rpd act 2016 drafte ruls

DRAFT OF RIGHTS OF PERSONS WITH DISABILITIES RULES 2017-

Chapter 1

PRELIMINARY

Rules

1.   Short title and commencement.-

i)              These rules may be called the Rights of Persons With Disabilities Rules 2017.

ii)            They shall come into force on date of their publication in the Official Gazette.

2.   Definitions—

i)             In these rules, unless the context otherwise requires,-

a)          “Act” means the Rights of persons with Disabilities Act 2016.

b)          “Certificate’’ or ‘’Disability certificate’’ means a certificate issued in terms of clause (r, s & t) of section 2 of the act.

c)           “Form’’ means a form appended to these Rules.

ii)            Words and expressions defined in the Act but not defined in these Rules, shall have the meanings respectively assigned to them in the Act.

Chapter II

RIGHTS AND ENTITLEMENTS

3.   Procedure to be adopted for doing or omitting to do any act causing discrimination on the ground of disability

i)             In case any act or omission is likely to cause discrimination on the ground of disability, no establishment shall implement such an act or omit to do such an act unless the head of the establishment forms a considered opinion that it is a proportionate means of achieving a legitimate aim and forwards his opinion with complete material to the Chief Commissioner for Persons With disabilities or  State Commissioner  for Persons with Disabilities , as the case may be, who shall examine the entire material along with the opinion of the head of the establishment and accord approval or refuse to accord approval for such an act or omission in consultation with the Advisory Committee constituted under Section 74 (8) or Advisory Committee constituted under section 79 (7) of the Act as the case may be.

ii)           The decision of the Chief Commissioner or the State Commissioner, as the case may be, shall be communicated to the head of the concerned establishment within a period of 30 days of the receipt of such a proposal.

iii)         The decision of the Chief Commissioner or the State Commissioner, as the case may be, in this regard shall be final and binding on the establishment concerned.

4.   Provision for reasonable accommodation

i)             Every establishment shall notify and report to the Chief Commissioner for Persons With Disabilities or the State Commissioner for Persons with Disabilities, as the case may be, the steps taken to ensure reasonable accommodation for persons with disabilities.

ii)            Every establishment shall review periodically at least once in every six months the steps  taken by it for providing reasonable accommodation in terms of section 3 (5) of the act and take further steps considered necessary to ensure that persons with disabilities are able to exercise their rights on equal basis with others.

5.   Central research committee on disability

i)             The central govt. shall, by notification in the official gazette, constitute the Central Research committee on disability

ii)            The Committee shall comprise of following

A)  Joint secretary Department of Empowerment of Persons with Disabilities ministry of social justice and Empowerment(ex-officio chairman)

B)   Directors of all National Institutes working in the field of a specific benchmark disability under the Department of Empowerment of persons with disability(ex-officio members)

C)  Five members from registered national organizations working in the field of benchmark disabilities of which, one representative each shall be from the registered national organization working in the field of physical disability including Acid Attack victims, visual impairment, hearing impairment including speech and language disability, intellectual disability and multiple disability respectively as defined in the schedule to the Act. 

iii)          The committee shall decide and approve the subject of research on disability and the manner in which the research on disability is to be conducted where an individual with disability is the subject of such research.

iv)          This committee shall also examine the recommendations of the district level research committees regarding permission or refusal to permit a given research and take a final decision thereon which shall be binding.

Explanation:  it is hereby clarified that no academic research shall be within the purview of this committee so long as a person with bench mark disability is not made a subject of such a research.

6.   District level committee for Research on Disability

i)       Every State Govt. shall, by a notification in the Official Gazette, constitute a district level Research Committee on disability in every district for carrying out the functions of such a committee in terms of sub-clause 2 Section 6 of the Act for examining and making suitable recommendations to the committee constituted under rule 5 of these rules for grant or refusal of permission for any research on disability involving a person with disability for such a research.

ii)     The committee shall comprise of the following:-

a)   The Distt. Magistrate (Ex-officio Chairman);

b)   Distt. Social Welfare officer or Distt. Level officer on Disability, as the case may be. (Ex-officio Member Secretary);

c)   Chairman of Distt. Level committee constituted under section 72 of the Act (Ex-officio Member);

d)   Chief Medical officer of the District(Ex-officio member);

e)   Five members from registered organizations working in the field of benchmark disabilities of which one representative each shall be from the district level registered organizations working in the field of physical disability including Acid Attack victims, visual impairment, hearing impairment including speech and language disability, intellectual disability  and multiple disability respectively as defined in the schedule to the Act. 

iii)    Every proposal for a research on disability where a person or persons with disability are proposed to be made subjects of such a research , shall be submitted  to this committee in  Form A in Triplicate by registered post along with the detailed proposal for research including the methodology to be adopted and expected outcome.

iv)   On receipt of such a proposal, the committee shall examine it and make suitable recommendation to the committee constituted under Rule 5 for final decision.

7.   Procedure to be adopted for protection from abuse, violence and exploitation

i)             Any person / regd. Organization as defined in Section 2 (z)   may make a complaint of any abuse, violence and exploitation of a person with disability in Form B in Triplicate to the nearest police station where the incident has taken place or is likely to take place.

ii)            On receipt of such a complaint, the in-charge of the police station shall immediately forward it to the executive magistrate within whose jurisdiction the concerned police station is situated after entering it in “Daily Diary” and shall also forward the said complaint to the chairman of Dist Level Committee

8.   Procedure to be followed by Executive Eagistrate in the discharge of his functions u/s 7(3) of the Act

The Executive magistrate shall follow the same procedure as laid down under sections 133 to 143 of Criminal Procedure Code for removal of public nuisance.

9.   District level committee to maintain record and monitor the steps taken for protection of persons with disability from abuse, violence and exploitation

The District level committee shall maintain the record and monitor steps taken for protection of persons with disabilities from abuse, violence and exploitation and report it to the State Commissioner for persons with disability at least once in every six months.

10.  Procedure to make all public documents available to persons with disabilities in accessible formats

(i)           Every govt. establishment as defined in section 2(k) of the Act and any other body or entity responsible for maintenance, storage and dissemination of public record will be obliged to ensure that the public records are filed, stored and disseminated in accessible formats such as in Braille, large print or in accessible e-text.

(ii)          Website of every govt. Establishment and other entities responsible for provision of any public facility or duty shall be made accessible to persons with benchmark disabilities by modifying them to conform to the accessibility standards notified under the Act.

11.              Admissibility of testimony of a person with disability

(i)           Notwithstanding anything contained in the Indian Evidence Act to the contrary, the testimony of a person with disability will be admissible and the means of communication for giving testimony will not in any manner make it inadmissible.

(ii)          Notwithstanding anything contained in section 9 of the Indian Evidence Act relating to test identification parade to the contrary, Where identity of a person is to be proved by a person with visual impairment, it will be permissible for him to identify the person either by recognizing his voice or by touch, as the case may be.

(iii)        The testimony of a visually impaired person for proving any incident or any document, the Rule of hearsay evidence will not apply and his testimony will not be discarded by applying the principle of hearsay evidence. 

(iv)        Notwithstanding anything contained to the contrary in any other law for the time being in force, the means and modes of proving the signatures of a person with disability on any document or execution thereof will not be called in question for admissibility of his testimony on this aspect.

12.              Legal Capacity

i)             Notwithstanding anything contained to the contrary in any law for the time being in force, person with benchmark disability shall have equal right to own or inherit both moveable and immovable property on equal basis with others;

ii)            Anything contained contrary to the provisions of section 13 of the Act in any law for the time being in force including but not limited to the Transfer of Property Act, Indian Contract Act, Succession Laws, Personnel Laws and / or banking laws, Rules, Regulations and Notifications shall not govern the ownership and inheritance of the property by person with benchmark disability both moveable or immovable as well as all matters relating to financial affairs and access to banking and other financial services.   

