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PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) RULES, 1996
(1) These rules may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996.
(2) They shall come into force on date of their Publication in the Official Gazette.
1. In these rules unless the context otherwise requires,-
a. "Act" means the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
b. "certificate" or "disability certificate" means a certificate issued in pursuance of clause (t) of section 2 of the Act;
c. "multiple disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Act;
d. "Form" means a form appended to these rules.
2. Words and expressions defined in the Act but not defined in these rules, shall have the meanings respectively assigned to them in the Act.";
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1. A person with disability desirous of getting a certificate in his favour shall submit an application in Form I, and the application shall be accompanied by -
a. proof of residence, and
b. two recent passport size photographs.
2. The application shall be submitted to -
i. a medical authority competent to issue such a certificate in the district of the applicant's residence as mentioned in the proof of residence submitted by him with the application, or
ii. 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
1. On receipt of an application under rule 3, the medical authority shall, after satisfying himself that the applicant is a person with disability as defined in sub-clause (t) of section 2 of the Act, issue a disability certificate in his favour in Form II, Form III or Form IV as applicable.
2. The certificate shall be issued as far as possible, within a week from the date of receipt of the application by the medical authority, but in any case, not later than one month from such date.
3. The medical authority shall, after due examination, -
i. give a permanent disability certificate in cases where there are no chances of variation, over time, in the degree of disability, and
ii. shall indicate the period of validity in the certificate, in cases
1. Any applicant for a disability certificate, who is aggrieved by the nature of a certificate issued to him, or by refusal to issue such a certificate in his favour, as the case may be, may represent against such a decision to the medical authority as specified for the purpose by the appropriate Government :
Provided that where a person with disability is a minor or suffering from mental retardation 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.
2. The application for review shall be accompanied by a copy of the certificate or letter of rejection being appealed against.
3. On receipt of an application for review, the medical authority shall, after giving the appellant an opportun
A certificate issued under rule 4 shall render a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government and of Non-Governmental Organizations funded by the Government, subject to such conditions as may be specified in relevant schemes or instructions of Government, etc., as the case may be.]
The Central Government shall nominate four members - three from the State and one from the Union Territories under clause (k) of sub-section (2) of section 3 of the Act, by rotation, in such a manner so as to cover all the four regions of the country, every year.
The Member-Secretary shall keep a record of names of members and their addresses.
If a member changes his address, he shall notify his new address to the Member-Secretary, who shall there upon enter his new address, in the official records (but if he fails to notify his new address, the address in the official records shall for all purposes be treated as his correct address).
1. Non-official members of the Central Coordination Committee, resident in Delhi, shall be paid an allowance of rupees seventy five per day for each day of the actual meetings of the Central Coordination Committee.
2. Non-official members of the Central Coordination Committee, not resident in Delhi, shall be paid daily and travelling allowances for each day of the actual meetings at the highest rates admissible to a Grade I Officer of the Central Government:
Provided that in case of a Member of Parliament who is also a member of the Central Coordination Committee, the said daily and travelling allowances shall be paid at the rates 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 halt
1. The meetings of the Central Coordination Committee 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, upon the written request of not less than ten members of the Central Coordination Committee, call a special meeting of the Committee.
3. 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, shall be given by Member-Secretary to the members.
4. Notice of a meeting may be given to the members by delivering the same by messenger or sending it by regi
The Chairperson shall preside at every meeting of the Board and in his absence, the Vice-Chairperson shall preside, but when both the Chairperson and the Vice-Chairperson are absent from any meeting, the members present shall elect one of the members of preside at that meeting.
1.One-third of the total members shall form the quorum for any meeting.
2.If at any 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 of the special meeting, as the case may be, shall be discussed at adjourned meeting.
5. (a) Where a meeting of the Central Coordination Committee is adjourned under sub-rule (2) above for want of quorum to the following day, notice of such adjourned meeting shall be given to the members available at the place where the
(1) Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-Secretary.
(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.
The presiding officer shall maintain order at the meeting.
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 11, shall be transacted at any meeting.
(1) At any meeting business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer.
(2) Either at the beginning of the meetings 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 Chairperson and the Vice-Chairperson, the member presiding at the meeting, as the case may be, shall have a second or casting vote.
