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
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