GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. II OF 2004.

THE  MAHARASHTRA  STATE  COUNCIL  FOR
OCCUPATIONAL  THERAPHY  AND
PHYSIOTHERAPHY  ACT,  2002.

(As modified up to the 8th May 2013)

h

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PUNE  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND
STATIONERY,  MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

[  Price—Rs.  15/-  ]

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. II OF 2004.

THE  MAHARASHTRA  STATE  COUNCIL  FOR
OCCUPATIONAL  THERAPHY  AND
PHYSIOTHERAPHY  ACT,  2002.

(As modified up to the 8th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,
PUNE  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND
STATIONERY,  MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

THE MAHARASHTRA STATE COUNCIL FOR OCCUPATIONAL
THERAPY AND PHYSIOTHERAPY ACT,  2002.
–––––––––––

(i)

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER I

PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

CONSTITUTION OF THE COUNCIL.

3. Constitution and incorporation of a Council.

4. Term of office.

5.

 Casual vacancies.

6. Resignation.

7. Disqualification.

8. Meetings of Council.

9. Proceedings of meetings.

10. Executive Committee and other Committees.

11. Equivalence and Registration Committee.

12. Fees  and  allowances  to  members  of  Council,  Executive  Committee  and

Equivalence and Registration Committee.

13.

Income and Expenditure of Council.

14. Appointment of Registrar, his duties and functions.

15. Other employees of Council.

CHAPTER III

FUNCTIONS OF THE COUNCIL.

16. Powers, duties and functions of Council.
17. Permission for establishment of new institutions, new course of study, etc.
18. Non-recognition of qualifications in certain cases.
19. Time for seeking permission for certain existing institutions.
20. Recognition of qualifications granted by Universities, etc., in India or abroad

for occupational therapy or physiotherapy professionals.

21. Effect of recognition.
22. Power  to  require  information  as  to  courses  of  study  and  training  and

examination.

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Maharashtra State Council for Occupational Theraphy and
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[2004 : Mah. II

23.

Inspector.

24. Withdrawal of recognition.

25. Professional conduct.

26.

Information to be furnished.

CHAPTER IV

PREPARATION AND MAINTENANCE OF REGISTER.

27. Preparation of Register.

28. Removal of names from Register.

29. Appeal against order of removal of names from the register.

30. Rights and privileges of the registered members.

30-A.Established practitioners to be allowed to continue to practice traditional

profession of bone-setting and treatment by massage.

CHAPTER V

OFFENCES AND PENALTY.

31. Conferring,  granting  or  issuing  post-graduate  diploma,  licence,  etc.  by

unauthorised persons or institution.

32. Penalty for act in contravention of provisions of section 31.

33. Cognizance of offences.

34. Misuse of title.

35. Failure to surrender certificate of registration.

CHAPTER VI

MISCELLANEOUS.

36. Directions by Government.

37. Power to supersede Council.

38. Protection of action taken in good faith.

39. Power to make rules.

40. Power to make regulations.

41. Power to remove difficulties.

SCHEDULE I.

SCHEDULE II.

2004 : Mah. II]

MAHARASHTRA ACT No. II OF 2004.1
 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.
[THE MAHARASHTRA STATE COUNCIL FOR
OCCUPATIONAL THERAPY AND PHYSIOTHERAPY
ACT, 2002.]

 1

(This Act received the assent of the Governor on the 7th January 2004; assent
was  first published in the Maharashtra Government Gazette, on the 12th January
2004.)

Amended by Mah. 42 of 2005 (4-10-2008)2

An Act to provide for the constitution of the Maharashtra State Council
for  Occupational  Therapy  and  Physiotherapy  for  the  purpose  of
co-ordination  and  determination  of  standards  of  education  in  the
field  of  Occupational  Therapy  and  Physiotherapy  and  for  the
maintenance  of  a  Register  of  Occupational  Therapists  and
Physiotherapists  for  the  State  of  Maharashtra  and  for  matters
connected therewith or incidental thereto.

WHEREAS, it is expedient to provide for the constitution of the Maharashtra
State Council for Occupational Therapy and Physiotherapy and for the purpose
of co-ordination and for determination of standards of education in the field of
Occupational Therapy and Physiotherapy and for the maintenance of a Register
of Occupational Therapists and Physiotherapists for the State of Maharashtra
and for matters connected therewith or incidental thereto ; it is hereby enacted
in the Fifty-third Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY.

Short  title,
extent  and
commence-
ment.

