Reasons
and objects:
Education for social work began in India in the year 1936 with the
establishment of the Sir Dorabji Tata Graduate School of Social Work at Bombay
(now known as the Tata Institute of Social Sciences). Much water has flown
under the bridge since then. The number of professional social work educational
institutions in the country has multiplied manifold, albeit in an unregulated
manner. Social work which is recognized as a distinct profession in the West
and other countries of the world has failed to gain professional recognition in
India for various reasons, the primary being the absence of any regulatory body
at the national level for standardizing social work educational and practice
standards. The emerging social realities post LPG have posed fresh challenges
before the social work profession, which need to be addressed by services and
action for social change in the area of social development, welfare, empowerment
and crisis intervention. This in turn requires an army of professionally
qualified human power, with specialized knowledge and skills. The effectiveness
of social initiatives for welfare, development, empowerment and their
initiation through the process of enlisting the participation of all sections
of the society in the overall development of the country is directly linked
with the quality of human power employed in the welfare and development
institutions, both governmental and non-governmental, and also in the people-oriented
community-based social movements and services.
It is in this context, and in order to upgrade and enhance the
quality of professional education and practice, and also to make the profession
more accountable to the public, that the present Bill on the National Council
of Professional Social Work in India has been proposed.
National
Council of Professional social work in India Bill 2007
Scheme
of the Act
Chapter
No. Section Title
I PRELIMINARY
1. The Act
2. Definitions
II ESTABLISHMENT OF THE COUNCIL
3. Establishment of the council
4.
Terms of Office and Condition of Service of Members
5.
Disqualification
6.
Vacation of Office by members
7.
Executive Committee and Other Committees
8.
Pay and Allowances
III MEETINGS OF THE COUNCIL
9. Meetings
IV FUNCTION
OF THE COUNCIL
10. Functions
V RECOGNITION
AND REGISTRATION
11.
Minimum Standards of Social Work Education
12.
Information on Courses and Examinations
13.
Minimum Standards of Education for Enrolment as Professional Social worker
14.
Code of Ethics
VI POWER
TO MAKE RULES AND REGULATIONS
15.
Power to make Rules
16.
Power to make Regulations
VII FINANCE
AND REPORTS
17.
Council Fund and Budget
18.
Annual Reports
19.
Accounts and Audit
20.
Returns
VIII MISCELLANEOUS
PROVISION
21.
Delegation of Powers and Functions
A Bill to provide for the constitution of the National Council of
professional Social Work in India for the coordination and development of
professional social work education and practice and for matters connected
herewith or incidental thereto.
Be it enacted in the Parliament in the ----------------year of the
Republic of India as follows:
CHAPTER I
PRELIMINARY
The
Act
1.
(a) This Act may be called the
National Council of Professional Social Work in India Act_____________
(b) It shall come into
force on such date as the Government of India may, by notification in Official
Gazette, appoint.
2. Definitions
a)
In this Act, unless the context
otherwise requires:
i)
‘Council’ means the National
Council of Professional Social Work constituted under Section 3 of the Act.
ii)
‘Chairperson’ means the
Chairperson of the Council.
iii)
‘vice-Chairperson’ means the Vice-Chairperson of the Council.
iv)
‘Professional Social Work’ means
a form of practice which follows-established and acknowledge methods of social
work carried out by professional social workers.
v)
‘Social Work Practicum’ means
the prescribed supervised instructional component of professional social work
training through suitable field placements.
vi)
‘Social Work Professional’
means a person who has undergone prescribed courses of study and practicum in
social work and has passed the examination from a recognized institution of
social work education’ at the undergraduate and/or post-graduate level.
vii)
‘Social Work Educator’ means a
person who holds the prescribed social work qualifications and is engaged in
teaching and/ or research in a recognized institution on a part time or full
time basis.
viii)
‘Social work Practitioner’
means a person who holds the prescribed social work qualifications and is
engaged in social work practice, and/or administration.
ix)
‘Social Work Researcher’ is a
person who holds prescribed qualifications in social work and is engaged in
full time research in social work.
x)
‘Paraprofessional Social
Worker’ means a person who has undergone social work training and has a
certificate or diploma other than Bachelor’s or Master’s degree in social work.
xi)
‘Institution of social work
education’ means an institution of higher education, an affiliated college, or
a department, or a faculty of a University, or a deemed university, and
includes institutions of distance learning that provide a Bachelor’s or a
Master’s programme in social work.
xii)
‘Recognized social work
qualifications’ means any of the qualifications prescribed by the rules and
regulations.
xiii)
‘Recognized institution’ means
an institution recognized by the ‘Council’ under this Act.
xiv)
‘Register’ means the National
Register of Social Work Professionals maintained under this Act.
xv)
‘Rules’ means rules made under
this Act.
xvi)
‘Regulation’ means regulation
made under this Act.
