Disabilities Bill-2013

8/13/2019 Disabilities Bill-2013

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The Rights of Persons with Disabilities Bill, 2013

A

Bill

To give effect to the United Nations Convention on the Rights of Persons withDisabilities and for matters connected therewith or incidental thereto.

WHEREA the United Nations !eneral Assembl" ado#ted its Convention on the Rightsof Persons with Disabilities on the $%thda" of December&'(()*

AND WHEREA the aforesaid Convention la"s down the following #rinci#les forem#owerment of #ersons with disabilities.

a+ res#ect for inherent dignit"& individ,al a,tonom" incl,ding the freedom to ma-e

ones own choices& and inde#endence of #ersons*b+ non/discrimination*

c+ f,ll and effective #artici#ation and incl,sion in societ"*

d+ res#ect for difference and acce#tance of #ersons with disabilities as #art of h,mandiversit" and h,manit"*

e+ e0,alit" of o##ort,nit"*

f+ accessibilit"*

g+ e0,alit" between men and women*h+ res#ect for the evolving ca#acities of children with disabilities and res#ect for the

right of children with disabilities to #reserve their identities*

AND WHEREA 1ndia is a signator" to the said Convention*

AND WHEREA 1ndia ratified the said Convention on the $ stda" of 2ctober&'((3*

AND WHEREA it is considered necessar" to im#lement the Convention aforesaid.4E it enacted b" Parliament in the i5t"/fo,rth "ear of the Re#,blic of 1ndia as

follows6/


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CHAPTER 1

PRELII!AR"

Short title, extent and commencement

$. 7i+ This Act ma" be called the Rights for Persons with Disabilities Act& '($%.7ii+ 1t e5tends to the whole of 1ndia e5ce#t the tate of 8amm, and 9ashmir.

7iii+ 1t shall come into force on s,ch date as the Central !overnment ma"& b"

notification in the 2ffiicial !a:ette& a##oint.

Definitions

'. 1n this Act& ,nless the conte5t otherwise re0,ires6/

7a+ ;a##ellate a,thorit"< means an a,thorit" notified ,nder s,b/section 7$+ of section

=' or designated ,nder s,b/section7$+ of section =>& as the case ma" be*

7b+ ;a##ro#riate !overnment< means7i+ in relation to the Central !overnment or an" establishment wholl" or

s,bstantiall" financed b" that !overnment& or a Cantonment 4oard constit,ted

,nder the Cantonment Act& $?'@& the Central !overnment* 6 7Remar-s 6 ' of

$?'@+7ii+ in relation to a tate !overnment or an" establishment& wholl" or s,bstantiall"

financed b" that !overnment& or an" local a,thorit"& other than a Cantonment4oard& the tate !overnment.

7c+ ;barrier< means an" factor incl,ding comm,nicational& c,lt,ral& economic&

environmental& instit,tional& #olitical& social or str,ct,ral factors which ham#ersthe f,ll and effective #artici#ation of #ersons with disabilities in societ"*

7d+ ;care/giver< means an" #erson incl,ding #arents and other famil" embers who

with or witho,t #a"ment #rovides care& s,##ort or assistance to a #erson with

disabilit"*7e+ ;certif"ing a,thorit"< means an a,thorit" designated ,nder s,b/section 7$+ of

section =)*

7f+ ;comm,nication< incl,des means and formats of comm,nication& lang,ages&dis#la" of te5t& 4raille& tactile comm,nication& signs& large #rint& accessible

m,ltimedia& written& a,dio& #lain/lang,age& h,man/reader a,gmentative and

alternative modes and accessible information and comm,nication technolog"*7g+ ;com#etent a,thorit"< means an a,thorit" a##ointed ,nder section/@>*

7h+ ;establishment< means a cor#oration established b" or ,nder a Central Act or

tate Act or an a,thorit" or a bod" owned or controlled or aided b" the

!overnment or a local a,thorit" or a !overnment com#an" as defiend in section '


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of the Com#anies Act& '($% and incl,des De#artment of a !overnment* 6

7remar-s 6 $> of '($%+

7i+ ;B,nd< means the National B,nd constit,ted ,nder section $((*7+ ;high s,##ort< means an intensive s,##ort& #h"sical& #s"chological and otherwise&

which ma" be re0,ired b" a #erson with benchmar- disabilit" for dail" activities&

accessing facilities and #artici#ating in all areas of life incl,ding ed,cation&em#lo"ment& famil" and comm,nit" life and treatment and thera#"*

7-+ ;incl,sive ed,cation< means a s"stem of ed,cation wherein st,dents with and

witho,t disabilit" learn together and the s"stem of teaching and learning iss,itabl" ado#ted to meet the learning needs of different t"#es of st,dents with

disabilities*

7l+ ;instit,tion< means an instit,tion for the rece#tion& care& #rotection& ed,cation&

training& rehabilitation and an" other activities for #ersons with disabilities*7m+;local a,thorit"< means a ,nici#alit" or a Pancha"at& as defined in cla,se 7e+

and cla,se 7f+ of article '@%P of the Constit,tion* a Cantonment 4oard constit,ted

,nder section $( of the Cantonments Act& '(()* and an" other a,thorit"

established ,nder an Act of Parliament or a tate egislat,re to administer thecivic affairs* 6 7Remar-s 6 @$ of '(()+

7n+ ;National Commission< means the National Commission for #ersons withdisabilities constit,ted ,nder section 3%.

7o+ ;notification< means a notification #,blished in the 2fficial !a:ette and the

e5#ression ;notif"< shall be constr,ed accordingl"*7#+ ;#erson with benchmar- disabilit"< means a #erson with not less than fort"

#ercent of a s#ecified disabilit" where s#ecified disabilit" has not been defined in

meas,rable terms and incl,des a #erson with disabilit" where s#ecified disabilit"

has been defined in meas,rable terms& as certified b" the certif"ing a,thorit"*70+ ;#erson with disabilit"< means a #erson with long term #h"sical& mental&

intellect,al or sensor" im#airment which hinder his f,ll and effective #artici#ation

in societ" e0,all" with others*7r+ ;#erson with disabilit" having high s,##ort needs< means a #erson with

benchmar- disabilit" certified ,nder cla,se 7a+ of s,b/section7'+ of section =3

who needs high s,##ort*7s+ ;#rescribed< means #rescribed b" r,les made ,nder this Act*

7t+ ;reasonable accommodation< means necessar" and a##ro#riate modification and

ad,stments& witho,t im#osing a dis#ro#ortionate or ,nd,e b,rden in a #artic,lar

case& to ens,re to #ersons with disabilities the eno"ment or e5ercise of rightse0,all" with others*

7,+ ;registered organi:ation< means an association of #ersons with disabilities or a

disabled #erson organi:ation& association of #arents of #ersons with disabilities&association of #ersons with disabilities and famil" members& or a vol,ntar" or

non/governmental or charitable organi:ation or tr,st& societ"& non/#rofit com#an"

wor-ing for the welfare of the #ersons with disabilities& d,l" registered ,nder anAct of Parliament or a tate egislat,re*

7v+ ;rehabilitation< refers to a #rocess aimed at enabling #erson with disabilities to

attain and maintain o#timal& #h"sical& sensor"& intellect,al& #s"chiatric or social

f,nction levels*


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7w+;#ecial Em#lo"ment E5change< means an" office or #lace established and

maintained b" the !overnment for the collection and f,rnishing of information&

either b" -ee#ing of registers or otherwise& regarding*7i+ #ersons who see- to engage em#lo"ees from amongst the #ersons s,ffering

from disabilities*

7ii+ #ersons with benchmar- disabilit" who see- em#lo"ment*7iii+ vacancies to which #ersons with benchmar- disabilities see-ing em#lo"ment

ma" be a##ointed.

75+ ;s#ecified disabilit"< means the disabilities as s#ecified in the ched,le*

7"+ ;tate Commission< means a tate Commission for #ersons with disabilities

constit,ted ,nder section >) of this Act*

7:+ ;,niversal design< means the design of #rod,cts& environments& #rogrammes andservices to be ,sable b" all #eo#le to the greatest e5tent #ossible& witho,t the need

for ada#tation or s#eciali:ed design and shall a##l" to assistive devices incl,ding

advanced technologies for #artic,lar gro,# of #ersons with disabilities.

CHAPTER 2

RI#HT$ A!D E!TITLEE!T$

Equality and non-discrimination

%. 7$+ The a##ro#riate !overnment shall ens,re that the #ersons with disabilities eno"

the right to e0,alit"& life with dignit" and res#ect for his or her integrit" e0,all" with

others.

7'+ The a##ro#riate !overnment shall ta-e s#ecial meas,res to #rotect the rights of

women and children with disabilit" and also ta-e ste#s to ,tili:e the ca#acit" of #ersons

with disabilities b" #roviding a##ro#riate environment.

7%+ No #erson with disabilit" shall be discriminated on the gro,nd of disabilit"& ,nless it

is shown that the im#,gned act or omission is a##ro#riate to achieve a legitimate aim.

7@+ No #erson shall be de#rived of his or her #ersonal libert" onl" on the gro,nd of

disabilit".

Community Life

@. 7$+ The #erson with disabilit" shall have the right to live in the comm,nit".

7'+ The a##ro#riate !overnment shall endevao,r that the #ersons with disabilities are6/


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7a+ not obliged to live in an" #artic,lar living arrangement* and

7b+ given access to a range of in/ho,se& residential and other comm,nit"

s,##ort services& incl,ding #ersonal assistance necessar" to s,##ort livingwith d,e regard to age and gender.

Protection from inhuman treatment

=. 7$+ The a##ro#riate !overnment shall ta-e meas,res to #rotect #erson with disabilit"from being s,bected to tort,re& cr,el& inh,man or degrading treatment.

7'+ No #erson with disabilit" shall be a s,bect of an" research witho,t/

7i+ his or her free and informed consent obtained thro,gh accessible modes&

means and formats of comm,nication* and7ii+ #rior #ermission of an Ethics Committee constit,ted in the #rescribed manner

for the #,r#ose b" the a##ro#riate !overnment in which not less than half ofthe embers shall themselves be either #erson with disabilit" or embers of

the registered organi:ation as defined ,nder cla,se 7,+ of section '.

Protection from abuse, violence and exploitation.

