 bill  no 130 of  2018 the national council of professional social work practitioners bill, 2018 by prof richard hay,  mp a billto provide for the constitution of a national council of professional social workpractitioners for the coordination, development and regulation of professional            social work practice in india and for matters connected                            therewith or incidental                                    theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—practitioners act, 2018short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act unless the context otherwise requires,—(a) "chairperson" means the chairperson of the national council or the state council, as the case may be;5(b) "ex-officio member" means the seven members nominated by the central government under section 3;(c) "national council" means the national council of professional social work practitioners constituted under section 3;(d) "post graduate social work teacher" means a qualified professional social work teacher teaching at post graduate level;10(e) "prescribed" means prescribed by regulations made under this act; (f) "professional social work practitioner" means a person who is a social work degree holder and whose name has been entered in the register maintained under section 6;(g) "member" means a member appointed under this act;15(h) "member-secretary" means member secretary of the national council or the state council, as the case may be;(i) "recognized institution" means an institution recognized by the national council under this act;20(j) "register" means register of professional social work practitioners maintained by each state council under section 6;(k) "regulation" means regulation made under this act; (l) "social work degree holder" means a person who has obtained a prescribed degree in social work from any of the recognized university or institution in india or abroad;25(m) "state council" means state council of professional social work practitioners constituted under section 5; and(n) "vice-chairperson" means the vice-chairperson of the national council or the state council, as the case may be303 (1) the central government shall, by notification in the official gazette, constitute a national council to be known as the national council for professional social work practitioners for carrying out the purposes of this act(2) the national council shall consist of—constitution of national council for professional social work practitioners(a) a chairperson; (b) a vice-chairperson;35(c) a member-secretary; and (d) seven persons as ex-officio-members'to be appointed by the central government in such manner as may be prescribed:40provided that the chairperson, vice-chairperson and member-secretary except the ex-officio members shall be a professional social work practitioner registered under section 6:provided further that twenty per cent of the members of the national council shall be post graduate social work teachers with not less than ten years of teaching experience(3) the national council shall have its headquarters at such place as may be notified by the central government in such manner as may be prescribed(4) the term of office of the chairperson, vice-chairperson, member-secretary and ex-officio members shall be for five years and they shall also be eligible for reappointment:provided that no person shall be elected for more than two consecutive terms5(5) the central government shall appoint such number of officers and staff to the national council as it deem necessary for carrying out functions assigned to it under this act(6) the salary and allowances payable to and other terms and conditions of service of chairperson, vice-chairperson, member-secretary, ex-officio members and officers and staff of the national council shall be such as may be prescribed10(7) any casual vacancy in the national council shall be filled in accordance with the provisions of this act and the person so appointed shall hold office only for the remaining term for which the member in whose place he has been appointed may have held officeincorporation of national council154 the national council shall be a body corporate by the name of national council for professional social work having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sued5 (1) the state government shall, by notification in the official gazette, constitute a state council each to be known as the state council for professional social work practitioners for carrying out the purposes of this act20(2) the state council shall consist of—constitution of state councils for professional social work practitioners(a) a chairperson; (b) a vice-chairperson;(c) a member-secretary; and (d) four persons as ex-officio-members,25to be appointed by the state government concerned in such manner as may beprescribed:provided that the chairperson, vice-chairperson and member-secretary except the ex-officio members shall be a professional social work practitioner registered under section 630(3) the state council shall have its headquarters at such place as may be notified by the state governments concerned in such manner as may be prescribed(4) the term of office of the chairperson, vice-chairperson, member-secretary and ex-officio members shall be for five years and they shall also be eligible for reappointment:provided that no person shall be elected for more than two consecutive terms35(5) the state government concerned shall appoint such number of officers and staff to the state council as it deem necessary for carrying out functions assigned to it under this act40(6) the salary and allowances payable to and other terms and conditions of service of chairperson, vice-chairperson, member-secretary, ex-officio members and officers and staff of the state council shall be such as may be prescribed6 (1) the state government shall cause to be maintained a register to be known as the register of professional social work practitioners practicing social work within their jurisdiction in such form and manner as may be prescribedregister of professional social work practitioners(2) every professional social work practitioner shall register himself in the register maintained under sub-section (1) in such manner as may be prescribed45(3) the register maintained under sub-section (1) shall contain such details of the professional social work practitioners as may be prescribed(4) the state governments shall forward a copy every year of the register maintained under sub-section (1) to the central government for recordincorporation of state councils57 the state social work council shall be a body corporate by the name of state socialwork council having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall by the said name sue and be sueddisqualification8 no person shall be registered