THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

(NO. 49 OF 2016)

[27th December, 2016]

An Act to give effect to the United Nations Convention on the Rights of

Persons with Disabilities and for matters connected therewith or incidental

thereto.

WHEREAS the United Nations General Assembly adopted its Convention on the Rights

of Persons with Disabilities on the 13th day of December, 2006;

AND WHEREAS the aforesaid Convention lays down the following principles for

empowerment of persons with disabilities,—

(a) respect for inherent dignity, individual autonomy including the freedom to

make one’s own choices, and independence of persons;

(b) non-discrimination;

(d) respect for difference and acceptance of persons with disabilities as part of

human diversity and humanity;

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EXTRAORDINARY

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No. 59] NEW DELHI, WEDNESDAY, DECEMBER 28, 2016/PAUSHA 07, 1938 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 28th December, 2016/Pausha 17, 1938 (Saka)

The following Act of Parliament received the assent of the President on the

27th December, 2016, and is hereby published for general information:—

REGISTERED NO. DL—(N)04/0007/2003—16

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) equality of opportunity;

(f) accessibility;

(g) equality between men and women;

(h) respect for the evolving capacities of children with disabilities and respect

for the right of children with disabilities to preserve their identities;

AND WHEREAS India is a signatory to the said Convention;

AND WHEREAS India ratified the said Convention on the 1st day of October, 2007;

AND WHEREAS it is considered necessary to implement the Convention aforesaid.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Rights of Persons with Disabilities Act, 2016.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “appellate authority” means an authority notified under sub-section (3) of

section 14 or sub-section (1) of section 53 or designated under sub-section (1) of

section 59, as the case may be;

(b) “appropriate Government” means,—

(i) in relation to the Central Government or any establishment wholly or

substantially financed by that Government, or a Cantonment Board constituted

under the Cantonments Act, 2006, the Central Government;

(ii) in relation to a State Government or any establishment, wholly or

substantially financed by that Government, or any local authority, other than a

Cantonment Board, the State Government.

environmental, institutional, political, social, attitudinal or structural factors which

hampers the full and effective participation of persons with disabilities in society;

(d) “care-giver” means any person including parents and other family Members

who with or without payment provides care, support or assistance to a person with

disability;

(e) “certifying authority” means an authority designated under sub-section (1)

of section 57;

(f) “communication” includes means and formats of communication, languages,

display of text, Braille, tactile communication, signs, large print, accessible multimedia,

written, audio, video, visual displays, sign language, plain-language, human-reader,

augmentative and alternative modes and accessible information and communication

technology;

(g) “competent authority” means an authority appointed under section 49;

(h) “discrimination” in relation to disability, means any distinction, exclusion,

restriction on the basis of disability which is the purpose or effect of impairing or

nullifying the recognition, enjoyment or exercise on an equal basis with others of all

human rights and fundamental freedoms in the political, economic, social, cultural, civil

or any other field and includes all forms of discrimination and denial of reasonable

accommodation;

Short title and

commencement.

Definitions.

41 of 2006.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(i) “establishment” includes a Government establishment and private

establishment;

(j) “Fund” means the National Fund constituted under section 86;

(k) “Government establishment” means a corporation established by or under a

Central Act or State Act or an authority or a body owned or controlled or aided by the

Government or a local authority or a Government company as defined in section 2 of

the Companies Act, 2013 and includes a Department of the Government;

(l) “high support” means an intensive support, physical, psychological and

otherwise, which may be required by a person with benchmark disability for daily

activities, to take independent and informed decision to access facilities and

participating in all areas of life including education, employment, family and community

life and treatment and therapy;

(m) “inclusive education” means a system of education wherein students with

and without disability learn together and the system of teaching and learning is suitably

adapted to meet the learning needs of different types of students with disabilities;

(n) “information and communication technology” includes all services and

innovations relating to information and communication, including telecom services,

web based services, electronic and print services, digital and virtual services;

(o) “institution” means an institution for the reception, care, protection, education,

training, rehabilitation and any other activities for persons with disabilities;

(p) “local authority” means a Municipality or a Panchayat, as defined in clause (e)

and clause (f) of article 243P of the Constitution; a Cantonment Board constituted

under the Cantonments Act, 2006; and any other authority established under an Act

of Parliament or a State Legislature to administer the civic affairs;

(q) “notification” means a notification published in the Official Gazette and the

expression “notify” or “notified” shall be construed accordingly;

(r) “person with benchmark disability” means a person with not less than forty

per cent. of a specified disability where specified disability has not been defined in

measurable terms and includes a person with disability where specified disability has

been defined in measurable terms, as certified by the certifying authority;

(s) “person with disability” means a person with long term physical, mental,

intellectual or sensory impairment which, in interaction with barriers, hinders his full

and effective participation in society equally with others;

(t) “person with disability having high support needs” means a person with

benchmark disability certified under clause (a) of sub-section (2) of section 58 who

needs high support;

(u) “prescribed” means prescribed by rules made under this Act;

(v) “private establishment” means a company, firm, cooperative or other society,

associations, trust, agency, institution, organisation, union, factory or such other

establishment as the appropriate Government may, by notification, specify;

(w) “public building” means a Government or private building, used or accessed

by the public at large, including a building used for educational or vocational purposes,

workplace, commercial activities, public utilities, religious, cultural, leisure or recreational

activities, medical or health services, law enforcement agencies, reformatories or judicial

foras, railway stations or platforms, roadways bus stands or terminus, airports or

waterways;

(x) “public facilities and services” includes all forms of delivery of services to

the public at large, including housing, educational and vocational trainings, employment

41 of 2006.

18 of 2013.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

and career advancement, shopping or marketing, religious, cultural, leisure or

recreational, medical, health and rehabilitation, banking, finance and insurance,

communication, postal and information, access to justice, public utilities, transportation;

(y) “reasonable accommodation” means necessary and appropriate modification

and adjustments, without imposing a disproportionate or undue burden in a particular

case, to ensure to persons with disabilities the enjoyment or exercise of rights equally

with others;

(z) “registered organisation” means an association of persons with disabilities

or a disabled person organisation, association of parents of persons with disabilities,

association of persons with disabilities and family members, or a voluntary or

non-governmental or charitable organisation or trust, society, or non-profit company

working for the welfare of the persons with disabilities, duly registered under an Act of

Parliament or a State Legislature;

(za) “rehabilitation” refers to a process aimed at enabling persons with disabilities

to attain and maintain optimal, physical, sensory, intellectual, psychological

environmental or social function levels;

(zb) “Special Employment Exchange” means any office or place established and

maintained by the Government for the collection and furnishing of information, either

by keeping of registers or otherwise, regarding—

(i) persons who seek to engage employees from amongst the persons with

disabilities;

(ii) persons with benchmark disability who seek employment;

(iii) vacancies to which persons with benchmark disabilities seeking

employment may be appointed;

(zc) “specified disability” means the disabilities as specified in the Schedule;

(zd) “transportation systems” includes road transport, rail transport, air transport,

water transport, para transit systems for the last mile connectivity, road and street

infrastructure, etc.;

(ze) “universal design” means the design of products, environments, programmes

and services to be usable by all people to the greatest extent possible, without the

need for adaptation or specialised design and shall apply to assistive devices including

advanced technologies for particular group of persons with disabilities.

CHAPTER II

RIGHTS AND ENTITLEMENTS

3. (1) The appropriate Government shall ensure that the persons with disabilities

enjoy the right to equality, life with dignity and respect for his or her integrity equally with

others.

(2) The appropriate Government shall take steps to utilise the capacity of persons

with disabilities by providing appropriate environment.

(3) No person with disability shall be discriminated on the ground of disability, unless

it is shown that the impugned act or omission is a proportionate means of achieving a

legitimate aim.

(4) No person shall be deprived of his or her personal liberty only on the ground of

disability.

(5) The appropriate Government shall take necessary steps to ensure reasonable

accommodation for persons with disabilities.

Equality and

non-

discrimination.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

4. (1) The appropriate Government and the local authorities shall take measures to

ensure that the women and children with disabilities enjoy their rights equally with others.

(2) The appropriate Government and local authorities shall ensure that all children with

disabilities shall have right on an equal basis to freely express their views on all matters

affecting them and provide them appropriate support keeping in view their age and disability.”.

5. (1) The persons with disabilities shall have the right to live in the community.

(2) The appropriate Government shall endeavour that the persons with disabilities

are,—

(a) not obliged to live in any particular living arrangement; and

(b) given access to a range of in-house, residential and other community support

services, including personal assistance necessary to support living with due regard to

age and gender.

6. (1) The appropriate Government shall take measures to protect persons with

disabilities from being subjected to torture, cruel, inhuman or degrading treatment.

(2) No person with disability shall be a subject of any research without,—

(i) his or her free and informed consent obtained through accessible modes,

means and formats of communication; and

(ii) prior permission of a Committee for Research on Disability constituted in the

prescribed manner for the purpose by the appropriate Government in which not less

than half of the Members shall themselves be either persons with disabilities or Members

of the registered organisation as defined under clause (z) of section 2.

7. (1) The appropriate Government shall take measures to protect persons with

disabilities from all forms of abuse, violence and exploitation and to prevent the same,

shall—

(a) take cognizance of incidents of abuse, violence and exploitation and provide

legal remedies available against such incidents;

(b) take steps for avoiding such incidents and prescribe the procedure for its

reporting;

(d) create awareness and make available information among the public.

(2) Any person or registered organisation who or which has reason to believe that an

act of abuse, violence or exploitation has been, or is being, or is likely to be committed

against any person with disability, may give information about it to the Executive Magistrate

within the local limits of whose jurisdiction such incidents occur.

