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असाधारण
EXTRAORDINARY
Ĥाͬधकार से Ĥकाͧशत
PUBLISHED BY AUTHORITY
Part II - Section 3
केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन
ADMINISTRATION OF UNION TERRITORY OF LADAKH
File No: A/11/2021-S&TW SEC
Department of Social & Tribal Welfare
Notification
Ladakh, the 5th of February, 2024
S.O. 8.- Whereas a draft of the Rights of Persons with Disabilities Rules, 2021 was published as required by
sub-sections (1) and (2) of section 101 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) in the
Ladakh Gazette, Extraordinary, Part-I, vide number S.O 64 dated 9th December 2021, inviting objections and
suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on
which the copies of the Official Gazette containing the said notification were made available to the public;
And whereas the copies of the Official Gazette in which the said notification was published were made
available to the public on the 16th of December, 2021;
And whereas objections and suggestions received from the public on the said draft rules were considered
by the Administration of Union territory of Ladakh;
लɮदाख, 28 माच[, 2024
LADAKH, THURSDAY, MARCH, 28, 2024
भारतसरकार
GOVERNMENT OF INDIA
एस.जी.-एल.डी.-अ.-02042024-1283
SG-LD-E-02042024-1283
And whereas the revised draft of the Rights of Persons with Disabilities Rules was again published on
Ladakh gazette and also placed in public domain vide letter dated 1st September 2023, inviting objections and
suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on
which the draft was made available to the public;
Now, therefore, in exercise of powers conferred by sub-sections (1) and (2) of section 101 of the Rights of
Persons with Disabilities Act, 2016 (49 of 2016), the Administration of Union territory of Ladakh hereby makes the
following rules, namely:-
CHAPTER-I
PRELIMINARY
1. Short title and Commencement.- (1) These rules may be called the Ladakh Rights of Persons with
Disabilities Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(i)
"Act" means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);
(ii) "Certificate"means a certificate of disability issued by a certifying authority referred to in sub-section
(1) of section 57 of the Act;
(iii) “Certificate of registration” means a certificate ofregistration issued by the competent authority under
section 50 of the Act;
(iv) "Form" means a form appended to these rules; and
(v)
“Section” means the section of the Act.
(2) Words and expressions used herein and not defined but defined in the Act sall have the meanings
respectively assigned to them in the Act.
CHAPTER-II
RIGHTS AND ENTITLEMENTS
3.
Union Territory Committee for Research on Disability.- (1) The Committee for Research on Disability
at the Union territory Level shall consist of the following members, namely:-
(i) Administrative Secretary, Health and Medical Education Department, or Head of an Institution dealing
in the field of Science and Medical research to be nominated by the Administration of UT of Ladakh,
ex-officio Chairperson;
(ii) Representative from the Directorate of Health Services – Member;
(iii) Representative from Medical College, preferably a doctor with disability - Member;
(iv) Five members as representatives from a registered Union territory level organization representing each
of the five groups of specified disabilities in the Schedule of the Act, to be nominated by the
Administration – Members:
Provided that at least one representative of the registered organizations is a woman;
(v) Representative from an autonomous institution in the field of Disability under the Administration of UT
Ladakh - Member;
(vi) Director Social Welfare – Member Secretary;
(2) The Chairperson may co-opt any expert in the subject matter of disability in which the research is proposed.
(3) The term of office of the nominated members shall be for a period of three years from the date on which they
enter upon office but the nominated members shall be eligible for re-nomination for one more term.
(4) One half of the members shall constitute the quorum of the meeting.
(5) The non-official members and special invitees shall be entitled for travelling allowance and dearness allowance
as admissible to a Group A or equivalent officer of the Administration of UT Ladakh.
(6) The Committee shall be provided with such clerical and other staff as the Administration of UT Ladakh may
consider necessary.
CHAPTER-III
LIMITED GUARDIANSHIP
4.
Limited Guardianship.- (1) Chief Judicial Magistrate on its own, or on an application filed by the person
with disability, or through a blood relative or filed on behalf of the person with disability through a Government
organization or a Registered organization under whose care the person with disability is residing, shall grant the
support of alimited guardian to take a legally binding decision onbehalf of the person with disability in consultation
with such person.