13.              Procedure to be followed for providing limited guardianship

(i)           The state govt. shall, by notification in the official gazette, designate District level committee constituted Under Section 72 of the Act to decide on providing limited guardianship to any persons with disability under sub-Section 1 of section 14 of the Act.

(ii)          The District Level Committee shall, in consultation with the registered organisation of the disabled persons working in the area of specific category of benchmark disability to which individual in question belong, take decision about providing limited guardianship by passing a speaking order.

14.              Appeal against the decision of the District Level Committee

(i)           Any person with disability aggrieved by the decision of dist level committee appointing a legal guardian for him, may prefer an appeal to the special court  constituted Under Section 84 of the act.

(ii)          The special court shall follow a summary procedure for deciding the appeal and shall decide it within a period of 60 days from the date of its presentation.

(iii)        During the pendency of the appeal before the special court, the order of the District level Committee shall remain stayed.

15.              Authority to mobilize the community to support person with disability

The state Govt. shall by notification, designate the Distt. Level committee to be the designated authority to mobilize the community and create social awareness to support persons with benchmark disabilities in exercise of their legal capacity.

i)              

CHAPTER-III

EDUCATION

16.              Provisions for special teaching requirements of children with disabilities, text books in accessible formats and educational equipments etc. to be included in the eligibility requirement for recognition of educational institutions

(i)           Every state govt. shall modify its existing mechanism and procedure for grant or refusal of recognition to any educational institution by incorporating provisions for special teaching requirements of children with disabilities, text books in accessible formats and educational equipments etc. as a part of its Education Code for enabling children with disabilities to complete school education in terms of section 31 of the Act. 

(ii)          The existing educational institutions shall ensure that they comply with sections 16 and 31 of the Act by creating human and material infrastructure necessary for ensuring quality education for children with disability within a period of 6 months from the date of notification of these Rules.

Explanation:

It is clarified that benefits of free education for children with benchmark disabilities shall be made available to them upto the completion of their school education. 

17.              Mechanism and procedure for ensuring education of children with disability under sections 16 and 31 of the Act

(i)           A nodal officer shall be appointed in the District Level Education Office who shall be responsible for dealing with all the matters relating to implementation of mandate of sections 16 and 31 of the act.

(ii)          The nodal officer shall maintain the records relating to admission of children with disabilities, the facilities provided to them in all schools and all other matters connected therewith.

(iii)        The nodal officer shall submit a periodic report in every 3 months to the District Level Committee.

CHAPTER-IV

SKILL DEVELOPMENT AND EMPLOYMENT

18.              Procedure for considering the request for exemption by any establishment under proviso to Section 20(1) of the Act.

i)             Any establishment which intends to seeks exemption from the provisions of section 20 of the Act may apply in Form –C to the Chief Commissioner or the State Commissioner, as the case may be, along with full justification for such a request 

ii)            On receipt of such an application, the Chief Commissioner or the State Commissioner for persons with Disabilities, as the case may be, shall consider and take a final decision on such a request in consultation with the head of the Establishment and the Advisory Committee attached to the Chief Commissioner or the State Commissioner for persons with disabilities, as the case may be.

iii)          The decision of the Chief Commissioner for persons with disabilities or the State Commissioner, as the case may be shall be final and binding.

iv)          In case the Chief Commissioner or the State Commissioner for Persons with Disabilities, as the case may be, grants exemption to any establishment, the Central Govt. or the State Govt., as the case may be, shall notify the decision for grant of exemption in the official gazette.

v)           No establishment shall be deemed to have been exempted from the provisions of section 20 until notification in the official gazette is made to that effect in terms of sub-Rule (iv) of this Rule.

19.              Posting and Transfer Policy for employees with disability

i)             Every appropriate Govt. shall either frame a separate policy for posting and transfer of employees with disability or make special provisions in the posting and transfer policy for them in its such policies for all its employees within six months of the notification of these rules.

ii)            Till such time either a separate policy for posting and transfer in respect of employees with disability is formulated or special provision in its general policy for posting and transfer are made by the appropriate Govt., the posting and transfer of employees with disability shall be govern by  office memorandums bearing No. A-B/14017/41/90-Estt(RR)     Dt. 10.5.90 and Office memorandum bearing NO.  AB/14017/16/2002-Estt.(RR)    Dt. 13.3.2002 issued by Union Department of Personnel & Training Govt. of India

20.              Manner of notifying equal opportunity policy in terms of section 21 of the Act.

i)             The head of every “establishment” as defined in section 2 (i) of the Act shall formulate an equal opportunity policy providing for measures to be taken to ensure equality of opportunity to persons with disabilities in terms of Chapter-IV of the Act and notify the same by registering it with the Chief Commissioner or the State Commissioner, as the case may be, and displaying it in the website and display board of the concerned Establishment as also forwarding a copy thereof to the District level Committee.   

21.              Maintenance of record

(i)     Every establishment as defined in Section 2(i) of the Act shall maintain the records with respect to the matters relating to employment, facilities provided and reasonable accommodation given to persons with disabilities in form ‘D’

(ii)   The records so maintained by the establishment shall be open for inspection at all reasonable hours to the members of District level committee, State Advisory Board and the Central Advisory Board, any other person or entity authorized in this behalf by the Central Govt. or State Govt. from time to time.

22.              Maintenance of record by Employment Exchange under sub section 2 of Section 22 of the Act.

Every employment exchange shall maintain the records of persons with disabilities seeking employment in Form ‘E”

23.              Procedure for appointment of Grievance Redressal officer

(i)           The head of Every Govt. establishment shall appoint a Grievance Redressal Officer not below the rank of Joint Secretary under intimation to the Chief Commissioner or the State Commissioner, as the case may be, to receive a complaint and to investigate it for redressal of the grievance by taking corrective actions to ensure compliance of section 20 of the Act within 30 days of these Rules coming into force. 

(ii)          The Grievance Redressal Officer shall send the complaint alongwith the steps taken by him for redressal of the grievance to the District Level Committee within two weeks of the receipt of the complaint. 

(iii)        In case the complainant is not satisfied with the actions taken by the Grievance Redressal Officer, he may approach the District Level Committee for redressal of the grievance.

(iv)        The District Level Committee also can take suo moto action on the report received from the Grievance Redressal officer in case, in the opinion of the committee, the complaint has not been properly looked into and sufficient steps have not been taken for the redressal of the grievance.

(v)         The Chairman of the District level Committee may take up the matter with the head of the Establishment in case it is not satisfied with the action taken by the Grievance Redressal officer for appropriate action.      

  

24.              Maintenance of Register

The Grievance Redressal officer shall maintain a register of complaint in Form-F.

CHAPTER-V

SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION

25.              Fixation of Income ceiling for coverage of schemes and programmes under Section 24 & 25 of the Act

i)             While fixing income ceiling for the purpose of extending benefits under any scheme or programme formulated and notified under section 24 & 25 of the Act, the appropriate Govt.  shall consider the income of person with disability and not his parents/ guardian provided that in case the benefit is to be given to a minor with disability, the income of the parent/ guardian may be considered. 

ii)            While fixing any income ceiling for giving benefit under any scheme or programme Under sections 24 & 25 of the Act, the same shall be 25 % more than the income limit prescribed for deciding the creamy layer for OBC for the benefit of reservation to them notified from time to time.

26.              Priority in treatment in all healthcare programmes, hospital and dispensaries to patients with disability

The patients with disability shall be accorded priority by all  healthcare facilities including but not limited to the hospitals, dispensaries in all matters relating to health care such as attending in OPD, admission for treatment, surgery etc.   