). 7$+ The a##ro#riate !overnment shall ta-e meas,res to #rotect #ersons with

disabilities from all forms of ab,se& violence and e5#loitation& and to #revent the

same& shall6/

7a+ ta-e cogni:ance of incidents of ab,se& violence and e5#loitation and #rovide legal

remedies available against s,ch incidents*

7b+ ta-e ste#s for avoiding s,ch incidents and #rescribe the #roced,re for itsre#orting*

7c+ ta-e ste#s to resc,e& #rotect and rehabilitate victims of s,ch incidents* and

7d+ create awareness and ma-e available information among the #,blic.

7'+ An" #erson or registered organi:ation who or which has reason to believe that an act

of ab,se& violence or e5#loitation has been & or is being& or is li-el" to be committed

against an" #erson with disabilit"& ma" give information abo,t it to the E5ec,tive

agistrate within the local limits of whose ,risdiction s,ch incidents occ,r.

7%+ The E5ec,tive agistrate on recei#t of s,ch information& shall ta-e immediate ste#sto sto# or #revent its occ,rrence& as the case ma" be& or #ass s,ch order as he deems fit

for the #rotection of s,ch #erson with disabilit" incl,ding an order6/


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7a+ to resc,e the victim of s,ch act& a,thori:ing the #olice or na" organi:ation

wor-ing for #ersons with disabilities to #rovide for the safe c,stod" or

rehabilitation of s,ch #erson& or both& as the case ma" be*7b+ for #roviding #rotective c,stod" to the #erson with disabilit"& if s,ch #erson so

desires*

7c+ to #rovide maintenance to s,ch #erson with disabilit".

7@+ An" #olice officer who receives a com#laint or otherwise comes to -now of ab,se&

violence or e5#loitation towards an" #erson with disabilit" shall inform the aggrieved#erson of6/

7a+ his or her right to a##l" for #rotection ,nder s,b/section7'+ and the #artic,lars of

the E5ec,tive agistrate having ,risdiction to #rovide assistance*7b+ the #artic,lars of the nearest organi:ation or instit,tion wor-ing for the

rehabilitation of #ersons with disabilities*

7c+ the right to free legal aid*

7d+ the right to file a com#laint ,nder the #rovisions of this Act or an" other lawdealing with s,ch offence6 Provided that nothing in this section shall be constr,ed

in an" manner as to relieve the #olice officer from his d,t" to #roceed inaccordance with law ,#on recei#t of information as to the commission of a

cogni:able offence.

7=+ 1f the E5ec,tive agistrate finds that the alleged act or behavio,r constit,tes an

offence ,nder the 1ndian Penal Code& or ,nder an" other law for the time being in force&

he ma" forward the com#laint to that effect to the 8,dicial or etro#olitan agistrate& as

the case ma" be& having ,risdiction in the matter. 7Remar-s 6 @= of $>)(+

Protection and safety

3. 7$+ The #ersons with disabilities shall have e0,al #rotection and safet" in sit,ations of

ris-& armed conflict& h,manitarian emergencies and nat,ral disasters.

7'+ The National Disaster anagement A,thorit" and the tate Disaster anagement

A,thorit" shall ta-e a##ro#riate meas,res to ens,re incl,sion of #ersons with disabilitiesin its disaster management activities as defined ,nder cla,se 7e+ of section ' of the

Disaster anagement Act& '((= for the safet" and #rotection of #ersons with disabilities.

7Remar-s 6 =% of '((=+

7%+ The District Disaster anagement A,thorit" constit,ted ,nder section '= of the

Disaster anagement Act& '((= shall maintain record of details of #ersons with

disabilities in the district and ta-e s,itable meas,res to inform s,ch #ersons of an"sit,ations of ris- so as to enhance disaster #re#aredness. 7Remar-s 6 =% of '((=+

7@+ The a,thorities engaged in reconstr,ction activities s,bse0,ent to an" sit,ation ofris-& armed conflict or nat,ral disasters shall ,nderta-e s,ch activities& in cons,ltation


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with the concerned tate Commission& in accordance with the accessibilit" re0,irements

of #ersons with disabilities.

ome and family

>. 7$+ N2 child with disabilit" shall be se#arated from his or her #arents on the gro,nd of

disabilit" e5ce#t on an order of com#etent co,rt& if re0,ired& in the best interest of the

child.

7'+ Where the #arents are ,nable to ta-e care of a child with disabilit"& the com#etent

co,rt shall #lace s,ch child with his or her near relations& and failing that within thecomm,nit" in a famil" setting or in e5ce#tional cases in shelter homes r,n b" the

a##ro#riate !overnment or non/governmental organi:ations& as ma" be re0,ired.

!eproductive

?. 7$+ The a##ro#riate !overnment shall ens,re that #ersons with disabilities have access

to a##ro#riate information regarding re#rod,ctive and famil" #lanning.

7'+ No #erson with disabilit" shall be s,bect to an" medical #roced,re which leasds to

infertilit" witho,t his or her free and informed consent.

"ccessibility in votin#

$(. The Election Commission of 1ndia and the tate Election Commissions shall ens,rethat all #olling stations are accessible to #ersons with disabilities and all materials related

to the electoral #rocess are easil" ,nderstandable b" and accessible to them.

"ccess to $ustice

$$. 7$+ The a##ro#riate !overnment shall ens,re that #ersons with disabilities are able to

e5ercise the right to access an" co,rt& trib,nal& a,thorit"& commission or an" other bod"having ,dicial or 0,asi/,dicial or investigative #owers witho,t discrimination on the

basis of disabilit".

7'+ The a##ro#riate !overnment shall ta-e ste#s to #,t in #lace s,itable s,##ort meas,res

for #ersons with disabilities s#eciall" those living o,tside famil" and those disabled

re0,iring high s,##ort for e5ercising legal rights.

7%+ The National egal ervices A,thorit" and the tate egal ervices A,thorities

constit,ted ,nder the egal ervices A,thorities Act& $?>3 shall ma-e #rovisions


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incl,ding reasonable accommodations to ens,re that #ersons with disabilities have access

to an" scheme& #rogramme& facilit" or service offered b" them e0,all" with others.

7Remar-s 6 %? of $?>3+

7@+ The a##ro#riate !overnment shall ta-e ste#s to6/

7a+ ens,re that all the their #,blic doc,ments are in a accessible formats*

7b+ ens,re that filing de#artments& registr" or an" other office of records are

s,##lied with necessar" e0,i#ment to enable filing& storing and referringto the doc,ments and evidence in accessible formats* and

7c+ ma-e available all necessar" facilities and e0,i#ment to facilitate

recording of testimonies& arg,ments or o#inion given b" #ersons with

disabilities in their #referred lang,age and means of comm,nications.

Le#al capacity

$'. 7$+ The a##ro#riate !overnment shall ens,re that the #erson with disabilities have

right& e0,all" with others& to own or inherit #ro#ert"& movable or immovable& controltheir financial affairs and have access to ban- loans& mortgages and other forms of

financial credit.

7'+ When a conflict of interest arises between a #erson #roviding s,##ort and a #ersons

with disabilit" in a #artic,lar financial& #ro#ert" or other economic transaction& then s,ch

s,##orting #erson shall abstain from #roviding s,##ort to the #erson with disabilit" inthat transaction6

Provided that there shall not be a #res,m#tion of conflict of interest ,st b" blood& affinit"or ado#tion.

7%+ A #erson with disabilit" ma" alter& modif" or dismantle an" s,##ort arrangement and

see- the s,##ort of another6

Provided that s,ch alteration& modification or dismantling shall be #ros#ective in nat,re

and shall not n,llif" an" third #art" transaction entered into b" the #erson with disabilit"with the aforesaid s,##ort arrangement.

7@+ An" #erson #roviding s,##ort to the #erson with disabilit" shall not e5ercise ,nd,e

infl,ence and shall res#ect his or her a,tonom"& dignit" and #rivac".

Provision for #uardianship

$%. 7$+ Notwithstanding an"thing contained in an" other law for the time being in force&on and from the date of commencement of this Act& where a District Co,rt records a

finding that a mentall" ill #erson is inca#able of ta-ing care of himself or herself and of


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ta-ing an" legall" binding decisions on his or her own& it shall ma-e an order for

a##ointment of limited g,ardian to ta-e care of s,ch mentall" ill #erson and ta-e all legal

binding decisions on his or her behalf in cons,ltation with s,ch #erson6

Provided that the District Co,rt ma" grant #lenar" g,ardianshi# to the mentall" ill #erson

,nder e5traordinar" sit,ations where limited g,ardianshi# co,ld not be awarded.

E5#lanation Bor the #,r#oses of this section6/

7i+ ;#lenar" g,ardianshi#< means g,ardianshi# whereb" s,bse0,ent to a finding

of inca#acit"& a g,ardian s,bstit,tes for the #erson with disabilit" as the

#erson before the law and ta-es all legall" binding decisions for him and the

decisions of the #erson with disabilit" have no binding force in law d,ring thes,bsistence of the g,ardianshi# and the g,ardian is ,nder no legal obligation

to cons,lt with the #erson with disabilit" or determine his or her will or

#reference whilst ta-ing decisions for him* and

7ii+ ;limited g,ardianshi#< means a s"stem of oint decision which o#erates onm,t,al ,nderstanding an tr,st between the g,ardian and the #erson with

disabilit".

7'+ 2n and from the date of commencement of this Act& ever" g,ardian a##ointed ,nder

an" #rovision of an" law for mentall" ill #ersons shall be deemed to f,nction as limitedg,ardian6

Provided that where g,ardian a##ointed #rior to the commencement of this Act is ,nable

to f,nction as limited g,ardian& the concerned District Co,rt ma" grant #lenar"g,ardianshi# afresh ta-ing into acco,nt all relevant records of the concerned mentall" ill

#erson within si5 moths from the date of commencement of this Act.

E5#lanation6/ Bor this #,r#oses of this section ;District Co,rt< means& in an" area for

which there is a cit" civil co,rt& that co,rt and in an" other area the #rinci#al civil co,rt

of original ,risdiction& and incl,des an" other civil co,rt which the tate !overnmentma"& b" notification& s#ecif" as the co,rt com#etent to deal with all or an" of the matters

s#ecified in this Act*

Desi#nation of authorities to support

$@. 7$+ The a##ro#riate !overnment shall designate one or more a,thorities to mobili:ethe comm,nit" and create social awareness to s,##ort #ersons with disabilities in

e5ercise of their legal ca#acit".