(3) The Executive Magistrate on receipt of such information, shall take immediate

steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems

fit for the protection of such person with disability including an order—

(a) to rescue the victim of such act, authorising the police or any organisation

working for persons with disabilities to provide for the safe custody or rehabilitation

of such person, or both, as the case may be;

(b) for providing protective custody to the person with disability, if such person

so desires;

(4) Any police officer who receives a complaint or otherwise comes to know of abuse,

violence or exploitation towards any person with disability shall inform the aggrieved person

of—

Women and

children with

disabilities.

Community

life.

Protection

from cruelty

and inhuman

treatment.

Protection

from abuse,

violence and

exploitation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Protection and

safety.

(a) his or her right to apply for protection under sub-section (2) and the particulars

of the Executive Magistrate having jurisdiction to provide assistance;

(b) the particulars of the nearest organisation or institution working for the

rehabilitation of persons with disabilities;

(d) the right to file a complaint under the provisions of this Act or any other law

dealing with such offence:

Provided that nothing in this section shall be construed in any manner as to relieve

the police officer from his duty to proceed in accordance with law upon receipt of information

as to the commission of a cognizable offence.

(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an

offence under the Indian Penal Code, or under any other law for the time being in force, he

may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the

case may be, having jurisdiction in the matter.

8. (1) The persons with disabilities shall have equal protection and safety in situations

of risk, armed conflict, humanitarian emergencies and natural disasters.

(2) The National Disaster Management Authority and the State Disaster Management

Authority shall take appropriate measures to ensure inclusion of persons with disabilities in

its disaster management activities as defined under clause (e) of section 2 of the Disaster

Management Act, 2005 for the safety and protection of persons with disabilities.

(3) The District Disaster Management Authority constituted under section 25 of the

Disaster Management Act, 2005 shall maintain record of details of persons with disabilities in

the district and take suitable measures to inform such persons of any situations of risk so as

to enhance disaster preparedness.

(4) The authorities engaged in reconstruction activities subsequent to any situation

of risk, armed conflict or natural disasters shall undertake such activities, in consultation

with the concerned State Commissioner, in accordance with the accessibility requirements of

persons with disabilities.

9. (1) No child with disability shall be separated from his or her parents on the ground

of disability except on an order of competent court, if required, in the best interest of the

child.

(2) Where the parents are unable to take care of a child with disability, the competent

court shall place such child with his or her near relations, and failing that within the community

in a family setting or in exceptional cases in shelter home run by the appropriate Government

or non-governmental organisation, as may be required.

10. (1) The appropriate Government shall ensure that persons with disabilities have

access to appropriate information regarding reproductive and family planning.

(2) No person with disability shall be subject to any medical procedure which leads to

infertility without his or her free and informed consent.

11. The Election Commission of India and the State Election Commissions shall ensure

that all polling stations are accessible to persons with disabilities and all materials related to

the electoral process are easily understandable by and accessible to them.

12. (1) The appropriate Government shall ensure that persons with disabilities are able

to exercise the right to access any court, tribunal, authority, commission or any other body

having judicial or quasi-judicial or investigative powers without discrimination on the basis

of disability.

(2) The appropriate Government shall take steps to put in place suitable support

measures for persons with disabilities specially those living outside family and those disabled

requiring high support for exercising legal rights.

Home and

family.

Reproductive

rights.

Accessibility

in voting.

45 of 1860.

53 of 2005.

Access

to justice.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The National Legal Services Authority and the State Legal Services Authorities

constituted under the Legal Services Authorities Act, 1987 shall make provisions including

reasonable accommodation to ensure that persons with disabilities have access to any

scheme, programme, facility or service offered by them equally with others.

(4) The appropriate Government shall take steps to—

(a) ensure that all their public documents are in accessible formats;

(b) ensure that the filing departments, registry or any other office of records are

supplied with necessary equipment to enable filing, storing and referring to the

documents and evidence in accessible formats; and

of testimonies, arguments or opinion given by persons with disabilities in their preferred

language and means of communication.

13. (1) The appropriate Government shall ensure that the persons with disabilities

have right, equally with others, to own or inherit property, movable or immovable, control

their financial affairs and have access to bank loans, mortgages and other forms of financial

credit.

(2) The appropriate Government shall ensure that the persons with disabilities enjoy

legal capacity on an equal basis with others in all aspects of life and have the right to equal

recognition everywhere as any other person before the law.

(3) When a conflict of interest arises between a person providing support and a

person with disability in a particular financial, property or other economic transaction, then

such supporting person shall abstain from providing support to the person with disability in

that transaction:

Provided that there shall not be a presumption of conflict of interest just on the basis

that the supporting person is related to the person with disability by blood, affinity or

adoption.

(4) A person with disability may alter, modify or dismantle any support arrangement

and seek the support of another:

Provided that such alteration, modification or dismantling shall be prospective in

nature and shall not nullify any third party transaction entered into by the person with

disability with the aforesaid support arrangement.

(5) Any person providing support to the person with disability shall not exercise

undue influence and shall respect his or her autonomy, dignity and privacy.

14. (1) Notwithstanding anything contained in any other law for the time being in

force, on and from the date of commencement of this Act, where a district court or any

designated authority, as notified by the State Government, finds that a person with disability,

who had been provided adequate and appropriate support but is unable to take legally

binding decisions, may be provided further support of a limited guardian to take legally

binding decisions on his behalf in consultation with such person, in such manner, as may be

prescribed by the State Government:

Provided that the District Court or the designated authority, as the case may be, may

grant total support to the person with disability requiring such support or where the limited

guardianship is to be granted repeatedly, in which case, the decision regarding the support

to be provided shall be reviewed by the Court or the designated authority, as the case may

be, to determine the nature and manner of support to be provided.

Explanation.—For the purposes of this sub-section, “limited guardianship” means a

system of joint decision which operates on mutual understanding and trust between the guardian

and the person with disability, which shall be limited to a specific period and for specific decision

and situation and shall operate in accordance to the will of the person with disability.

Legal capacity.

39 of 1987.

Provision for

guardianship.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) On and from the date of commencement of this Act, every guardian appointed

under any provision of any other law for the time being in force, for a person with disability

shall be deemed to function as a limited guardian.

(3) Any person with disability aggrieved by the decision of the designated authority

appointing a legal guardian may prefer an appeal to such appellate authority, as may be

notified by the State Government for the purpose.

15. (1) The appropriate Government shall designate one or more authorities to mobilise

the community and create social awareness to support persons with disabilities in exercise of

their legal capacity.

(2) The authority designated under sub-section (1) shall take measures for setting up

suitable support arrangements to exercise legal capacity by persons with disabilities living in

institutions and those with high support needs and any other measures as may be required.

CHAPTER III

EDUCATION

16. The appropriate Government and the local authorities shall endeavour that all

educational institutions funded or recognised by them provide inclusive education to the

children with disabilities and towards that end shall—

(i) admit them without discrimination and provide education and opportunities

for sports and recreation activities equally with others;

(ii) make building, campus and various facilities accessible;

(iii) provide reasonable accommodation according to the individual’s

requirements;

(iv) provide necessary support individualised or otherwise in environments that

maximise academic and social development consistent with the goal of full inclusion;

(v) ensure that the education to persons who are blind or deaf or both is imparted

in the most appropriate languages and modes and means of communication;

(vi) detect specific learning disabilities in children at the earliest and take suitable

pedagogical and other measures to overcome them;

(vii) monitor participation, progress in terms of attainment levels and completion

of education in respect of every student with disability;

(viii) provide transportation facilities to the children with disabilities and also

the attendant of the children with disabilities having high support needs.

17. The appropriate Government and the local authorities shall take the following

measures for the purpose of section 16, namely:—

(a) to conduct survey of school going children in every five years for identifying

children with disabilities, ascertaining their special needs and the extent to which

these are being met:

Provided that the first survey shall be conducted within a period of two years

from the date of commencement of this Act;

(b) to establish adequate number of teacher training institutions;

qualified in sign language and Braille and also teachers who are trained in teaching

children with intellectual disability;

(d) to train professionals and staff to support inclusive education at all levels of

school education;

Designation of

authorities to

support.

Duty of

educational

institutions.

Specific

measures to

promote and

facilitate

inclusive

education.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(e) to establish adequate number of resource centres to support educational

institutions at all levels of school education;

(f) to promote the use of appropriate augmentative and alternative modes including

means and formats of communication, Braille and sign language to supplement the use

of one’s own speech to fulfill the daily communication needs of persons with speech,

communication or language disabilities and enables them to participate and contribute

to their community and society;

(g) to provide books, other learning materials and appropriate assistive devices

to students with benchmark disabilities free of cost up to the age of eighteen years;

(h) to provide scholarships in appropriate cases to students with benchmark

disability;

(i) to make suitable modifications in the curriculum and examination system to

meet the needs of students with disabilities such as extra time for completion of

examination paper, facility of scribe or amanuensis, exemption from second and third

language courses;

(j) to promote research to improve learning; and

(k) any other measures, as may be required.

18. The appropriate Government and the local authorities shall take measures to

promote, protect and ensure participation of persons with disabilities in adult education and

continuing education programmes equally with others.

CHAPTER IV

SKILL DEVELOPMENT AND EMPLOYMENT

19. (1) The appropriate Government shall formulate schemes and programmes including

provision of loans at concessional rates to facilitate and support employment of persons

with disabilities especially for their vocational training and self-employment.

(2) The schemes and programmes referred to in sub-section (1) shall provide for—

(a) inclusion of person with disability in all mainstream formal and non-formal

vocational and skill training schemes and programmes;

(b) to ensure that a person with disability has adequate support and facilities to

avail specific training;

links with the market, for those with developmental, intellectual, multiple disabilities

and autism;

(d) loans at concessional rates including that of microcredit;

(e) marketing the products made by persons with disabilities; and

(f ) maintenance of disaggregated data on the progress made in the skill training

and self-employment, including persons with disabilities.

