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The Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002

Maharashtra Act No. 2 of 2004

MH270

Chapter I

Preliminary

(a) "appointed day" means the date on which the provisions of this Act come into force under sub-section (3) of section 1;

(b) "Council" means the Maharashtra State Council of Occupational Therapy and Physiotherapy constituted under section 3;

[(b-1) "Enlisted practitioner" means a traditional practitioner enlisted by the Council in the List published and maintained under sub-section (2) of section 30A;]

(c) "Government" or "State Government" means the Government of Maharashtra;

(d) "Inspector" means an Inspector appointed by the Council under section 23;

[(d-1) "List" means the List of the Enlisted Practitioners published and maintained by the Council under sub-section (2) of section 30A;]

(e) "member" means a member of the Council;

(f) "Occupational therapist" means a person who possesses occupational therapy qualification obtained from a recognized institution specified in Schedule I and whose name has been enrolled in the Registrar of Occupational Therapists.

(g) "Occupational therapy" means a branch of health care system which involves application of purposeful goal-oriented activity through latest technology [* * *] in the valuation diagnosis or treatment of a person whose function is impaired due to acute and chronic physical illness or injury, psychological dysfunction, congenital or developmental disability or the ageing process in order to achieve optimum functioning, to prevent disability and to maintain health; specific occupational therapy services which include 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; prevocational evaluation and training and consultation concerning the adaptation of physical environments which may be provided to individuals or groups and to both indoor and outdoor patients;

(h) "Physiotherapist" means a person who possesses physiotherapy qualification obtained from a recognized institution specified in Schedule II and whose name has been enrolled in the Register of Physiotherapists;

(i) "physiotherapy" means a branch of modern medical science which includes examination, assessment, interpretation, physical diagnosis, planning and execution of treatment and advice to any person for the purpose of preventing, correcting, alleviating and limiting dysfunction, acute and chronic bodily malfunction including life saving measures via chest physiotherapy in the intensive care units, curing physical disorders or disability, promoting physical fitness, facilitating healing and pain relief and treatment of physical and psychosomatic disorders through modulating physiological and physical response using physical agents, activities and devices including exercises, mobilisation, manipulations, therapeutic, ultrasound, electrical and thermal agents and electrotherapy for diagnosis, treatment and prevention;

(j) "Prescribed" means prescribed by rules made under this Act;

(k) "President" means the President of the Council;

(I) "Profession" means the profession of occupational or physiotherapy, as the case may be;

(m) "recognised institution" means an institution specified in Schedule I which grants qualifications in occupational therapy or, as the case may be, an institution specified in Schedule II which grants qualification in physiotherapy;

(n) "recognized occupational therapy qualification" or "recognized physiotherapy qualification" means qualification in occupational therapy or physiotherapy, as the case may be, obtained from recognized institution of Occupational therapy or Physiotherapy registered in Schedule I or Schedule II, respectively;

(o) "Register" means the Register of Occupational Therapists or Physiotherapists, as the case may be, prepared and maintained by the Council under this Act;

(p) "registered practitioner" means an occupational therapist or physiotherapists, as the case may be, whose name is entered and continues to remain on the register of the Council;

(q) "Registrar" means the Registrar of the Council appointed under section 14;

(r) "regulations" means the regulations made by the Council under section 40;

(s) "Rules" means rules made under this Act;

(t) "Schedule" means Schedule I regarding Occupational Therapy or Schedule II regarding Physiotherapy appended to this Act;

(u) "State" means the State of Maharashtra;

(v) "Vice-President" means the Vice-President of the Council.

Chapter II

Constitution of the Council

(a) The Director of Medical Education and Research, ex-officio member.

(b) Two members from occupational therapists to be elected from amongst the registered practitioners in the Register of Occupational Therapists.

(c) Four members from physiotherapists to be elected from amongst the registered practitioners enrolled in the Register of Physiotherapists:

(d) One occupational therapist from the recognized teaching institutions in the State, to be nominated by the Government.

(e) One physiotherapist from the recognized teaching institutions in the State, to be nominated by the Government.

(f) One person from the field of Occupational Therapy and one person from the field of Physiotherapy to be nominated by the Government.

(g) Registrar appointed under section 14 shall be the Member-Secretary.