as member of a national council or a state council ifhe—(a) does not possess the prescribed degree in social work;10(b) is, or becomes person of unsound mind; (c) is or has been convicted for any offence by the court of law involving moralturpitude;(d) is or at any time has been adjudicated as insolvent; (e) is declared by court of law to be otherwise incompetent;15(f) is proved to have violated the code of ethics, rules, regulations and guidelines of the national council9 (1) the national council or the state council, as the case may be, shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum) as may be prescribed:meetings of the national council and the state council20provided that the council (national or state) shall meet at least twice every year(2) the chairperson, and in the absence of the chairperson, the vice-chairperson, and in the absence of both member-secretary shall preside over the meeting of the council (national or state):25provided that in absence of the chairperson, vice-chairperson and member-secretary, any member agreed to by the members of the council shall preside over the meeting(3) every decision of the council (national or state) shall be taken by a majority of votes of the members present and voting and in the event of any equality of votes, the person presiding the meeting shall have a second and casting vote3010 (1) the national council and the state council shall constitute an executive committee, a disciplinary committee and such other committees as that council deems necessary to carry out the purposes of this actconstitution of executive, disciplinary and other committees(2) the constitution, function, powers and terms and conditions of the committeesand its members shall be such as may be prescribed11 the national council shall—functions of the national council35(a) safeguard the rights, privileges and interest of professional social workers registered with the council;(b) draw up a code of ethics and code of conduct for social work professional and mechanism for their enforcement;40(c) prepare, maintain and implement professional standards for social work practices in india;(d) establish and lay down the procedure to be followed by disciplinary committee constituted under section 9;(e) exercise general supervision and control over state councils; (f) act as a nodal agency for social work in india; (g) facilitate networking among social work professionals at the micro and macro levels to work towards development of both at individual level and at the community level;(h) assess the professional social work human power needs in the country including identification of positions to be filled by social work professionals only;5(i) promote social work education and practice and lay standards of sucheducation and practice in consultation with the universities in india and state boards of education imparting such education and state councils;10(j) recognize universities and institutions whose course shall be qualificationfor registering as a professional social work practitioner and for that purpose to visit and inspect universities and institutions;(k) coordinate and interact with international social work bodies, universities,united nations agencies and other developmental agencies in the area of social work and related areas;15(l) recognize basic foreign qualifications in social work obtained outside indiafor the purpose of admission as a professional social worker;(m) undertake scientific studies, researches, consultation, workshops,publications relating to various fields of social work education, training and practice and disseminate results thereof;20(n) promote interact between professional social work and allied disciplines orprofessions in the area of teaching, training, workshops, research, extension, publication, dissemination of knowledge, skills and practice;(o) manage the funds of the council; (p) provide for election of its members; and25(q) perform all other functions conferred on it for improving and promotingsocial work practice by or under this act12 the state council shall,—functions of the state council(a) function as the state unit of the national council;30(b) register persons as social workers on its register and issue registration certificate thereto;(c) maintain a register of professional social work practitioners as mentionedunder section 6;(d) constitute disciplinary committees;35(e) entertain and determine cases of misconduct against professional socialworkers;(f) safeguard the rights, privileges and interests of professional social workers registered with it;(g) manage and invest funds of council; and (h) perform all other functions conferred on it by or under this act40right to practice13 subject to the conditions and restrictions prescribed under this act every personwhose name is for the time being registered on the register of any state council shall be entitled according to his qualifications to practice social work in any part of india and recover in due course in respect of such practice any expenses, charges to which he is entitled toright of persons registered as professional social worker51 of 18721014 no person other than persons registered as professional soical work practitionershall:(a) practice professional social work in india; (b) hold office which has been identified for professional social workers as itinvolves discharging social work;(c) be entitled to give evidence at any court of law, tribunal or authority empoweredto take evidence on oath as an expert under section 45 of the indian evidence act, 1872 on any matter related to social work;(d) be entitled to sign or authenticate certificates required by law to be signed orauthenticated by a duly qualified social workerdisciplinary committees15 (1) the state disciplinary committee constituted under section 10 shall, either suomoto or on receipt of a complaint, hear the cases of misconduct of professional social workpractitioners registered with that state council15(2) the state disciplinary committee shall suggest appropriate action including the action for removing the name of person from the register(3) any person aggrieved by the decision of the state disciplinary committee may appeal to the national disciplinary committee constituted under section 1020(4) the state disciplinary committee or the national disciplinary committee, as the case may be, shall follow the principle of natural justice while hearing cases or appeals in cases of misconductfunds of the national and state council2516 (1) the national or state council shall, as the case may be, by notification in the official gazette, constitute a fund to which shall be credited any grants, donations, gifts, or benefactions from government, public undertakings, national and international bodies or agencies, corporations, universities, boards, trusts, societies, companies