20. (1) No Government establishment shall discriminate against any person with

disability in any matter relating to employment:

Provided that the appropriate Government may, having regard to the type of work

carried on in any establishment, by notification and subject to such conditions, if any,

exempt any establishment from the provisions of this section.

(2) Every Government establishment shall provide reasonable accommodation and

appropriate barrier free and conducive environment to employees with disability.

(3) No promotion shall be denied to a person merely on the ground of disability.

(4) No Government establishment shall dispense with or reduce in rank, an employee

who acquires a disability during his or her service:

Adult

education.

Vocational

training and

self-

employment.

Non-

discrimination

employment.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that, if an employee after acquiring disability is not suitable for the post he

was holding, shall be shifted to some other post with the same pay scale and service benefits:

Provided further that if it is not possible to adjust the employee against any post, he

may be kept on a supernumerary post until a suitable post is available or he attains the age

of superannuation, whichever is earlier.

(5) The appropriate Government may frame policies for posting and transfer of

employees with disabilities.

21. (1) Every establishment shall notify equal opportunity policy detailing measures

proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as

may be prescribed by the Central Government.

(2) Every establishment shall register a copy of the said policy with the Chief

Commissioner or the State Commissioner, as the case may be.

22. (1) Every establishment shall maintain records of the persons with disabilities in

relation to the matter of employment, facilities provided and other necessary information in

compliance with the provisions of this Chapter in such form and manner as may be prescribed

by the Central Government.

(2) Every employment exchange shall maintain records of persons with disabilities

seeking employment.

(3) The records maintained under sub-section (1) shall be open to inspection at all

reasonable hours by such persons as may be authorised in their behalf by the appropriate

Government.

23. (1) Every Government establishment shall appoint a Grievance Redressal Officer

for the purpose of section 19 and shall inform the Chief Commissioner or the State

Commissioner, as the case may be, about the appointment of such officer.

(2) Any person aggrieved with the non-compliance of the provisions of section 20,

may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall

take up the matter with the establishment for corrective action.

(3) The Grievance Redressal Officer shall maintain a register of complaints in the

manner as may be prescribed by the Central Government, and every complaint shall be

inquired within two weeks of its registration.

(4) If the aggrieved person is not satisfied with the action taken on his or her complaint,

he or she may approach the District-Level Committee on disability.

CHAPTER V

SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION

24. (1) The appropriate Government shall within the limit of its economic capacity and

development formulate necessary schemes and programmes to safeguard and promote the

right of persons with disabilities for adequate standard of living to enable them to live

independently or in the community:

Provided that the quantum of assistance to the persons with disabilities under such

schemes and programmes shall be at least twenty-five per cent. higher than the similar

schemes applicable to others.

(2) The appropriate Government while devising these schemes and programmes shall

give due consideration to the diversity of disability, gender, age, and socio-economic status.

(3) The schemes under sub-section (1) shall provide for,—

(a) community centres with good living conditions in terms of safety, sanitation,

health care and counselling;

(b) facilities for persons including children with disabilities who have no family

or have been abandoned, or are without shelter or livelihood;

Equal

opportunity

policy.

Maintenance

of records.

Appointment

of Grievance

Redressal

Officer.

Social security.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) support to women with disability for livelihood and for upbringing of their

children;

(e) access to safe drinking water and appropriate and accessible sanitation

facilities especially in urban slums and rural areas;

(f) provisions of aids and appliances, medicine and diagnostic services and

corrective surgery free of cost to persons with disabilities with such income ceiling as

may be notified;

(g) disability pension to persons with disabilities subject to such income ceiling

as may be notified;

(h) unemployment allowance to persons with disabilities registered with Special

Employment Exchange for more than two years and who could not be placed in any

gainful occupation;

(i) care-giver allowance to persons with disabilities with high support needs;

(j) comprehensive insurance scheme for persons with disability, not covered

under the Employees State Insurance Schemes, or any other statutory or Government-

sponsored insurance schemes;

(k) any other matter which the appropriate Government may think fit.

25. (1) The appropriate Government and the local authorities shall take necessary

measures for the persons with disabilities to provide,—

(a) free healthcare in the vicinity specially in rural area subject to such family

income as may be notified;

(b) barrier-free access in all parts of Government and private hospitals and other

healthcare institutions and centres;

(2) The appropriate Government and the local authorities shall take measures and

make schemes or programmes to promote healthcare and prevent the occurrence of disabilities

and for the said purpose shall—

(a) undertake or cause to be undertaken surveys, investigations and research

concerning the cause of occurrence of disabilities;

(b) promote various methods for preventing disabilities;

“at-risk” cases;

(d) provide facilities for training to the staff at the primary health centres;

(e) sponsor or cause to be sponsored awareness campaigns and disseminate or

cause to be disseminated information for general hygiene, health and sanitation;

(f) take measures for pre-natal, perinatal and post-natal care of mother and child;

(g) educate the public through the pre-schools, schools, primary health centres,

village level workers and anganwadi workers;

(h) create awareness amongst the masses through television, radio and other

mass media on the causes of disabilities and the preventive measures to be adopted;

(i) healthcare during the time of natural disasters and other situations of risk;

(j) essential medical facilities for life saving emergency treatment and procedures;

and

(k) sexual and reproductive healthcare especially for women with disability.

26. The appropriate Government shall, by notification, make insurance schemes for

their employees with disabilities.

27. (1) The appropriate Government and the local authorities shall within their economic

capacity and development, undertake or cause to be undertaken services and programmes of

Healthcare.

Insurance

schemes.

Rehabilitation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

rehabilitation, particularly in the areas of health, education and employment for all persons

with disabilities.

(2) For the purposes of sub-section (1), the appropriate Government and the local

authorities may grant financial assistance to non-Governmental Organisations.

(3) The appropriate Government and the local authorities, while formulating

rehabilitation policies shall consult the non-Governmental Organisations working for the

cause of persons with disabilities.

28. The appropriate Government shall initiate or cause to be initiated research and

development through individuals and institutions on issues which shall enhance habilitation

and rehabilitation and on such other issues which are necessary for the empowerment of

persons with disabilities.

29. The appropriate Government and the local authorities shall take measures to promote

and protect the rights of all persons with disabilities to have a cultural life and to participate

in recreational activities equally with others which include,—

(a) facilities, support and sponsorships to artists and writers with disability to

pursue their interests and talents;

(b) establishment of a disability history museum which chronicles and interprets

the historical experiences of persons with disabilities;

(d) promoting recreation centres, and other associational activities;

(e) facilitating participation in scouting, dancing, art classes, outdoor camps and

adventure activities;

(f) redesigning courses in cultural and arts subjects to enable participation and

access for persons with disabilities;

(g) developing technology, assistive devices and equipments to facilitate access

and inclusion for persons with disabilities in recreational activities; and

(h) ensuring that persons with hearing impairment can have access to television

programmes with sign language interpretation or sub-titles.

30. (1) The appropriate Government shall take measures to ensure effective participation

in sporting activities of the persons with disabilities.

(2) The sports authorities shall accord due recognition to the right of persons with

disabilities to participate in sports and shall make due provisions for the inclusion of persons

with disabilities in their schemes and programmes for the promotion and development of

sporting talents.

(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the

appropriate Government and the sports authorities shall take measures to,—

(a) restructure courses and programmes to ensure access, inclusion and

participation of persons with disabilities in all sporting activities;

(b) redesign and support infrastructure facilities of all sporting activities for

persons with disabilities;

sporting activities of all persons with disabilities;

(d) provide multi-sensory essentials and features in all sporting activities to

ensure effective participation of all persons with disabilities;

(e) allocate funds for development of state of art sport facilities for training of

persons with disabilities;

(f ) promote and organise disability specific sporting events for persons with

disabilities and also facilitate awards to the winners and other participants of such

sporting events.

Research and

development.

Culture and

recreation.

Sporting

activities.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER VI

SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES

31. (1) Notwithstanding anything contained in the Rights of Children to Free and

Compulsory Education Act, 2009, every child with benchmark disability between the age of

six to eighteen years shall have the right to free education in a neighbourhood school, or in

a special school, of his choice.

(2) The appropriate Government and local authorities shall ensure that every child

with benchmark disability has access to free education in an appropriate environment till he

attains the age of eighteen years.

32. (1) All Government institutions of higher education and other higher education

institutions receiving aid from the Government shall reserve not less than five per cent. seats

for persons with benchmark disabilities.

(2) The persons with benchmark disabilities shall be given an upper age relaxation of

five years for admission in institutions of higher education.

33. The appropriate Government shall—

(i) identify posts in the establishments which can be held by respective category

of persons with benchmark disabilities in respect of the vacancies reserved in

accordance with the provisions of section 34;

(ii) constitute an expert committee with representation of persons with benchmark

disabilities for identification of such posts; and

(iii) undertake periodic review of the identified posts at an interval not exceeding

three years.

34. (1) Every appropriate Government shall appoint in every Government establishment,

not less than four per cent. of the total number of vacancies in the cadre strength in each

group of posts meant to be filled with persons with benchmark disabilities of which, one per

cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b)

and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e),

namely:—

(a) blindness and low vision;

(b) deaf and hard of hearing;

attack victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including

deaf-blindness in the posts identified for each disabilities:

Provided that the reservation in promotion shall be in accordance with such instructions

as are issued by the appropriate Government from time to time:

Provided further that the appropriate Government, in consultation with the Chief

Commissioner or the State Commissioner, as the case may be, may, having regard to the type

of work carried out in any Government establishment, by notification and subject to such

conditions, if any, as may be specified in such notifications exempt any Government

establishment from the provisions of this section.