CHAPTER II
ESTABLISHMENT OF THE COUNCIL
3. Establishment of the
Council
a) Constitution of the
Council
With
effect from such date as the Government of India may, by notification, appoint
on this behalf, there shall be constituted for the purpose of this act, a
Council to be called the National Council of Professional Social Work in India.
b) Power to acquire property
The
Council shall be a body corporate, by the aforesaid name having perpetual
succession, and a common seal, with power, subject to the provisions of the
Act, to acquire, hold and dispose off property both movable and immovable and
to contract and shall by the said name sue and be sued.
c) Composition of the Search
Committee
The Search Committee may comprise of two senior social
work educators, two senior social work practitioners and a representative of
the Government of India not below the rank of a Secretary.
4. Composition of the Council
The Council shall consist
of the following members, namely:
i)
Chairperson
The
Chairperson shall be appointed by the Government of India, from a panel of
names suggeste3d by a Search Committee, to be constituted from amongst eminent
professional social work educators and he/she shall not be an officer of the
government of India or any State Government.
ii)
Vice-Chairperson
Vice-Chairperson
shall be appointed by the Government of India, from a panel of names suggested
by the Search Committee, from amongst eminent professional social work
educators and he/she shall not be an officer of the Government of India or any
State Government.
iii)
Member-Secretary to be
appointed by the Government of India, from a panel of names suggested by the
Search Committee, from amongst eminent professional social work educators and
he/she shall not be an officer of the Government of India or any State
Government.
iv)
Members
a)
Eight social work educators by
rotation from the recognized institutions for Social Work Education from
different regions.
b)
One member each to be nominated
by the chairperson, university Grants commission and the Chairperson of
distance Education Council to represent UGC and the Distance Education Council
respectively.
c)
Two ex-officio members, not
below the rank of Joint Secretary to be nominated from among the officers of
the Central Government to represent (i) the Ministry/Department of Welfare and
(ii) the Ministry of Finance or Financial Advisor of the department concerned.
d)
Two ex-officio members to be
nominated by the Central Government not below the rank of Joint Secretary to
represent the Department of (a) Women and Child Development, (b) Labour and
Rural Development, (c) Youth, Health and Family Welfare of the Central
Government.
e)
Four members to be nominated to
represent the State Governments and Union Territories from the Departments of
Social Welfare or allied departments by rotation, to be specified by Rules.
f)
Two members to be nominated by
the National Association of Professional Social Workers in India.
g)
Four members to be nominated by
the Government of India from amongst the practicing Social Work Professionals
representing public, voluntary and corporate sectors.
h)
One member to be nominated by
the School of Social Work, IGNOU, Ministry of MHRD.
TERMS OF OFFICE AND
CONDITIONS OF SERVICE
a)
A Person appointed as
Chairperson, Vice-Chairperson, Member Secretary, or any other Member, after
commencement of this Act shall, unless he/she is disqualified for continuing as
such, under the rules that may be made under this Act, shall be subject to the
following terms of office: Will hold office for a term of three years, or until
he/she attain the age of sixty five years, whichever is earlier.
b)
Appointment of officers and
other employees of the Council.
i)
For the purpose of enabling the
Council to discharge its functions efficiently under this Act, the Council
shall, subject to such regulations as may be made in this behalf, appoint
(whether on deputation or otherwise) such number of officers and other
employees as it may consider necessary. Provided that the category of posts
equivalent to Group ‘A’ posts in the Central Government shall be subject to the
approval of the Central Government.
c)
Decision making
All
questions which come before any meeting of council shall be decided by a simple
majority of the members present and voting and in the event of any equality of
votes, the Chairperson in his/her absence, the person presiding or shall have a
casting vote.
EXECUTIVE COMMITTEE AND OTHER COMMITTEES
5.