(a) he is, or becomes of, unsound mind and stands so declared by a competent court; or

(b) he is, or has been convicted of any offence involving moral turpitude, which, in the opinion of the Government renders him unfit to be a member of the Council; or

(c) he is, or at any time has been, adjudicated as an undischarged insolvent; or

(d) his name has been removed from the register and has not been re-entered therein; or

(e) he is a whole-time. officer or servant of the Council.

(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.

(a) The President of the Council.

(b) The two Vice-Presidents of the Council.

(c) Two members of the Council, one representing Occupational Therapists and another representing Physiotherapists nominated by the President of the Council.

(d) The Director of Medical Education and Research.

(a) fees received from the practitioners;

(b) grants received from the State Government, if any; and

(c) any other sums received by the Council.

(a) salaries and allowances of the Registrar and the staff maintained by the Council;

(b) fees and allowances paid to the members of the Council and the Executive Committee;

(c) remuneration paid to the assessors; and

(d) such other expenses as are necessary for performing duties and discharging the functions under this Act.

Chapter III

Functions of the Council

(a) to determine and co-ordinate the standards of occupational therapy and physiotherapy education at all levels;

(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;

(c) to maintain the registers, and to provide for the registration of occupational therapists and physiotherapists in 'the State;

(d) to prescribe a code of ethics for regulating the professional conduct of practitioners in occupational therapy or physiotherapy;

(e) to advise the Government in matters relating to the requirement to manpower in the field of occupational therapy and physiotherapy;

(f) to hear and decide appeals from any decision of the Registrar;

(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

(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.

(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 recognized occupational therapy or physiotherapy qualification; or

(ii) increase its admission capacity in any course of study or training (including a post-graduate course of study or training),

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 of training.

(b) On receipt of such application the State Government shall, refer the scheme to the Council for its recommendations.

(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 sub­section (5), and submit the scheme together with its recommendations thereon to the State Government.

(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 recognized occupational therapy or physiotherapy qualification, as the case may be;

(e) whether necessary arrangements 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.

(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 recognized qualification:

(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, recognized 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 an occupational therapy or physiotherapy teacher in any hospital or institution in India where such hospital or institution is recognized 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:

(a) the courses of study, training and examinations to be undergone to obtain a recognized 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;

Chapter IV

Preparation and Maintenance of Register

(a) issue a letter of warning to such practitioner, or

(b) direct the name of such practitioner,-

(i) to be removed from the register for such period as may be specified in the direction; or

(ii) to be removed from the register permanently.

(i) the conviction of a registered practitioner by a criminal court for an offence which involves moral turpitude: or

(ii) the conviction under the Army Act, 1950, of a registered practitioner subject to military law for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973; or

(iii) any conduct which, in the opinion of the Council, is in famous in relation to the medical profession particularly under any Code of Ethics prescribed by the Council constituted under this Act, in this behalf.

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents; and

(c) issuing of commissions for the examination of witnesses.

(i) an Advocate enrolled under the Advocates Act, 1961; or

(ii) an Attorney of a High Court.

(b) Any assessor under this sub-section may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

(a) hold office as occupational therapist or physiotherapist or any other office (by whatever designation called) in the State Government or in any institution maintained by a local or other authority;

(b) practice occupational therapy or physiotherapy as the case may be, anywhere in the State of Maharashtra and recover in respect of such practice any expenses or fees to which he may be entitled;

(c) be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by an occupational therapist or physiotherapist, as the case may be.

(d) be entitled to give any evidence at any inquest or in any Court as an expert under the Indian Evidence Act, 1872, on any matter relating to the occupational therapy or physiotherapy as the case may be.

Chapter V

Offences and Penalty

(a) for the first offence, with imprisonment for a term which may extend to three years and with fine which shall not be less than ten thousand rupees but which may extend to twenty-five thousand rupees; and

(b) for a second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees:

Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed.

(a) for the first offence, with imprisonment for a term which may extend to three years and with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees; and

(b) for a second or subsequent offence, with imprisonment for a, term which may extend to ten years and with fine which may extend to twenty-five thousand rupees:

Provided that, when the contravention is continued after the order of conviction, a further fine which may extend to five hundred rupees, for each day of continuation of such contravention, may be imposed.

(a) for a first offence, with fine which may extend to five thousand rupees; and

(b) for a subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees, or with both.

Chapter VI

Miscellaneous

(a) all the members of the Council shall, notwithstanding that that their term of office had not expired on the date of supersession, vacate their officers;

(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.

(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.

(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 recognized 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 examinations, qualifications 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.

Schedule I

(See Section 17)

Schedule II

(See Section 17)