(2) Where in any recruitment year any vacancy cannot be filled up due to non-

availability of a suitable person with benchmark disability or for any other sufficient reasons,

such vacancy shall be carried forward in the succeeding recruitment year and if in the

succeeding recruitment year also suitable person with benchmark disability is not available,

it may first be filled by interchange among the five categories and only when there is no

person with disability available for the post in that year, the employer shall fill up the vacancy

by appointment of a person, other than a person with disability:

Free

education for

children with

benchmark

disabilities.

Reservation

in higher

educational

institutions.

Identification

of posts for

reservation.

Reservation.

35 of 2009.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that if the nature of vacancies in an establishment is such that a given

category of person cannot be employed, the vacancies may be interchanged among the five

categories with the prior approval of the appropriate Government.

(3) The appropriate Government may, by notification, provide for such relaxation of

upper age limit for employment of persons with benchmark disability, as it thinks fit.

35. The appropriate Government and the local authorities shall, within the limit of their

economic capacity and development, provide incentives to employer in private sector to

ensure that at least five per cent. of their work force is composed of persons with benchmark

disability.

36. The appropriate Government may, by notification, require that from such date, the

employer in every establishment shall furnish such information or return as may be prescribed

by the Central Government in relation to vacancies appointed for persons with benchmark

disability that have occurred or are about to occur in that establishment to such special

employment exchange as may be notified by the Central Government and the establishment

shall thereupon comply with such requisition.

37. The appropriate Government and the local authorities shall, by notification, make

schemes in favour of persons with benchmark disabilities, to provide,—

(a) five per cent. reservation in allotment of agricultural land and housing in all

relevant schemes and development programmes, with appropriate priority to women

with benchmark disabilities;

(b) five per cent. reservation in all poverty alleviation and various developmental

schemes with priority to women with benchmark disabilities;

such land is to be used for the purpose of promoting housing, shelter, setting up of

occupation, business, enterprise, recreation centres and production centres.

CHAPTER VII

SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS

38. (1) Any person with benchmark disability, who considers himself to be in need of

high support, or any person or organisation on his or her behalf, may apply to an authority,

to be notified by the appropriate Government, requesting to provide high support.

(2) On receipt of an application under sub-section (1), the authority shall refer it to an

Assessment Board consisting of such Members as may be prescribed by the Central

Government.

(3) The Assessment Board shall assess the case referred to it under sub-section (1) in

such manner as may be prescribed by the Central Government, and shall send a report to the

authority certifying the need of high support and its nature.

(4) On receipt of a report under sub-section (3), the authority shall take steps to

provide support in accordance with the report and subject to relevant schemes and orders of

the appropriate Government in this behalf.

CHAPTER VIII

DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS

39. (1) The appropriate Government, in consultation with the Chief Commissioner or

the State Commissioner, as the case may be, shall conduct, encourage, support or promote

awareness campaigns and sensitisation programmes to ensure that the rights of the persons

with disabilities provided under this Act are protected.

(2) The programmes and campaigns specified under sub-section (1) shall also,—

(a) promote values of inclusion, tolerance, empathy and respect for diversity;

(b) advance recognition of the skills, merits and abilities of persons with

disabilities and of their contributions to the workforce, labour market and professional

fee;

Incentives to

employers in

private sector.

Special

employment

exchange.

Special

schemes and

development

programmes.

Special

provisions

for persons

with

disabilities

with high

support.

Awareness

campaigns.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

matters related to family life, relationships, bearing and raising children;

(d) provide orientation and sensitisation at the school, college, University and

professional training level on the human condition of disability and the rights of

persons with disabilities;

(e) provide orientation and sensitisation on disabling conditions and rights of

persons with disabilities to employers, administrators and co-workers;

(f) ensure that the rights of persons with disabilities are included in the curriculum

in Universities, colleges and schools.

40. The Central Government shall, in consultation with the Chief Commissioner,

formulate rules for persons with disabilities laying down the standards of accessibility for

the physical environment, transportation, information and communications, including

appropriate technologies and systems, and other facilities and services provided to the

public in urban and rural areas.

41. (1) The appropriate Government shall take suitable measures to provide,—

(a) facilities for persons with disabilities at bus stops, railway stations and

airports conforming to the accessibility standards relating to parking spaces, toilets,

ticketing counters and ticketing machines;

(b) access to all modes of transport that conform the design standards, including

retrofitting old modes of transport, wherever technically feasible and safe for persons

with disabilities, economically viable and without entailing major structural changes in

design;

(2) The appropriate Government shall develop schemes programmes to promote the

personal mobility of persons with disabilities at affordable cost to provide for,—

(a) incentives and concessions;

(b) retrofitting of vehicles; and

42. The appropriate Government shall take measures to ensure that,—

(i) all contents available in audio, print and electronic media are in accessible

format;

(ii) persons with disabilities have access to electronic media by providing audio

description, sign language interpretation and close captioning;

(iii) electronic goods and equipment which are meant for every day use are

available in universal design.

43. The appropriate Government shall take measures to promote development,

production and distribution of universally designed consumer products and accessories for

general use for persons with disabilities.

44. (1) No establishment shall be granted permission to build any structure if the

building plan does not adhere to the rules formulated by the Central Government under

section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take

occupation of a building unless it has adhered to the rules formulated by the Central

Government.

45. (1) All existing public buildings shall be made accessible in accordance with the

rules formulated by the Central Government within a period not exceeding five years from the

date of notification of such rules:

Provided that the Central Government may grant extension of time to the States on a

case to case basis for adherence to this provision depending on their state of preparedness

and other related parameters.

Accessibility.

Access to

transport.

Access to

information

and

communication

technology.

Consumer

goods.

Mandatory

observance of

accessibility

norms.

Time limit

for making

existing

infrastructure

and premises

accessible and

action for

that purpose.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The appropriate Government and the local authorities shall formulate and publish

an action plan based on prioritisation, for providing accessibility in all their buildings and

spaces providing essential services such as all primary health centres, civil hospitals, schools,

railway stations and bus stops.

46. The service providers whether Government or private shall provide services in

accordance with the rules on accessibility formulated by the Central Government under

section 40 within a period of two years from the date of notification of such rules:

Provided that the Central Government in consultation with the Chief Commissioner

may grant extension of time for providing certain category of services in accordance with the

said rules.

47. (1) Without prejudice to any function and power of Rehabilitation Council of India

constituted under the Rehabilitation Council of India Act, 1992, the appropriate Government

shall endeavour to develop human resource for the purposes of this Act and to that end

shall,—

(a) mandate training on disability rights in all courses for the training of

Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers;

(b) induct disability as a component for all education courses for schools, colleges

and University teachers, doctors, nurses, para-medical personnel, social welfare officers,

rural development officers, asha workers, anganwadi workers, engineers, architects,

other professionals and community workers;

and community relationships for families, members of community and other stakeholders

and care providers on care giving and support;

(d) ensure independence training for persons with disabilities to build community

relationships on mutual contribution and respect;

(e) conduct training programmes for sports teachers with focus on sports, games,

adventure activities;

(f) any other capacity development measures as may be required.

(2) All Universities shall promote teaching and research in disability studies including

establishment of study centres for such studies.

(3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government

shall in every five years undertake a need based analysis and formulate plans for the

recruitment, induction, sensitisation, orientation and training of suitable personnel to

undertake the various responsibilities under this Act.

48. The appropriate Government shall undertake social audit of all general schemes

and programmes involving the persons with disabilities to ensure that the scheme and

programmes do not have an adverse impact upon the persons with disabilities and need the

requirements and concerns of persons with disabilities.

CHAPTER IX

REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH

INSTITUTIONS

49. The State Government shall appoint an authority as it deems fit to be a competent

authority for the purposes of this Chapter.

50. Save as otherwise provided under this Act, no person shall establish or maintain

any institution for persons with disabilities except in accordance with a certificate of

registration issued in this behalf by the competent authority:

Provided that an institution for care of mentally ill persons, which holds a valid licence

under section 8 of the Mental Health Act, 1987 or any other Act for the time being in force,

shall not be required to be registered under this Act.

Time limit

for

accessibility

by service

providers.

Human

resource

development.

Social audit.

Competent

authority.

Registration.

14 of 1987.

34 of 1992.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

51. (1) Every application for a certificate of registration shall be made to the competent

authority in such form and in such manner as may be prescribed by the State Government.

(2) On receipt of an application under sub-section (1), the competent authority shall

make such enquiries as it may deem fit and on being satisfied that the applicant has complied

with the requirements of this Act and the rules made thereunder, it shall grant a certificate of

registration to the applicant within a period of ninety days of receipt of application and if not

satisfied, the competent authority shall, by order, refuse to grant the certificate applied for:

Provided that before making any order refusing to grant a certificate, the competent

authority shall give the applicant a reasonable opportunity of being heard and every order of

refusal to grant a certificate shall be communicated to the applicant in writing.

(3) No certificate of registration shall be granted under sub-section (2) unless the

institution with respect to which an application has been made is in a position to provide

such facilities and meet such standards as may be prescribed by the State Government.

(4) The certificate of registration granted under sub-section (2) ,—

(a) shall, unless revoked under section 52 remain in force for such period as may

be prescribed by the State Government;

(b) may be renewed from time to time for a like period; and

prescribed by the State Government.

(5) An application for renewal of a certificate of registration shall be made not less

than sixty days before the expiry of the period of validity.

(6) A copy of the certificate of registration shall be displayed by the institution in a

conspicuous place.

(7) Every application made under sub-section (1) or sub-section (5) shall be disposed

of by the competent authority within such period as may be prescribed by the State

Government.

52. (1) The competent authority may, if it has reason to believe that the holder of a

certificate of registration granted under sub-section (2) of section 51 has,—

(a) made a statement in relation to any application for the issue or renewal of the

certificate which is incorrect or false in material particulars; or

(b) committed or has caused to be committed any breach of rules or any conditions

subject to which the certificate was granted,

it may, after making such inquiry, as it deems fit, by order, revoke the certificate:

Provided that no such order shall be made until an opportunity is given to the holder

of the certificate to show cause as to why the certificate of registration shall not be revoked.