and banking institutions(2) all receipts of the council (national or state) shall be credited to the fund and all payments by the councils shall be made therefrom(3) all funds shall be received only through bank accounts opened in nationalized banks3017 every professionals social work practitioner for his registration in the register andinstitutions for its recognition under this act shall be charged an appropriate fee as may be prescribedfee forregistrationrecognition of institutions accounts and audits3518 (1) the council (national or state) shall prepare, in such form and in such time eachyear as may be prescribed, a budget in respect of the financial year ensuing showing the estimated receipts and expenditure(2) every council (national or state) shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed18 of 201340(3) the accounts of council (national or state) shall be audited by auditors dulyqualified to act as auditors of companies under the companies act, 2013, at such times and in such manner as may be prescribedannual report4519 the council (national or state) shall prepare and submit an annual report, in suchform in such manner and at such time as may be prescribed, giving a true and full account of its activities during the previous year to the central government or the state government, as the case may be, who shall cause the report to be laid before both the houses of parliament or state legislature, as the case may beprotection of action taken in good faith20 no suit, prosecution or other legal proceeding shall lie against the chairperson,vice-chairperson, member-secretary and ex-officio members of the councils (national or state) or members of committees constituted by the councils under section 10 or officer of the council for anything done in good faith or intention under this act21 (1) the national council may, with the previous sanction of the central government, make regulations generally for carrying out the purposes of this actpower to make regulation(2) in particular without prejudice to the generality of this power, such regulations may provide for all or any of the following matter namely:—5(a) the manner of appointment of the chairperson, member-secretary and othermembers of the council;(b) the powers and duties of chairperson, vice-chairperson, member-secretaryand other members of the council;10(c) the terms and conditions of office of chairperson, vice-chairperson, membersecretary and other members of the council;(d) the constitution of committees of the council; (e) the staff requirements of the councils and the terms and conditions of serviceof such staff;(f) the management of funds and property of the state social work councils andmaintenance of audit and of its accounts;15(g) the form of annual reports; (h) the procedure of elections; (i) the manner, quorum and the procedure of meetings of the councils; (j) the appointment of ex officio members; and20(k) such other matter as it deem necessary for carrying out the purposes of thisact25 30(3) every regulation made under this act shall be laid, as soon as may be after it is made, before each house of  parliament , 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 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the regulation shall thereafter 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 under that regulation statement of objects and reasonssocial work education was started in india in the year 1936 at the tata institute of social sciences, mumbai within the eighty or so years it has spread over to hundreds of colleges all over the india lakhs of social work professionals are practicing as counselors, medical social workers, psychiatric social workers, programme officers, project coordinators, researches, social work teachers and so on in various fields it is a profession providing individual care and services to the people that demands the principle of confidentiality, individualization, acceptance and nonjudgemental attitude it can be ensurred only through a professional code of ethics, which can be realized by a national professional social work council in india, so far no legislation has been enacted in this regard social work being a professional service invariably demands union legislation at the earliesta legislation to ensure the rights of the stakeholders, protecting the evidence based practice as well as the rights, accountability and responsibilities of the service providers and service users as well are the need of the hourdeveloped nations like the usa, canada, uk and australia have their professional council constituted to regulate the practice of professional social work in their respective fieldthe bill, therefore, with a view to regulate, coordinate and develop professional social work practice in the country provides for—(a) constitution of a national professional social work practitioner council and state professional social work practitioner councils;(b) formulation of a code of ethics for the practice of professional social work in india;(c) registration of professional social work practitioner;(d) regulation of professional social work education and institutions offering courses in professional social work;(e) licensing and regulation of the institutions practicing professional social work; and(f) conferring certain rights on professional social work practitionershence this bill financial memorandumcluase 3 of the bill provides for constitution of the national professional social work practitioner council it also provides for appointment of chairperson, vice-chairperson, member-secretary and ex-officio members to the council clause 5 provides for constitution of the state professional social work practitioner council clause 6 provides for maintenance of a register of professional social work  practitioners clause 10 provides for constitution of  executive committee and disciplinary committees by the national council and the state council clause 16 provides for the constitution   of fund by the national council and the state council the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees thirty crores would involve as a recurring expenditure per annum from the consolidated fund of indiaa non-recurring  expenditure of about rupees twenty crores is also likely to be involved memorandum regarding delegated legislationclause 21 of the bill empowers the national counsil to make regulations for carrying out the purposes of the bill as the regulations will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a national council of professional social work practitioners for the coordination, development and regulation of professional social work practice in india and for matters connected therewith or incidental thereto————(prof richard hay, mp)mgipmrnd—814ls(s3)—24-07-2018