Constitution of Executive and
other committees
a)
The Council shall constitute,
from amongst its members, an Executive Committee, and such other Committees,
for general or special purposes as the Council deems necessary to carry out the
purposes of this Act.
b)
The Executive committee shall
consist of the Chairperson and Vice-Chairperson and not less than 6 and not
more than 10members and shall be nominated by the Council from amongst and
members, two-third of whom shall be social work professionals.
c)
The Chairperson of the Council
shall be the Member-Secretary of the Executive Committee.
d)
The member-secretary of the
council shall be the Member-Secretary of the Executive Committee.
e)
The Council shall establish the
following Committees, and such others as may be necessary, to carry out the
functions assigned to it and shall, if necessary, also co-opt members other
than its own on these Committees to facilitate the work.
1.
Committee on Training and
Accreditation
2.
Committee on Policy, Planning,
Research and Evaluation.
3.
Committee on Curriculum
development and continuing Education.
4.
Committee on Social Work
Practice and Innovation
5.
Committee on code of Ethics
6.
Any other committee that the
council may decide to constitute
MEMBER-SECRETARY OF THE COUNCIL
Pay and Allowances
The
Council shall, with the previous sanction of the Government of India, fix the
allowances to be paid to the Chairperson. Vice-chairperson, Member-Secretary
and other members and determine the conditions of service by rules.
CHAPTER III
Section 9: Meetings of the Council
Meetings
i)
The Council 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
provided by regulations: Provided that the Council shall meet at least once
every year.
ii)
The Chairperson, and in the
absence of the Chairperson the Vice-Chairperson, shall preside at the meetings
of the Council.
iii)
If for any reason the Chairperson
and Vice-Chairperson, both are unable to attend any meeting of the council, any
other Member present at the meeting, with the consent of the majority, shall
preside at the meeting.
CHAPTER IV
FUNCTION OF THE COUNCIL
10. Functions
The Council shall, in consultation with the Universities, including
IGNOU and NAPSWI, take all such steps as it may think fir for the promotion,
maintenance, co-ordination of standards of education, training, research and
practice; and for the purpose of performing its functions under this Act,
shall:
1.
Make recommendations to the
Central and State Governments, University Grants Commission and recognized
institutions in the matter of suitable policies, plans, and programmes
concerning the development of professional social work education and practice;
2.
Co-ordinate and monitor social
work education and practice and promote its development in the country;
3.
Undertake surveys and studies
relating to various aspects of social work education, training and practice and
disseminate results thereof;
4.
Lay down guidelines in respect
of minimum qualifications for persons to be employed as social work
professional;
5.
Lay down guidelines for
granting recognition to the institution as well as existing courses and for
starting new courses for social work education and training, including the
minimum eligibility criteria for admission and for providing physical and
instructional facilities, staffing pattern and staff qualifications;
6.
Promote innovation in social
work teaching, training, research and practice and disseminate the results
thereof.
7.
Evolve suitable performance
appraisal systems, norms, and mechanisms for assessing standards of social work
education and practice and review periodically the implementation of the norms,
guidelines and standards laid down.
8.
Take all necessary steps to
prevent commercialization of social work education and practice.
9.
Assess the professional social
work human power needs in the country including identification of positions to
be filled by social work professionals only and those positions where social
work could also be one of the professions.
10.
Promote the production of
indigenous literature in all the official languages of the country;
11.
Collect and disburse financial
assistance to recognized social work institutions from the Funds of the Council
for special and suitable programmes, not funded by the UGC.
12.
Promote interaction between professional
social work and allied disciplines/professions in the area of teaching,
training, research and practice;
13.
Undertake and/or promote
programmes of faculty development, preparation of teaching aids and field
action projects;
14.
Act as a clearing house for
social work education and practice in the country and liaise with national and
international organizations with similar functions;
15.
Hold periodic consultation with
the Government of India, National Commissions/Councils which have a bearing on
professional social work;
16.
Take steps for advocacy and
promotion of the profession of social work;
17.
Draw up a Code of Ethics and a
Code of Conduct for social work educators, researchers and practitioners, and
mechanisms for their enforcement and
18.
Recommend from time to time to
the government of India and the state governments the posts/jobs for which
social work education and training should be a preceding condition for
appointment.
19.
Perform such other functions as
the Council may deem fit from time to time.
