

       On and from the date of the constitution of the Council, the Rehabilitation Council shall stand dissolved and on such dissolution:-    

   1. all properties and assets, movable and immovable, of or belonging Council and to, the Rehabilitation Council shall vest in the Council.    

     Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law for the time being in force, absorption of any employee by the Council in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.

Explanation:-In this section "Rehabilitation Council" means the Rehabilitation Council a society and registered under the Societies Act, 1860 and functioning as such immediately before the constitution of the Council.