(2) Chief Judicial Magistrate, before granting the support of a limited guardian for the person with disability shall
satisfy itself that such a person is not in a position to take legally binding decision on one’s own.
(3) Chief Judicial Magistrate shall hold hearings to determine the legal capacity of the person with disabilities;
During such hearings, the person with disabilities shall be present. If required, expert opinion shall be sought by the
court to determine the legal capacity of the person with disabilities.
(4)
The validity period for limited guardianship as appointed under sub-rule (1) shall be initially for a period of
three years which can be further extended by the Chief Judicial Magistrate as the case may be:
Provided that the Chief Judicial Magistrate shall follow the same procedure while extending the validity of
the limited guardianship as followed while granting the initial guardianship.
(5)
Chief Judicial Magistrate shall take a decision preferably within a period of one month from the date of
receipt of an application regarding grant of limited guardianship or from the date of coming to its notice of the need
of such limited guardianship: Provided that the consent of the person to act as a limited guardian shall also be
obtained before grant of such limited guardianship:
Provided that the Chief Judicial Magistrate shall follow the same procedure while extending the validity of
the limited guardianship as followed while granting the initial guardianship.
(6)
While granting the support of such limited guardianship, the Chief Judicial Magistrate shall consider a
suitable person to be appointed as alimited guardian in the following preference of merit, namely:-
(a)
The parents or adult children of the person with disability;
(b)
Immediate brother or sister;
(c)
Other blood relatives or care givers or prominent personality of the locality; and
(d)
In case the family of the person withdisability is not known, Superintendent of the Government
Institution or In charge of the Registered organization under whose care the person with disability is
residing, may be considered.
(7)
Only those individuals who are over the age of 18 years and who have not been previously convicted of any
cognizable offence as defined in the Code of Criminal Procedure, 1973 (1 of 1974) shall be appointed as a limited
Guardian.
(8)
The limited guardian appointed under sub-rule(1) shall consult the person with disability in all matters before
taking any legally binding decisions on behalf of the person with disability.
(9)
The appointed limited guardian shall ensure that the legally binding decisions taken on behalf of the
personwith disabilityareintheinterest oftheperson with disability.
5.
Appellate Authority. - The Appellate authority to appeal against any decision of the Chief Judicial
Magistrate for appointment of limited Guardian under sub- rule (1) of rule 4, shall be the District Court.
6.
Designated Authority to Mobilize Community and Create Social Awareness to Support Persons with
Disabilities in Exercise of their Legal Capacity.-
(1)
The District Legal Services Authorities and the Union territory of Ladakh Legal Services Authority
established under the provisions of the Legal Services Authority Act, 1987 shall be the designated authorities,
respectively at the District and UT level, for the purposes of section 15 of the Act.
(2)
The Union terriotory of Ladakh Legal Services Authority shall, in close consultation with the UT
Commissioner for Persons with Disabilities, formulate timely plans and effective strategies to mobilize community
and create social awareness to support persons with disabilities in exercise of their legal capacity.
CHAPTER- IV
Certificate of Registration of Institution
7.
The Director in the Department of Social Welfare, Administration of Union Territory of Ladakh shall be the
competent authority under section 49 for the purpose of registration of Institutions for Persons with Disabilities and
grants to such Institutions:
Provided that in case no person is occupying the post of Director, the competent authority, shall be the
person occupying the post next in the hierarchy.
8.
Application for, and grant of certificate of registration.- (1) A person desirous of establishing or
maintaining an institution for person with disabilities may make an application in Form A to the competent authority
referred to in rule 4.
(2) Every application made under sub-rule(1) shall be accompanied with,
(a)
Documentary evidence of work or proposed work in the area of disability;
(b)
The Constitution or bye-laws or regulations governing the institution;
(c)
Audited statement, annual report and details of grants received if any in the last three years from the
Government, preceding the date of application;
(d)
A statement regarding total number of persons employed in the Institution along with their respective
duties;
(e)
The number of professionals employed in the Institution;
(f)
A statement regarding qualifications of the professionals employed by the Institution; and
(g)
The proof of residence of the applicant.