No proceeding of the Central Coordination Committee shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Committee.
The Central Government shall nominate four members - three from the States and one from the Union Territories under clause (h) of Sub-section (2) of section 9 of the Act, by rotation, in such a manner so as to cover all the four regions of the country, every year.
(1) Non-official members of the Central Executive Committee, resident in Delhi, shall be paid an allowance of rupees seventy-five per day for each day of the actual meetings of the Central Coordination Committee.
(2) Non-official members of the Central Executive Committee, not resident in Delhi, shall be paid daily and travelling allowances for each day of the actual meetings at the highest rates admissible to a Grade I Officer of the Central Government.
(3) Official members of the Central Executive Committee shall be paid daily and travelling allowances, at the rates admissible under the relevant rules of the respective government under whom he is serving on production of a certificate by him that he has not drawn any such allowance for the same journey and halts from any other government source.
(1) The meetings of the Central Executive Committee 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 three months.
(2) The Chairperson shall, upon the written request of not less than ten members of the Central Executive Committee, call a special meeting of the Committee.
(3) 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, shall be given by the Member-Secretary to the members.
(4) Notice of a meeting may be given to the members by delivering the same by messenger or sending it by registered post to
The Chairperson shall preside at every meeting of the Board and in his absence; the members present shall elect one of the members to preside at that meeting.
(1) One-third of the total members shall form the quorum for any meeting.
(2) If at any 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.
(5) (a) Where a meeting of the Central Executive Committee is adjourned under sub-rule (2) above for want of quorum to the following day, notice of such adjourned meeting shall be given to the members available at the place wher
(1) Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-Secretary.
(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.
The presiding officer shall maintain order at the meeting.
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) At any meeting business shall be transacted in the order in which it is entered in the agenda.
(2) Either 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 Chairperson, the member presiding at the meeting, as the case may be, shall have a second or casting vote.
No proceeding of the Central Executive Committee shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Committee.
(1) The Central Executive Committee may invite any person to participate in the deliberations of its meetings, whose assistance or advice is considered useful in performing any of its function, under the Act.
(2) If the person associated with the Central Executive Committee under Sub-rule (1) happens to be a non-official resident in Delhi, he shall be entitled to get an allowance of rupees seventy-five per day for each day of actual meeting of the Committee in which he is so associated.
(3) If such a person is not resident in Delhi, he shall be paid daily and travelling allowances for each day of the actual meeting at the highest rates admissible to a Grade I Officer of the Central Government.
(4) If such person is a government servant, or an employee in a Government undertaking, he shall b
Notwithstanding anything in Rule 31, the Central Executive Committee may pay the person associated with the committee, with the prior approval of the Central Government, such fees as the Central Government may determine depending on the nature of work assigned and the qualifications and experience of the associated person.
The associated person may, with the prior approval of the Chairperson, undertakes tours within the country for the performance of the duties entrusted to him by the Central Executive Committee and in respect of such tours he shall be entitled to travelling and daily allowances at the rates admissible to a Grade I Officer of the Central Government.
The associated person shall not disclose any information either given by the Central Executive Committee or obtained during the performance of the duties assigned to him either from the Central Executive Committee or otherwise, to any person other than the Central Executive Committee without the written permission of the chairperson of the Committee.
The associated person shall discharge such duties and perform such functions as are assigned to him, by the Central Executive Committee.
For the purpose of computation of vacancies for persons with disabilities in Group A, B, C and D posts, the manner of computation of vacancies shall be such as may be determined by the Government by instructions or orders in this regard.
(1) The following vacancies shall be notified to the Special Employment Exchanges, namely: -
a. Vacancies in posts of a technical and scientific nature carrying a basic Pay of Rs. 1400/- or more per month occurring in establishments in respect of which the Central Government is the appropriate Government under the Act, and
b. Vacancies which an employer may desire to be circulated to the Special Employment Exchanges outside the State or Union Territory in which the establishment is situated, shall be notified to such Special Employment Exchanges as may be specified by the Central Government by notification in the Official Gazette, in this behalf. A copy of the notification of vacancies shall be sent to the concerned Vocational Rehabilitation Center for Handicapped.