7'+ The a,thorit" designated ,nder s,b/section 7$+ shall ta-e meas,res for setting ,#

s,itable s,##ort arrangements to e5ercise legal ca#acit" b" #ersons with disabilities

living in instit,tions and those with high s,##ort needs an" other meas,res as ma" bere0,ired.


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CHAPTER 3

ED%CATI&!

Duty of educational institutions

$=. The a##ro#riate !overnment and the local a,thorities shall endevao,r that all

ed,cational instit,tions f,nded b" them #rovide incl,sive ed,cation to the children with

disabilities and towards that end shall6/

7i+ admit them witho,t discrimination and #rovide ed,cation and o##ort,nities

for s#orts and recreation activities e0,all" with others*

7ii+ ma-e b,ilding& cam#,s and vario,s facilities accessible*7iii+ #rovide reasonable accommodation according to the individ,als

re0,irements*

7iv+ #rovide necessar" s,##ort individ,ali:ed or otherwise in environments thatma5imi:e academic and social develo#ment consistent with the goal of f,ll

incl,sion*

7v+ ens,re that the ed,cation to #ersons who are blind or deaf or both is im#artedin the most a##ro#riate lang,ages and modes and means of comm,nication*

7vi+ detect s#ecific learning disabilities in children at the earliest& and ta-e s,itable

#edagogical and other meas,res to overcome them*7vii+ monitor #artici#ation& #rogress in terms of attainment levels and com#letion

of ed,cation in res#ect of ever" st,dent with disabilit"*

7viii+ #rovide trans#ortation facilities to the children with disabilit" and also the

attendant of the children with disabilities having high s,##ort needs.

Specific measures to promote and facilitate inclusive education

$). The a##ro#riate !overnment and the local a,thorities shall ta-e the following

meas,res for the #,r#ose of section $=& namel"6/

7a+ to cond,ct s,rve" of school going children for identif"ing children with

disabilities& ascertaining their s#ecial needs and the e5tent to which these arebeing met*

7b+ to establish ade0,ate n,mber of teacher training instit,tions*

7c+ to train and em#lo" teachers& incl,ding teachers with disabilit" who are 0,alifiedin sign lang,age and 4raille and also teachers who are trained in teaching children

with intellect,al disabilit"*

7d+ to train #rofessionals and staff to s,##ort incl,sive ed,cation*


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7e+ to establish ade0,ate n,mber of reso,rce centres to s,##ort ed,cational

instit,tions*

7f+ to #romote the ,se of a##ro#riate a,gmentative and alternative modes incl,dingmeans and formats of comm,nication& 4raille and sign lang,age to s,##lement

the ,se of ones own s#eech to f,lfill the dail" comm,nication needs of #ersons

with s#eech& comm,nication or lang,age disabilities and enables them to#artici#ate and contrib,te to their comm,nit" and societ".

7g+ to #rovide boo-s& other learning materials and a##ro#riate assistive devices& to

st,dents with benchmar- disabilities& free of cost& ,#to the age of eighteen "ears&and either free or at affordable cost& thereafter*

7h+ to #rovide scholarshi#s in a##ro#riate cases to st,dents with benchmar- disabilit"*

7i+ to ma-e s,itable modifications in the c,rric,l,m and e5amination s"stem to meet

the needs of st,dents with disabilit" s,ch as e5tra time for com#letion ofe5amination #a#er& facilit" of scribe or aman,ensis& e5em#tion from second and

third lang,age co,rses*

7+ to #romote research to im#rove learning* and

7-+ an" other meas,res& as ma" be re0,ired.

"dult education

$3. The a##ro#riate !overnment and the local a,thorities shall ta-e meas,res to #romote#artici#ation of #ersons with disabilities in ad,lt ed,cation and contin,ing ed,cation

#rogrammes e0,all" with others.

CHATPER '

$(ILL DE)EL&PE!T A!D EPL&"E!T

S%ill development and employment

$>. The a##ro#riate !overnment shall form,late schemes and #rogrammes incl,ding

#rovision of loans at concessional rates to facilitate and s,##ort em#lo"ment of #ersonswith disabilities es#eciall" for their vocational training and self/em#lo"ment.

&on-discrimination in employment

$?. 7$+ No establishment shall discriminate against an" #erson with disabilit" in an"matter relating to em#lo"ment6


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"ppointment of (rievance !edressal )fficer

''. 7$+ Ever" establishment shall a##oint a !rievance Redressal 2fficer for the #r,#oseof section $? and shall inform the National Commission or the tate Commission& as the

case ma" be& abo,t the a##ointment of s,ch officer.

7'+ An" #erson aggrieved with the non/com#liance of the #rovisions of section $?& ma"

file a com#laint with the !rievance Redressal 2fficer& who shall investigate it and shall

ta-e ,# the matter with the establishment for corrective action.

7%+ The !rievance Redressal 2fficer shall maintain a register of com#laints in the manner

as ma" be #rescribed b" the Central !overnment& and ever" com#laint shall be loo-ed

into within two wee-s of its registration.

7@+ 1f the aggrieved #erson is not satisfied with the action ta-en on his or her com#laint&

he or she ma" a##roach the District/evel Committee on disabilit".

CHAPTER *

$&CIAL $EC%RIT", HEALTH, REHABILITAIT&! A!DRECREATI&!

Social Security

'%. 7$+ The a##ro#riate !overnment shall within the limit of its economic ca#acit" anddevelo#ment form,late necessar" schemes and #rogrammes to safeg,ard and #romote theright of #ersons with disabilities for ade0,ate standard of living to enable them to live

inde#endentl" or in the comm,nit".

Provided that the 0,ant,m of assistance to the #ersons with disabilities ,nder s,ch

schemes and #rogrammes shall be at least twent"/five #ercent higher than the similar

schemes a##licable to others.

7'+ The a##ro#riate !overnment while devising these schemes and #rogrammes shall

give d,e consideration to the diversit" of disabilit"& gender& age& and socio/economic

stat,s.

7%+ The schemes ,nder s,b/section 7$+ shall #rovide for6/

7a+ comm,nit" centres with decent living conditions in terms of safet"& sanitation&

health care and co,nseling*

7b+ facilities for #ersons incl,ding children with disabilit" who have no famil" orhave been abandoned& or are witho,t shelter or livelihood*


14/53

7c+ s,##ort d,ring nat,ral or man/made disasters and in areas of conflict*

7d+ s,##ort to women with disabilit" for livelihood and for ,#bringing of their

children*7e+ access to safe drin-ing water and a##ro#riate and accessible sanitation facilities

es#eciall" in ,rban sl,ms and r,ral areas*

7f+ #rovisions of aids and a##liances& medicine and diagnostic services and correctives,rger" free of cost to #ersons with disabilities with s,ch income ceiling as ma"

be notified*

7g+ disabilit" #ension to #ersons with disabilities s,bect to s,ch income ceiling asma" be notified*

7h+ ,nem#lo"ment allowance to #ersons with disabilities registered with #ecial

Em#lo"ment E5change for more than two "ears and who co,ld not be #lace in

an" gainf,l occ,#ation*7i+ care/giver allowance to #ersons with disabilities with high s,##ort needs*

7+ com#rehensive ins,rance scheme for #ersons with disabilit"& not covered ,nder

the Em#lo"ees tate 1ns,rance chemes& or an" other stat,tor" or !overnment/

s#onsored ins,rance schemes*7-+ an" other matter which the a##ro#riate !overnment ma" thin- fit.

ealth Care

'@. 7$+ The a##ro#riate !overnment and the local a,thorities shall ta-e necessar"

meas,res for the #ersons with disabilities to #rovide6/

7a+ free health care in the vicinit" s#eciall" in r,ral area s,bect to s,ch famil"

income as ma" be notified*

7b+ barrier/free access in all #arts of the hos#itals and other healthcare instit,tions andcentres r,n or aided b" them*

7c+ #riorit" in attendance and treatment.

7'+ The a##ro#riate !overnments and the local a,thorities shall ta-e meas,res and ma-eschemes or #rogrammes to #romote health care and #revent the occ,rrence of disabilities

and for the said #,r#ose shall6/

7a+ ,nderta-e or ca,se to be ,nderta-en s,rve"s& investigations and research

concerning the ca,se of occ,rrence of disabilities*

7b+ #romote vario,s methods for #reventing disabilities*

7c+ screen all the children at least once in a "ear for the #,r#ose of identif"ing ;at/ris-< cases*

7d+ #rovide facilities for training to the staff at the #rimar" health centres*

7e+ s#onsor or ca,se to be s#onsored awareness cam#aigns and disseminate or ca,seto be disseminated information for general h"giene& health and sanitation*

7f+ ta-e meas,res for #re/natal& #erinatal and #ost/natal care of mother and child*

7g+ ed,cate the #,blic thro,gh the #re/schools& schools& #rimar" Health Centres&village level wor-ers and anganwadi wor-ers*


15/53

7h+ create awareness amongst the masses thro,gh television& radio and other mass

media on the ca,ses of disabilities and the #reventive meas,res to be ado#ted*

7i+ health care d,ring the time of nat,ral disasters and other sit,ations of ris-*7+ essential medical facilities for life saving emergenc" treatment and #roced,res*

and

7-+ se5,al and re#rod,ctive health care es#eciall" for women with disabilit".

*nsurance Schemes

'=. The a##ro#riate !overnment shall& b" notification& ma-e ins,rance schemes for their

em#lo"ees with disabilities.

!ehabilitation

'). 7$+ The a##ro#riate !overnment and the local a,thorities shall within their economicca#acit" and develo#ment& ,nderta-e or ca,se to be ,nderta-en services and #rogrammesof rehabilitation& #artic,larl" in the areas of health& ed,cation and em#lo"ment for all

#ersons with disabilities.

7'+ Bor the #,r#oses of s,b/section 7$+& the a##ro#riate !overnment and the local

a,thorities ma" grant financial assistance to Non/!overnment 2rganisations.

7%+ The a##ro#riate !overnment and the local a,thorities& while form,lating

rehabilitation #olicies shall cons,lt the Non/!overnmental 2rgani:ations wor-ing for the

ca,se of #ersons with disabilities.

!esearch and Development

'3. The a##ro#riate !overnment shall initiate or ca,se to be initiated research and

develo#ment thro,gh individ,als and instit,tions on iss,es which shall enhance

habilitation and rehabilitation and on s,ch other iss,es which are necessar" for theem#owerment of #ersons with disabilities.