(3) Every application made under subrule (1) shall comply with the following requirements in respect of the
concerned institution, namely:-
(a) that the institution is registered under the Indian Societies Registration Act, 1860 (XXI of 1860)/Indian
Trust Act and a copy of such registration certificate/trust deed along with the byelaws and memorandum
of association of the society shall accompany the application.
(b) That the institution has not been running to profit any individual or a body of individuals;
(c) that the institution has employed professionals registered with the Rehabilitation Council of India to cater
to the special needs of Persons with disabilities;
(d) that the institution has adequate teaching and learning material in accessible format for the persons with
disabilities;
(e) that the institution is working or proposing to work in the field of rehabilitation of persons with
disabilities on the date on which the application is made.
(4) The certificate of registration under this rule, unless revoked under section 52 of the Act, shall remain in force
for a period of five years from the date on which it is granted or renewed.
(5) An application for the renewal of certificate of registration shall, be made in the same manner as the application
for grant of certificate under sub-rule(1) accompanied with the previous certificate of registration and a statement
that the applicant is applying for renewal of the certificate so accompanied:
Provided that such application shall be made before sixty days of the expiry of the validity of such
certificate:
Provided further that the competent authority may consider application for renewal of the certificate of
registration after 60 days but not later than 120 days, if he is satisfied that sufficient reasons have been provided for
such delay.
(6) If the application for renewal of certificate of registration is made before its expiry as specified in the proviso to
sub-rule (5), the certificate of registration shall continue to be in force until orders are passed on the application and
the certificate of registration shall be deemed to have expired if application for its renewal is not made within sixty
days as specified in the said proviso.
(7) Every application made under sub-rule (1) or sub rule (5), in which the competent authority referred to in sub-
section (1) of section 51 of the Act, is satisfied that the requirements for grant of certificate of registration under the
Act and these rules have been complied with, shall be disposed of by it within a period of ninety days thereafter.
(8) Form of issue of Certificate of Registration, refusal and revocation.-
(a) Upon making suitable enquires into the functioning of the organization and being satisfied that the
organization can be registered under the provisions of section 51, the competent authority shall issue the
Certificate of registration to the organization in Form–B.
(b) The Competent authority may refuse to grant the certificate of Registration after suitable enquires and the
same shall be communicated to the organization within a period of ninety days of its application for
registration in Form C.
Provided that such communication shall be preceded by the granting of opportunity to the
applicant organisation to state its case before the competent authority on a date not later than 15 days
from the date of issue of the letter intimating the grant of opportunity.
(c) A certificate of Registration granted under section 51 of the Act may be revoked by the competent
authority under provisions of sub-section(1) of section 52 of the Act and such revocation shall be
communicated to the organization in Form–D.
9.
Appeal against the order of competent authority.- (1) Any person aggrieved by the order of the
competent authority referred to in sub-section (1) of section 51 of the Act, refusing to grant a certificate of
registration or revoking a certificate of registration may, within thirty days from the date of the order, prefer an
appeal against that order to the Secretary, Social Welfare who shall function as appellate authority under sub-
section (1) of section 53 of the Act. The Secretary, Social Welfare may, after such enquiry into the matter as is
considered necessary and after giving the appellant an opportunity of hearings, make such order as deemed fit.
Provided that the appellate authority may allow an appeal after 30 days but not later than 90 days, if he is
satisfied that sufficient reasons have been provided for such delay.
(2) Every appeal preferred under sub-rule (1) shall be decided as expeditiously as possible and not later than a period
of sixty days from the date of receipt of the appeal.
CHAPTER-V
CERTIFICATE OF DISABILITY
10.
Application for certificate of disability.- (1) Any person with specified disability, may apply for a
certificate of disability, online on Unique Disability Identity Card Portal, namely,
http://www.swavlambancard.gov.in
Provided that where a person with disability is a minor or having intellectual disability or any other
disability which renders the person with disability unfit or unable to make such an application, the application on
behalf of the person with disability may be made by the legal guardian of such a person with disability or the
authorized representative of a Government organization having the person with disability under its care or any
organization registered under the Act having the person with disability under its care.
(2)
The application shall be accompanied by,-
(a)
Proof of residence;
(b)
Two recent passport size photographs; and
(c)
Aadhaar number or aadhaar enrollment number, if any.