(2) Where a certificate of registration in respect of an institution has been revoked

under sub-section (1), such institution shall cease to function from the date of such revocation:

Provided that where an appeal lies under section 53 against the order of revocation,

such institution shall cease to function,—

(a) where no appeal has been preferred immediately on the expiry of the period

prescribed for the filing of such appeal; or

(b) where such appeal has been preferred, but the order of revocation has been

upheld, from the date of the order of appeal.

(3) On the revocation of a certificate of registration in respect of an institution, the

competent authority may direct that any person with disability who is an inmate of such

institution on the date of such revocation, shall be—

(a) restored to the custody of his or her parent, spouse or lawful guardian, as the

case may be; or

Application

and grant of

certificate of

registration.

Revocation

registration.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) transferred to any other institution specified by the competent authority.

(4) Every institution which holds a certificate of registration which is revoked under

this section shall, immediately after such revocation, surrender such certificate to the competent

authority.

53. (1) Any person aggrieved by the order of the competent authority refusing to grant

a certificate of registration or revoking a certificate of registration may, within such period as

may be prescribed by the State Government, prefer an appeal to such appellate authority, as

may be notified by the State Government against such refusal or revocation.

(2) The order of the appellate authority on such appeal shall be final.

54. Nothing contained in this Chapter shall apply to an institution for persons with

disabilities established or maintained by the Central Government or a State Government.

55. The appropriate Government may within the limits of their economic capacity and

development, grant financial assistance to registered institutions to provide services and to

implement the schemes and programmes in pursuance of the provisions of this Act.

CHAPTER X

CERTIFICATION OF SPECIFIED DISABILITIES

56. The Central Government shall notify guidelines for the purpose of assessing the

extent of specified disability in a person.

57. (1) The appropriate Government shall designate persons, having requisite

qualifications and experience, as certifying authorities, who shall be competent to issue the

certificate of disability.

(2) The appropriate Government shall also notify the jurisdiction within which and the

terms and conditions subject to which, the certifying authority shall perform its certification

functions.

58. (1) Any person with specified disability, may apply, in such manner as may be

prescribed by the Central Government, to a certifying authority having jurisdiction, for

issuing of a certificate of disability.

(2) On receipt of an application under sub-section (1), the certifying authority shall

assess the disability of the concerned person in accordance with relevant guidelines notified

under section 56, and shall, after such assessment, as the case may be,—

(a) issue a certificate of disability to such person, in such form as may be

prescribed by the Central Government;

(b) inform him in writing that he has no specified disability.

(3) The certificate of disability issued under this section shall be valid across the

country.

59. (1) Any person aggrieved with decision of the certifying authority, may appeal

against such decision, within such time and in such manner as may be prescribed by the

State Government, to such appellate authority as the State Government may designate for

the purpose.

(2) On receipt of an appeal, the appellate authority shall decide the appeal in such

manner as may be prescribed by the State Government.

Appeal.

Act not to

apply to

institutions

established or

maintained

by Central or

State

Government.

Assistance to

registered

institutions.

Guidelines for

assessment of

specified

disabilities.

Designation

of certifying

authorities.

Procedure for

certification.

Appeal against

a decision of

certifying

authority.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER XI

CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE

60. (1) The Central Government shall, by notification, constitute a body to be known

as the Central Advisory Board on Disability to exercise the powers conferred on, and to

perform the functions assigned to it, under this Act.

(2) The Central Advisory Board shall consist of,—

(a) the Minister in charge of Department of Disability Affairs in the Central

Government, Chairperson, ex officio;

(b) the Minister of State in charge dealing with Department of Disability Affairs

in the Ministry in the Central Government, Vice Chairperson, ex officio;

one by the Rajya Sabha, Members, ex officio;

(d) the Ministers in charge of Disability Affairs of all States and Administrators

or Lieutenant Governors of the Union territories, Members, ex officio;

(e) Secretaries to the Government of India in charge of the Ministries or

Departments of Disability Affairs, Social Justice and Empowerment, School Education

and Literacy, and Higher Education, Women and Child Development, Expenditure,

Personnel and Training, Administrative Reforms and Public Grievances, Health and

Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion,

Urban Development, Housing and Urban Poverty Alleviation, Science and Technology,

Communications and Information Technology, Legal Affairs, Public Enterprises, Youth

Affairs and Sports, Road Transport and Highways and Civil Aviation, Members,

ex officio;

(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member,

ex officio;

(g) Chairperson, Rehabilitation Council of India, Member, ex officio;

(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio;

(i) Chairman-cum-Managing Director, National Handicapped Finance

Development Corporation, Member, ex officio;

(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing

Corporation, Member, ex officio;

(k) Chairman, Railway Board, Member, ex officio;

(l) Director-General, Employment and Training, Ministry of Labour and

Employment, Member, ex officio;

(m) Director, National Council for Educational Research and Training, Member,

ex officio;

(n) Chairperson, National Council of Teacher Education, Member, ex officio;

(o) Chairperson, University Grants Commission, Member, ex officio;

(p) Chairperson, Medical Council of India, Member, ex officio;

(q) Directors of the following Institutes:—

(i) National Institute for the Visually Handicapped, Dehradun;

(ii) National Institute for the Mentally Handicapped, Secundrabad;

(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped,

New Delhi;

(iv) Ali Yavar Jung National Institute for the Hearing Handicapped,

Mumbai;

Constitution

of Central

Advisory

Board on

Disability.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(v) National Institute for the Orthopaedically Handicapped, Kolkata;

(vi) National Institute of Rehabilitation Training and Research, Cuttack;

(vii) National Institute for Empowerment of Persons with Multiple

Disabilities, Chennai;

(viii) National Institute for Mental Health and Sciences, Bangalore;

(ix) Indian Sign Language Research and Training Centre, New Delhi,

Members, ex officio;

(r) Members to be nominated by the Central Government,—

(i) five Members who are experts in the field of disability and rehabilitation;

(ii) ten Members, as far as practicable, being persons with disabilities, to

represent non-Governmental Organisations concerned with disabilities or

disabled persons organisations:

Provided that out of the ten Members nominated, at least, five Members

shall be women and at least one person each shall be from the Scheduled Castes

and the Scheduled Tribes;

(iii) up to three representatives of national level chambers of commerce

and industry;

(s) Joint Secretary to the Government of India dealing with the subject of disability

policy, Member-Secretary, ex officio.

61. (1) Save as otherwise provided under this Act, a Member of the Central Advisory

Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term

of three years from the date of his nomination:

Provided that such a Member shall, notwithstanding the expiration of his term, continue

to hold office until his successor enters upon his office.

(2) The Central Government may, if it thinks fit, remove any Member nominated under

clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving

him a reasonable opportunity of showing cause against the same.

(3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any

time resign his office by writing under his hand addressed to the Central Government and the

seat of the said Member shall thereupon becomes vacant.

(4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination

and the person nominated to fill the vacancy shall hold office only for the remainder of the

term for which the Member in whose place he was so nominated.

(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of

sub-section (2) of section 60 shall be eligible for renomination.

(6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of

sub-section (2) of section 60 shall receive such allowances as may be prescribed by the

Central Government.

62. (1) No person shall be a Member of the Central Advisory Board, who —

(a) is, or at any time has been, adjudged insolvent or has suspended payment of

his debts or has compounded with his creditors, or

(b) is of unsound mind and stands so declared by a competent court, or

Government, involves moral turpitude, or

(d) is, or at any time has been, convicted of an offence under this Act, or

(e) has so abused his position in the opinion of the Central Government as a

Member so as to render his continuance in the office is prejudicial interests of the

general public.

(2) No order of removal shall be made by the Central Government under this section

unless the Member concerned has been given a reasonable opportunity of showing cause

against the same.

Terms

and

conditions of

Service

members.

Disqualifications.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section

61, a Member who has been removed under this section shall not be eligible for renomination

as a Member.

63. If a Member of the Central Advisory Board becomes subject to any of the

disqualifications specified in section 62, his seat shall become vacant.

64. The Central Advisory Board shall meet at least once in every six months and shall

observe such rules of procedure in regard to the transaction of business at its meetings as

may be prescribed.

65. (1) Subject to the provisions of this Act, the Central Advisory Board on disability

shall be the national-level consultative and advisory body on disability matters, and shall

facilitate the continuous evolution of a comprehensive policy for the empowerment of persons

with disabilities and the full enjoyment of rights.

(2) In particular and without prejudice to the generality of the foregoing provisions,

the Central Advisory Board on disability shall perform the following functions, namely:—

(a) advise the Central Government and the State Governments on policies,

programmes, legislation and projects with respect to disability;

(b) develop a national policy to address issues concerning persons with

disabilities;

and other Governmental and non-Governmental Organisations which are dealing with

matters relating to persons with disabilities;

(d) take up the cause of persons with disabilities with the concerned authorities

and the international organisations with a view to provide for schemes and projects for

the persons with disabilities in the national plans;

(e) recommend steps to ensure accessibility, reasonable accommodation, non-

discrimination for persons with disabilities vis-à-vis information, services and the built

environment and their participation in social life;

(f) monitor and evaluate the impact of laws, policies and programmes to achieve

full participation of persons with disabilities; and

(g) such other functions as may be assigned from time to time by the Central

Government.

66. (1) Every State Government shall, by notification, constitute a body to be known

as the State Advisory Board on disability to exercise the powers conferred on, and to perform

the function assigned to it, under this Act.