CHAPTER-VI

SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES

27.              Reservation in higher Educational Institutions

i)             Every Govt. Institution of higher education and other higher education institutions receiving aid from the Govt. shall distribute the reservation of at least 5% seats equally to different categories of persons with benchmark disability as defined in Schedule to the Act.

ii)            While distributing the 5% seats equally among different five categories of disabilities, the distribution pattern will be the same as contained in section 34 of the Act for distributing reservation in Govt. employment. 

28.               Constitution of committee for identification of posts

i)             The appropriate Govt. shall constitute an expert committee for identifying posts to be used for implementing scheme of reservation in favour of persons with benchmark disabilities to the extent of 1% each as contained in section 34 of the Act by giving at least one representation to each of the four categories of benchmark disabilities. 

ii)            The posts so identified by the expert committee from time to time will be treated as illustrative and not exhaustive.

29.              Computation of vacancies for Reservation

i)             Every govt. Establishment shall compute five percent reservation against the total number of vacancies in the cadre strength.

ii)            Computation of vacancies have to be done in an identical manner in respect of vacancies in all groups of posts. 

30.              Maintenance of roster

i)             Every appropriate govt. shall maintain a vacancy based roster for each cadre strength placing all sanctioned vacancies in such cadre assigning them points seriatim. 

ii)             Point No.1, 25, 50 & 75 shall be reserved for persons with benchmark disabilities.

iii)          Each of the four categories of persons with benchmark disabilities mentioned in section 34 of the Act shall be given reservation against one of the aforementioned reserved points in each roster. 

iv)          The rosters maintained by every Govt. establishment shall be open for inspection by any member of Central Advisory Board, State Advisory Board or District Level committee as the case may be. 

31.              Applicability of Rule of Carry Forward in terms of Section 34 (2) of the Act. 

i)             The Rule of Carry Forward and interchange will come into play only when the vacancy / vacancies have been notified as reserved for a given category of benchmark disability and after the completion of selection process, no suitable person with disability of the said category was available for appointment. 

ii)            It is clarified that where the vacancy/vacancies falls on the reserved points in the roster and the selection process was not undertaken, the said vacancy will remain as backlog vacancy until such time the selection process is initiated and completed by notifying it to be reserved for persons with particular category of  Benchmark disability. 

32.              Filling up of vacancies reserved for persons with benchmark disabilities

i)             Every Govt. establishment shall notify the reserved vacancies for persons with benchmark disabilities in every recruitment by clearly notifying the number of vacancies reserved for each of the four categories of persons with benchmark disabilities entitled to the benefit of reservation to the extent of 1% each in terms of section 34 of the Act.

ii)            While notifying the vacancy (s) reserved for persons with disability to the recruitment body / agency, the establishment shall also furnish a certificate about the correctness of the computation of reservation for persons with disability and the recruiting body shall satisfy itself about the correctness of the certification before initiating the recruitment process.      

iii)          Keeping in view the horizontality of reservation for person with disabilities, the notification of reserved vacancies for persons with Benchmark disabilities shall not be notified as restrictive to general category, SC/ST or other backward class category.

iv)          Persons with Benchmark disabilities belonging to any category viz. general or SC/ST or OBC will be eligible for appointment for all vacancies notified as reserved for persons with benchmark disabilities.

v)           While making selection for the vacancies reserved for persons with Benchmark disabilities, candidates  selected on their own merit will not be counted against the vacancies reserved for persons with Benchmark disabilities and they will be adjusted against general category, SC/ST or OBC, as the case may be, after their selection. 

vi)           A separate combined inter-se merit/wait list based on relaxed standards in respect of each of the four categories of persons with benchmark disabilities entitled to the benefit of reservation U/S 34 will be prepared for selection and appointment against the reserved vacancies for each of them.

33.              Disability certification after selection against a vacancy reserved for persons with benchmark disability.

i)             If any candidate is selected against any reserved vacancy for person with benchmark disability, he will be referred for disability certification again by the Special Medical Board constituted for the purpose which shall be comprised of the medical practitioner in the area of the concerned disability to which the selected candidate belongs.

ii)            The report of such a special medical board will be sent to the concerned establishment by the Chairman of the Board with a copy to the selected candidate;

iii)          In case the selected candidate is aggrieved by the report of the Special Medical Board, he may prefer an appeal to the head of the concerned establishment who will then refer it to another special appellate medical Board which will be composed of other sets of experts in the area of category of disability to which the candidate belong located in another hospital.

iv)          The Chairman of the Appellate Medical Board will forward its report to the concerned establishment with a copy to the selected candidate and the decision of the Special Appellate Medical Board will be final.

v)            In case Special medical Board or Special Appellate Medical Board, as the case may be, certifies the disability of the selected candidate in terms of the definition assigned to the given disability in schedule to the Act, he will be offered appointment against the reserved vacancy.

vi)          In case the Special Medical Board or Special Appellate Medical Board, as the case may be, holds that the selected candidate is not a person with disability, the concerned establishment will start processing the case of the other person who is next in the merit/wait list for appointment against such reserved vacancy by following the same procedure.      

 

34.              Notification of vacancies to the Special Employment Exchanges

i)             The following vacancies shall be notified to the Special Employment Exchanges, namely:-

a)   Vacancies in posts of a technical and scientific nature occurring in establishments in respect of which the Central Government is the appropriate Government under the Act, and

b)   Vacancies which an employer may desire to be circulated to the Special Employment Exchange outside the state or Union Territory in which the establishment is situated, shall be notified to such Special Employment Exchanges as may be specified by the Central Govt. by notification in the official gazette, in this behalf.  A copy of the notification of vacancies shall be sent to the Vocational Rehabilitation Centre for persons with benchmark disabilities. 

CHAPTER-VII

SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS

35.              Application to provide high support

An application to seek high support may be made in Form-G to the District Level Committee.

36.              Composition of Assessment Board U/S 38 (2) of the Act

i)             The assessment Board for assessing the case referred to it under Sub-Section 1 of Section 38 shall comprise of the following:-

a)   District Magistrate (Ex-officio Chairman)

b)   Chief Medical Officer, (Ex-Officio Member Secretary)

c)   Five medical experts in the area of five categories of disabilities in terms of schedule to the Act.

d)   Chairman District Level committee (Ex-officio member)

37.              Manner of assessment by the Board

The assessment board constituted under sub section 2 of Section 38 shall examine the extent of functional limitation of the applicant with reference to the prospects of his participation in all aspects of life in relation to the severity of disability along with his socio economic and cultural background coupled with his living arrangements. 

CHAPTER-VIII

DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVT.

38.              Regulatory mechanism and procedure to prevent negative portrayal or description of persons with benchmark disability.

Every regulatory mechanism and procedure responsible for regulating all forms of media including but not limited to electronic and print media shall incorporate necessary provisions in the guidelines and Regulations preventing negative portrayal and description of persons with benchmark disability in any form or manner whatsoever. 

39.              Accessibility

i)             All regulatory authorities dealing with physical environment, transportation, information and communication including appropriate technologies and systems and other facilities and services provided to the public in urban and rural areas shall incorporate standards of accessibility for aforementioned respective areas as laid down in the Rules notified by the Central Govt. U/S 40 of the Act within a period of 30 days of such notification.

ii)            Every Regulatory authority dealing with physical environment, transportation, information and communication including appropriate technologies and systems and other facilities and services provided to the public in urban and rural areas shall examine and decide the applications for permission or for license for the aforementioned purposes by the respective agencies in  respective areas on the basis of status of compliance of the rules containing standards of accessibility notified by the Central Govt. under section 40 of the Act. 

CHAPTER-IX

REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITY AND GRANT TO SUCH INSTITUTIONS

40.              Competent authority

The District Officer in the department of Social Welfare or Social Justice & Empowerment of the State Govt. shall be the competent authority for the purpose of registration of institutions for persons with disabilities under section 49 of the Act.   