1. (1)  This Act may be called the Maharashtra State Council for Occupational

Therapy and Physiotherapy Act, 2002.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such*3 date as the State Government may,

by notification in the Official Gazette, appoint:

Provided that, different dates may be appointed for different provisions of this
Act; and reference in any such provisions to the date of commencement of this
Act shall be construed as a reference to the date of coming into force of those
provisions.

Definitions.

2. In this Act, unless the context requires otherwise,—

(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;

1 For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  Extra-

ordinary, Part-V-A, dated the 23rd April 2002, at page 142.

2 This  indicated  the  date  of  commencement  of  the  Act.

*3 4th October 2008, vide G.N., M.E.D.D, No. MIS. 2008/6/C.R. 2/2008/Act, dated 4th October 2008.

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

(c)  “Government”  or  “State  Government”  means  the  Government  of

Maharashtra;

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

2[(d-1)  “List”  means  the  List  of  the  Enlisted  practitioners  published  and

maintained by the Council under sub-section (2) of section 30 A;]

(e) “member” means a member of the Council;

(f) “Occupational therapist” means a person who possesses occupational therapy
qualification obtained from a recognised institution specified in Schedule I and
whose name has been enrolled in the Register of Occupational Therapists;

(g) “occupational therapy” means a branch of health care system which involves
application of purposeful goal-oriented activity through latest technology 3* * in
the evaluation diagnosis or treatment of a persons 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 recognised 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 psysiological and physical response using physical agents, activities
and  devices  including  exercises,  mobilisation,  manipulations,  therapeutic

1 Clause (b-1) was inserted by Mah. 42 of 2005, s. 2(a).

2 Clause  (d-1)  was  inserted,  ibid.  s.  2(b).

3 The  words  “with  computerised  system  and  the  like”  were  deleted,  ibid.  s.  2(c).

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 Maharashtra State Council for Occupational Theraphy and
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 3

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;
(l) “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) “recognised occupational therapy qualification” or “recognised physiotherapy
qualification” means qualification in occupational therapy or physiotherapy, as
the case may be, obtained from recognised 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 physiotherapist,
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.

Constitution
and
incorporation
of  a
Council.

3. (1) The State Government may, by notification in the Official Gazette, as
soon as may be, after the commencement of this Act, constitute a Council to be
called the Maharashtra Council for Occupational Therapy and Physiotherapy.

(2) The Council constituted under sub-section (1), shall be a body corporate
having perpetual succession and a common seal, with powers to acquire, hold or
dispose of property, both movable and immovable, and to contract, and may sue
or be sued by its corporate name.

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(3) The Council shall consist of the following members, namely :–––

(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 enrolled in the Register of Occupational Therapists.

(c) Four members from physiotherapists to be elected from amongst the

registered practitioners enrolled in the Register of Physiotheropists:

Provided that, the election of the members referred to in clauses (b) and (c)
shall be held at such time and at such place and in such manner as may be
prescribed:

1[Provided  further  that,  the  first  election  for  the  election  of  the  members
referred to in clauses (b) and (c) shall be held within a period of two years from
the date of commencement of this Act:]

2[Provided also that], pending the preparation of the Registers in accordance
with the provisions of this Act, for holding election of those registered members
on coming into force of this Act, the members referred to in clauses (b) and (c)
may be nominated by the Government till the election and appointment of the
elected members.

(d) One occupational therapist from the recognised teaching institutions in

the State, to be nominated by the Government.

(e) One Physiotheropists from each of the recognised 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.

(4) The President shall be elected by the members of the Council from amongst

    themselves.

(5)  There  shall  be  two  Vice-Presidents,  one  representing  Occupational
Therapists  and  another  representing  physiotherapists  to  be  known  as
Vice-President  (Occupational  Therapy)  and  Vice-President  (physiotherapy),
respectively, elected by the members of the Council from amongst themselves.

1 This proviso was interted by Mah. 42 of 2005, s. 3(a).

2 These  words  were  substituted  for  the  words  “Provided  further  that”,  ibid.  s.  3(b).

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(6)  A  person  who  holds  or  who  has  held,  office  as  the  President  or
Vice-President, as the case may be, shall subject to the other provisions of this
Act, be eligible for re-election to that office.

(7) If at any election under clause (b) or (c) of sub-section (3) , the electors fail
to elect the; requisite number of members, the State Government shall nominate
such registered practitioner or practitioners as it deems fit, to fill up the vacancy
or vacancies and the practitioners so nominated shall be deemed to have been
duly elected under this section.

