RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017
Published vide Notification No. G.S.R. 591(E), dated 15th June, 2017
G.S.R. 591(E).—Whereas a draft of the Rights of Persons with Disabilities Rules, 2017 was published as required by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i)videnumber G.S.R. 398 (E), dated the 21stApril, 2017, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;
And whereas the copies of theOfficial Gazettein which the said notification was published were made available to the public on the 22ndApril, 2017;
(1) These rules may be called the Rights of Persons with Disabilities Rules, 2017.
(2) They extend to the whole of India.
(3) They shall come into force from the date of their publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires,-
(a)"Act"means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);
(b)"certificate"means a certificate of disability issued under section 57 of the Act;
(c)"Form"means a form appended to these rules.
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
(1) The head of the establishment shall ensure that the provision of sub-section (3) of section 3 of the Act are not misused to deny any right or benefit to persons with disabilities covered under the Act.
(2) If the head of the Government establishment or a private establishment employing twenty or more persons receives a complaint from an aggrieved persons regarding discrimination on the ground of disability, he shall -
(a) initiate action in accordance with the provisions of the Act; or
(b) inform the aggrieved person in writing as to how the impugned act or omission is a proportionate means of achieving a legitimate aim.
(3) If the aggrieved person submits a complaint to the Chief Commissioner or State Commissioner for Persons with Disabilities,
The Rights of Persons with Disabilities Rules, 2017 (R.3) are framed under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) to operationalize the statutory provisions ensuring rights, entitlements, and non-discrimination for persons with disabilities (PwD). Section R.3 specifically pertains to the obligations of authorities and establishments in implementing reservation, non-discrimination, and accommodation measures for PwD. It emphasizes the importance of proactive and effective measures to realize the constitutional and international commitments towards inclusive participation of PwD in society.
Section R.3 mandates that all government and private establishments shall ensure:- Non-discrimination on grounds of disability.- Implementation of reservation policies as per statutory and policy guidelines.- Provision of reasonable accommodation tailored to individual needs.- Maintenance of accessible environments and facilities.- Strict adherence to reservation quotas in recruitment, promotion, and admission processes.- Monitoring and reporting compliance.- Penalties for violations and non-compliance.
Discrimination - Section R.3 enforces non-discrimination on grounds of disability, aligning with constitutional mandates under Articles 14, 15, and 21, and international obligations under CRPD. It emphasizes proactive measures to prevent arbitrary denial of rights. [Source: "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala", "Durgesh Kumar S/o Sri Raj Kumar Gupta vs State of Bihar", "Rakshit Yadav VS University College of Medical Sciences"]
Reservation - It mandates strict adherence to reservation quotas (minimum 4%) in all government and private establishments, ensuring reservation is a right, not a privilege, and must be based on identified posts and vacancies. [Source: "National Federation of The Blind VS Govt. Of NCT of Delhi", "Vijay Kumar VS Travancore Devaswom Board-TDB Represented By the Principle Secretary Department of Devaswom", "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat"]
Reasonable Accommodation - The section underscores the obligation to provide tailored accommodations, including assistive devices, accessible infrastructure, and flexible policies, to ensure effective participation of PwD, reflecting international standards and CRPD principles. [Source: "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala", "Yogesh Kumar Saini VS State of Rajasthan", "Durgesh Kumar S/o Sri Raj Kumar Gupta vs State of Bihar"]
Accessibility Norms - It mandates compliance with prescribed accessibility standards in physical environment, transport, communication, and digital platforms, to uphold the right to access and dignity. [Source: "Akshat Baldwa VS Yash Raj Films", "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "B. Muralidhar vs Sreesan A Gopinath"]
Monitoring and Reporting - Establishes the duty of authorities to monitor implementation, maintain records, and submit compliance reports periodically, fostering transparency and accountability. [Source: "Rakshit Yadav VS University College of Medical Sciences", "Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak", "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC"]