Culture and recreation

'>. The a##ro#riate !overnment and the local a,thorities shall ta-e meas,res to #romote

and #rotect the rights of all #ersons with disabilities to have a c,lt,ral life and to

#artici#ate in recreational activities e0,all" with others which incl,de&/

7a+ facilities& s,##ort and s#onsorshi#s to artists and writers with disabilit" to #,rs,e theirinterests and talents*


16/53

7b+ establishment of a disabilit" histor" m,se,m which chronicles and inter#rets the

historical e5#eriences of #ersons with disabilities*

7c+ ma-ing art accessible to #ersons with disabilities*7d+ #romoting recreation centers& and other associational activities*

7e+ facilitating #artici#ation in sco,ting& dancing& art classes& o,tdoor cam#s and

advent,re activities*7f+ redesigning co,rses in c,lt,ral and arts s,bects to enable #artici#ation and access of

#ersons with disabilities* and

7g+ develo#ing technolog"& assistive devices and e0,i#ments to facilitate access andincl,sion for #ersons with disabilities in recreational activities.

Sportin# activities.

'?. 7$+ The a##ro#riate !overnment shall ta-e meas,res to ens,re effective #artici#ation

in s#orting activities of the #ersons with disabilities.7'+ The #orts a,thorities shall accord d,e recognition to the right of #ersons with

disabilities to #artici#ate in s#orts and shall ma-e d,e #rovisions for the incl,sion of#ersons with disabilities in their schemes and #rograms for the #romotion and

develo#ment of s#orting talents.7%+ Witho,t #re,dice to the #rovisions contained in s,b/sections 7$+ and 7'+& the

a##ro#riate !overnment and the s#orts a,thorities shall ta-e meas,res to&/

7a+ restr,ct,re co,rses and #rogrammes to ens,re access& incl,sion and #artici#ation of

#ersons with disabilities in all s#orting activities*

7b+ redesign and s,##ort infrastr,ct,re facilities of all s#orting activities for #ersons withdisabilities*

7c+ develo# technolog" to enhance #otential& talent& ca#acit" and abilit" in s#orting

activities of all #ersons with disabilities*7d+ #rovide m,lti/sensor" essentials and feat,res in all s#orting activities to ens,re

effective #artici#ation of all #ersons with disabilities*

7e+ allocate f,nds for develo#ment of state of art s#ort facilities for training of #ersons

with disabilities*7f+ #romote and organi:e disabilit" s#ecific s#orting events for #ersons with disabilities.

CHAPTER +

$PECIAL PR&)I$I&!$ &R PER$&!$ -ITHBE!CHAR( DI$ABIILTIE$

+ree education for children ith benchmar% disabilities


17/53

%(.7$+ Notwithstanding an"thing contained in the rights of Children to Bree and

Com#,lsor" Ed,cation Act& '((?& ever" child with bench/mar- disabilit" between the

age of si5 to eighteen "ears shall have the right to free ed,cation in a neighborhoodschool& or in a s#ecial school& if necessar".

7'+ The a##ro#riate !overnment and local a,thorities shall ens,re that ever" child with

benchmar- disabilit" has access to free ed,cation in an a##ro#riate environment till heattains the age of eighteen "ears.

!eservation in hi#her educational institutions

%$.7$+ All !overnment instit,tions of higher ed,cation and other higher ed,cationinstit,tions receiving aid from the !overnment shall reserve not less than five #ercent

seats for #ersons with benchmar- disabilities*

7'+ The #ersons with benchmar- disabilities shall be given an ,##er age rela5ation of five"ears for admission in instit,tions of higher ed,cation.

*dentification of posts for reservation

%'. The a##ro#riate !overnment shall7i+ identif" #osts in the establishments to be reserved for the #ersons with benchmar-

disabilit"*

7ii+ review and ,#date the list of identified #osts& ta-ing into consideration thedevelo#ments in technolog"& at #eriodical intervals not e5ceeding five "ears.

!eservation%%.7$+ Ever" a##ro#riate !overnment shall reserve in ever" establishment ,nder them&

not less than five #er cent& of the vacancies meant to be filled for #ersons or class of#ersons with benchmar- disabilit"& of which one #er cent& each shall be reserved for the

#ersons with following disabilities&/

7a+ blindness and low vision*

7b+ hearing im#airment and s#eech im#airment*7c+ locomotor disabilit" incl,ding cerebral #als"& le#ros" c,red and m,sc,lar d"stro#h"*

7d+ a,tism& intellect,al disabilit" and mental illness*

7e+ m,lti#le disabilities from amongst #ersons ,nder cla,ses 7a+ to 7d+ incl,dingdeafblindness in the #osts identified for each disabilities6

Provided that the a##ro#riate !overnment ma"& having regard to the t"#e of wor- carriedon in an" de#artment or establishment& b" notification and s,bect to s,ch conditions& if

an"& as ma" be s#ecified in s,ch notification& e5em#t an" establishment from the

#rovisions of this section.


18/53

E5#lanation6 Bor the #,r#ose of this section& the com#,tation of reservation of vacancies

for the #ersons with benchmar- disabilities shall be com#,ted on five #er cent& of the

total cadre strength.

7'+ Where in an" recr,itment "ear an" vacanc" cannot be filled ,# d,e to non/availabilit"

of a s,itable #erson with bench mar- disabilit" or for an" other s,fficient reasons& s,chvacanc" shall be carried forward in the s,cceeding recr,itment "ear and if in the

s,cceeding recr,itment "ear also s,itable #erson with disabilit" is not available& it ma"

first be filled b" interchange among the five categories and onl" when there is no #ersonwith disabilit" available for the #ost in that "ear& the em#lo"er shall fill ,# the vacanc" b"

a##ointment of a #erson& other than a #erson with disabilit"6

Provided that if the nat,re of vacancies in an establishment is s,ch that a given categor"of #erson cannot be em#lo"ed& the vacancies ma" be interchanged among the five

categories with the #rior a##roval of the a##ro#riate !overnment.

7%+ The a##ro#riate !overnment shall b" notification& #rovide rela5ation of ,##er agelimit ,#to five "ears for em#lo"ment of #ersons with bench mar- disabilit".

*ncentives to employers in private sector

%@. The a##ro#riate !overnment and the local a,thorities shall& within the limit of theireconomic ca#acit" and develo#ment& #rovide incentives to em#lo"er in #rivate sectors to

ens,re that at least five #er cent& of their wor- force is com#osed of #ersons with

disabilit".

Special Employment Exchan#e%=. The a##ro#riate !overnment ma"& b" notification& re0,ire that from s,ch date& the

em#lo"er in ever" establishment shall f,rnish s,ch information or ret,rn as ma" be

#rescribed b" the Central !overnment in relation to vacancies a##ointed for #ersons withbenchmar- disabilit" that have occ,rred or are abo,t to occ,r in that establishment to

s,ch #ecial Em#lo"ment E5change as ma" be notified b" the Central !overnment and

the establishment shall there,#on com#l" with s,ch re0,isition.

Special Schemes and Development Pro#rammes

%). The a##ro#riate !overnment and the local .a,thorities shall& b" notification& ma-eschemes in favo,r of #ersons with benchmar- disabilities& to #rovide&/

7a+ five #er cent& reservation in allotment of agric,lt,ral land and ho,sing in all relevant

schemes and develo#ment #rogrammes& with a##ro#riate #riorit" to women withbenchmar- disabilities*

7b+ five #er cent& reservation in all #overt" alleviation and vario,s develo#mental

schemes with #riorit" to women with benchmar- disabilities*


19/53

7c+ five #er cent& reservation in allotment of land on concessional rate& where s,ch land is

to be ,sed for the #,r#ose of #romoting ho,sing& shelter& setting ,# of occ,#ation&

b,siness& enter#rise& recreation centers and #rod,ction centers.

CHAPER .

$PECIAL PR&)I$I&!$ &R PER$&!$ -ITHDI$ABILITIE$ -ITH HI#H $%PP&RT !EED$

Special provisions for persons ith disabilities ith hi#hsupport

%3. 7$+ An" #erson with benchmar- disabilit"& who considers himself to be in need of

high s,##ort& or an" #erson or organisation on his or her behalf& ma" a##l" to ana,thorit"& to be notified b" the a##ro#riate !overnment& re0,esting to #rovide high

s,##ort.7'+ 2n recei#t of an a##lication ,nder s,b/section 7$+& the a,thorit" shall refer it to an

FAssessment 4oard consisting of s,ch embers as ma" be #rescribed b" the Central

!overnment.7%+ The Assessment 4oard shall assess the case referred to it ,nder s,b/section 7$+ in

s,ch manner as ma" be #rescribed b" the Central !overnment& and shall send a re#ort to

the a,thorit" certif"ing the need of high s,##ort and its nat,re.7@+ 2n recei#t of a re#ort ,nder s,b/section 7%+& the a,thorit" shall ta-e ste#s to #rovide

s,##ort in accordance with the re#ort and s,bect to relevant schemes and orders of the

a##ro#riate !overnment in this behalf.

CHAPTER /

D%TIE$ A!D RE$P&!$IBILITIE$ & APPR&PRIATE#&)ER!E!T$

"areness Campai#ns

%>.7$+ The a##ro#riate !overnment& in cons,ltation with the National Commission or the

tate Commission& as the case ma" be& shall cond,ct& enco,rage& s,##ort or #romote

awareness cam#aigns and sensitisation #rogrammes to ens,re that the rights of the#ersons with disabilities #rovided ,nder this Act are #rotected.

7'+ The #rogrammes and cam#aigns s#ecified ,nder s,b section 7$+ shall also&/7a+ #romote val,es of incl,sion& tolerance& em#ath" and res#ect for diversit"*


20/53

7b+ advance recognition of the s-ills& merits and abilities of #ersons with disabilities and

of their contrib,tions to the wor-force& labo,r mar-et and #rofessional fee*

7c+ foster res#ect for the decisions made b" #ersons with disabilities on all matters relatedto famil" life& relationshi#s& bearing and raising children*

7d+ #rovide orientation and sensitisation at the school& college& Universit" and

#rofessional training level on the h,man condition of disabilit" and the rights of #ersonswith disabilities*

7e+ #rovide orientation and sensitisation on disabling conditions and rights of #ersons

with disabilities to em#lo"ers& administrators and co/wor-ers.7f+ ens,re that the rights of #ersons with disabilit" are incl,ded in the c,rric,l,m in

Universities and colleges.

