Section 3 of The Rehabilitation Council of India Act, 1992
- (1)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.
- (2)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 contract and shall by the said name sue and be sued.
- (3)The Council shall consist of the following members, namely:-- 1[(a) a Chairperson, from amongst the persons having experience in administration with professional qualification in the field of rehabilitation, disabilities, and special education, to be appointed by the Central Government;
- (b)such number of members not exceeding seven, as may be nominated by the Central Government, to represent the Ministries of the Central Government dealing with matters relating to persons with disabilities;]
- (c)one member to be appointed by the Central Government to represent the University Grants Commission;
- (d)one member to be appointed by the Central Government to represent the Directorate General of Indian Council of Medical Research;
- (e)two members to be appointed by the Central Government to represent the Ministry or department of the States or the Union territories dealing with Social Welfare by rotation in alphabetical order;
- (f)such number of members not exceeding six as may be appointed by the Central Government from amongst the rehabilitation professionals working in voluntary organisations;
- (g)such number of members not exceeding four as may be appointed by the Central Government from amongst the medical practitioners enrolled under the Indian Medical Council Act, 1956 (102 of 1956) and engaged in rehabilitation of the handicapped;
- (h)three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
- (i)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;
- (j)the Member-Secretary, ex officio.
- (4)The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament.
Summary
- This section creates the Rehabilitation Council of India as a formal legal entity that can own property, make contracts, and go to court.
- It lists the specific mix of people who make up the Council, including a Chairperson, government ministry representatives, medical experts, social workers, and Members of Parliament.
- The Central Government is responsible for appointing or nominating most of these members.
- Serving as a member of this Council does not prevent a person from also serving as a Member of Parliament.
Practical examples
FAQ
1. Can the Council be sued if someone is unhappy with a contract they signed?
Yes, as a body corporate, the Council has the power to sue and be sued in its own name.
2. Are there any politicians on the Council?
Yes, the Council includes three Members of Parliament (two from the House of the People and one from the Council of States).
3. Who appoints the medical practitioners to the Council?
The Central Government appoints up to four medical practitioners who are engaged in the rehabilitation of the handicapped.
Test yourself
Q1.Under Section 3 of The Rehabilitation Council of India Act, 1992, which legal characteristic is explicitly granted to the Council?
Q2.Under Section 3 of The Rehabilitation Council of India Act, 1992, how are the two members representing state or union territory Social Welfare departments chosen?
Q3.Under Section 3 of The Rehabilitation Council of India Act, 1992, how many Members of Parliament are elected to serve on the Council in total?
Q4.Under Section 3 of The Rehabilitation Council of India Act, 1992, which organization gets exactly one member appointed to represent it on the Council?