Penalties and Enforcement - Provides for penalties including imprisonment and fines for violations, ensuring deterrence against discriminatory practices and non-compliance. [Source: "", "Durgesh Kumar S/o Sri Raj Kumar Gupta vs State of Bihar", "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC"]
Private Sector Obligation - Extends responsibilities to private employers, mandating equal opportunity policies, appointment of liaison officers, and compliance with accessibility norms, aligning with the social model of disability. [Source: "Jane Kaushik VS Union Of India", "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala"]
Reservation in Education - Ensures reservation in higher education institutions, including medical colleges, with guidelines on eligibility thresholds (minimum 40% disability) and certification standards. [Source: "Mohan G Bhagwanani (deceased) VS Manager, State Bank of IndiaM/s Moolchand HospitalM/s Care Hands Health. ServicesDr Sundri G. Bhagwanani D/o Late Gopal Dass Moolraj BhagwananiGovernment of NCT of Delhi (Department of Social Welfare)", "Sena Khokhar D/o. Shri Ramchandra Khokhar VS State of Rajasthan, Through Its Secretary, Department of Medical and Health, Government of Rajasthan", "Rakshit Yadav vs University College of Medical Sciences"]
Certification and Evaluation - Emphasizes the importance of valid, credible certification of disability, issued in accordance with Rules 18 and 19 of the Rules, and the need for periodic review and validation of certificates. [Source: "Sena Khokhar D/o. Shri Ramchandra Khokhar VS State of Rajasthan, Through Its Secretary, Department of Medical and Health, Government of Rajasthan", "Rakshit Yadav VS University College of Medical Sciences", "Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak"]
Implementation of International Commitments - The Rules reinforce the obligation to give effect to the UNCRPD, requiring state and private entities to create an inclusive environment and eliminate barriers. [Source: "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC", "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala"]
Inclusivity in Recruitment and Promotion - Mandates that vacancies reserved for PwD are filled from eligible candidates, with transparent procedures, and that backlog vacancies are identified and filled in a time-bound manner. [Source: "Alok Ranjan VS National Medical Commission", "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Vijay Kumar VS Travancore Devaswom Board-TDB Represented By the Principle Secretary Department of Devaswom"]
Protection of Rights - Section R.3 emphasizes the legal right of PwD to participate equally, with statutory backing for grievance redressal, and penalties for violations, ensuring enforceability of rights. [Source: "", "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC", "Durgesh Kumar S/o Sri Raj Kumar Gupta vs State of Bihar"]
Intersectional Approach - Recognizes that disability discrimination intersects with other social disadvantages, requiring a holistic and inclusive approach in policy and practice. [Source: "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala"]
Promotion of Awareness and Sensitization - The Rules advocate for capacity building, training of personnel involved in recruitment, service delivery, and media to foster inclusive attitudes and dispel stereotypes. [Source: "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala"]
Legal Remedies - Provides for judicial review, compensation, and punitive measures against entities violating the provisions, reinforcing the normative strength of the Rules. [Source: "", "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC"]
Alignment with Constitutional and International Law - The Rules are designed to give effect to Articles 14, 15, 16, 21 of the Constitution and the CRPD, embedding the principles of equality, non-discrimination, accessibility, and participation. [Source: "Yogesh Kumar Saini S/o. Samay Singh Saini VS State of Rajasthan, Through its Secretary, Education Department, Govt. of Rajasthan, Government Secretariat", "Jomy Joseph, S/o. Joseph Vadassery VS State Of Kerala", "Gyamar Tana S/o Lt. Gyamar Tamu vs APPSC"]
Dynamic and Evolving Standards - Recognizes the need for periodic updates to standards and guidelines, ensuring the framework remains responsive to technological advances and societal changes. [Source: "01700064407", "B. Muralidhar vs Sreesan A Gopinath", "Nipun Malhotra vs Government of NCT of Delhi"]
Section R.3 of the Rights of Persons with Disabilities Rules, 2017, embodies a comprehensive legal framework that mandates proactive, inclusive, and non-discriminatory measures for the empowerment of PwD. It aligns domestic law with international commitments, emphasizing the importance of reservation, reasonable accommodation, accessibility, and accountability. The section seeks to foster an environment where disability is understood as a social construct, and barriers are systematically addressed, ensuring full participation and dignity for all persons with disabilities. Its effective implementation is crucial for realizing the constitutional and human rights of PwD in India.
