FUNCTIONS OF THE COUNCILCentral

Section 27 of The Rehabilitation Council of India Act, 1992

The Chairperson, members, Member-Secretary, officers and other employees of the Council shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule and regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Summary

Certain people associated with the Council are granted a special legal status.
They are legally considered "public servants".
This status applies to the Chairperson, members, the Member-Secretary, officers, and other employees of the Council.
They only hold this public servant status while they are actually performing, or trying to perform, their duties under the Act, its rules, or its regulations.
The definition of a public servant for this purpose comes directly from section 21 of the Indian Penal Code of 1860.

Practical examples

1Ramesh is an officer employed by the Council to handle registration files. While at work reviewing files, he is legally a public servant. If someone attempts to bribe him to approve a fake certificate, the person will be charged under the strict criminal laws that apply to bribing public servants.

2Gita is an appointed member of the Council. While attending a weekend private family gathering not related to her duties, she is not acting under the Act, so the special protections and liabilities of a public servant do not apply to her personal actions there.

FAQ

1. Are registered rehabilitation professionals considered public servants under this Act?

No. Merely being registered to practice does not make someone a public servant. It only applies to the Chairperson, members, Member-Secretary, officers, and employees of the Council.

2. Does this mean Council employees are part of the regular civil service?

Not necessarily. The law "deems" them to be public servants specifically so that certain sections of the Indian Penal Code (like anti-corruption laws) apply to them while they perform their duties.

3. When exactly is a Council employee considered a public servant?

Only while they are acting, or intending to act, in accordance with the provisions, rules, or regulations of the Act.

Test yourself

Q1.Under Section 27 of The Rehabilitation Council of India Act, 1992, which external law provides the definition of "public servant" for the purpose of this section?

Q2.Under Section 27 of The Rehabilitation Council of India Act, 1992, when does the Chairperson possess the status of a public servant?

Q3.Under Section 27 and Section 21 of The Rehabilitation Council of India Act, 1992, how does a person's status as a "public servant" relate to the professional code of ethics?

Q4.Under Section 27 of The Rehabilitation Council of India Act, 1992, which of the following individuals is NOT designated as a public servant?

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