(2) Vacancies othe
The vacancies shall be notified in writing to the concerned special employment exchange, and the following particulars shall be furnished in respect of each type of vacancy, namely: -
1.Name and address of the employer;
2.Telephone number of the employer, if any;
3.Nature of vacancy-
(a)Type of workers required (Designation)
(b) (i) Description of duties;
(ii) Physical requirements (i.e. job involves visual accuracy, frequent movement/walking, continuous long hours sitting etc.)
(c) Qualifications required -
(i) Essential,
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1. Vacancies, required to be notified to the local Special Employment Exchange, shall be notified at least thirty days before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held.
2. Vacancies, required to be notified to the Special Employment Exchange notified under sub-rule (1) of rule 37 shall be notified at least three weeks before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held.
3. An employer shall furnish to the concerned Special Employment Exchange, the results of selection within fifteen days from the date of selection.
1. An employer shall furnish to the local Special Employment Exchange quarterly returns in Form DPER-I and biennial returns in Form DPER-II, as may be amended from time to time.
2. Quarterly returns shall be furnished within thirty days of the due dates, namely, 31st March, 30th June, 30th September and 31st December.
3. Biennial return shall be furnished within thirty days of the due date as notified in the official Gazette.
An employer shall maintain the record of employees with disabilities in Form DPER III, as may be amended from time to time.
1. A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the Chief Commissioner of persons with disabilities or be sent by registered post addressed to the Chief Commissioner: -
2. (a) The name, description and the address of the complainant;
(b) The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;
(c) The facts relating to complaint and when and Where it arose;
(d) Documents in support of the allegations contained in the complaint;
(e) The relief which the complainant claims;
3. The Chief Commissioner on receipt of a compla
In order to be eligible for the appointment as Chief Commissioner, a person must satisfy the following conditions, namely:-
i. he should have special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities;
ii. he should not have attained the age of sixty years on the 1st January of the year in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(1) of rule 43 A, falls;
iii. if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and
iv. he must possess the following educational qualification and experience, namely
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1. About six months before the post of Chief Commissioner is due to fall vacant, an advertisement shall be published in at least two national level dailies each in English and Hindi inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 43.
2. A Search-cum-Selection Committee shall be constituted to recommend a panel of three suitable candidates for the post of the Chief Commissioner.
3. Composition of the Committee will be governed by relevant instructions issued by the Department of Personnel and Training 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) above, as well as other eligible persons whom the Committee ma
1. The Chief Commissioner shall be appointed on full-time basis for a period of three years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.
2. A person may serve as Chief Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.
1. The salary and allowances of the Chief Commissioner shall be the salary and allowances as admissible to a Secretary to the Government of India.
2. Where a Chief Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.
1. Leave -
2. The Chief Commissioner shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.
3. Leave Travel Concession -
4. The Chief Commissioner shall be entitled to such Leave Travel Concession as is admissible to Group 'A' officers under Central Civil Service (LTC) Rules, 1988.
5. Medical Benefits -
6. The Chief Commissioner shall be entitled to such medical benefits as is admissible to Group 'A' officers under the Central Government Health Scheme (CGHS).
1. The Chief Commissioner may, by notice in writing, under his hand, addressed to the Central Government, resign his post.
2. The Central Government shall remove a person from the office of the Chief Commissioner, if he -
a. becomes an undischarged insolvent;
b. engages during his term of office in any paid employment or activity outside the duties of his office;
c. gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;
d. is in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body or serious default in the performance of his functions as laid down in the Act;
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Conditions of service of a Chief 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 a Secretary to the Government of India.]
The Chief Commissioner shall submit report to the Central Government on the implementation of the Act at the interval of six months in such a manner that at least two reports are sent in one financial year.
(1) The Chief Commissioner shall as soon as possible after the end of the financial year but not later than the 30th day of September in the next year ensuing prepare and submit to the Central Government an annual report giving a complete account of his activities during the said financial year.
(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 officers staff of the Board and a chart showing the organizational set up;
(b) The functions which the Chief Commissioner has been empowered under section 58 and 59 of the Act and the highlights of the performance in this regard;
(c) The main recommendations made by the Chief Commissioner;
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