CHAPTER V
RECOGNITION AND
REGISTRATION
Recognition of Qualifications granted by
Universities in India for Social Work Professionals
12. Minimum Standards
1)
The Council shall prescribe the
minimum standards of social work education and shall advise the UGC for
specification of degrees in professional social work for purposes of section
22(3) of the UGC Act, 1956.
2)
Recognition of qualifications
granted by institutions inside India
i.
For pursuing any courses or
seeking employment outside India the Council shall be the authorized
professional body to certify the qualifications, credentials, credit etc. of
the person applying for further studies in social work discipline or employment
abroad.
ii.
Recognition of qualifications
granted by institutions outside India
The
Council may enter into negotiations with the authority in any country outside
India, or set up a scheme of reciprocity for the recognition of qualifications
and, in pursuance by notification on the recommendation of the Council, amend
the schedule so as to include therein any qualification which the council by
notification may also direct that an entry shall be made in the last column of
the schedule declaring that it shall be the recognized qualification only when
granted after a specified date.(not clear)
Power to
require information as to the courses of study and examinations
13. Information
on Courses and Examinations
1)
Every University (including
IGNOU) college or Institution in India, which grants a recognized qualification
in professional social work, shall furnish such information as the Council may,
from time to time, require as to the courses of study, training and examination
to be undergone in order to obtain such qualifications, as to the ages at which
such courses of study and such qualifications are conferred and, generally, as
to the requisites for obtaining such qualifications.
2)
The Council shall appoint such
number of Expert Committees, as it may deem necessary, to visit any university
or institution, referred to in Section 13(1) above.
3)
Expert Committee
The
Expert Committees shall visit any university or institution, which wishes to
grant or confer university pre-degree, degree diploma or certificate in Para-professional
social work for purposes of recommending to the Government of India or State
Government, for recognition of such qualifications diplomas or certificates as
recognized social work qualifications.
4)
The Expert Committee, appointed
under sub-section 13(2), shall not interfere with the conduct of any training
or examination but shall report to the council on the adequacy, or otherwise,
of the standards of education including the staff, equipment, accommodation,
training and facilities.
Withdrawal of recognition
5)
Withdrawal
When,
upon report by the Export Committee, it appears to the Council (a) that the
courses of study and examination to be undergone in, or the proficiency
required from the candidates at any examination held by any university or
institution, or
(b) that the staff, equipment, accommodation, training and other infrastructural facilities for the instruction and training provided in such university or institution do not conform to the prescribed standards, the Council shall make a representation to the concerned authority as it may deem fit for the withdrawal of recognition.
(b) that the staff, equipment, accommodation, training and other infrastructural facilities for the instruction and training provided in such university or institution do not conform to the prescribed standards, the Council shall make a representation to the concerned authority as it may deem fit for the withdrawal of recognition.
Appeals
Subject
to other provisions contained in this Act, any qualification included in this
schedule shall be sufficient qualification for enrolment on the Register.
MINIMUM STANDARDS OF EDUCATION FOR ENROLMENT
AS PROFESSIONAL SOCIAL WORKER
14. Minimum standard for enrolment
1.
The Council shall prescribe the
minimum standards for enrolment as Social work Professional under its Regulations.
2.
Every person, whose name is
borne on the Register, shall be entitled to work as
Social
Work Educator or practice social Work in any part of India.
3.
No person other than the Social
Work Professional, who possesses a recognized social work qualification, and is
enrolled on the Register.
a)
Shall practice as Social Work
Profession anywhere in India.
b)
Contravention and penalty
Any
person who acts in contravention of any provision of sub-sections 14(3) (a),
(b), (c), and (d) shall be punished with imprisonment for a term which may
extend to one year or with fine which may extend to Rs.1,00,000/-or both.
Section 15:
1)
The Council shall prescribe
standards of professional conduct and code of ethics for social work
professionals by Regulations.
2)
Every person whose name is
borne on the Register of the council shall be bound by the code of ethics and
its infringement shall attract the provisions of this Act.
CHAPTER VII
FINANCE AND REPORTS
SECTION
20: Annual
reports
The Council shall prepare, once every year, in such form and at such
time as may be prescribed, an annual report giving a true and full account of
its activities during the previous years, and copies thereof shall be forwarded
to the Central Government and the Government shall cause the same to be laid
before both Houses of the Parliament.