41.              Application for grant of certificate of registration

Any person or entity intending to establish or maintain any institution for persons with disabilities shall apply to the District Officer in the Department of Social Welfare or Social Justice & Empowerment of the State Govt. in Form-H by submitting the application in duplicate along with the copy of the certificate of registration of the organization under Societies Registration Act or any other law for the time being in force for this purpose, its bye-laws, its audited financial statements for last three years and a detail of its activities.   

42.              APPEAL

i)             Any person aggrieved by the order passed by The Competent Authority refusing to grant a certificate of registration or revoking a certificate of registration may appeal against such an order to the District level committee which will act as the appellate authority in terms of section 53(1) of the Act within 30 days of the receipt of the such an order. 

ii)            The District level committee shall decide the appeal made under sub-rule 1 within 30 days of its presentation. 

.

CHAPTER-X

CERTIFICATION OF SPECIFIED DISABILITY

43.              Application for issue of disability certificate

i)             A person with benchmark disability desirous of getting a certificate in his favour shall submit an application in Form-I either online or offline, and the application shall be accompanied by-

a)   Proof of residence;

b)   Two recent passport size photographs; and

c)   Copy of Aadhar Card

ii)            The application shall be submitted to-

a)   A certifying authority competent to issue such a certificate, as notified by the appropriate Govt. in terms of section 57(1) of the Act, in the district of the applicant’s residence as mentioned in the proof of residence submitted by him with the application;

Provided that in the cases of minor, severe disability, the application can also be made through the next friend or registered organization on behalf of such desirous applicant.

44.              Issue of disability certificate

i)             On receipt of an application under Rule 40, the certifying authority shall, after satisfying himself that the applicant is a person with specified benchmark disability as defined in schedule to the Act, issue a disability certificate in his favour in Forms-J, K & L as applicable.

ii)            The certificate shall be issued as far as possible, within a week from the date of receipt of the application by the certifying authority, but in any case, not later than one month from such date.

iii)          The Certifying/ competent authority shall, after due examination-

a)   Give a permanent disability certificate in cases where there are no chances of variation, in the degree of disability, or

b)   Shall indicate the period of validity in the certificate, in cases where there is any chance of variation, in the degree of disability.

iv)          A copy of every disability certificate issued under these rules by a certifying authority other than the Chief Medical Officer shall be simultaneously sent by such certifying authority to the Chief Medical Officer of the respective District. 

45.              Appeal against the decision of competent authority -

i)             Àny applicant for a disability certificate, who is aggrieved by the nature of a certificate issued to him, or by refusal to issue such a certificate in his favour, as the case may be, may appeal against such a decision to the Appellate authority constituted under section 59(1) of the Act by the State Govt. within 30 days of the communication of such a decision. 

Provided that in cases of minor or severe disability, the appeal can also be made through the next friend or registered organization on behalf of such applicant.

ii)            The appeal shall be accompanied by a copy of the certificate or letter of rejection being appealed against;

iii)          On receipt of an appeal, the appellate authority shall, after giving the appellant an opportunity of being heard, and after examining him again, pass such orders on it as it may deem appropriate.

iv)          An appeal shall, as far as possible, be disposed of within a fortnight from the date of its receipt, but in any case, not later than thirty days from such date. 

46.              Certificate issued under Rule 44 to be generally valid for all purposes and across the country-

A certificate issued under Rule 44 shall render a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Govt. and of non-Governmental organizations funded by the Govt., subject to such conditions as may be specified in relevant schemes or instructions of Govt. etc., as the case may be, throughout the country.

CHAPTER-XI

CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE

47.              Criteria for nomination of members of Central Advisory Board under clause r(ii) of sub-section 2 of section 60 of the Act

i)             The Central Govt. shall make nominations for 10 members in terms of Clause r(ii) of sub section 2 of section 60 of the Act only from the organizations of persons with disabilities having a national character of which two members each will be from registered national organisation working in the field of each of the five categories of disabilities mentioned in  the schedule to the act

ii)            For the purpose of selecting members under clause r(ii) of sub-section 2 of section 60, a panel may be prepared by constituting a screening committee in the Union Department of Empowerment of Persons With Disability and the Minister in -charge of the said department shall nominate the members under the said clause of the act out of the panel so prepared.  

48.              Allowances to be paid to nominated members of Central Advisory Board Under Clause (r) of sub-section 2 of Section 60 of the Act

Every member nominated to Central Advisory Board under Clause (r) of sub-Section 2 of Section 60 shall be entitled to receive allowances and travelling allowances at such rates which are admissible to group ‘A’ officers of the Central Govt. for each actual day of meeting of the Board.

49.              Notice of Meetings

i)             Thirty clear days’ notice of an ordinary meeting and fifteen clear days’ notice of a special meeting specifying the time and place at which such meeting is to be held and the business to be transacted there at, shall be given by Member Secretary to the Members.    

ii)            Notice of a meeting may be given to the members by delivering the same by messenger, sending it by registered post to his last known place of residence or business or by e-mail or in such other manner as the Chairperson may, in the circumstances of the case think fit.

iii)          No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days’ notice to the Member-Secretary, unless the Chairperson in his discretion, permits him to do so.

  

50.              Adjournment of the meetings

i)             The chairman of the central advisory board may adjourn its meeting from day to day or any other particular day.

ii)            Where a meeting of the central advisory board is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place and it shall not be necessary to give notice of the adjourn meeting to the other members.

iii)          Where a meeting of the central advisory board is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all members as provided in Rule 49 of these rules.

51.              Chair of the meeting

The Chairperson shall preside at every meeting of the Board and in his absence, the Vice-Chairperson shall preside, but when both the Chairperson and the Vice-chairperson are absent from any meeting, the members present shall elect one of the members to preside at the meeting.

52.              Quorum

(i)           One third of the total members shall form the quorum for any meeting provided that at least 50% of the nominated members under clause r (ii) are present in such a meeting having the quorum of one third members.

(ii)         (a) If a meeting of the central advisory board cannot be held for want of quorum then, the meeting shall stand adjourned to the same day in the next week, at the same time and at the same place, and if that day is a public holiday, to the next succeeding date which is not public holiday and at the same time and place.

(b) Notice of the adjourned meeting shall be given to all the Members]

(c) No quorum shall be necessary for the adjourned meeting.

(iii)       No matter which had not been the agenda of the ordinary or the special meeting as the case may be, shall be discussed at the adjourned meeting.

53.              Maintenance of meetings record

(i)           Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-secretary,

(ii)          The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting.

(iii)        The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours.

54.              Business to be transacted at meeting

(i)           Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (iii) of Rule 49, shall be transacted at any meeting.

(ii)          At any meeting, business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer.

(iii)        Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the Chairperson agrees, such a change shall take place.

55.              Decision by majority

All questions considered at a meeting of the Board shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or in the absence of the Chairperson, the Vice-Chairperson or in the absence of both the Chairperson and the Vice-Chairperson, the members presiding at the meeting, as the case may be, shall have a second or casting vote.

56.              No proceeding to be invalid due to vacancy or any defect.

No proceeding of the central advisory board shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Board.

57.              Criteria for nomination of members of State Advisory Board under clause-e(iii) of sub-section 2 of section 66 of the Act

i)             The State Govt. shall make nominations for 10 members in terms of Clause e(iii) of sub section 2 of section 66 of the Act only from the organizations of persons with disabilities working in the respective State of which two members each will be from registered state organisation working in the field of each of the five categories of disabilities mentioned in  the schedule to the Act.

ii)            For the purpose of selecting members under clause e(iii) of sub-section 2 of section 66, a panel may be prepared by constituting a screening committee in the State Department of Empowerment of Persons With Disabilities and the Minister in charge of the said department shall nominate the members under this category out of the panel so prepared.  