(3) The Department of Health and Family Welfare, Administration of Union Territory of Ladakh shall ensure
compliance of the online application for certificate of disability as specified in the notification of the Government
of India in the Ministry of Social Justice and Empowerment, vide S.O 1736(E), dated the 5th May, 2021.
11.
The Department of Health and Family Welfare, Administration of Union Territory of Ladakh shall notify
the certifying authorities who shall be competent to issue a certificate of disability and the jurisdiction and terms and
conditions subject to which the certifying authority shall perform its certification functions as per the provisions of
sub-sections (1) and(2) of section 57 of the Act.
12.
Issue of certificate of disability.- (1) On receipt of an application under rule 10, the medical authority or
any other notified competent authority shall, verify the information as provided by the applicant and shall assess the
disability in terms of the relevant guidelines issued by the Central Government and after satisfying itself that the
applicant is a person with disability, issue a certificate of disability in favor of the applicant on the
http://www.swavlambancard.gov.in.
(2) The medical authority shall issue the certificate of disability within a month from the date of receipt of the
application.
(3) The medical authority shall, after due examination,-
a.
issue a permanent certificate of disability in cases where there are no chances of variation of
disability over time in the degreeof disability;or
b.
issue a certificate of disability indicating the period of validity, in cases where there is any chance of
variation over time in the degree of disability.
(4) If an applicant is found ineligible for issue of certificate of disability, the medical authority shall convey the
reasons to the applicant on the portal within a period of one month from the date of receipt of the application.
(5) The Department of Health and Family Welfare, Administration of Union Territory of Ladakh shall ensure that
the certificate of disability is granted on the online platform http://www.swavlambancard.gov.in as per the
prescribed timelines.
13.
Appellate Authority.- The Appellate authority referred to in sub-section (1) of section 59 of the Act for
appeal against any decision of the certifying authorities shall consist of the following persons, namely :-
(i)
Director, Health & Medical Education
Chairperson;
(ii) Senior Consultant Physician, SNM Hospital Leh
Member;
(iii) Senior Consultant Surgeon, District Hospital Kargil
Member;
(iv) Senior Consultant Orthopaedics, SNM Hospital Leh
Member;
(v) Senior Consultant Paediatrics, District Hospital Kargil
Member;
14.
Appeal against the decision of the authority issuing certificate of disability.- (1) Any person aggrieved
with the decision of the certifying authority issuing the certificate of disability may within ninety days from the date
of the decision, prefer an appeal to the appellate authority in the following manner:-
(i)
The appeal shall contain brief background and the grounds for making the appeal;
(ii)
The appeal shall be accompanied by a copy of the order of rejection issued by the certifying authority:
Provided that where a person with disability is a minor or having any disability which renders the person with
disability unfit to make such an appeal, the appeal on behalf of the person with disability may be made by his legal
or limited guardian as the case may be.
(2) On receipt of such an appeal, the appellate authority shall provide the appellant an opportunity to present the
appellant’s case and thereafter pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decided as expeditiously as possible and not later than a period
of sixty days from the date of receipt of the appeal.
CHAPTER- VI
UT ADVISORY BOARD
15.
Constitution of Union Territory Advisory Board and Allowances for the Members thereof.- (1) The
non-official Members of the UT Advisory Board on disability shall be paid an allowance of Rs 2000/- (rupees two
thousand) per day for each day of the actual meetings of the said Board.
(2) The non-official members of the UT Advisory Board, not residing in Leh, shall be paid travelling allowance at
the rate admissible to a Group “A” officer of the Central Government.
16.
Notice of the Meeting.- (1) The meetings of the UT Advisory Board on disability (here in after in this
Chapter referred to as ‘the Board’) shall ordinarily be held in Leh on such dates as may be fixed by the Chairperson:
Provided that it shall meet atleast once in every six months.
(2)
The Chairperson of the Board shall, upon the written request of not less than ten members of the Board, call
a special meeting of the Board.
(3)
Fifteen clear days’ notice of an ordinary meeting and five clear days’ notice of a special meeting specifying
the time and the place at which such meeting to be held and the business to be transacted, shall be given by Member-
Secretary of the Board to the members of the Board.