Note: This legal commentary synthesizes the provisions, judicial interpretations, and principles derived from the cited sources to provide a comprehensive understanding of Section R.3 of the Rights of Persons with Disabilities Rules, 2017.
(1) The Central Committee for Research on Disability shall consist of the following persons, namely:-
(i) an eminent person having vast experience in the field of science or medicine, to be nominated by the Central Government,ex officio- Chairperson;
(ii) nominee of the Director General of Health Services not below the rank of Deputy Director General - Member;
(iii) four persons drawn from National Institutes representing physical, visual, hearing and intellectual disabilities, to be nominated by the Central Government - Members;
(iv) five persons as representatives of the registered organisations, from each of the five groups of specified disabilities in the Schedule to the Act, to be nominated by the Central Government - Members:
&n
No person with disability shall be a subject of research except when the research involves physical impact on his body.
Section R.5 of the Rights of Persons with Disabilities Rules, 2017, primarily deals with the procedural and administrative aspects related to the rights and entitlements of persons with disabilities, including provisions for official allowances and the functioning of committees involved in the implementation of the Act. It emphasizes the importance of ensuring non-discrimination, proper record-keeping, and administrative support to facilitate the rights of persons with disabilities.
Section R.5 stipulates that non-official members and special invitees involved in committees or meetings related to persons with disabilities shall be entitled to travelling and daily allowances equivalent to those admissible to Group "A" officers. It underscores the administrative provisions for allowances and the operational framework for committees tasked with implementing the Act.
This section applies to all committees, meetings, or forums constituted under the Rules for the purpose of implementing, monitoring, or advising on matters related to persons with disabilities across India. It ensures that non-official participants are adequately supported financially to participate effectively.
The Rules do not specify any punitive measures directly linked to violations of Section R.5. However, violations related to non-compliance with administrative provisions or misuse of allowances could attract penalties under the broader provisions of the Act or Rules, such as penalties for non-compliance with the Act's provisions or misappropriation of funds.
Note: The analysis is based on the available sources, primarily focusing on the administrative and procedural aspects of Section R.5, as specific legal interpretations or case laws directly related to this section are limited in the provided references.
For the purposes of dealing with the complaints under section 7 of the Act, the Executive Magistrate shall follow the procedure provided in sections 133 to 143 of the Code of Criminal Procedure, 1973 (2 of 1974).
There shall be a nodal officer in the District Education Office to deal with all matters relating to admission of children with disabilities and the facilities to be provided to them in schools in accordance with the provisions of sections 16 and 31 of the Act.
(1) Every establishment shall publish equal opportunity policy for persons with disabilities.
(2) The establishment shall display the equal opportunity policy preferably on their website, failing which, at conspicuous places in their premises.
(3) The equal opportunity policy of a private establishment having twenty or more employees and the Government establishments shallinter alia, contain the following, namely:-
(a) facility and amenity to be provided to the persons with disabilities to enable them to effectively discharge their duties in the establishment;
(b) list of posts identified suitable for persons with disabilities in the establishment;
(c) the manner of selection of persons with disabilities
(1) Every establishment covered under sub-rule (3) of rule 8 shall maintain records containing the following particulars, namely:-
(a) the number of persons with disabilities who are employed and the date from when they are employed;
(b) the name, gender and address of persons with disabilities;
(c) the nature of disability of such persons;
(d) the nature of work being rendered by such employed person with disability; and
(e) the kind of facilities being provided to such persons with disabilities.
(2) Every establishment shall produce for inspection on demand, records maintained under these rules, to the authorities under this Act and shall supply such information which may be required for the purpose
(1) Every Government establishment shall appoint an officer not below the rank of a Gazetted Officer as Grievance Redressal Officer:
Provided that where it is not possible to appoint any Gazetted Officer, the Government establishment may appoint the senior most Officer as a Grievance Redressal Officer.
(2) The Grievance Redressal Officer shall maintain a register of complaints of persons with disabilities with the following particulars, namely:-
(a) date of complaint;
(b) name of complainant;
(c) name of the person who is enquiring the complaint;
(d) place of incident;
(e) the name of establishment or person against
(1) For the purposes of computation of vacancies, four percent of the total number of vacancies including vacancies arising in the identified and non-identified posts in the cadre strength in each group of posts shall be taken into account by the appropriate Government for the persons with benchmark disabilities:
Provided that the reservation in promotion shall be in accordance with the instructions issued by the appropriate Government from time to time.