58.              Allowances to be paid to nominated members of State Advisory Board Under Clause (e)(iii) of sub-section 2 of Section 66 of the Act

Every member nominated to State Advisory Board under Clause (e)(iii) of sub-Section 2 of Section 66 shall be entitled to receive allowances and travelling allowances at such rates which are admissible to group ‘A’ officers of the State Govt. for each actual day of meeting of the Board.

59.              Notice of Meetings

i)          Thirty clear days’ notice of an ordinary meeting and fifteen clear days’ notice of a special meeting specifying the time and place at which such meeting is to be held and the business to be transacted thereat, shall be given by Member Secretary to the Members.    

ii)        Notice of a meeting may be given to the members by delivering the same by messenger, sending it by registered post to his last known place of residence or business or by e-mail or in such other manner as the Chairperson may, in the circumstances of the case think fit.

iii)       No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days’ notice to the Member-Secretary, unless the Chairperson in his discretion, permits him to do so.

  

60.              Adjournment of the meetings

i)          The chairman of the State advisory board may adjourn its meeting from day to day or any other particular day.

ii)        Where a meeting of the State advisory board is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place and it shall not be necessary to give notice of the adjourn meeting to the other members.

iii)       Where a meeting of the State advisory board is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all members as provided in sub-rule (1) of Rule 59 of these rules.

61.              Chair of the meeting

The Chairperson shall preside at every meeting of the Board and in his absence, the Vice-Chairperson shall preside, but when both the Chairperson and the Vice-chairperson are absent from any meeting, the members present shall elect one of the members to preside at the meeting.

62.              Quorum

(i)           One third of the total members shall form the quorum for any meeting provided that at least 50% of the nominated members under clause e (iii) are present in such a meeting having the quorum one third members.

(ii)         (a) If a meeting of the State advisory board cannot be held for want of quorum then, the meeting shall stand adjourned to the same day in the next week, at the same time and place, and if that day is a public holiday, to the next succeeding date which is not public holiday and at the same time and place.

(b) Notice of the adjourned meeting shall be given to all the Members]

(c)    No quorum shall be necessary for the adjourned meeting.

(iii)       No matter which had not been the agenda of the ordinary or the special meeting in the case may be, shall be discussed at the adjourned meeting.

63.              Maintenance of meetings record

(i)           Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-secretary,

(ii)          The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting.

(iii)        The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours.

64.              Business to be transacted at meeting

(i)           Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (iii) of Rule 59, shall be transacted at any meeting.

(ii)          At any meeting business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer.

(iii)        Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the Chairperson agrees, such a change shall take place.

65.              Decision by majority

All questions considered at a meeting of the Board shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or in the absence of the Chairperson, the Vice-Chairperson or in the absence of both the Chairperson and the Vice-Chairperson, the members presiding at the meeting, as the case may be, shall have a second or casting vote.

66.              No proceeding to be invalid due to vacancy or any defect.

No proceeding of the State advisory board shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Board.

67.              Constitution of District Level Committee

i)             The State Govt. shall constitute District level Committee on disability U/S 72 of the Act to perform the functions assigned to it under the Act and these rules as well as those assigned to it by the appropriate Govt. from time to time.  

ii)            The committee shall comprise of the following:-

a)   District Magistrate (Ex-officio Chairman)

b)   District level officer dealing with disability matters under the Department of the State Govt. on disability affairs. (Ex-officio member secretary)

c)   Chief Medical Officer of the District (Member)

d)   Supdt. of Police (Member)

e)   Member Secretary, district Legal Service Authority (Ex-officio member)

f)    5 nominated persons with disabilities representing non –Governmental organizations of persons with disabilities of which one member each shall be from the District level organizations of the five categories of specific disabilities mentioned in the schedule to the Act. 

68.              Allowances to be paid to nominated members of District level committee Under Sub Rule (ii-f) of Rule 67

Every member nominated to District level committee Under sub rule (ii) (f) of Rule 67 shall be entitled to receive allowances and travelling allowances at such rates which are admissible to group ‘A’ officers of the State Govt. for each actual day of meeting of the Board.

69.              Meetings

i)             There shall be a meeting of District level committee every month on such dates as may be fixed by the Chairperson;

ii)            The Chairperson shall, upon the written request of not less than 5 members of the District Level Committee, call a special meeting of the committee.

70.              Notice of Meetings

i)             Fifteen clear days’ notice of an ordinary meeting and seven clear days’ notice of a special meeting specifying the time and place at which such meeting is to be held and the business to be transacted there at, shall be given by Member Secretary to the Members.    

ii)            Notice of a meeting may be given to the members by delivering the same by messenger, sending it by registered post to his last known place of residence or business or by e-mail or in such other manner as the Chairperson may, in the circumstances of the case think fit.

iii)          No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days’ notice to the Member-Secretary, unless the Chairperson in his discretion, permits him to do so.

  

71.              Adjournment of the meetings

i)             The chairman of the District level committee adjourn its meeting from day to day or any other particular day.

ii)            Where a meeting of the District level committee is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place and it shall not be necessary to give notice of the adjourn meeting to the other members.

iii)          Where a meeting of the district level committee is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all members as provided in sub-rule (1) of Rule 70 of these rules.

72.              Chair of the meeting

The Chairperson shall preside at every meeting of the committee and in his absence, the Vice-Chairperson shall preside, but when both the Chairperson and the Vice-chairperson are absent from any meeting, the members present shall elect one of the members to preside at the meeting.

73.              Quorum

(i)           One third of the total members shall form the quorum for any meeting provided that at least 50% of the nominated members under sub-rule (ii)(f) of rule 67 are present in such a meeting having the quorum one third members.

(ii)         (a) If a meeting of the District level committee cannot be held for want of quorum then, the meeting shall stand adjourned to the same day in the next week, at the same time and place, and if that day is a public holiday, to the next succeeding date which is not public holiday and at the same time and place.

(b) Notice of the adjourned meeting shall be given to all the Members]

(iii) No quorum shall be necessary for the adjourned meeting.

(iii)       No matter which had not been the agenda of the ordinary or the special meeting in the case may be, shall be discussed at the adjourned meeting.

74.              Maintenance of meetings record

(i)           Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-secretary,

(ii)          The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting.

(iii)        The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours.

75.              Business to be transacted at meeting

(i)           Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (iii) of Rule 70, shall be transacted at any meeting.

(ii)          At any meeting business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer.

(iii)        Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the Chairperson agrees, such a change shall take place.

76.              Decision by majority

All questions considered at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or in the absence of the Chairperson, the Vice-Chairperson or in the absence of both the Chairperson and the Vice-Chairperson, the members presiding at the meeting, as the case may be, shall have a second or casting vote.

77.              No proceeding to be invalid due to vacancy or any defect.

No proceeding of the Committee hall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Board.

CHAPTER-XII

CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

78.              Procedure for appointment of chief Commissioner and Commissioners for persons with disabilities

i)          The Central Govt. shall initiate the process of appointment of the Chief Commissioner and Commissioners for persons With disabilities by publishing an advertisement in at least two national level dailies one each in English and Hindi inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 79 at least six months prior to the occurrence of the vacancies.

ii)        Central Govt. shall constitute a screening committee for recommending the names of the shortlisted candidates to the Chairman Central Advisory Board for consideration and final decision. 

iii)       The screening committee shall comprise of

a)   A Secretary Department of Empowerment of Persons With Disabilities Govt. of India (Ex-Officio Chair)

b)   One of the joint secretaries in the Department of Empowerment of persons with disabilities (Ex-officio Member Secretary)

c)   Two members of the Central Advisory Board nominated under sub section (ii) of clause r(2) of section 60 (to be nominated by the Chair of Central Advisory Board)

iv)            The Screening committee shall consider all the applications received in response to the public notice and prepare a panel of shortlisted candidates in order of merit for recommending to the Chair Central Advisory Board for consideration and decision on appointment. 

v)              The Chairman of the Central Advisory Board shall consider the penal recommended by the screening committee and take decision by giving due weightage to the order of merit in the panel.

vi)            That the Central Govt. shall make appointment in accordance with the decision of the Chairman of Central Advisory Board.