(8)  Where  any  dispute  arises  regarding  any  election  of  a  member  or  the
President or the Vice-Presidents, it shall be referred to the State Government,
and the decision of the State Government shall be final.

Term  of
office.

4. (1) The Government shall, by notification in the Official Gazette, publish

the names of the members, both elected and nominated.

(2)  Save  as  otherwise  provided  by  this  Act,  a  member  whether  elected  or
nominated, shall hold office for a term of five years from the date of publication
of the notification under sub-section (1).

(3) Save as otherwise provided by this Act, the President and Vice-Presidents
shall hold the office from the date of their election, till the day on which their
term of office as members expires

(4) The term of office of an outgoing member shall, notwithstanding anything
contained in sub-section (2), be deemed to extend to and expire with, the day
immediately preceding the day on which the names of the successor members
are published under sub-section (1).

(5)  The  term  of  office  of  an  outgoing  President  or  Vice-Presidents  shall,
notwithstanding anything contained in sub-section (3), be deemed to extend to
and expire with, the day immediately preceding the day on which the successor
President or Vice-Presidents, as the case may be, is elected.

(6) An outgoing member shall be eligible for re-election or re-nomination.

(7)  Leave  of  absence  may  be  granted  by  the  Council  to  any  member  for  a

period not exceeding six months.

Casual
vacancies.

5. (1) Any casual vacancy, before the expiry of the term of the office of the
President or the Vice-Presidents or of a member elected under clauses (b) and
(c)  of  sub-section  (3)  of  section  3,  caused  by  reason  of  death,  resignation,
disqualification or disability or any other reason, shall be filled by election:

Provided that, any such vacancy in the office of an elected member occurring
within six months prior to the date on which the term of office of all the members
expires, shall not be filled.

(2) Any causal vacancy, previous to the expiry of the term in the office
of  a  member  nominated  under  clauses  (d),  (e)  and  (f)  of  sub-section  (3)

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of section 3 shall be reported forthwith by the Registrar to the State Government,
and shall, as soon as possible thereafter, be filled by the State Government by
nomination.

(3) Any person elected under sub-section (1) or nominated under sub-section (2)
to fill a casual vacancy shall, notwithstanding anything contained in section 4,
hold office only so long as the person in whose place he is elected or nominated,
would have held office, if the vacancy had not occurred.

6. (1) The President or any Vice-President may, at any time, resign his office
by a notice in writing addressed to the Council and delivered to the Registrar.
The resignation shall take effect from the date on which it is accepted by the
Council.

(2) An elected member may at any time, resign his office by a notice in writing
addressed to the President. A nominated member may at any time resign his
office by a notice in writing addressed to the Government. Every such resignation
shall take effect from the date on which it is accepted by the President or, as the
case may be, the Government.

7. (1) A person shall be disqualified for being elected or nominated as, and for

continuing as, a member, if-----

(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.
(2)  If  any  member  absent  himself  from  three  consecutive  meetings  of  the
Council, without leave of the Council granted under sub-section (7) of section 4
or without such reason as may, in the opinion of the  Council, be sufficient, the
Council may declare his seat vacant and take steps to fill the vacancy.

(3) If any member becomes or is found to be subject to any of the disqualifications
mentioned in sub-section (1), the Council shall submit a report to the Government,
and the Government, if satisfied about the disqualification, shall declare his seat
vacant.

8. (1) The meetings of the Council shall be convened, held and conducted in

such manner as may be prescribed.

(2) The President, when present, shall preside at every meeting of the Council.
If at any meeting the President is absent, any of the Vice-Presidents, and in
absence of the President and the Vice-Presidents, some other member elected
by the members present from amongst themselves, shall preside at such meeting:
Provided that, the Vice-Presidents  shall preside over meeting in the absence

of the President, by rotation.

Resignation.

Disqua-
lification.

Meetings  of
Council.

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 7

(3) All questions at a meeting of the Council shall be decided by a majority of

votes.

(4) The presiding authority at a meeting of the Council shall have and exercise

a second or a casting vote, in case of an equality of votes.

(5) Eight members (including the President and Vice-Presidents) shall form a
quorum. When a quorum is required but not present, the presiding authority
shall, after waiting for not less than thirty minutes for such quorum, adjourn
the  meeting  to  such  hour  on  some  future  day  as  it  may  notify  on  the  notice
board  at  the  office  of  the  Council,  and  the  business  which  would  have  been
brought before the original meeting had there been a quorum thereat, shall be
brought before the adjourned meeting, and may be disposed of at such meeting
or any subsequent adjournment thereof, whether there be a quorum present, or not.