(2) Every Government establishment shall maintain a vacancy based roster for the purpose of calculation of vacancies for persons with benchmark disabilities in the cadre strength as per the instructions issued by the appropriate Government from time to time.
(3) While making advertisement to fill up vacancies, every Government establishment sh
The Government establishment shall interchange vacancies in accordance with the provisions of section 34 of the Act, only if due process of recruitment to fill up the vacancies reserved for persons with benchmark disabilities has been complied with.
(1) Every Government establishment shall furnish to the local special employment exchange returns in Form - I once in every six months for the period from 1stApril to 30thSeptember and from 1stOctober to 31stMarch, and in Form -II once in every two years.
(2) The six monthly return shall be furnished within thirty days of the respective dates which is, 31stMarch and, 30thSeptember of every financial year.
(3) The two yearly return shall be furnished within thirty days of the closing of every alternate financial year:
Provided that the first two yearly returns shall be furnished for the financial year closing on 31stMarch, 2019.
Every Government establishment shall maintain the record of employees with disabilities in Form - III.
(1) Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology, namely :-
(a) standard for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban Development in March, 2016;
(b) standard for Bus Body Code for transportation system as specified in the notification of the Government of India in the Ministry of Road Transport and Highways,videnumber G.S.R. 895(E), dated the 20thSeptember, 2016;
(c) Information and Communication Technology-
(i) website standard as specified in the guidelines for India
The Central Government shall review from time to time the accessibility standards notified based on the latest scientific knowledge and technology.
(1) Any person with specified disability may apply in Form -IV for a certificate of disability and submit the application to -
(a) a medical authority or any other notified competent authority to issue such a certificate in the district of residence of the applicant as mentioned in the proof of residence in the application; or
(b) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability:
Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian or by any organisation registered under the Act having the mino
(1) On receipt of an application under rule 17, the medical authority or any other notified competent authority shall, verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability, issue a certificate of disability in his favour in Form V, VI and VII, as the case may be.
(2) The medical authority shall issue the certificate of disability within a month from the date of receipt of the application.
(3) The medical authority shall, after due examination -
(i) issue a permanent certificate of disability in cases where there are no chances of variation of disability over time in the degree of disability; or
A person to whom the certificate issued under rule 18 shall be entitled to apply for facilities, concessions and benefits admissible for persons with disabilities under schemes of the Government and of non-Governmental organizations funded by the Government.
The certificate of disability issued under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall continue to be valid after commencement of the Act for the period specified therein.
(1) The non-official members of the Central Advisory Board, in Delhi, shall be paid an allowance of rupees two thousand per day for each day of the actual meeting.
(2) The non-official members of the Central Advisory Board, not residing in Delhi shall be paid daily allowance and travelling allowance for each day of the actual meeting at the rate admissible to a Group "A" officer of the Central Government:
Provided that in case a Member of Parliament who is a Member of the Central Advisory Board, the daily allowance and travelling allowance shall be paid at the rate admissible to him as Member of Parliament when the Parliament is not in session and on production of a certificate by the Member that he has not drawn any such allowance for the same journey and halts from any other Government source.
(3) The official member of the Central
(1) The meeting of the Central Advisory Board on disability shall ordinarily be held in New Delhi on such dates as may be fixed by the Chairperson:
Provided that it shall meet at least once in every six months.
(2) The Chairperson shall, on the written request of not less than ten members of the Central Advisory Board, call a special meeting of the Board.
(3) The Member -Secretary shall give fifteen clear days' notice of an ordinary meeting and five clear days' notice of a special meeting specifying the time and the place at which such meeting is to be held and the business to be transacted thereat.
(4) The Member-Secretary may give notice to the members by delivering the same by messenger or sending it by registered post to his last known place of
The Chairperson shall preside over every meeting of the Central Advisory 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 over that meeting.
(1) One-third of the total members of the Central Advisory Board shall form the quorum for any meeting.