(2) The State Advisory Board shall consist of—

(a) the Minister in charge of the Department in the State Government dealing

with disability matters, Chairperson, ex officio;

(b) the Minister of State or the Deputy Minister in charge of the Department in

the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio;

Affairs, School Education, Literacy and Higher Education, Women and Child

Development, Finance, Personnel and Training, Health and Family Welfare, Rural

Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment,

Urban Development, Housing and Urban Poverty Alleviation, Science and Technology,

Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport

and any other Department, which the State Government considers necessary, Members,

ex officio;

(d) three Members of the State Legislature of whom two shall be elected by the

Legislative Assembly and one by the Legislative Council, if any, and where there is no

Legislative Council, three Members shall be elected by the Legislative Assembly,

Members, ex officio;

Vacation of

seats by

Members.

Meetings of

the Central

Advisory

Board on

disability.

Functions of

Central

Advisory

Board on

disability.

State

Advisory

Board on

disability.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) Members to be nominated by the State Government:—

(i) five Members who are experts in the field of disability and rehabilitation;

(ii) five Members to be nominated by the State Government by rotation to

represent the districts in such manner as may be prescribed:

Provided that no nomination under this sub-clause shall be made except

on the recommendation of the district administration concerned;

(iii) ten persons as far as practicable, being persons with disabilities, to

represent non-Governmental Organisations or associations which are concerned

with disabilities:

Provided that out of the ten persons nominated under this clause, at least,

five shall be women and at least one person each shall be from the Scheduled

Castes and the Scheduled Tribes;

(iv) not more than three representatives of the State Chamber of Commerce

and Industry;

(f) officer not below the rank of Joint Secretary in the Department dealing with

disability matters in the State Government, Member-Secretary, ex officio.

67. (1) Save as otherwise provided under this Act, a Member of the State Advisory

Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for a term

of three years from the date of his nomination:

Provided that such a Member shall, notwithstanding the expiration of his term, continue

to hold office until his successor enters upon his office.

(2) The State Government may, if it thinks fit, remove any Member nominated under

clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving

him a reasonable opportunity of showing cause against the same.

(3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any

time resign his office by writing under his hand addressed to the State Government and the

seat of the said Member shall thereupon become vacant.

(4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination

and the person nominated to fill the vacancy shall hold office only for the remainder of the

term for which the Member in whose place he was so nominated.

(5) A Member nominated under sub-clause (i) or sub-clause (iii) of

clause (e) of sub-section (2) of section 66 shall be eligible for renomination.

(6) the Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of

sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State

Government.

68. (1) No person shall be a Member of the State Advisory Board, who—

(a) is, or at any time has been, adjudged insolvent or has suspended payment of

his debts or has compounded with his creditors, or

(b) is of unsound mind and stands so declared by a competent court, or

Government, involves moral turpitude, or

(d) is, or at any time has been, convicted of an offence under this Act, or

(e) has so abused in the opinion of the State Government his position as a

Member as to render his continuance in the State Advisory Board detrimental to the

interests of the general public.

(2) No order of removal shall be made by the State Government under this section

unless the Member concerned has been given a reasonable opportunity of showing cause

against the same.

Terms and

conditions of

service of

Members.

Disqualification.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section

67, a Member who has been removed under this section shall not be eligible for renomination

as a Member.

69. If a Member of the State Advisory Board becomes subject to any of the

disqualifications specified in section 68 his seat shall become vacant.

70. The State Advisory Board shall meet at least once in every six months and shall

observe such rules or procedure in regard to the transaction of business at its meetings as

may be prescribed by the State Government.

71. (1) Subject to the provisions of this Act, the State Advisory Board shall be the

State-level consultative and advisory body on disability matters, and shall facilitate the

continuous evolution of a comprehensive policy for the empowerment of persons with

disabilities and the full enjoyment of rights.

(2) In particular and without prejudice to the generality of the foregoing provisions,

the State Advisory Board on disability shall perform the following functions, namely:—

(a) advise the State Government on policies, programmes, legislation and projects

with respect to disability;

(b) develop a State policy to address issues concerning persons with disabilities;

and other Governmental and non-Governmental Organisations in the State which are

dealing with matters relating to persons with disabilities;

(d) take up the cause of persons with disabilities with the concerned authorities

and the international organisations with a view to provide for schemes and projects for

the persons with disabilities in the State plans;

(e) recommend steps to ensure accessibility, reasonable accommodation, non-

discrimination for persons with disabilities, services and the built environment and

their participation in social life on an equal basis with others;

(f) monitor and evaluate the impact of laws, policies and programmes designed

to achieve full participation of persons with disabilities; and

(g) such other functions as may be assigned from time to time by the State

Government.

72. The State Government shall constitute District-level Committee on disability to

perform such functions as may be prescribed by it.

73. No act or proceeding of the Central Advisory Board on disability, a State Advisory

Board on disability, or a District-level Committee on disability shall be called in question on

the ground merely of the existence of any vacancy in or any defect in the constitution of

such Board or Committee, as the case may be.

CHAPTER XII

CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

74. (1) The Central Government may, by notification, appoint a Chief Commissioner for

Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes

of this Act.

(2) The Central Government may, by notification appoint two Commissioners to assist

the Chief Commissioner, of which one Commissioner shall be a persons with disability.

Vacation of

seats.

Meetings of

State

Advisory

Board on

disability.

Functions of

State

Advisory

Board on

disability.

District-level

Committee

on disability.

Vacancies not

to invalidate

proceedings.

Appointment

of Chief

Commissioner

and

Commissioners.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Functions of

Chief

Commissioner.

(3) A person shall not be qualified for appointment as the Chief Commissioner or

Commissioner unless he has special knowledge or practical experience in respect of matters

relating to rehabilitation.

(4) The salary and allowances payable to and other terms and conditions of service

(including pension, gratuity and other retirement benefits) of the Chief Commissioner and

Commissioners shall be such as may be prescribed by the Central Government.

(5) The Central Government shall determine the nature and categories of officers and

other employees required to assist the Chief Commissioner in the discharge of his functions

and provide the Chief Commissioner with such officers and other employees as it thinks fit.

(6) The officers and employees provided to the Chief Commissioner shall discharge

their functions under the general superintendence and control of the Chief Commissioner.

(7) The salaries and allowances and other conditions of service of officers and employees

shall be such as may be prescribed by the Central Government.

(8) The Chief Commissioner shall be assisted by an advisory committee comprising of

not more than eleven members drawn from the experts from different disabilities in such

manner as may be prescribed by the Central Government.

75. (1) The Chief Commissioner shall—

(a) identify, suo motu or otherwise, the provisions of any law or policy, programme

and procedures, which are inconsistent with this Act and recommend necessary

corrective steps;

(b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities

and safeguards available to them in respect of matters for which the Central Government

is the appropriate Government and take up the matter with appropriate authorities for

corrective action;

time being in force for the protection of rights of persons with disabilities and recommend

measures for their effective implementation;

(d) review the factors that inhibit the enjoyment of rights of persons with

disabilities and recommend appropriate remedial measures;

(e) study treaties and other international instruments on the rights of persons

with disabilities and make recommendations for their effective implementation;

(f) undertake and promote research in the field of the rights of persons with

disabilities;

(g) promote awareness of the rights of persons with disabilities and the

safeguards available for their protection;

(h) monitor implementation of the provisions of this Act and schemes, programmes

meant for persons with disabilities;

(i) monitor utilisation of funds disbursed by the Central Government for the

benefit of persons with disabilities; and

(j) perform such other functions as the Central Government may assign.

(2) The Chief Commissioner shall consult the Commissioners on any matter while

discharging its functions under this Act.

76. Whenever the Chief Commissioner makes a recommendation to an authority in

pursuance of clause (b) of section 75, that authority shall take necessary action on it, and

inform the Chief Commissioner of the action taken within three months from the date of

receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall convey

reasons for non-acceptance to the Chief Commissioner within a period of three months, and

shall also inform the aggrieved person.

Action of

appropriate

authorities on

recommendation

of Chief

Commissioner.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

77. (1) The Chief Commissioner shall, for the purpose of discharging his functions

under this Act, have the same powers of a civil court as are vested in a court under the Code

of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any documents;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the Chief Commissioner shall be a judicial proceeding

within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief

Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter

XXVI of the Code of Criminal Procedure, 1973.

78. (1) The Chief Commissioner shall submit an annual report to the Central Government

and may at any time submit special reports on any matter, which, in his opinion, is of such

urgency or importance that it shall not be deferred till submission of the annual report.

(2) The Central Government shall cause the annual and the special reports of the

Chief Commissioner to be laid before each House of Parliament, along with a memorandum of

action taken or proposed to be taken on his recommendations and the reasons for non-

acceptance the recommendations, if any.

(3) The annual and special reports shall be prepared in such form, manner and contain

such details as may be prescribed by the Central Government.

79. (1) The State Government may, by notification, appoint a State Commissioner for

Persons with Disabilities (hereinafter referred to as the "State Commissioner") for the purposes

of this Act.

(2) A person shall not be qualified for appointment as the State Commissioner unless

he has special knowledge or practical experience in respect of matters relating to rehabilitation.

(3) The salary and allowances payable to and other terms and conditions of service

(including pension, gratuity and other retirement benefits) of the State Commissioner shall

be such as may be prescribed by the State Government.

(4) The State Government shall determine the nature and categories of officers and

other employees required to assist the State Commissioner in the discharge of his functions

and provide the State Commissioner with such officers and other employees as it thinks fit.

(5) The officers and employees provided to the State Commissioner shall discharge his

functions under the general superintendence and control of the State Commissioner.

(6) The salaries and allowances and other conditions of service of officers and employees

shall be such as may be prescribed by the State Government.

(7) The State Commissioner shall be assisted by an advisory committee comprising of

not more than five members drawn from the experts in the disability sector in such manner as

may be prescribed by the State Government.