Proceedings
of
meetings.

9. (1) The proceedings of the discussion of every meeting of the Council shall
be treated as confidential; and no person shall, without the previous resolution
of the Council, disclose any proceedings thereof:

Provided that, nothing in this section shall be deemed to prohibit any person
from disclosing or publishing the text of any resolution adopted by the Council,
unless the Council directs such resolution also to be treated as confidential.

(2) No act or proceedings of the Council shall be invalid merely by reason of—

(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.

(3) During any vacancy in the Council, the continuing members may act, as if

no vacancy had occurred:

Provided that, the number of vacancies shall at no time exceed seven.

Executive
Committee
and  other
Committees.

10.  (1)  The  Council  shall,  as  soon  as  may  be,  constitute  from  amongst  its
members  as  provided  in  sub-section  (2),  an  Executive  Committee  and  other
Committees  for  such  general  or  special  purposes  and  for  such  tenure  as  the
Council considers necessary for carrying out its functions under this Act.

(2) The Executive Committee shall consist of the following members, namely:-

(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.

(3) The President and the Vice-Presidents of the Council shall be the Chairman

and Vice-Chairmen, respectively, of the Executive Committee.

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(4) A member of the Executive Committee shall hold office until the expiry of
his  term  of  office  as  a  member  of  the  Council  and  he  shall  be  eligible  for
re-nomination.

(5) A member may resign his membership of the Committee by writing under
his hand addressed to the President of the Committee and the vacancy shall be
filled in the same manner as provided in sub-section (2) of section 5.

(6) The Executive Committee shall exercise and discharge such powers and

duties as may be prescribed.

11.  (1)  There  shall  be  two  separate  Committees  for  the  purposes  of
recommending the recognition of degrees and diplomas granted by institutions
imparting training in Occupational Therapy and Physiotherapy and to consider
matters relating to registration of occupational therapists and physiotherapists,
respectively.  The  recommendations  of  these  committees  shall  be  subject  to
approval by the Executive Committee and the Council unless otherwise provided
in this Act.

(2) The Vice-President concerned with the subject shall be the Chairman of
each such Committee. There shall be such other members as may be nominated
by  the  President  of  the  Council  from  among  the  members  of  the  Council,
representing educationists and specialists in different branches of Occupational
Therapy or Physiotherapy, as the case may be.

12. Such fees and allowances for attendance at meetings, as prescribed from
time  to  time,  shall  be  paid  to  the  President  and  Vice-Presidents  and  other
members of the Council, and to the members of its Executive Committee, and
Equivalence and Registration Committees.

13. (1) The income of the Council shall consists of—

(a) fees received from the practitioners;

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

(c) any other sums received by the Council.

(2) It shall be competent for the Council to incur expenditure for the following

purposes, namely:--

(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;

Equivalence
and
Registration
Committee.

Fees  and
allowances
to members
of  Council,
Executive
Committee
and
Equivalence
and
Registration
Committee.

Income
and
Expenditure
of  Council.

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 Maharashtra State Council for Occupational Theraphy and
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 9

Appointment
of  Registrar,
his duties
and functions.

(c) remuneration paid to the assessors; and

(d)  such  other  expenses  as  are  necessary  for  performing  duties  and

discharging the functions under this Act.

14. (1) The Council shall, with the previous sanction of the State Government,

appoint a Registrar, possessing such qualification as may be prescribed.

(2)  The  Executive  Committee  may,  from  time  to  time,  grant  leave  to  the

Registrar:

Provided that, if the period of leave does not exceed one month, the leave

may be granted by the President.

(3) During any temporary vacancy in the office of the Registrar, due to leave
or  any  other  reason,  the  Deputy  Registrar  shall  act  as  Registrar.  In  case  of
non-availability of Registrar and Deputy Registrar, the Executive Committee
may, with the previous sanction of the Government, appoint any other person
to  act  in  his  place  and  any  person  so  appointed  shall,  for  the  period  of  such
appointment, be deemed to be the Registrar for the purposes of this Act:

Provided that, when the period of such vacancy does not exceed one month,
the appointment may be made by the President, who shall forthwith report such
appointment to the Executive Committee, and the Government.

(4) The Council may, with the previous sanction of the Government, suspend,
dismiss or remove any person appointed as the Registrar, or impose any other
penalty upon him:

Provided that, before  passing any order under this sub-section, the Registrar

shall be given reasonable opportunity of being heard by the Council.