"ccessibility

%?. The National Commission shall& form,late reg,lations for the #ersons withdisabilities la"ing down the standards of accessibilit" for the #h"sical environment&

trans#ortation& information and comm,nications& incl,ding a##ro#riate technologies ands"stems& and other facilities and services #rovided to the #,blic in ,rban and r,ral areas.

"ccess to ransport

@( 7 $+ The a##ro#riate !overnment shall ta-e s,itable meas,res to #rovide&/

7a+ facilities for #ersons with disabilities at b,s sto#s& railwa" stations and air#orts

conforming to the accessibilit" standards relating to #ar-ing s#aces& toilets& tic-etingco,nters and tic-eting machines*

7b+ access to all modes of trans#ort that conform the design standards& incl,ding

retrofitting old modes of trans#ort& wherever technicall" feasible and safe for #ersons

with disabilities& economicall" viable and witho,t entailing maor str,ct,ral changes indesign*

7c+ accessible roads to address mobilit" necessar" for #ersons with disabilities.

7'+ The a##ro#riate !overnment shall develo# schemes #rogrammes to #romote the

#ersonal mobilit" of #ersons with disabilities at affordable cost to #rovide for&/

7a+ incentives and concessions*7b+ retrofitting of vehicles* and

7c+ #ersonal mobilit" assistance*

"ccess to information and communication technolo#y

@$. The a##ro#riate !overnment shall ta-e meas,res to ens,re that&/7i+ all contents available in a,dio& #rint and electronic media are in accessible format*

7ii+ #ersons with disabilities have access to electronic media b" #roviding a,dio

descri#tion& sign lang,age inter#retation and close ca#tioning*7iii+ electronic goods and e0,i#ment which are meant for ever" da" ,se are available in

,niversal design*


21/53

"ccess to transport and personal mobility@'. The a##ro#riate !overnment shall ta-e meas,res to #romote develo#ment& #rod,ction

and distrib,tion of ,niversall" designed cons,mer #rod,cts and accessories for general,se.

'andatory observance of accessibility norms

@%. 7$+ No establishment shall be granted #ermission to b,ild an" str,ct,re if the b,ilding

#lan does not adhere to the reg,lations form,lated b" the National Commission ,nder

section %?.

7'+ No establishment shall be iss,ed a certificate of com#letion or allowed to ta-eocc,#ation of a b,ilding ,nless it has adhered to the reg,lations form,lated b" the

National Commission.

ime limit for ma%in# existin# infrastructure and premisesaccessible and action for that purpose.

@@. 7$+ All e5isting #,blic b,ildings shall be made accessible in accordance with the

reg,lations form,lated b" the National Commission within a #eriod not e5ceeding five

"ears from the date of notification of s,ch reg,lations6

Provided that the central !overnment ma" grant e5tension of time to the states on a case

to case basis for adherence to this #rovision de#ending on their state of #re#aredness andother related #arameters.

7'+ The a##ro#riate !overnment and the local a,thorities shall form,late and #,blish anaction #lan based on #rioriti:ation& for #roviding accessibilit" in all their b,ildings and

s#aces #roviding essential services s,ch as all #rimar" health centres& civil hos#itals&

schools& railwa" stations and b,s sto#s.

ime limit for accessibility by service providers.

@=. The service #roviders shall #rovide services in accordance with the reg,lations on

accessibilit" form,lated b" the National Commission ,nder section %? within a #eriod of

two "ears from the date of notification of s,ch reg,lations6

Provided that the Central !overnment& in cons,ltation with the National Commission&ma" grant e5tension of time for #roviding certain categor" of services in accordance with

the said reg,lations.

uman resource development

@). 7$+ Witho,t #re,dice to an" f,nction and #ower of Rehabilitation Co,ncil of 1ndia

constit,ted ,nder the Rehabilitation Co,ncil of 1ndia Act $??'& the a##ro#riate


22/53

!overnment shall endeavo,r to develo# h,man reso,rce for the #,r#oses of this Act and

to that end shall&/ 7Remar-s 6 %@ of $??'+

7a+ mandate training on disabilit" rights in all co,rses for the training of Pancha"ati Raembers& legislators& administrators& #olice officials& ,dges and law"ers*

7b+ ind,ct disabilit" as a com#onent for all ed,cation co,rses for schools& colleges and

Universit" teachers& doctors& n,rses& #ara/medical #ersonnel& social welfare officers& r,raldevelo#ment officers& asha wor-ers& anganwadi wor-ers engineers& architects& other

#rofessionals and comm,nit" wor-ers*

7c+ initiate ca#acit" b,ilding #rogrammes incl,ding training in inde#endent living andcomm,nit" relationshi#s for families& embers of comm,nit" and other sta-eholders and

care #roviders on care giving and s,##ort*

7d+ ens,re inde#endence training for #ersons with disabilities to b,ild comm,nit"

relationshi#s on m,t,al contrib,tion and res#ect*7e+ cond,ct training #rogrammes for s#orts teachers with foc,s on s#orts& games&

advent,re activities*

7f+ an" other ca#acit" develo#ment meas,res as ma" be re0,ired.

7'+ All ,niversities shall #romote teaching and research in disabilit" st,dies incl,ding

establishment of st,d" centres for s,ch st,dies.7%+ 1n order to f,lfill the obligation stated in s,b/section 7$+& the a##ro#riate !overnment

shall in ever" five "ears ,nderta-e a need based anal"sis and form,late #lans for the

recr,itment& ind,ction& sensiti:ation& orientation and training of s,itable #ersonnel to,nderta-e the vario,s res#onsibilities ,nder in this Act.

Social audit

@3. The a##ro#riate !overnment shall ,nderta-e social a,dit of all general schemes and

#rogrammes involving the #ersons with disabilities to ens,re that the scheme and#rogrammes do not have an adverse im#act ,#on the #ersons with disabilities and need

the re0,irements and concerns of #ersons with disabilities.

CHAPTER

RE#I$TRATI&! & I!$TIT%TI&!$ &R PER$&!$ -ITHDI$ABILITIE$ A!D #RA!T$ T& $%CH I!$TIT%TI&!$

Competent authority

@>. The tate !overnment shall a##oint an a,thorit" as it deems fit to be a com#etenta,thorit" for the #,r#oses of this Cha#ter.


23/53

!e#istration

@?. ave as otherwise #rovided ,nder this Act& no #erson shall establish or maintain an"

instit,tion for #ersons with disabilities e5ce#t in accordance with a certificate ofregistration iss,ed in this behalf b" the com#etent a,thorit"6

Provided that an instit,tion for care of mentall" ill #ersons& which holds a valid licence,nder section > of the ental Health Act& $?>3 or an" other Act for the time being in

force& shall not be re0,ired to be registered ,nder this Act. 7Remar-s 6 $@ of $?>3+

"pplication #rant of certificate of re#istration

=(.7$+ Ever" a##lication for a certificate of registration shall be made to the com#etenta,thorit" in s,ch form and in s,ch manner as ma" be #rescribed b" the tate

!overnment.

7'+ 2n recei#t of an a##lication ,nder s,b/section 7$+& the com#etent a,thorit" shall ma-e

s,ch en0,iries as it ma" deem fit and on being satisfied that the a##licant has com#liedwith the re0,irements of this Act and the r,les made there ,nder& it shall grant a

certificate of registration to the a##licant and if not satisfied& the com#etent a,thorit"shall& b" order& ref,se to grant the certificate a##lied for6

Provided that before ma-ing an" order ref,sing to grant a certificate& the com#etenta,thorit" shall give the a##licant a reasonable o##ort,nit" of being heard and ever" order

of ref,sal to grant a certificate shall be comm,nicated to the a##licant in writing.

7%+ No certificate of registration shall be granted ,nder s,b/section 7'+ ,nless the

instit,tion with res#ect to which an a##lication has been made is in a #osition to #rovide

s,ch facilities and meet s,ch standards as ma" be #rescribed b" the tate !overnment.

7@+ The certificate of registration granted ,nder s,b/section 7'+6/

7a+ shall& ,nless revo-ed ,nder section =$ remain in force for s,ch #eriod as ma" be

#rescribed b" the tate !overnment*7b+ ma" be renewed from time to time for a li-e #eriod* and

7c+ shall be in s,ch form and shall be s,bect to s,ch conditions as ma" be #rescribed b"

the tate !overnment.

7=+ An a##lication for renewal of a certificate of registration shall be made not less than

si5t" da"s before the e5#ir" of the #eriod of validit".

7)+ A co#" of the certificate of registration shall be dis#la"ed b" the instit,tion in a

cons#ic,o,s #lace.

73+ Ever" a##lication made ,nder s,b/section 7$+ or s,b/section 7=+ shall be dis#osed of

b" the com#etent a,thorit" within s,ch #eriod as ma" be #rescribed b" the tate

!overnment.


24/53

!evocation of re#istration

=$. 7$+ The com#etent a,thorit" ma"& if it has reason to believe that the holder of acertificate of registration granted ,nder s,b/section 7'+ of section @? has6/

7a+ made a statement in relation to an" a##lication for the iss,e or renewal of the

certificate which is incorrect or false in material #artic,lars* or7b+ committed or has ca,sed to be committed an" breach of r,les or an" conditions

s,bect to which the certificate was granted*

it ma"& after ma-ing s,ch in0,ir"& as it deems fit& b" order& revo-e the certificate6

Provided that no s,ch order shall be made ,ntil an o##ort,nit" is given to the holder of

the certificate to show ca,se as to wh" the certificate of registration shall not be revo-ed.

7'+ Where a certificate of registration in res#ect of an instit,tion has been revo-ed ,nders,b/section 7$+& s,ch instit,tion shall cease to f,nction from the date of s,ch revocation6

Provided that where an a##eal lies ,nder section =' against the order of revocation& s,ch

instit,tion shall cease to f,nction& /

7a+ where no a##eal has been #referred immediatel" on the e5#ir" of the #eriod#rescribed for the filing of s,ch a##eal* or

7b+ where s,ch a##eal has been #referred& b,t the order of revocation has been ,#held&

from the date of the order of a##eal.