80. The State Commissioner shall—

(a) identify, suo motu or otherwise, provision of any law or policy, programme

and procedures, which are in consistent with this Act, and recommend necessary

corrective steps;

(b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities

and safeguards available to them in respect of matters for which the State Government

is the appropriate Government and take up the matter with appropriate authorities for

corrective action;

Powers of

Chief

Commissioner.

Annual and

special

reports by

Chief

Commissioner.

Appointment

of State

Commissioner

in States.

Functions of

State

Commissioner.

45 of 1860.

2 of 1974.

5 of 1908.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

time being in force for the protection of rights of persons with disabilities and recommend

measures for their effective implementation;

(d) review the factors that inhibit the enjoyment of rights of persons with

disabilities and recommend appropriate remedial measures;

(e) undertake and promote research in the field of the rights of persons with

disabilities;

(f) promote awareness of the rights of persons with disabilities and the safeguards

available for their protection;

(g) monitor implementation of the provisions of this Act and schemes, programmes

meant for persons with disabilities;

(h) monitor utilisation of funds disbursed by the State Government for the benefits

of persons with disabilities; and

(i) perform such other functions as the State Government may assign.

81. Whenever the State Commissioner makes a recommendation to an authority

in pursuance of clause (b) of section 80, that authority shall take necessary action on it,

and inform the State Commissioner of the action taken within three months from the

date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall

convey reasons for non-acceptance to the State Commissioner for Persons

with Disabilities within the period of three months, and shall also inform the aggrieved

person.

82. (1) The State Commissioner shall, for the purpose of discharging their functions

under this Act, have the same powers of a civil court as are vested in a court under the Code

of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any documents;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the State Commissioner shall be a judicial proceeding

within the meaning of sections 193 and 228 of the Indian Penal Code and the State

Commissioners shall be deemed to be a civil court for the purposes of section 195 and

Chapter XXVI of the Code of Criminal Procedure, 1973.

83. (1) The State Commissioner shall submit an annual report to the State Government

and may at any time submit special reports on any matter, which, in its opinion, is of such

urgency or importance that it shall not be deferred till submission of the annual report.

(2) The State Government shall cause the annual and the special reports of the State

Commissioner for persons with disabilities to be laid before each House of State Legislature

where it consists of two Houses or where such Legislature consist of one House, before that

House along with a memorandum of action taken or proposed to be taken on the

recommendation of the State Commissioner and the reasons for non-acceptance the

recommendations, if any.

(3) The annual and special reports shall be prepared in such form, manner and contain

such details as may be prescribed by the State Government.

5 of 1908.

Annual and

special

reports by

State

Commissioner.

Action by

appropriate

authorities on

recommendation

of State

Commissioner.

Powers of

State

Commissioner.

45 of 1860.

2 of 1974.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER XIII

SPECIAL COURT

84. For the purpose of providing speedy trial, the State Government shall, with the

concurrence of the Chief Justice of the High Court, by notification, specify for each district,

a Court of Session to be a Special Court to try the offences under this Act.

85. (1) For every Special Court, the State Government may, by notification, specify

a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not

less than seven years, as a Special Public Prosecutor for the purpose of conducting cases

in that Court.

(2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled

to receive such fees or remuneration as may be prescribed by the State Government.

CHAPTER XIV

NATIONAL FUND FOR PERSONS WITH DISABILITIES

86. (1) There shall be constituted a Fund to be called the National Fund for persons

with disabilities and there shall be credited thereto—

(a) all sums available under the Fund for people with disabilities, constituted

vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for

Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/

2004-DDII, dated the 21st November, 2006, under the Charitable Endowment

Act, 1890.

(b) all sums payable by banks, corporations, financial institutions in pursuance

of judgment dated the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal

Nos. 4655 and 5218 of 2000;

or transfers;

(d) all sums received from the Central Government including grants-in-aid;

(e) all sums from such other sources as may be decided by the Central

Government.

(2) The Fund for persons with disabilities shall be utilised and managed in such

manner as may be prescribed.

87. (1) The Central Government shall maintain proper accounts and other relevant

records and prepare an annual statement of accounts of the Fund including the income and

expenditure accounts in such form as may be prescribed in consultation with the Comptroller

and Auditor-General of India.

(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General

of India at such intervals as may be specified by him and any expenditure incurred by him

in connection with such audit shall be payable from the Fund to the Comptroller and Auditor-

General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed

by him in connection with the audit of the accounts of the Fund shall have the same rights,

privileges and authority in connection with such audit as the Comptroller and Auditor-

General of India generally has in connection with the audit of the Government accounts,

and in particular, shall have the right to demand production of books of account, connected

vouchers and other documents and papers and to inspect any of the offices of the Fund.

(4) The accounts of the Fund as certified by the Comptroller and Auditor-General

of India or any other person appointed by him in this behalf, together with the audit report

thereon, shall be laid before each House of Parliament by the Central Government.

Special Court.

Special Public

Prosecutor.

National Fund

for persons

with

disabilities.

6 of 1890.

Accounts and

audit.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER XV

STATE FUND FOR PERSONS WITH DISABILITIES

88. (1) There shall be constituted a Fund to be called the State Fund for persons with

disabilities by a State Government in such manner as may be prescribed by the State

Government.

(2) The State Fund for persons with disabilities shall be utilised and managed in such

manner as may be prescribed by the State Government.

(3) Every State Government shall maintain proper accounts and other relevant records

of the State Fund for persons with disabilities including the income and expenditure accounts

in such form as may be prescribed by the State Government in consultation with the

Comptroller and Auditor-General of India.

(4) The accounts of the State Fund for persons with disabilities shall be audited by the

Comptroller and Auditor-General of India at such intervals as may be specified by him and

any expenditure incurred by him in connection with such audit shall be payable from the

State Fund to the Comptroller and Auditor-General of India.

(5) The Comptroller and Auditor-General of India and any person appointed by him

in connection with the audit of the accounts of the State Fund for persons with disabilities

shall have the same rights, privileges and authority in connection with such audit as the

Comptroller and Auditor-General of India generally has in connection with the audit of the

Government accounts, and in particular, shall have right to demand production of books of

accounts, connected vouchers and other documents and papers and to inspect any of the

offices of the State Fund.

(6) The accounts of the State Fund for persons with disabilites as certified by the

Comptroller and Auditor-General of India or any other person appointed by him in this behalf

together with the audit report thereon shall be laid before each House of the State Legislature

where it consists of two Houses or where such Legislature consists of one House before that

House.

CHAPTER XVI

OFFENCES AND PENALTIES

89. Any person who contravenes any of the provisions of this Act, or of any rule made

thereunder shall for first contravention be punishable with fine which may extend to ten

thounsand rupees and for any subsequent contravention with fine which shall not be less

than fifty thousand rupees but which may extend to five lakh rupees.

90. (1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed, was in charge of, and was responsible to,

the company for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the offence was committed

without his knowledge or that he had exercised all due diligence to prevent the commission

of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to any neglect on the part

of any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall also be deemed to be guilty of that offence and shall be

liable to be proceeded against and punished accordingly.

State Fund for

persons with

disabilities.

Punishment for

contravention

of provisions

of Act or rules

or regulations

made

thereunder.

Offences by

companies.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association

of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

91. Whoever, fraudulently avails or attempts to avail any benefit meant for persons

with benchmark disabilities, shall be punishable with imprisonment for a term which may

extend to two years or with fine which may extend to one lakh rupees or with both.

92. Whoever,—

(a) intentionally insults or intimidates with intent to humiliate a person with

disability in any place within public view;

(b) assaults or uses force to any person with disability with intent to dishonour

him or outrage the modesty of a woman with disability;

or knowingly denies food or fluids to him or her;

(d) being in a position to dominate the will of a child or woman with disability and

uses that position to exploit her sexually;

(e) voluntarily injures, damages or interferes with the use of any limb or sense or

any supporting device of a person with disability;

(f) performs, conducts or directs any medical procedure to be performed on a

woman with disability which leads to or is likely to lead to termination of pregnancy

without her express consent except in cases where medical procedure for termination

of pregnancy is done in severe cases of disability and with the opinion of a registered

medical practitioner and also with the consent of the guardian of the woman with

disability,

shall be punishable with imprisonment for a term which shall not be less than six months but

which may extend to five years and with fine.

93. Whoever, fails to produce any book, account or other documents or to furnish any

statement, information or particulars which, under this Act or any order, or direction made or

given thereunder, is duty bound to produce or furnish or to answer any question put in

pursuance of the provisions of this Act or of any order, or direction made or given thereunder,

shall be punishable with fine which may extend to twenty-five thousand rupees in respect of

each offence, and in case of continued failure or refusal, with further fine which may extend

to one thousand rupees for each day, of continued failure or refusal after the date of original

order imposing punishment of fine.

94. No Court shall take cognizance of an offence alleged to have been committed by an

employee of the appropriate Government under this Chapter, except with the previous sanction

of the appropriate Government or a complaint is filed by an officer authorised by it in this

behalf.

95. Where an act or omission constitutes an offence punishable under this Act and

also under any other Central or State Act, then, notwithstanding anything contained in any

other law for the time being in force, the offender found guilty of such offence shall be liable

to punishment only under such Act as provides for punishment which is greater in degree.

Punishment for

fraudulently

availing any

benefit meant

for persons

with benchmark

disabilities.

Punishment

for offences

of atrocities.

Punishment

for failure to

furnish

information.

sanction of

appropriate

Government.

Alternative

punishments.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER XVII

MISCELLANEOUS

96. The provisions of this Act shall be in addition to, and not in derogation of, the

provisions of any other law for the time being in force.

97. No suit, prosecution or other legal proceeding shall lie against the appropriate

Government or any officer of the appropriate Government or any officer or employee of the

Chief Commissioner or the State Commissioner for anything which is in good faith done or

intended to be done under this Act or the rules made thereunder.

98. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order, published in the Official Gazette, make such provisions or give

such directions, not inconsistent with the provisions of this Act, as may appear to it to be

necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of the

period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid as soon as may be, after it is made,

before each House of Parliament.

99. (1) On the recommendations made by the appropriate Government or otherwise, if

the Central Government is satisfied that it is necessary or expedient so to do, it may, by

notification, amend the Schedule and any such notification being issued, the Schedule shall

be deemed to have been amended accordingly.

(2) Every such notification shall, as soon as possible after it is issued, shall be laid

before each House of Parliament.

100. (1) The Central Government may, subject to the condition of previous publication,

by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

(a) the manner of constituting the Committee for Research on Disability under

sub-section (2) of section 6;

(b) the manner of notifying the equal opportunity policy under sub-section (1)

of section 21;

sub-section (1) of section 22;

(d) the manner of maintenance of register of complaints by grievance redressal

officer under sub-section (3) of section 23;

(e) the manner of furnishing information and return by establishment to the

Special Employment Exchange under section 36;

(f) the composition of the Assessment Board under sub-section (2) and manner

of assessment to be made by the Assessment Board under sub-section (3) of

section 38;

(g) rules for person with disabilites laying down the standards of accessibility

under section 40;

(h) the manner of application for issuance of certificate of disability under

sub-section (1) and form of certificate of disability under sub-section (2) of section 58;

(i) the allowances to be paid to nominated Members of the Central Advisory

Board under sub-section (6) of section 61;

(j) the rules of procedure for transaction of business in the meetings of the

Central Advisory Board under section 64;

Application

of other laws

not barred.

Protection of

action taken

in good faith.

Power to

remove

difficulties.

Power to

amend

Schedule.

Power of

Central

Government

to make

rules.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(k) the salaries and allowances and other conditions of services of

Chief Commissioner and Commissioners under sub-section (4) of section 74;

(l) the salaries and allowances and conditions of services of officers and staff of

the Chief Commissioner under sub-section (7) of section 74;

(m) the composition and manner of appointment of experts in the advisory

committee under sub-section (8) of section 74;

(n) the form, manner and content of annual report to be prepared and submitted

by the Chief Commissioner under sub-section (3) of section 78;

(o) the procedure, manner of utilisation and management of the Fund under

sub-section (2) of section 86; and

(p) the form for preparation of accounts of Fund under sub-section (1) of

section 87.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made,

before each House of Parliament while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter have effect only in such modified form or be of

no effect, as the case may be; so, however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done under that rule.

101. (1) The State Government may, subject to the condition of previous publication,

by notification, make rules for carrying out the provisions of this Act, not later than

six months from the date of commencement of this Act.

(2) In particular, and without prejudice to the generality of foregoing powers, such

rules may provide for all or any of the following matters, namely:—

(a) the manner of constituting the Committee for Research on Disablity under

sub-section (2) of section 5;

(b) the manner of providing support of a limited guardian under sub-section (1)

of section 14;

under sub-section (1) of section 51;

(d) the facilities to be provided and standards to be met by institutions for grant

of certificate of registration under sub-section (3) of section 51;

(e) the validity of certificate of registration, the form of, and conditions attached

to, certificate of registration under sub-section (4) of section 51;

(f) the period of disposal of application for certificate of registration under

sub-section (7) of section 51;

(g) the period within which an appeal to be made under sub-section (1) of

section 53;

(h) the time and manner of appealing against the order of certifying authority

under sub-section (1) and manner of disposal of such appeal under sub-section (2) of

section 59;

(i) the allowances to be paid to nominated Members of the State Advisory Board

under sub-section (6) of section 67;

(j) the rules of procedure for transaction of business in the meetings of the State

Advisory Board under section 70;

(k) the composition and functions of District Level Committee under section 72;

Power of State

Government

to make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(l) salaries, allowances and other conditions of services of the State Commissioner

under sub-section (3) of section 79;

(m) the salaries, allowances and conditions of services of officers and staff of

the State Commissioner under sub-section (3) of section 79;

(n) the composition and manner of appointment of experts in the advisory

committee under sub-section (7) of section 79;

(o) the form, manner and content of annual and special reports to be prepared

and submitted by the State Commissioner under sub-section (3) of section 83;

(p) the fee or remuneration to be paid to the Special Public Prosecutor under

sub-section (2) of section 85;

(q) the manner of constitution of State Fund for persons with disabilities under

sub-section (1), and the manner of utilisation and management of State Fund under

sub-section (2) of section 88;

(r) the form for preparation of accounts of the State Fund for persons with

disabilities under sub-section (3) of section 88.

(3) Every rule made by the State Government under this Act shall be laid, as soon as

may be after it is made, before each House of the State Legislature where it consists of two

Houses, or where such State Legislature consists of one House, before that House.

102. (1) The Persons with Disabilities (Equal Opportunity Protection of Rights and

Full Participation) Act, 1995 is hereby repealed.

(2) Notwithstanding the repeal of the said Act, anything done or any action taken

under the said Act, shall be deemed to have been done or taken under the corresponding

provisions of this Act.

Repeal and

savings.

1 of 1996.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

THE SCHEDULE

[See clause (zc) of section 2]

SPECIFIED DISABILITY

1. Physical disability.—

A. Locomotor disability (a person's inability to execute distinctive activities

associated with movement of self and objects resulting from affliction of musculoskeletal

or nervous system or both), including—

(a) "leprosy cured person" means a person who has been cured of leprosy

but is suffering from—

(i) loss of sensation in hands or feet as well as loss of sensation and

paresis in the eye and eye-lid but with no manifest deformity;

(ii) manifest deformity and paresis but having sufficient mobility in

their hands and feet to enable them to engage in normal economic activity;

(iii) extreme physical deformity as well as advanced age which

prevents him/her from undertaking any gainful occupation, and the

expression "leprosy cured" shall construed accordingly;

(b) "cerebral palsy" means a Group of non-progressive neurological

condition affecting body movements and muscle coordination, caused by damage

to one or more specific areas of the brain, usually occurring before, during or

shortly after birth;

height of 4 feet 10 inches (147 centimeters) or less;

(d) "muscular dystrophy" means a group of hereditary genetic muscle

disease that weakens the muscles that move the human body and persons with

multiple dystrophy have incorrect and missing information in their genes, which

prevents them from making the proteins they need for healthy muscles. It is

characterised by progressive skeletal muscle weakness, defects in muscle

proteins, and the death of muscle cells and tissue;

(e) "acid attack victims" means a person disfigured due to violent assaults

by throwing of acid or similar corrosive substance.

B. Visual impairment—

(a) "blindness" means a condition where a person has any of the following

conditions, after best correction—

(i) total absence of sight; or

(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the

better eye with best possible correction; or

(iii) limitation of the field of vision subtending an angle of less than

10 degree.

(b) "low-vision" means a condition where a person has any of the following

conditons, namely:—

(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or

upto 10/200 (Snellen) in the better eye with best possible corrections; or

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) limitation of the field of vision subtending an angle of less than

40 degree up to 10 degree.

C. Hearing impairment—

(a) "deaf" means persons having 70 DB hearing loss in speech frequencies

in both ears;

(b) "hard of hearing" means person having 60 DB to 70 DB hearing loss in

speech frequencies in both ears;

D. "speech and language disability" means a permanent disability arising out of

conditions such as laryngectomy or aphasia affecting one or more components of

speech and language due to organic or neurological causes.

2. Intellectual disability, a condition characterised by significant limitation both in

intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour

which covers a range of every day, social and practical skills, including—

(a) "specific learning disabilities" means a heterogeneous group of conditions

wherein there is a deficit in processing language, spoken or written, that may manifest

itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical

calculations and includes such conditions as perceptual disabilities, dyslexia,

dysgraphia, dyscalculia, dyspraxia and developmental aphasia;

(b) "autism spectrum disorder" means a neuro-developmental condition typically

appearing in the first three years of life that significantly affects a person's ability to

communicate, understand relationships and relate to others, and is frequently associated

with unusal or stereotypical rituals or behaviours.

3. Mental behaviour,—

"mental illness" means a substantial disorder of thinking, mood, perception,

orientation or memory that grossly impairs judgment, behaviour, capacity to recognise

reality or ability to meet the ordinary demands of life, but does not include retardation

which is a conditon of arrested or incomplete development of mind of a person, specially

characterised by subnormality of intelligence.

4. Disability caused due to—

(a) chronic neurological conditions, such as—

(i) "multiple sclerosis" means an inflammatory, nervous system disease in

which the myelin sheaths around the axons of nerve cells of the brain and spinal

cord are damaged, leading to demyelination and affecting the ability of nerve

cells in the brain and spinal cord to communicate with each other;

(ii) "parkinson's disease" means a progressive disease of the nervous

system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly

affecting middle-aged and elderly people associated with degeneration of the

basal ganglia of the brain and a deficiency of the neurotransmitter dopamine.

(b) Blood disorder—

(i) "haemophilia" means an inheritable disease, usually affecting only

male but transmitted by women to their male children, characterised by loss or

impairment of the normal clotting ability of blood so that a minor would may

result in fatal bleeding;

(ii) "thalassemia" means a group of inherited disorders characterised by

reduced or absent amounts of haemoglobin.

(iii) "sickle cell disease" means a hemolytic disorder characterised by

chronic anemia, painful events, and various complications due to associated

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

tissue and organ damage; "hemolytic" refers to the destruction of the cell

membrane of red blood cells resulting in the release of hemoglobin.

5. Multiple Disabilities (more than one of the above specified disabilities) including

deaf blindness which means a condition in which a person may have combination of

hearing and visual impairments causing severe communication, developmental, and

educational problems.

6. Any other category as may be notified by the Central Government.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

GMGIPMRND—4011GI(S3)—28-12-2016.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2016.12.28

23:32:17 +05'30'