79.       Qualification for appointment of Chief Commissioner for persons with disabilities

In order to be eligible for the appointment as Chief Commissioner, a person must satisfy the following conditions, namely:-

i.          He/she should have special knowledge  in respect of matters relating to rehabilitation of persons with disabilities;

ii.        he /she should not have attained the age of sixty years on the 1st January of the year in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(i) of rule 78 falls;

iii.       if he/she is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and

iv.      he/she must possess the following educational qualification and experience, namely

(A) Educational qualifications.-

i. Essential: Graduate from a recognised university

ii. Desirable: Recognised degree/diploma in Social Work/ Law/ Management/ Human Rights/ Rehabilitation/ Education of Disabled Persons.

(B) Experience.-

i)    Should have at least twenty-five years experience in one or more of the following types of organizations at specified levels:-

a.    In Group 'A' level post in Central/State Government /Public Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/ women and child development); or

b.    A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or

c.     Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization:

Provided that out of the total twenty-five years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities

80.              Qualifications for appointment of Commissioners for persons with disabilities

In order to be eligible for the appointment as Commissioner, a person must satisfy the following conditions, namely:-

i.             He/she should have special knowledge in respect of matters relating to rehabilitation of persons with disabilities;

ii.           he /she should not have attained the age of sixty years on the 1st January of the year in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(i) of rule 78 falls;

iii.          if he/she is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and

iv.         he/she must possess the following educational qualification and experience, namely

(A) Educational qualifications.-

i. Essential: Graduate from a recognised university

ii. Desirable: Recognised degree/diploma in Social Work/ Law/ Management/ Human Rights/ Rehabilitation/ Education of Disabled Persons.

(B) Experience.-

i)    Should have at least twenty two years experience in one or more of the following types of organizations at specified levels:-

a.    In a Group 'A' level post in Central/State Government /Public Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/ women and child development); or

b.    A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or

c.     Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization.

Provided that out of the total twenty-three years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities

81.          Term of the Chief Commissioner and Commissioners for Persons With Disabilities

i)             The Chief Commissioner and Commissioners for Persons With Disabilities shall be appointed on full-time basis for a period of three years; from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.

ii)           A person may serve as Chief Commissioner and Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.

82.          Salary and allowances of the Chief Commissioner –

i)             The salary and allowances of the Chief Commissioner shall be the salary and allowances as admissible to a Secretary to the Government of India.

ii)           Where a Chief Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.

83.          Salary and allowances of the Commissioners –

i)             The salary and allowances of the Commissioners shall be the salary and allowances as admissible to a Joint Secretary to the Government of India.

ii)       Where a Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.

84.          Other terms and conditions of service of the Chief Commissioner and Commissioners –

i)             Leave -

The Chief Commissioner and commissioners shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.

ii)           Leave Travel Concession -

The Chief Commissioner and commissioners shall be entitled to such Leave Travel Concession as is admissible to Group 'A' officers under Central Civil Service (LTC) Rules, 1988.

iii)         Medical Benefits -

The Chief Commissioner and Commissioners shall be entitled to such medical benefits as is admissible to Group 'A' officers under the Central Government Health Scheme (CGHS).

85.          Resignation and removal -

i)             The Chief Commissioner and commissioners may, by notice in writing, under his hand, addressed to the Central Government, resign his post.

ii)           The Central Government shall remove a person from the office of the Chief Commissioner or Commissioner, if he –

a.               becomes an undischarged insolvent;

b.              engages during his term of office in any paid employment or activity outside the duties of his office;

c.              gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

d.              without obtaining leave of absence from the Central Government, remains absent from duty for a consecutive period of 15 days or more; or

e.              has, in the opinion of the Central Government, so abused the position of the Chief Commissioner or commissioner as to render his continuance in office detrimental to the interest of persons with disabilities:

Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group 'A' employee of the Central Government.

iii)    The Central Government may suspend a Chief Commissioner or Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.

86.              Salaries and allowances and other conditions of service of officers and employees in the office of Chief Commissioner;

The salaries and allowances and other conditions of services of officers and employees appointed in the office of Chief Commissioner shall be the same as are applicable to the officers and employees of Central Govt. in the same pay band and Grade pay as are admissible to each of them. 

87.              Constitution of Advisory Committee to assist the Chief Commissioner in terms of sub Section (8) of Section 74 of the Act.

i)             The Central Govt. shall, by notification, constitute an Advisory committee to assist the Chief Commissioner in discharge of its functions.

ii)            The Advisory committee shall comprise of 11 members drawn from at least two experts from each of the five categories of persons with benchmark disabilities in terms of schedule to the Act and of which at least three will be women with disabilities

88.              The Term of Advisory Committee-

The terms of advisory committee constituted by the Central Govt. under Rule 87 of these rules shall be a period of three years.

89.              Procedure to be followed by Chief Commissioner in respect of dealing with the complaints  Under Clause (b) of Section 75 of the Act.

i)        A com­plaint containing the following particulars shall be presented by the complainant in person or by his agent to the Chief Commis­sioner for Persons with Disabilities or be sent by registered post addressed to the Chief Commissioner:—

a)      The name, description and the address of the complainant;

b)      The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;

c)      The facts relating to complaint and when and where it arose;

d)      Documents in support of the allegations contained in the complaint;

e)      The relief which the complainant claims.

ii)            The Chief Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party/parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not ex­ceeding fifteen days as may be granted by the Chief Commissioner

iii)          The Chief Commissioner may assign the complaints received by him to the Commissioner for persons with Disabilities for the purpose of making inquiry and holding proceedings in respect thereof;

provided that the Commissioners will not finalize the recommendations without the approval of the Chief commissioner in respect of the complaint assigned to them;

iv)          On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or their agents to appear before the Chief Commissioner or commissioners, as the case may be.

v)           Where the complainant or his agent fails to appear before the Chief Commissioner or Commissioners, as the case may be, on such days, the Chief Commissioner may in his discretion either dismiss the complaint in default or decide it on merits.

vi)          Where the opposite party or his agent fails to appear on the date of hearing the Chief Commissioner may take such necessary action under section 77(i)(a) of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.

vii)        The Chief Commissioner may dispose of the complaint ex parte, if necessary.

viii)       The Chief Commissioner or commissioners, as the case may be, may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint

ix)          The complaint shall be decided, as far as possible, within a period of three months from the date of notice received by the opposite party.

x)           Before deciding the complaint and making recommendations in terms of clause (b) of section 75 of the Act, the Chief Commissioner shall obtain a written opinion on the proposed action / recommendation on the complaint from the advisory committee which shall form part of the proceedings of the compliant in question. 

90.              Procedure for taking action on the recommendation of chief commissioner in terms of section 76 of the Act.

i)          On receipt of the recommendation by the Chief Commissioner for persons With Disabilities in respect of any matter of deprivation of rights of persons with disabilities or safeguards available to them based on the inquiry conducted by him under Section 75(b) of the Act.  The Head of the concerned Establishment shall examine and take final decision on the action to be taken on the recommendation of the Chief Commissioner.

ii)        If, in the opinion of the head of the concerned establishment, it is not practically possible or feasible to implement the recommendation of the Chief Commissioner, he shall forward his tentative opinion to the Chief Commissioner for reconsideration of the recommendation along with all material which form basis of such a tentative opinion. 

iii)       The Chief Commissioner shall reconsider the recommendation made on the basis of tentative opinion of the head of the establishment and may either send revised recommendation or the original recommendation for action by the head of the concerned establishment. 

iv)      The head of the concerned establishment shall take necessary action based on the response / recommendation of the Chief Commissioner pursuant to furnishing his tentative opinion

91.              Submission of annual report by the Chief Commissioner—

i)          The Chief Commissioner shall as soon as possible after the end of the financial year but not later than the 30th day of September in the next year ensuing, prepare and submit to the Central Government an annual report giving a complete account of his activities during the said financial year.

ii)        In particular, the annual report referred to in sub-rule (1) shall contain information in respect of each of the following matters, namely:—

a)   Names of officers, staff of the office and a chart showing the organizational set-up.

b)   The functions which the Chief Commissioner has been empowered under sections 75  of the Act and the highlights of the performance in this regard;

c)   The main recommendations made by the Chief Commissioner;

d)   Progress made in the implementation of the Act State wise;

e)   Any other matter deemed appropriate for inclusion by the Chief Commissioner or specified by the Central Government from time to time.