7%+ 2n the revocation of a certificate of registration in res#ect of an instit,tion& the

com#etent a,thorit" ma" direct that an" #erson with disabilit" who is an inmate of s,chinstit,tion on the date of s,ch revocation& shall be6/

7a+ restored to the c,stod" of his or her #arent& s#o,se or lawf,l g,ardian& as the case ma"

be& or

7b+ transferred to an" other instit,tion s#ecified b" the com#etent a,thorit".

7@+ Ever" instit,tion which holds a certificate of registration which is revo-ed ,nder this

section shall& immediatel" after s,ch revocation& s,rrender s,ch certificate to thecom#etent a,thorit".

"ppeal='. 7$+ An" #erson aggrieved b" the order of the com#etent a,thorit" ref,sing to grant a

certificate or revo-ing a certificate ma"& within s,ch #eriod as ma" be #rescribed b" thetate !overnment& #refer an a##eal to s,ch a##ellate a,thorit"& as ma" be notified b" the

tate !overnment against s,ch ref,sal or revocation.

7'+ The order of the a##ellate a,thorit" on s,ch a##eal shall be final.


25/53

"ct not to apply to institutions established or maintained byCentral or State (overnment.

=%. Nothing contained in this Cha#ter shall a##l" to an instit,tion for #ersons with

disabilities established or maintained b" the Central !overnment or a tate !overnment.

"ssistance to re#istered institutions

=@. The a##ro#riate !overnment ma" within the limits of their economic ca#acit" and

develo#ment& grant financial assistance to registered instit,tions to #rovide services and

to im#lement the schemes and #rogrammes in #,rs,ance of the #rovisions of the Act.

CHAPTER 10

CERTIICATI&! & $PECIIED DI$ABILITIE$

(uidelines for assessment of specified disabilities

==. The Central !overnment shall notif" g,idelines for the #,r#ose of assessing thee5tent of s#ecified disabilit" in a #erson.

Desi#nation of certifyin# authorities.

=). 7$+ The a##ro#riate !overnment shall designate #ersons& having re0,isite

0,alifications and e5#erience& as certif"ing a,thorities& who shall be com#etent to iss,e

the disabilit" certificate.

7'+ The a##ro#riate !overnment shall also notif" the ,risdiction within which and the

terms and conditions s,bect to which& the certif"ing a,thorit" shall #erform its

certification f,nctions.

Procedure for certification

=3. 7$+ An" #erson with s#ecified disabilit"& ma" a##l"& in s,ch manner as ma" be

#rescribed b" the Central !overnment & to a certif"ing a,thorit" having ,risdiction& foriss,ing of a certificate of disabilit".


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7'+ 2n recei#t of an a##lication ,nder s,b/section7l+& the certif"ing a,thorit" shall assess

the disabilit" of the concerned #erson in accordance with relevant g,idelines notified

,nder section ==& and shall& after s,ch assessment& as the case ma" be /7a+ iss,e a certificate of disabilit" to s,ch #erson& in s,ch form as ma" be #rescribed b"

the Central !overnment*

7b+ inform him in writing that he has no s#ecified disabilit".

"ppeal a#ainst a decision of certifyin# authority

=>.7$+ An" #erson aggrieved with decision of the certif"ing a,thorit"& ma" a##eal against

s,ch decision& within s,ch time and in s,ch manner as ma" be #rescribed b" the tate!overnment& to s,ch a##ellate a,thorit" as the tate !overnment ma" designate for the

#,r#ose.

7'+ 2n recei#t of an a##eal& the a##ellate a,thorit" shall decide the a##eal in s,ch manneras ma" be #rescribed b" the tate !overnment.

CHAPTER 11

CE!TRAL A!D $TATE AD)I$&R" B&ARD$ &!DI$ABILIT" A!D DI$TRICT LE)EL C&ITTEE

Constitution of Central "dvisory oard on Disability

=?.7$+ The Central !overnment shall& b" notification& constit,te a bod" to be -nown asthe Central Advisor" 4oard on Disabilit" to e5ercise the #owers conferred on& and to

#erform the f,nctions assigned to it& ,nder this Act.

7'+ The Central Advisor" 4oard shall consist of6/7a+ the inister in charge of De#artment of Disabilit" Affairs in the Central !overnment&

Chair#erson& e5 officio*

7b+ the inister of tate in charge dealing with De#artment of Disabilit" Affairs in the

inistr" in the Central !overnment& Gice Chair#erson& e5 officio*

7c+ three embers of Parliament& of whom two shall be elected b" o- abha and one b"

the Ra"a abha* embers e5 officio*

7d+ the ministers in charge of Disabilit" Affairs of all tates and Administrators orie,tenant !overnors of the Union territories& embers& e5 officio

7e+ ecretaries to the !overnment of 1ndia in charge of the inistries or De#artments ofDisabilit" Affairs& ocial 8,stice and Em#owerment& chool Ed,cation and iterac"& and

Higher Ed,cation& Women and Child Develo#ment& E5#endit,re& Personnel and


27/53

Training& Administrative Reforms and P,blic !rievances& Health and Bamil" Welfare&

R,ral Develo#ment& Pancha"ati Ra& 1nd,strial Polic" and Promotion& Urban

Develo#ment& Ho,sing and Urban Povert" Alleviation& cience and Technolog"&Comm,nications and 1nformation Technolog"& egal Affairs& P,blic Enter#rises& o,th

Affairs and #orts& Road Trans#ort and Highwa"s and Civil Aviation& embers& e5

officio*

7f+ ecretar"& Planning Commission& ember& e5 officio

7g+ Chair#erson& Rehabilitation Co,ncil of 1ndia& ember& e5 officio*

7h+ Chair#erson& National Tr,st for the Welfare of Persons with A,tism& Cerebral Pals"&

ental Retardation and ,lti#le Disabilities& ember& e5 officio*

7i+ Chairman c,m anaging Director& National Handica##ed Binance Develo#ment

Cor#oration& ember& e5 officio*

7+ Chairman c,m anaging Director& Artificial imbs an,fact,ring Cor#oration&

ember& e5 officio*

7-+ Chairman& Railwa" 4oard& ember& e5 officio*

7l+ Director/!eneral& Em#lo"ment and Training& inistr" of abo,r and Em#lo"ment&

ember& e5 officio&

7m+ Director& National Co,ncil for Ed,cational Research and Training* ember& e5

officio*

7n+ Chair#erson& National Co,ncil of Teacher Ed,cation& ember&

e5 officio*

7o+ Chair#erson& Universit" !rants Commission& ember& e5 officio*

7#+ Chair#erson& edical Co,ncil of 1ndia& ember& e5 officio*

70+ Directors of the following 1nstit,tes6 /

7i+ National 1nstit,te for the Gis,all" Handica##ed& Dehrad,n*7ii+ National 1nstit,te for the entall" Handica##ed& ec,ndrabad*

7iii+ Pandit Deen Da"al U#adh"a" 1nstit,te for the Ph"sicall" Handica##ed& New Delhi*

7iv+ Ali avar 8,ng National 1nstit,te for the Hearing Handica##ed& ,mbai*7v+ National 1nstit,te for the 2rtho#aedicall" Handica##ed& 9ol-ata*

7vi+ wami Give-ananda National 1nstit,te of Rehabilitation Training and Research&

C,ttac-*7vii+ National 1nstit,te for Em#owerment of Persons with ,lti#le Disabilities& Chennai*

7viii+ National 1nstit,te for ental Health and ciences& 4angalore*

7i5+ 1ndian ign ang,age Research and Training Centre& New Delhi.


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embers& e5 officio.

7r+ embers to be nominated b" the Central !overnment6

7i+ five embers who are e5#erts in the field of disabilit" and rehabilitation*7ii+ ten embers& as far as #racticable& being #ersons with disabilities& to re#resent Non/

!overnmental 2rganisations concerned with disabilities or disabled #ersons

organi:ations6

Provided that o,t of the ten embers nominated& at least& five ember shall be women

and at least one #erson each shall be from ched,led Castes and ched,led Tribes*7iii+ ,#to three re#resentatives of national level chambers of commerce and ind,str"&

7s+ 8oint ecretar" to the !overnment of 1ndia dealing with the s,bect of disabilit"

#olic"& ember/ecretar"& e5 officio.

erm of office of 'embers

)(.7$+ ave as otherwise #rovided ,nder this Act& a ember of the Central Advisor"

4oard nominated ,nder cla,se 7r+ of s,b/section 7'+ of section =? shall hold office for aterm of three "ears from the date of his nomination6

Provided that s,ch a ember shall& notwithstanding the e5#iration of his term& contin,e

to hold office ,ntil his s,ccessor enters ,#on his office.

7'+ The Central !overnment ma" if it thin-s fit remove an" ember nominated ,ndercla,se 7r+ of s,b/section 7'+ of section =?& before the e5#ir" of his term of office after

giving him a reasonable o##ort,nit" of showing ca,se against the same.

7%+ A ember nominated ,nder cla,se 7r+ of s,b/section 7'+ of section =? ma" at an"

time resign his office b" writing ,nder his hand& addressed to the Central !overnment

and the seat of the said ember shall there,#on become vacant.

7@+ A cas,al vacanc" in the Central Advisor" 4oard shall be filled b" a fresh nomination

and the #erson nominated to fill the vacanc" shall hold office onl" for the remainder of

the term for which the ember in whose #lace he was so nominated.

7=+ A ember nominated ,nder s,b/cla,se 7i+ or s,b/cla,se 7iii+ of cla,se 7r+ s,b/section

7'+ of section =? shall be eligible for renomination.

7)+ The embers nominated ,nder s,b/cla,se 7i+ and s,b/cla,se 7ii+ of cla,se 7r+ of s,b/

section 7'+ of section =? shall receive s,ch allowances as ma" be #rescribed b" the

Central !overnment.

Disqualification

)$.7$+ No #erson shall be a ember of the Central Advisor" 4oard& who/

7a+ is& or at an" time has been& ad,dged insolvent or has s,s#ended #a"ment of his debtsor has com#o,nded with his creditors& or

7b+ is of ,nso,nd mind and stands so declared b" a com#etent co,rt& or


29/53

7c+ is or has been convicted of an offence which& in the o#inion of the Central

!overnment& involves moral t,r#it,de& or

7d+ is or at an" time has been convicted of an offence ,nder this Act& or7e+ has so ab,sed his #osition in the o#inion of the Central !overnment as a ember so

as to render his contin,ance in the office is #re,dicial interests of the general #,blic.