(5) Save as otherwise provided by this Act, the salary and allowances and
other conditions of service of the Registrar shall be such as may be prescribed.

(6) The registrar shall be the ex-officio Secretary and the Executive Officer of
the Council. He shall attend all meetings of the Council, and of its Executive
Committee and Equivalence and Registration Committee and shall keep minutes
of the meetings and names of members present and of the proceedings of such
meetings.

(7) The accounts of the Council shall be kept by the registrar, in the prescribed

manner.

(8) The Registrar shall have such supervisory powers over the staff as may be
prescribed, and may perform such other duties and discharge such other functions
as may be specified in this Act, or as may be prescribed.

(9) The Registrar appointed under this section shall be deemed to be a public

servant within the meaning of section 21 of the Indian Penal Code.

45  of
1860.

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15. (1) The Council may appoint such officers and servants, other than the
Registrar, as it may deem necessary for performing its duties and discharging
its functions under this Act:

Other
employees
of Council.

45  of
1860.

Provided that, the number and designation of such officers and servants and
their salaries and allowances shall be determined by the Council, with the previous
sanction of the Government.

(2) Notwithstanding anything contained in sub-section (1), but subject to such
financial limit as may be laid down in this behalf by the Council, it shall be
competent for the Executive Committee to create temporary posts of clerks or
servants and to make appointments thereto, for such period as may be prescribed
to meet any temporary increase in work, or to carry out any work of seasonal
character.

(3) The other conditions of service of the officers and servants of the Council

shall be such as may be prescribed.

(4) Officers and servants of the Council appointed under this Act shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code.

CHAPTER-III

FUNCTIONS OF THE COUNCIL.

16.  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—

(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  of

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 with 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.

Powers,
duties  and
functions  of
Council.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 11

Permission
for
establishment
of  new
institutions,
new  course
of  study,  etc.

17. (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 post-graduate 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 purposes 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 a 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) (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) 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)  The  State  Government  may,  after  considering  the  scheme  and
the  recomendations  of  the  Council  under  sub-section  (3),  and  after
obtaining, where necessary, such other particulars as may be considered

 12

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

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)  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.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 13

(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) 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.

Non-
recognition
of  qualific-
ations
in  certain
cases.

18.  (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) Where any institution opens a new or higher course of study or training
(including  a  post-graduate  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) 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 purpose 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.

Time for
seeking
permission
for  certain
existing
institutions.

19. (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)  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.

Recognition
of
qualifications
granted by
Universities,
etc.,  1[in  India
or  abroad]  for
occupational
therapy  or
physiotherapy
professionals.

20. (1) Any University or other institution 1[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 names of the University or institutions in the
relevant Schedule and any such notification may also direct that an entry shall

1 These words were substituted for he words “in India” by Mah. 42 of  2005, s.4.

 14

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

Effect of
recognition.

be made in the last column of the relevant Schedule against the name of such
University or institution declaring that it shall be a recognised University or
institution, as the case may be, for the purposes of this Act, only after a specified
date.

(2) The qualifications, granted by any University or other institution 1[in India
or abroad], 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.
21. (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 enrollment 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) 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 respectives 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  practise  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 enrollment under clause (a) shall be permitted
unless  the  Council  satisfies  itself  that  such  person  possesses  the  requisite
knowledge  and  skill  to  practise  occupational  therapy  or  physiotherapy  by
conducting  a  screening  test  or  such  other  test  or  examination  as  may  be
prescribed.

1 These words were substituted for the words “in India” by Mah. 42 of 2005, s.4.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 15

Power  to
require
information
as  to
courses  of
study  and
training
and
examination.

Inspector.

Withdrawal
of
recognition.

22. 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 examinations to be undergone in order
to obtain such qualification, and generally as to the requisites for obtaining such
qualification.

23. (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 any recoginsed qualification or recognised higher qualification.

(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) 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.

24. (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 examinations;

(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)  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

 16

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

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.

25. (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.

Professional
conduct.

(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) 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) 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) 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.

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

Information
to  be
furnished.

CHAPTER IV.

PREPARATION  AND  MAINTENANCE  OF  REGISTER.

27. (1) As soon as may be after the appointed day, the Registrar shall prepare
and maintain thereafter a register of occupational therapists and physiotherapists
in the State of Maharashtra in accordance with the provisions of this Act.

Preparation
of
register.