92.              Submissions of special Report by the Chief Commissioner

i)          The Chief Commissioner may submit any special report to the Central Govt. at any time if the matter sought to be reported is so urgent and important that it cannot be deferred till the submission of the annual report .

ii)        The Special report shall state the full details of the matter which is sought to be reported, its urgent importance and relevance and special recommendations pertaining thereto. 

iii)       Both the annual report as well as the special report will be considered by the Central Advisory Board before being laid before each house of the Parliament. 

93.              Procedure for appointment of State Commissioner for persons with disabilities

(i)        The State Govt. shall initiate the process of appointment of the State Commissioner for persons With disabilities by publishing an advertisement in at least two dailies one each in English and Hindi having concerned state wide circulation, inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 89 at least six months prior to the occurrence of the vacancy.

(ii)      The State Govt. shall constitute a screening committee for recommending the names of the shortlisted candidates to the Chairman State Advisory Board for consideration and final decision. 

(iii)     The screening committee shall comprise of

a)   A Secretary Department of Empowerment of Persons With Disabilities in the concerned State govt.(Ex-Officio Chair)

b)   One of the joint secretaries in the Department of Empowerment of persons with disabilities (Ex-officio Member Secretary)

c)   Two members of the State Advisory Board nominated under sub section 2(e) III of section 66 of the Act (to be nominated by the Chair of State Advisory Board)

iv)      The Screening committee shall consider all the applications received in response to the public notice and prepare a panel of shortlisted candidates in order of merit for recommending to the Chair State Advisory Board for consideration and decision on appointment. 

v)        The Chairman of the Sate Advisory Board shall consider the panel recommended by the screening committee and take decision by giving due weightage to the order of merit in the panel.

vi)      That the State Govt. shall make appointment in accordance with the decision of the Chairman of State Advisory Board.

94.              Qualification for appointment of State Commissioner for persons with disabilities

In order to be eligible for the appointment as State Commissioner, a person must satisfy the following conditions, namely:-

i)             He/she should have special knowledge  in respect of matters relating to rehabilitation of persons with disabilities;

ii)            he /she should not have attained the age of sixty years on the 1st January of the year in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(i) of rule 93 falls;

iii)          if he/she is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and

iv)          he/she must possess the following educational qualification and experience, namely

a)      Educational qualifications.-

i. Essential: Graduate from a recognised university

ii. Desirable: Recognised degree/diploma in Social Work/ Law/ Management/ Human Rights/ Rehabilitation/ Education of Disabled Persons.

b)      Experience.-

i)    Should have at least twenty-five years experience in one or more of the following types of organizations at specified levels:-

a. In a Group 'A' level post in Central/State Government /Public Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/ women and child development); or

b. A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or

c.   Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization:

Provided that out of the total twenty-five years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities

95.              Term of the State Commissioner for Persons With Disabilities-

i)             The State Commissioner for Persons With Disabilities shall be appointed on full-time basis for a period of three years; from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.

ii)            A person may serve as State Commissioner and for a maximum of two terms, subject to the upper age limit of sixty-five years.

96.              Salary and allowances of the State Commissioners –

i)             The salary and allowances of the State Commissioner shall be the salary and allowances as admissible to a Secretary to the State Government.

ii)            Where a Sate Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.

97.              Other terms and conditions of service of the State Commissioners -

i)             Leave -

The Sate Commissioner  shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.

ii)            Leave Travel Concession -

The State Commissioner shall be entitled to such Leave Travel Concession as is admissible to Group 'A' officers under Central Civil Service (LTC) Rules, 1988.

iii)          Medical Benefits -

The State Commissioner shall be entitled to such medical benefits as is admissible to Group 'A' officers of the state.

98.              Resignation and removal -

i)             The State Commissioner may, by notice in writing, under his hand, addressed to the State Government, resign his post.

ii)            The State Government shall remove a person from the office of the State Commissioner if he -

a.           becomes an undischarged insolvent;

b.           engages during his term of office in any paid employment or activity outside the duties of his office;

c.           gets convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude;

d.           without obtaining leave of absence from the State Government, remains absent from duty for a consecutive period of 15 days or more; or

e.           has, in the opinion of the State Government, so abused the position of the State Commissioner as to render his continuance in office detrimental to the interest of persons with disabilities:

Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group 'A' employee of the State Government.

iii)          The State Government may suspend a State Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.

99.              Salaries and allowances and other conditions of service of officers and employees in the office of State Commissioner-

The salaries and allowances and other conditions of services of officers and employees appointed in the office of State Commissioner shall be the same as are applicable to the officers and employees of State Govt. in the same pay band and Grade pay as are admissible to each of them. 

100.          Constitution of Advisory Committee to assist the State Commissioner in terms of sub Section (7) of Section 79 of the Act.

i)           The State Govt. shall, by notification, constitute an Advisory committee to assist the State Commissioner in discharge of its functions

ii)          The Advisory committee shall comprise of 5 members drawn from one expert from each of the five categories of persons with benchmark disabilities in terms of schedule to the Act and of which at least one will be women with disability.

101.          The Term of Advisory Committee-

The terms of advisory committee constituted by the State Govt. under Rule 100 of these rules shall be a period of three years.

102.          Procedure to be followed by State Commissioner in respect of dealing with the complaints Under Clause (b) of Section 80 of the Act.

i)             A com­plaint containing the following particulars shall be presented by the complainant in person or by his agent to the State Commis­sioner for Persons with Disabilities or be sent by registered post addressed to the State Commissioner:—

a) The name, description and the address of the complainant;

b) The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;

c) The facts relating to complaint and when and where it arose;

d) Documents in support of the allegations contained in the complaint;

e) The relief which the complainant claims.

ii)            The State Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party/parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not ex­ceeding fifteen days as may be granted by the State Commissioner

iii)          On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or their agents to appear before the State Commissioner.

iv)          Where the complainant or his agent fails to appear before the State Commissioner on such days, the State Commissioner may in his discretion either dismiss the complaint in default or decide it on merits.

v)           Where the opposite party or his agent fails to appear on the date of hearing the State Commissioner may take such necessary steps under section 82(i)(a) of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.

vi)          The State Commissioner may dispose of the complaint ex parte, if necessary.

vii)        The State Commissioner, may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint

viii)       The complaint shall be decided, as far as possible, within a period of three months from the date of notice received by the opposite party.

ix)          Before deciding the complaint and making recommendations in terms of clause (b) of section 80 of the Act, the State Commissioner shall obtain a written opinion on the proposed action / recommendation on the complaint from the advisory committee which shall form part of the proceedings of the complaint in question. 