/acation of seats by 'embers

7'+ No order of removal shall be made b" the Central !overnment ,nder this section

,nless the ember concerned has been given a reasonable o##ort,nit" of showing ca,se

against the same.7%+ Notwithstanding an"thing contained in s,b/section 7$+ or s,b/section 7=+ of section

)(& a ember who has been removed ,nder this section shall not be eligible for

renomination as a ember.

)'. 1f a ember of the Central Advisor" 4oard becomes s,bect to an" of thedis0,alifications s#ecified in section )$& his seat shall become vacant.

'eetin#s of the Central "dvisory oard

)%. The Central Advisor" 4oard shall meet at least once in ever" si5 months and shall

observe s,ch r,les of #roced,re in regard to the transaction of b,siness at its meetings asma" be #rescribed.

+unctions of Central "dvisory oard on disability

)@.7$+ ,bect to the #rovision of this Act& the Central Advisor" 4oard on disabilit" shallbe the national/level cons,ltative and advisor" bod" on disabilit" matters& and shall

facilitate the contin,o,s evol,tion of a com#rehensive #olic" for the em#owerment of

#ersons with disabilities and the f,ll eno"ment of rights.

7'+ 1n #artic,lar and witho,t #re,dice to the generalit" of the foregoing #rovisions& theCentral Advisor" 4oard on disabilit" shall #erform the following f,nctions& namel"6/

7a+ advise Central !overnment and tate !overnments on #olicies& #rogrammes&

legislation and #roects with res#ect to disabilit"*7b+ develo# a national #olic" to address iss,es concerning #ersons with disabilities*

7c+ review and coordinate the activities of all De#artments of the !overnment and other!overnmental and non/!overnmental 2rgani:ations which are dealing with mattersrelating to #ersons with disabilities*

7d+ ta-e ,# the ca,se of #ersons with disabilities with the concerned a,thorities and the

international organi:ations with a view to #rovide for schemes and #roects for the#ersons with disabilities in the national #lans*


30/53

7e+ recommend ste#s to ens,re accessibilit"& reasonable accommodation& non/

discrimination for #ersons with disabilities vis/I/vis information& services and the b,ilt

environment and their #artici#ation in social life*7f+ monitor and eval,ate the im#act of laws& #olicies and #rogrammes to achieve f,ll

#artici#ation of #ersons with disabilities* and

7g+ s,ch other f,nctions as ma" be assigned from time to time b" the Central!overnment.

State "dvisory oard on disability

)=.7$+ Ever" tate !overnment shall& b" notification& constit,te a bod" to be -nown asthe tate Advisor" 4oard on disabilit" to e5ercise the #owers conferred on& and to

#erform the f,nction assigned to it& ,nder this Act.

7'+ The tate Advisor" 4oard shall consist of6/

7a+ the inister in charge of the De#artment in the tate !overnment dealing withdisabilit" matters& Chair#erson& e5 officio*

7b+the inister of tate or the De#,t" inister in charge of the De#artment in the tate!overnment dealing with disabilit" matters& if an"& Gice/Chair#erson& e5 officio*

7c+ secretaries to the tate !overnment in charge of the De#artments of Disabilit"

Affairs& chool Ed,cation& iterac" and Higher Ed,cation& Women and ChildDevelo#ment& Binance& Personnel and Training& Health and Bamil" Welfare& R,ral

Develo#ment& Pancha"ati Ra& 1nd,strial Polic" and Promotion& abo,r and Em#lo"ment&

Urban Develo#ment& Ho,sing and Urban Povert" Alleviation& cience and Technolog"&1nformation Technolog"& P,blic Enter#rises& o,th Affairs and #orts& Road Trans#ort

and an" other De#artment& which the tate !overnment considers necessar"& embers&

e5 officio*7d+ three embers of the tate egislat,re of whom two shall be elected b" the

egislative Assembl" and one b" the egislative Co,ncil& if an" and where there is no

egislative Co,ncil& three embers shall be elected b" the egislative Assembl"&

embers& e5 officio*7e+ embers to be nominated b" the tate !overnment6/

7i+ five embers who are e5#erts in the field of disabilit" and rehabilitation*

7ii+ five embers to be nominated b" the tate !overnment b" rotation to re#resent thedistricts in s,ch manner as ma" be #rescribed6

Provided that no nomination ,nder this s,b/cla,se shall be made e5ce#t on the

recommendation of the district administration concerned*

7iii+ ten #ersons as far as #racticable& being #ersons with disabilities& to re#resent Non!overnmental 2rganisations or associations which are concerned with disabilities6

Provided that o,t of the ten #ersons nominated ,nder this cla,se& at least& five shall bewomen and at least one #erson each shall be from the ched,led Castes and the

ched,led Tribes*

7iv+ not more than three re#resentatives of the tate Chamber of Commerce and 1nd,str"*


31/53

7f+ officer not below the ran- of 8oint ecretar" in the De#artment dealing with

disabilit" matters in the tate !overnment& ember/ecretar"& e5 officio.

erms and conditions of service of 'embers

)).7$+ ave as otherwise #rovided ,nder this Act& a ember of tate Advisor" 4oard

nominated ,nder cla,se 7e+ of s,b section ' of section )= shall hold office for a term of

three "ears from the date of his nomination6Provided that s,ch a ember shall& notwithstanding the e5#iration of his term& contin,e

to hold office ,ntil his s,ccessor enters ,#on his office.

7'+ The tate !overnment ma" if it thin-s fit remove an" ember nominated ,nder

cla,se 7e+ of s,b/section 7'+ of section )=& before the e5#ir" of his term of office after

giving him a reasonable o##ort,nit" of showing ca,se against the same.

7%+ A ember nominated ,nder cla,se 7e+ of s,b/section 7'+ of section )= ma" at an"time resign his office b" writing ,nder his hand& addressed to the tate !overnment and

the seat of the said ember shall there,#on become vacant.

7@+ A cas,al vacanc" in the tate Advisor" 4oard shall be filled b" a fresh nomination

and the #erson nominated to fill the vacanc" shall hold office onl" for the remainder ofthe term for which the ember in whose #lace he was so nominated.

7=+ A ember nominated ,nder s,b/cla,se 7i+ or s,b/cla,se 7iii+ of cla,se 7e+ of s,b/section 7'+ of section )= shall be eligible for renomination.

7)+ the embers nominated ,nder s,b/cla,se 7i+ and s,b/cla,se 7ii+ of cla,se 7e+ s,b/section 7'+ of section )= shall receive s,ch allowances as ma" be #rescribed b" the tate

!overnment.

Disqualification

)3.7 $+ No #erson shall be a ember of the tate Advisor" 4oard& who/

7a+ is& or at an" time has been& ad,dged insolvent or has s,s#ended #a"ment of his debtsor has com#o,nded with his creditors& or

7b+ is of ,nso,nd mind and stands so declared b" a com#etent co,rt& or

7c+ is or has been convicted of an offence which& in the o#inion of the tate !overnment&

involves moral t,r#it,de& or

7d+ is or at an" time has been convicted of an offence ,nder this Act& or7e+ has so ab,sed in the o#inion of the tate !overnment his #osition as a ember as to

render his contin,ance in the tate Advisor" 4oard detrimental to the interests of thegeneral #,blic.

7'+ No order of removal shall be made b" the tate !overnment ,nder this section ,nlessthe ember concerned has been given a reasonable o##ort,nit" of showing ca,se against

the same.


32/53

7%+ Notwithstanding an"thing contained in s,b/section 7$+ or s,bJsection 7=+ of section

))& a ember who has been removed ,nder this section shall not be eligible forrenomination as a ember.

/acation of seats

)>. 1f a ember of the tate Advisor" 4oard becomes s,bect to an" of thedis0,alifications s#ecified in section )3 his seat shall become vacant.

'eetin#s of State "dvisory oard on disability

)?. The tate Advisor" 4oard shall meet at least once in ever" si5 months and shall

observe s,ch r,les or #roced,re in regard to the transaction of b,siness at its meetings asma" be #rescribed b" the tate !overnment.

+unctions of State "dvisory oard on disability

3(.7$+ ,bect to the #rovisions of this Act& the tate Advisor" 4oard shall be the tate/level cons,ltative and advisor" bod" on disabilit" matters& and shall facilitate the

contin,o,s evol,tion of a com#rehensive #olic" for the em#owerment of #ersons with

disabilities and the f,ll eno"ment of rights.

7'+ 1n #artic,lar and witho,t #re,dice to the generalit" of the foregoing #rovisions& the

tate Advisor" 4oard on disabilit" shall #erform the following f,nctions namel"6/

7a+ advise tate !overnment on #olicies& #rogrammes& legislation and #roects withres#ect to disabilit"*

7b+ develo# a tate #olic" to address iss,es concerning #ersons with disabilities*7c+ review and coordinate the activities of all De#artments of the tate !overnment and

other !overnmental and Non/!overnmental 2rgani:ations in the tate which are dealing

with matters relating to #ersons with disabilities.

7d+ ta-e ,# the ca,se of #ersons with disabilities with the concerned a,thorities and theinternational organi:ations with a view to #rovide for schemes and #roects for. the

#ersons with disabilities in the tate #lans*

7e+ recommend ste#s to ens,re accessibilit"& reasonable accommodation& non/discrimination for #ersons with disabilities& services and the b,ilt environment and their

#artici#ation in social life on an e0,al basis with others*7f+ monitor and eval,ate the im#act of laws& #olicies and #rogrammes designed to achievef,ll #artici#ation of #ersons with disabilities* and

7g+ s,ch other f,nctions as ma" be assigned from time to time b" the tate !overnment.


33/53

District-level Committee on disability

3$. The tate !overnment shall constit,te the District/level Committee on disabilit" to

#erform s,ch f,nctions as ma" be #rescribed b" it.

/acancies not to invalidate proceedin#s3'. No act or #roceeding of the Central Advisor" 4oard on disabilit"& a tate Advisor"

4oard on disabilit"& or a District/evel Committee on disabilit" shall be called in

0,estion on the gro,nd merel" of the e5istence of an" vacanc" in or an" defect in theconstit,tion of s,ch 4oard or Committee as the case ma" be.