(2) The register shall be in such form, and may be divided into such parts, as
may be prescribed. The register shall include the full name, address, date of
birth  and  the  qualifications  of  the  registered  occupational  therapist  and
physiotherapists, the date on which each qualification was obtained, and such
other particulars as may be prescribed.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 17

(3) Any person who possesses the qualifications from the institutions specified
in the Schedules and desires to continue his practise as occupational therapist
or physiotherapist shall, on an application made in the prescribed Form to the
Registrar and on payment of a fee of rupees one thousand to the Council and on
presentation of his degree, diploma, licence or certificate, be entitled to have his
name entered in the register for a period of five years from the date on which
his name is entered in the register.

(4) Every registered practitioner shall, on an application made in the prescribed
Form to the Registrar and on payment of a fee of rupees five hundred to the
Council be entitled to have his registration renewed for a further period of five
years from the date on which his registration is issued or as the case may be
renewed:

Provided that, every renewal application shall be made at least three months

before the expiry of the registration:

Provided further that, the application for renewal of registration made within
a period of one month after the date of expiry of the registration may be renewed
after charging additional late fee of rupees two hundred. The applications for
renewal of registration received after one month from the date of expiry of the
registration shall be treated as a fresh application under sub-section (3).

(5) Every registered practitioner shall be given a certificate of registration or
renewal of registration in the prescribed Form. The registered practitioner shall
display the certificate of registration or renewal of registration in a conspicuous
place in his dispensary, clinic or place of practise, and if he has more than one
such place in any of them.

(6) Where it is shown to the satisfaction of the Registrar that a certificate of
registration or renewal or registration has been defaced, lost or destroyed, the
Registrar may, on payment of rupees five hundred, issue a duplicate certificate
in such Form as may be prescribed.

Removal
of
names
from
Register.

28. (1) If a registered practitioner has been, after due inquiry held by the
Council or by the Executive Committee in the prescribed manner, found guilty
of any misconduct, the Council may,—

(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.

Explanation.—For the purposes of this section, “misconduct” shall mean—

(i) the conviction of a registered practitioner by a criminal court for an

offence which involves moral turpitude, or

 18

46  of
1950.

2  of
1974.

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

(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 infamous in relation
to the medical profession particularly under any Code of  Ethics prescribed by
the Council constituted under this Act, in this behalf.

(2) In holding any inquiry under sub-section (1), the Council or the Executive
Committee, as the case may be, shall have the same powers as are vested in
Civil Courts under the Code of Civil Procedure, 1908, when trying a suit, in
respect of the following matters, namely :-

5  of
1908.

(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.

45  of
1860.

(3) All inquiries under this section shall be deemed to be judicial proceedings

within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

(4) (a) For the purpose of advising the Council or the Executive Committee, as
the case may be, on any question of  law arising in any inquiry under this section,
there may in all such enquiries, be an assessor, who has been for not less than
ten years—

25 of 1961.

(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 enquires, and shall be paid the
prescribed remuneration.

29. (1) Where the name of any person has been removed from the Register on
the ground of professional misconduct or any other ground 1[or his application
for enlistment under sub-section (2) of section 30 A has been rejected,] he may
appeal to the State Government in the prescribed manner with the prescribed
fee, whose decision thereon shall be final.

Appeal
against
order  of
removal
of
names
from
the
register.

(2) No appeal under sub-section (1) shall be admitted if it is preferred after the

expiry of a period of thirty days from the date of the order:

Provided that, an appeal may be admitted after the expiry of the said period of
thirty days, if the applicant satisfies the Government that he had sufficient cause
for not preferring the appeal within the said period.

1 These words were substituted for the words “except that he is not possessed of the requisite

occupational  therapy  and  physiotherapy  qualifications”,  by  Mah.  42  of  2005,  s.5.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 19

Rights
and
privileges
of  the
registered
members.

Established
practitioners
to be to
allowed
continue
to
practice
traditional
profession
of  bone-
setting
and
treatment
by
massage.

30. No person, other than a registered practitioner shall,—

(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) practise 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.

I of
1872.

Mah.
XLII of
2005.

1[30-A.  (1)  Notwithstanding  anything  contained  in  this  Act,  a  traditional
practitioner who has continuously and uninterruptedly at one place only, for not
less than ten years prior to the date of coming into force of the Maharashtra
State Council for Occupational Therapy and Physiotherapy (Amendment) Act,
2005 (hereinafter referred to as “the said Amendment Act”) been in the traditional
practice or profession of bone-setting or treatment by massage for cure of any
muscular pain, without administering any drugs to the patient either orally or
by any other method, and has got himself enlisted with the Council as provided
in sub-section (2), may continue to practice such profession at the same place.
(2)  (a)  A  traditional  practitioner  satisfying  the  conditions  laid  down  in
sub-section (1) desirous of continuing his traditional practice or profession may,
within six months from the date of coming into force of the said Amendment
Act, apply to the Council in the prescribed form, alongwith a fee of rupees one
thousand and proof as prescribed, of having been continuously in practice or
profession as provided in sub-section (1), at a given address in the State:

Provided that, no application for enlistment of the name shall be entertained

after the expiry of the aforesaid period.