103.          Procedure for taking action on the recommendation of State commissioner in terms of section 81 of the Act.

i)             On receipt of the recommendation by the State Commissioner for persons With Disabilities in respect of any matter of deprivation of rights of persons with disabilities or safeguards available to them based on the inquiry conducted by him under Section 80(b) of the Act.  The Head of the concerned Establishment shall examine and take final decision on the action to be taken on the recommendation of the Chief Commissioner.

ii)            If, in the opinion of the head of the concerned establishment, it is not practically possible or feasible to implement the recommendation of the State Commissioner, he shall forward his tentative opinion to the State Commissioner for reconsideration of the recommendation along with all material which form basis of such a tentative opinion. 

iii)          The State Commissioner shall reconsider the recommendation made on the basis of tentative opinion of the head of the establishment and may either send revised recommendation or the original recommendation for action by the head of the concerned establishment. 

iv)          The head of the concerned establishment shall take necessary action based on the response / recommendation of the State Commissioner pursuant to furnishing his tentative opinion

104.          Submission of annual report by the State Commissioners—

i)             The State Commissioner shall as soon as possible after the end of the financial year but not later than the 30th day of September in the next year ensuing, prepare and submit to the State Government an annual report giving a complete account of his activities during the said financial year.

ii)            In particular, the annual report referred to in sub-rule (1) shall contain information in respect of each of the following matters, namely:—

a)   Names of officers, staff of the office and a chart showing the organizational set-up.

b)   The functions which the State Commissioner has been empowered under sections 80  of the Act and the highlights of the performance in this regard;

c)   The main recommendations made by the State Commissioner;

d)   Progress made in the implementation of the Act State wise;

e)   Any other matter deemed appropriate for inclusion by the State Commissioner or specified by the State Government from time to time.

105.          Submissions of special Report by the State Commissioner

i)             The State Commissioner may submit any special report to the State Govt. at any time if the matter sought to be reported is so urgent and important that it cannot be deferred till submission of annual report 

ii)            The Special report shall state the full details of the matter which is sought to be reported, its urgent importance and relevance and special recommendations pertaining thereto. 

iii)          Both the annual report as well as the special report will be considered by the State Advisory Board before being laid before each house of the State Legislature where there are two houses and where there is only one house, before that House of the legislature. 

CHAPTER-XIII

Special Courts

106.          Notification of appointment of Special Courts Under section 84 of the Act-

The notification of Special Court in every district Under Section 84 of the Act shall be made in the official gazette;

107.          Jurisdiction of Special Court-

Special Court shall act both as a Criminal court of the level of Sessions Judge to try offences under the Act and also the appellate court for entertaining and deciding appeals preferred under rules 14(i) of these rules as a District Judge.

108.          Procedure to be followed by Special Court-

i)             While trying offences under the Act, the Special Court shall follow the procedure for summary trial as contained in Chapter XXI of Code of Criminal Procedure. 

ii)            While deciding an appeal preferred Under Rule 14(i) of these Rules, the Special court shall follow the procedure laid down Under Order 43 of Civil Procedure Code treating the appeal as an appeal from orders.

109.          State Govt. to appoint Special Public Prosecutor

i)             The State Govt. shall by a notification in official gazette, appoint or designate any public prosecutor as a special public prosecutor under Section 85 of the Act in each special Court notified under Rule 106 of these Rules.

ii)            Preference may be given to the qualified advocates with disability having qualification laid down under section 85(1) of the Act in appointment of special public prosecutor in addition to the benefit of reservation to them as contained in section 34 of the Act.

110.          Special public prosecutor appointed under section 85 read with rule 109(i) to have the status and remuneration on par with public prosecutors -Special Public Prosecutors appointed in the special courts will have the same status as that of public prosecutors appointed to the court of Session Judges and will be entitled to the same fees, remuneration, salary and allowances as are admissible to such public prosecutors.

CHAPTER-XIV

NATIONAL FUND FOR PERSONS WITH DISABILITIES

111.          Procedure and manner of Management of National Fund for persons with disabilities created Under Section 86 of the Act

i)             There shall be a managing Board of national fund for persons with disabilities which will be responsible for management and utilization of the said fund

ii)            The Managing Board shall compose of the following:

a)           Minister incharge of the Department of Empowerment of Persons With Disabilities –(Ex-officio Chairman)

b)           Secretary Department of Empowerment of Persons With Disabilities (Ex-officio member secretary;

c)           One of the Joint Secretaries of Department of Empowerment of Persons With Disabilities (Ex-officio member)

d)           Financial advisor in the Department of Empowerment of Persons With Disabilities (Ex-officio member)

e)           Chairman National Trust for the welfare of Persons With Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. (Ex-officio member)

f)            Chairman Rehabilitation Council of India (Ex-officio Member)

g)           Chief Commissioner for Persons With Disabilities (Ex-Officio Member)

h)           Directors of all National Institutes in the field of disability under the Department of Empowerment of Persons With Disabilities –(Ex-officio Members)

i)             Three members out of 10 members of the Central Advisory Board nominated under Clause r(ii) of sub-section 2 of section 60 of the Act to be nominated by the Chairman of Central Advisory Board (Ex-officio Members)

j)             One Member out of three members of Central Advisory Board nominated under Clause r(iii) of sub-section 2 of section 60 of the Act nominated by the Chairman of Central Advisory Board (Ex-officio Members)

112.          Utilization of National Fund

i)           The National Fund shall be utilized for carrying out such activities, necessary to achieve the objective of the Act, but for which either there is no budgetary allocation or the budgetary allocation is not adequate.

ii)          While deciding the utilization of the fund, The Managing Board shall give priority to research and development of affordable and accessible technology, strengthening the infrastructure to promote education, skill development, employment and rehabilitation of persons with disabilities, awareness raising etc.

113.          Procedure of accounting and audit

i)             The Managing Board shall maintain the proper accounts and other relevant records of the fund strictly in accordance with the financial and accounting procedures adopted and prevalent in the Central Govt.

ii)            The General Financial Rules of 2005 shall mutatis mutandis apply to the national fund for persons with disabilities in respect to all matters connected with accounting and auditing etc.

CHAPTER-XV

STATE FUND FOR PERSONS WITH DISABILITIES

114.          Procedure and manner of Management of State Fund for persons with disabilities created Under Section 88 of the Act

i)             There shall be a managing Board of State fund for persons with disabilities which will be responsible for management and utilization of the said fund;

ii)            The Managing Board shall comprise of the following:

a)   Minister in-charge of the Department dealing with the disability affairs –(Ex-officio Chairman)

b)    Secretary of the Department dealing with disability affairs. (Ex-officio member secretary)

c)   Director of the Department dealing with Disability affairs (Ex-officio member)

d)   Financial advisor of the Department dealing with Disability affairs (Ex-officio member)

e)   State Commissioner for Persons With Disabilities (Ex-Officio Member)

f)    five members out of 10 members of the State Advisory Board nominated under Clause clause-e(iii) of sub-section 2 of section 66 of the Act to be nominated by the Chairman of State Advisory Board (Ex-officio Members)

One Member out of three members of state Advisory Board nominated under Clause r(iv) of sub-section 2 of section 60 of the Act nominated by the Chairman of State Advisory Board (Ex-officio Members)

115.          Utilization of State Fund-

i)           The State Fund shall be utilized for carrying out such activities, necessary to achieve the objectives of the Act, but for which either there is no budgetary allocation or the budgetary allocation is not adequate;

ii)          While deciding the utilization of the fund, the Managing Board shall give priority to research and development of affordable and accessible technology, strengthening the infrastructure to promote education, skill development, employment and rehabilitation of persons with disabilities, awareness raising etc.

116.          Procedure of accounting and audit

i)             The Managing Board shall maintain the proper accounts and other relevant records of the fund strictly in accordance with the financial and accounting procedures adopted and prevalent in the State Govt.

ii)            All Financial Rules applicable to the State Govt. shall mutatis mutandis apply to the State fund for persons with disabilities in respect to all matters connected with accounting and auditing etc.

CHAPTER-XVI

OFFENCES AND PENALTIES

117.          Offences under the Act to be Cognizable-

All offences mentioned in chapter XVI of the Act shall be cognizable and the procedure for investigation of these offences shall be same as that of the cognizable offences