CHAPTER 12

!ATI&!AL C&I$$I&! &R PER$&!$ -ITH

DI$ABILITIE$

Constitution of &ational Commission for persons ithdisabilities

3%.7 $+ The Central !overnment shall& b" notification& constit,te a bod" to be -nown as

the National Commission for #ersons with disabilities to e5ercise the #owers conferred

,#on and to #erform the following f,nctions& namel"6/

7a+ identif"& s,o mot, or otherwise& #rovisions of an" law& #olicies& #rogrammes and#roced,res& which are inconsistent with this Act& and recommend necessar" corrective

ste#s*7b+ in0,ire& s,o mot, or otherwise with res#ect to de#rivation of rights of #ersons withdisabilities and safeg,ards available to them in res#ect of matters for which the Central

!overnment is the a##ro#riate !overnment and ta-e ,# the matter with the a##ro#riate

a,thorities for corrective action*7c+ review the safeg,ards #rovided b" or ,nder this Act or an" other law for the time

being in force for the #rotection of rights of #ersons with disabilities and recommend

meas,res for their effective im#lementation*7d+ review the factors that inhibit the eno"ment of rights of #ersons with disabilities and

recommend a##ro#riate remedial meas,res*

7e+ st,d" treaties and other international instr,ments on the rights of #ersons with

disabilities and ma-e recommendations for their effective im#lementation*7f+ ,nderta-e and #romote research in the field of the rights of #ersons with disabilities*

7g+ #romote awareness of the rights of #ersons with disabilities and the safeg,ards

available for their #rotection*7h+ monitor im#lementation of the #rovisions of this Act and schemes& #rogrammes

meant for #ersons with disabilities*

7i+ monitor ,tili:ation of f,nds disb,rsed b" the Central !overnment for the benefit of#ersons with disabilities* and


34/53

7+ s,ch other f,nctions as the Central !overnment ma" assign.

7'+ The National Commission shall consist of a Chair#erson who is a #erson of eminencewith a disting,ished record of service of not less than twent"/five "ears in the field of

disabilit"& and two embers with disting,ished record of service of not less than twent"

"ears in the field of rehabilitation& advocac"& law& management and technolog"concerning disabilit" matters6

Provided that o,t of the two embers& one ember shall be a #erson with disabilit".7%+ The head office of the National Commission shall be in the National Ca#ital Region&

Delhi.

Selection and appointment of Chairperson and 'embers

[email protected]$+ The Central !overnment shall& for the #,r#ose of selection of the Chair#erson andthe embers of the National Commission& constit,te a election Committee consisting

of/7a+ Cabinet ecretar"/Chair#erson*

7b+ ecretar" in charge of the inistr" or the De#artment res#onsible for administrationof this Act as the convener/ember*

7c+ ecretar" in charge of the inistries or the De#artments of the Central !overnment

dealing with health and #ersonnel/ embers*7d+ two e5#erts in the field of em#owerment and rehabilitation of #ersons with disabilit"

matters as ma" be nominated b" the Central !overnment/ embers.

7'+ The Central !overnment shall& within two months from the date of occ,rrence of an"

vacanc" b" reason of death& resignation or removal of the Chair#erson or a ember of

National Commission and three months before the s,#erann,ation or com#letion of theterm of office of the Chair#erson or an" ember of that Commission& ma-e a reference

to the election Committee for filling ,# of the vacanc".

7%+ The election Committee shall finalise the selection of the Chair#erson and embersof the National Commission within two months from the date on which the reference is

made to it.

7@+ The election Committee shall recommend a #anel of two names for ever" vacanc"referred to it.

7=+ The election Committee& before recommending an" #erson for a##ointment as a

Chair#erson or other ember of the National Commission& shall satisf" itself that s,ch

#erson does not have an" financial or other interest& which is li-el" to affect #re,diciall"his f,nctions as a ember.

7)+ No a##ointment of the Chair#erson or other ember of the National Commission

shall be invalid merel" b" reason of an" vacanc" in the election Committee.


35/53

erm of office of Chairperson and 'embers

3=.7$+ The Chair#erson and a ember of the National Commission shall of Chair#erson

hold office for a term of three "ears from the date on which he enters ,#on his andembers. office or ,ntil he attains the age of si5t"/ five "ears& whichever is earlier and

shall be eligible for rea##ointment for another term of three "ears.

7'+ Notwithstanding an"thing contained in s,b section 7$+& the Chair#erson or an"ember ma"/

7a+ relin0,ish his office b" giving in writing to the Central !overnment a notice of not

less than three months* or

7b+ be removed from his office in accordance with the #rovisions of section 3).

!emoval of Chairperson and 'embers

3).7$+ Notwithstanding an"thing contained in s,b/section 7$+ of section 3=& the Central

!overnment ma"& b" order& remove from office the Chair#erson or an" other embers& ifthe Chair#erson or as the case ma" be& s,ch other ember&/

7a+ has been ad,dged an insolvent* or7b+ has been convicted of an offence which& in the o#inion of the Central !overnment&

involves moral t,r#it,de* or7c+ has become #h"sicall" or mentall" inca#able of acting as a ember* or

7d+ has ac0,ired s,ch financial or other interests as is li-el" to affect #re,diciall" his

f,nctions as a ember* or7e+ has so ab,sed his #osition as to render his contin,ance in office #re,dicial to the

#,blic interest.

7'+ No ember shall be removed ,nder cla,ses 7d+ and 7e+ of s,b/section 7$+ ,nless hehas been given a reasonable o##ort,nit" of being heard in the matter.

'ember to act as Chairperson or to dischar#e his functions incertain circumstances

33.7$+ 1n the event of an" vacanc" in the office of the Chair#erson b" reason of his death&resignation or otherwise& the Central !overnment ma" designate the senior most ember

to act as the Chair#erson ,ntil the da" on which a Chair#erson& a##ointed in accordance

with the #rovisions of this Act to fill s,ch vacanc"& enters ,#on his office.

7'+ When the Chair#erson is ,nable to discharge his f,nctions owing to absence& illness

or an" other ca,se& the Central !overnment ma" a,thorise the senior most ember to

discharge the f,nctions of the Chair#erson ,ntil the date on which the Chair#ersonres,mes his d,ties.

7%+ The senior/most ember designated to act ,nder s,b/section 7$+ or to dischargef,nctions of the Chair#erson ,nder s,b/section 7'+& of the Chair#erson shall contin,e to

draw salar" and allowances of a ember.


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erms and conditions of service of Chairperson and 'embers

3>. The salaries and allowances #a"able to& and the other terms and conditions of service

of& the Chair#erson and embers of the National Commission shall be s,ch as ma" be#rescribed b" the Central !overnment6

Provided that neither the salar" and allowances nor the other terms and conditions of

service of the Chair#erson or a ember shall be varied to his disadvantage after hisa##ointment.

/acancies, etc. not to invalidate the proceedin#s of &ationalCommission

3?. No act or #roceeding of the National Commission shall be invalid merel" b" reason

of6/

7a+ an" vacanc" in& or an" defect in the constit,tion of& the National Commission* or7b+ an" defect in the a##ointment of a #erson acting as a ember of the National

Commission* or

7c+ an" irreg,larit" in the #roced,re of the National Commission not affecting the merits

of the case.

Procedure for &ational Commission

>(.7$+ The National Commission shall meet at s,ch time and #lace as the Chair#erson

ma" thin- fit.

7'+ ,bect to the #rovisions of this Act and the r,les made there ,nder& the National

Commission shall have the #ower to la" down& b" reg,lations& its own #roced,re.

7%+ All orders and decisions of the National Commission shall be a,thenticated b" the

ecretar" or an" other officer of the National Commission d,l" a,thorised b" the

Chair#erson in this behalf.

)fficers and other staff of &ational Commission

>$.7$+ The Central !overnment shall ma-e available to the National Commission an

officer of the ran- of an Additional ecretar" to the !overnment of 1ndia who shall be the

ecretar" to the National Commission.

7'+ ,bect to s,ch r,les as ma" be made b" the Central !overnment in this behalf& theNational Commission ma" a##oint s,ch other administrative and technical officers and

staff as it ma" consider necessar".7%+ The salaries& allowances and conditions of service of the officers and other staff

a##ointed ,nder s,b/section 7'+ shall be s,ch as ma" be #rescribed b" the Central

!overnment.


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ransfer of service of existin# employees

>'. ,bect to the #rovisions of this Act& ever" #erson em#lo"ed in the 2ffice of Chief

Commissioner for #ersons with disabilities constit,ted ,nder section =3 of the Personswith Disabilities 7E0,al 2##ort,nities& Protection of Rights and B,ll Partici#ation+ Act&

$??= immediatel" before the date of establishment of the National Commission shall& on

and from s,ch date& become an em#lo"ee of the National Commission with s,chdesignation as the National Commission ma" determine and shall hold his office or

service therein b" the same ten,re& at the same rem,neration and ,#on the same terms

and conditions as he wo,ld have held on s,ch date if the National Commission had not

been established and shall contin,e to do so ,nless and ,ntil his em#lo"ment in theNational Commission is terminated or ,ntil s,ch ten,re& rem,neration and terms and

conditions are d,l" altered b" the National Commission6 7Remar-s 6 $ of $??)+

Provided that the ten,re& rem,neration and terms and conditions of service of an" s,ch

#erson shall not be altered to his disadvantage witho,t the #revio,s a##roval of the

Central !overnment.

"ction by appropriate authorities on recommendation of the&ational Commission

>%. Whenever the National Commission ma-es a recommendation to an a,thorit" in

#,rs,ance of cla,se 7b+ of s,b/section 7$+ of section 3%& that a,thorit" shall ta-enecessar" action on it& and inform the Commission of the action ta-en within three

months from the date of recei#t of the recommendation6

Provided that where an a,thorit" does not acce#t a recommendation& it shall conve"

reasons for non acce#tance to the National Commission within the #eriod of three

months& and shall also inform the aggrieved #erson.

&ational Commission to have certain poers of civil court

>@.7$+ The National Commission shall& for the #,r#ose of discharging its f,nctions ,nder

this Act& have the same #owers of a civil co,rt as are vested in a co,rt ,nder the Code of

Civil Proced,re& $?(> while tr"ing a s,it& in res#ect of the following matters& namel"6/7Remar-s 6 = of $??>+

7aK s,mmoning and enforcing the attendance of witnesses*

7b+ re0,iring the discover" and #rod,ction of an" doc,ment*

7c+ re0,isitioning an" #,blic record or co#" thereof from an" co,rt or office*7d+ receivi

Disabilities Bill-2013

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Transcript of Disabilities Bill-2013