(b)  The  Council  may,  on  receiving  such  application  within  the  time  limit
specified in clause (a), after necessary verification of the application and satisfying
itself about the genuineness of the claim of the applicant, enlist such practitioner
under this Act and publish in the List of such Enlisted practitioners in the Official
Gazette:

Provided that, any traditional practitioner whose application for enlistment
is rejected by the Council may file an appeal to the State Government as provided
under section 29:

Provided further that, if in appeal the claim of the appellant is upheld by the
appellate authority, the Council shall enlist such practitioner and include the
name  of  the  appellant  in  the  List,  by  amending  such  List  and  publish  such
amendment in the Official Gazette.].

1 Section 30 A was inserted by Mah. 42 of 2005, s. 6.

 20

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

CHAPTER V

OFFENCES AND PENALTY.

31. (1) No person other than an institution recognised or authorised under
this Act shall confer, grant or issue or hold himself out as entitled to confer,
grant or issue any degree, diploma, licence, certificate or any other like award
or which states or implies that the holder, grantee or recipient thereof is qualified
to practise the occupational therapy or physiotherapy, as the case may be.

(2) No person other than a occupational therapist or physiotherapist whose
name is entered in the register prepared and maintained under this Act shall
practise occupational therapy or physiotherapy system of medical science.

Conferring,
granting  or
issuing
post-graduate
diploma,
licence,  etc.by
unauthorised
person  or
institution.

32. (1) Any person who contravenes the provisions of sub-section (1) of section 31
and if the person so contravening is an institution; the proprietor of the institute
or the Chairperson and members of the Managing Board of the institute who,
knowingly or wilfully authorises or permits the contravention shall, on conviction,
be punished,—

Penalty  for
act  in
contravention
of provisions
of section 31.

(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.

(2) Any person who acts in contravention of the provisions of sub-section (2)

of section 31, shall, on conviction, be punished,—

(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.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 21

Cognizance
of offences.

33. (1) All offences under section 32 shall be cognizable and non-bailable.

(2) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, no Court shall take cognizance of an offence punishable under this Act
except upon a complaint, in writing, made by a person authorised in this behalf
by the Council.

2  of
1974.

Misuse  of
title.

34.  If  any  person  not  being  a  registered  practitioner  takes  or  uses  the
description of occupational therapy or physiotherapy practitioner, occupational
therapist  or  physiotherapist  or  consultant  in  occupational  therapy  or
physiotherapy  or  not  possessing  a  recognised  occupational  therapy  or
physiotherapy  qualification,  uses  a  degree  or  a  diploma  or  an  abbreviation
indicating or implying such occupational therapy or physiotherapy qualification,
shall, on conviction, be punished,—

(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.

Failure  to
surrender
certificate
of
registration.

35. If any person whose name has been removed from the register fails without
sufficient cause, forthwith to surrender his certificate of registration or renewed
certificate of registration or both, he shall, on conviction, be punished with fine
which may extend to five hundred rupees per month of such failure.

CHAPTER VI.

MISCELLANEOUS.

Directions  by
Government.

36. (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.

Power  to
supersede
Council.

(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.

37. (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 wilfully 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:

 22

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

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) 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) 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.

38. 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.

39. (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) 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 from 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.
40. (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.

Protection
of  action
taken  in
good  faith.

Power  to
make rules.

Power  to
make
regulations.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 23

(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  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.

(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.

Power  to
remove
difficulties.

41. (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 a

period of two years from the date of commencement of this Act.

(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.

 24

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

Serial Name of College/
No.
(1)

School
(2)

SCHEDULE I
(See section 17)

Name of
University
(3)

Degree/
Diploma
(4)

1 Seth G. S. Medical College,

 (1) Maharashtra University

B.O.Th.

Departmental of
Occupational Therapy,
Parel, Mumbai-400 012.

of Health
Sciences,
Nasik.

(2) Mumbai

B.Sc. (O.T.)

2 T. N. Medical College,

(1) Maharashtra University

B.O.Th.

University, Mumbai.