(2) If time fixed for any meeting or during the course of any meeting, less than one-third of the total members are present, the Chairperson may adjourn the meeting to such hours on the following or on some other future date as he may fix.
(3) No quorum shall be necessary for the adjourned meeting.
(4) No matter, which had not been on the agenda of the ordinary or the special meeting, as the case may be, shall be discussed at adjourned meeting.
(1) The Member-Secretary shall maintain the record containing the names of members who attended the meeting and of the proceedings at the meetings in a book to be kept for that purpose.
(2) 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.
(3) The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours.
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 (5) of rule 22 shall be transacted at any meeting.
(1) The business of the meeting 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.
(2) At the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, the 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.
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 member presiding at the meeting, as the case may be, shall have a second or casting vote.
No proceeding of the Central Advisory Board shall be invalid by reason of existence of any vacancy in or any defect in the constitution of the Board.
No person shall be eligible for appointment as Chief Commissioner, unless -
(a) he is a Graduate from a recognized University:
Provided that preference shall be given to persons having recognised degree or diploma in social work or law or management or human rights or rehabilitation or education of persons with disabilities;
(b) he is having experience of at least twenty-five years in a Group "A" level post in the Central Government or a State Government or a public sector undertaking or a semi Government or an autonomous body dealing with disability related matters or social sector or as a senior level functionary in registered national and international voluntary organizations in the field of disability or social development:
Provided that out of
No person shall be eligible for appointment as Commissioner, unless-
(a) he is a Graduate from a recognized University:
Provided that preference shall be given to persons having recognised degree or diploma in social work or law or management or human rights or rehabilitation or education of persons with disabilities.
(b) he is having at least twenty years experience in a Group "A" level post in the Central Government or a State Government or a public sector undertaking or a semi Government or an autonomous body dealing with disability related matters or social sector or as senior level functionary in registered national and international voluntary organizations in the field of disability or social development; and
(c) he has not attained the age of fifty-six years as on 1stJanuary of the
(1) The Central Government shall, six months before the post of Chief Commissioner is due to fall vacant, advertise in at least two national level dailies each in English and Hindi inviting applications for the post from eligible candidates fulfilling the qualifications specified in rules 30 and 31.
(2) A search-cum-selection committee shall be constituted to recommend a panel of three suitable candidates for the post of the Chief Commissioner or the Commissioner.
(3) The search-cum-selection committee shall be constituted in accordance with the instructions issued by the Government from time to time.
(4) The panel recommended by the committee may consist of persons from amongst those who have applied in response to the advertisement mentioned in sub-rule (1) and other eligible persons whom th
(1) The term of office of Chief Commissioner shall be 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.
(2) The term of office of the Commissioner shall be for a period of three years and may be extended for a period of another two years or till he attains the age of sixty years, whichever is earlier.
(3) A person may serve as Chief Commissioner or Commissioner for a maximum period of two terms subject to the condition that he has not attained the age of sixty-five years, or sixty years, respectively.
(1) The Chief Commissioner shall be entitled for the salary and allowances as admissible to a Secretary to the Government of India.
(2) The Commissioner shall be entitled for the salary and allowances as admissible to a Additional Secretary to the Government of India.
(3) Where a Chief Commissioner or the 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.
(1) The Chief Commissioner and the Commissioner shall be entitled to such leave as is admissible to a Government servant under the Central Civil Service (Leave) Rules, 1972.
(2) The Chief Commissioner and the Commissioner shall be entitled to such leave travel concession as is admissible to a Group "A" officer under the Central Civil Services (Leave Travel Concession)Rules, 1988.
(3) The Chief Commissioner and the Commissioner shall be entitled to such medical benefits as is admissible to a Group "A" officer under the Central Government Health Scheme.
(1) The Chief Commissioner and the Commissioner may, by notice in writing, under his hand, addressed to the Central Government, resign from the office:
Provided that he shall continue in the office till his resignation is accepted.
(2) The Central Government may remove a person from the office of the Chief Commissioner and the 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) is convicted or sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;
(d) is in the opinion of the Central G
The conditions of service of the Chief Commissioner and the Commissioner in respect of which no express provision has been made in these rules shall be determined by the rules and orders for the time being applicable to the Secretary and Additional Secretary to the Government of India, as the case may be.