Departmental of
Occupational Therapy,
Mumbai Central,
Mumbai-400 008.

of Health
Sciences,
Nasik.
(2) Mumbai.

B.Sc. (O.T.)

3 Occupational Therapy,
School and Centre,
L.T.M. Medical College,
Sion, Mumbai-400 012.

4 Dr. D. Y. Patil

Pratishthan’s College of
Physiotherapy and
Occupational Therapy,
Kasba Bawda, Kolhapur.

University, Mumbai.
(1) Maharashtra University

B.O.Th.

of Health
Sciences,
Nasik.

(2) Mumbai

B.Sc. (O.T.)

University, Mumbai.
(1) Maharashtra University

B.O.Th.

of Health
Sciences,
Nasik.

5 Government Medical College, (1) Maharashtra University

B.O.Th.

Departmental of
Occupational Therapy,
Nagpur-440 001.

of Health
Sciences,
Nasik.
(2) Nagpur

B.Sc. (O.T.)

6 Physiotherapy and

Occupational Therapy
College, Aurangabad.

University, Nagpur.
(1) Maharashtra University

B.O.Th.

of Health
Sciences,
Nasik.

7 Navalbhau Pratishthan’s

(1) Maharashtra University

 B.O.Th.

College of Physiotherapy and
Occupational Therapy,
Dhule.

of Health
Sciences,
Nasik.

2004 : Mah. II]

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

 25

Serial Name of College/
No.
(1)

School
(2)

1 Seth G. S. Medical College,
Parel, Mumbai-400 012.

2 Topiwala National Medical
College, Mumbai Central,
Byculla, Mumbai-400 008.

3 Physiotherapy Teaching
and Treatment Centre,
L.T.M. Medical College,
Vir Laxmibai Kelkar Marg,
Sion, Mumbai-400 022.

SCHEDULE II
(See section 17)

Name of
University
(3)

Degree/
Diploma
(4)

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.

(2) Mumbai

B.Sc. (P.T.)

University, Mumbai.

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.

(2) Mumbai

B.Sc. (P.T.)

University, Mumbai.

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.

(2) Mumbai

B.Sc. (P.T.)

University, Mumbai.

4 Physiotherapy School

(1) Maharashtra University

B.P.Th.

and Centre, Government
Medical College, Nagpur.

of Health
Sciences, Nasik,

(2) Nagpur

B.Sc. (P.T.)

University, Nagpur.

5 V.S.P.M.’s College of

(1) Maharashtra University

B.P.Th.

Physiotherapy,
Hingna Road, Nagpur.

of Health
Sciences, Nasik.

6 Sancheti College of
Physiotherapy,
Shivaji nagar, Pune.

(2) Nagpur

B.Sc (P.T.)

University, Nagpur.

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.
(2) Pune University,

Pune.

B.Sc. (P.T.)

7 College of Physiotherapy

(1) Maharashtra University

B.P.Th.

Nigadi, Pune.

of Health
Sciences, Nasik.
(2) Pune University,

Pune.

B.Sc. (P.T.)

 26

 Maharashtra State Council for Occupational Theraphy and
Physiotherapy Act, 2002.

[2004 : Mah. II

Serial Name of College/
No.
(1)

School
(2)

SCHEDULE II
(See section 17)

Name of
University
(3)

Degree/
Diploma
(4)

8 Dr. D. Y. Patil’s

(1) Maharashtra University

B.P.Th.

Chaitanya College of
Physiotherapy,
Pimpri, Pune.

of Health
Sciences, Nasik.

9 Pravara College of
Physiotherapy,
Loni (B.K.)., Ahmednagar.

(2) Pune University,

B.Sc. (P.T.)

Pune.

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.
(2) Pune University,

Pune.

B.Sc. (P.T.)

10 Ravi Nair Physiotherapy

(1) Maharashtra University

B.P.Th.

College, Sawangi (Meghe),
Wardha.

of Health
Sciences, Nasik.

11 DYPES’S Medical College,

(1) Maharashtra University

B.P.Th.

Kasba Bawda, Kolhapur.

of Health
Sciences, Nasik.

12 Physiotherapy and

(1) Maharashtra University

B.P.Th.

Occupation Therapy
College, Aurangabad.

of Health
Sciences, Nasik.

13 Ramrao Adik Education
Society’s Dr. D. Y. Patil
College of Physiotherapy,
New Mumbai.

(1) Maharashtra University

B.P.Th.

of Health
Sciences, Nasik.

Government Photozinco Press, Pune.