(1) An aggrieved person may present a complaint containing the following particulars in person or by his agent to the Chief Commissioner or the Commissioner or send it by registered post or by email addressed to the Chief Commissioner or the Commissioner, namely:-
(a) the name, description and the address of the aggrieved person;
(b) the name, description and the address of the opposite party or parties, as the case may be, so far as they may 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; and
(e) the relief which the aggrieved person claims.
(2) The Chief C
(1) The Central Government shall appoint an Advisory Committee comprising of the following members, namely:-
(a) five experts to represent each of the five groups of specified disabilities mentioned in the Schedule to the Act of whom two shall be women;
(b) three experts in the field of barrier-free environment-
(i) one expert from physical environment;
(ii) one expert from transportation system; and
(iii) one expert from information and communication technology or other services and facilities provided to the public;
(c) one expert in the area of employment of persons with disabilities;
(d) one legal expert; and<
(1) The Chief Commissioner, shall as soon as possible, after the end of the financial year but not later than the 30thday 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.
(2) 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 its officers and staff and a chart showing the organisational set up;
(b) the functions which the Chief Commissioner has been empowered under sections 75 and 76 of the Act and the highlights of the performance in this regard;
(c) the main recommendations made by the Chief Commissioner;
(1) There shall be a governing body consisting of following members to manage the National Fund, namely:-
(a) Secretary, Department of Empowerment of Persons with Disabilities, in the Central Government - Chairperson;
(b) Chairperson, Board of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities - Member;
(c) Financial Advisor, Ministry of Social Justice and Empowerment, in the Central Government - Member;
(d) two representatives from the Ministry of Health and Family Welfare, Department of School Education and Literacy, Department of Higher Education, Ministry of Labour and Employment, Department of Financial Services and Department of Rural Development in the Central Government, not be
(1) The amount available under the Trust Fund for empowerment of persons with disabilities and the National Fund for people with disabilities, as on the date of the commencement of the Act, shall form the National Fund.
(2) All monies available under the two Funds referred to in sub-rule (1) shall stand transferred to the National Fund.
(3) All monies belonging to the Fund shall be deposited in such banks or invested in such manner as the governing body, may, subject to the general guidelines of the Central Government, decide.
(4) The Fund shall be invested in such manner as may be decided by the governing body.
(5) The Fund shall be utilized for the following purposes, namely:-
(a) financial assistance i
The Chief Executive Officer of the Fund shall prepare the budget for incurring expenditure under the Fund for each financial year showing the estimated receipt and expenditure of the Fund, in January every year and shall place the same for consideration of the governing body.
The annual report of the Department of Empowerment of Persons with Disabilities shall include a chapter on National Fund.
(Persons with Disabilities Employer's Return)
[See rule 13 (1)]
Six monthly return to be submitted to the Special Employment Exchange for the half year ended .........................................................................
Name and Address of the Employer .............................................................
Whether - Head Office ....................................................
Branch Office ..................................................
Nature of business/ principal activity : ...........................
(Persons with Disabilities Employer's Return)
[See rule 13 (1)]
Occupational return to be submitted to the local Special Employment Exchange once in two years.
Name and Address of the Employer ............................................
Nature of business ______________________________
(describe what the Government establishment makes or does as its principal activity)
1. Total number of persons on the pay rolls of the Government establishment on (Specify date) ............ (This figure should include every person whose wage or salary is paid by t
(Persons with Disabilities Employer's Return)
[Seerule 14]
Name and Address of the Employer .............................................................
Whether - Head Office ....................................................
Branch Office ..................................................
Nature of business/ principal activity : .........................................................
Total number of persons on the pay rolls of the Government establishment (This figure should include every person whose wage or salary is pai
Application for Obtaining Certificate of Disability by Persons with Disabilities
[See rule 17(1)]
| (1) | Name : | __________________ | Certificate of Disability (In cases of amputation or complete permanent paralysis of limbs or dwarfism and in case of blindness) [See rule 18(1)] (Name and Address of the Medical Authority issuing the Certificate) | |
| < Form.VI . Certificate of Disability
Form.VII . Certificate of Disability
Form.VIII . [Intimation of rejection of Application for Certificate of Disability]
|
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