(4)
Notice of a meeting may be given to the members of the Board by delivering the same to them by
messenger or sending it by registered post to their respective last known places of residence or business or by email
or in such other manner as the Chairperson of the Board may, in the circumstances of the case, thinks fit.
(5)
No member of the Board shall be entitled to bring forward for the consideration of the meeting any matter
of which the member has not given ten clear days’ notice to the Member Secretary of the Board, unless permission
is granted to the member to do so on the discretion of the Chairperson of the Board.
(6)
The Board may adjourn its meeting from day to day or to any particular day as under:-
(a)
Where a meeting of the Board is adjourned from day to day, notice of such adjourned meeting shall be
given, to the members of the Board available at the place where the meeting which was adjourned was
to be held and it shall not be necessary to give notice of the adjourned meeting to the rest of the
members;
(b)
Where a meeting of the Board is adjourned not from day to day but from the day on which the meeting
is to be held to another date, notice of such meeting shall be given to all the members of the Board in
the manner as specified in sub-rule(4).
17.
Presiding officer.- The Chairperson of the Board shall preside at every meeting of the Board and in the
absence of the Chairperson, the Vice-Chairperson thereof shall preside, but when both the Chairperson and the Vice-
Chairperson of the Board are absent from any meeting, the members of the Board present shall elect one of the
members to preside at that meeting.
18. Quorum.-(1) One-third of the total members of the Board shall form the quorum for any meeting.
(2)
If at any time fixed for any meeting or during the course of any meeting less than one-third of the total
members of the Board are present, the Chairperson thereof may adjourn the meeting to such hours on the following
or on some other future date as may be fixed by the Chairperson.
(3)
No quorum shall be necessary for the adjourned meeting of the Board.
(4)
No matter which had not been on the agenda of the ordinary or the special meeting of the Board, as the case
maybe, shall be discussed at its adjourned meeting.
(5)
(a) Where a meeting of the Board is adjourned under sub-rule(2) for want of quorum to the following day,
notice of such adjourned meeting shall be given to the members of the Board available at the place where the
meeting which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to
other members;and
(b) Where a meeting of the Board is adjourned under sub-rule(2) for want of quorum not to the following day, but
on a date with sufficient gap, notice of such adjourned meeting shall be given to all the members of the Board in the
manner as specified in sub-rule(4) of rule 16.
19.
Minutes.- (1) Record shall be kept of the names of all the members of the Board who attended the meeting
of the Board and of the proceedings at the meetings in a book to be maintained for that purpose by the Member-
Secretary of theBoard.
(2)
The minutes of the previous meeting of the Board shall be read at the beginning of every succeeding
meeting, and shall be confirmed and signed by the presiding officer at such meeting.
(3)
The proceedings shall be open to inspection by any member of the Board at the office of the Member-
Secretary of the Board during office hours.
20.
Business to be transacted at meeting.-Except with the permission of the presiding officer, no business
which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of rule 16
shall be transacted at any meeting of the Board.
21.
Agenda for the meeting of the UT Advisory Board.- At any meeting of the Board, business shall be
transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the
permission of the presiding officer:
Provided that either at the beginning of the meeting of the Board or after the conclusion of the debate on
a motion during the meeting, the presiding officer or a member of the Board may suggest a change in the order of
business as entered in the agenda and if the Chairperson of the Board agrees, such a change shall take place.
22.
Decision by majority.- All questions considered at a meeting of the Board shall be decided by a majority
of votes of the members of the Board present and voting and in the event of equality of votes, the Chairperson of the
Board, or in the absence of the Chairperson, the Vice-Chairperson of the Board or in the absence of both the
Member presiding at the meeting, as the case may be, shall have a second or casting vote.
23.
No proceeding to be invalid due to vacancy or any defect.- No proceeding of the Board shall be invalid
by reasons of existence of any vacancy in or any defect in the constitution of the Board.
24.
District level Committee .-(1)The District Level Committee on disability referred to in section 72 of the
Act, shall consist of the following persons,namely:-
(i)
An officer of the civil services not below the rank of a
District Magistrate or Deputy Commissioner, as the
case may be of the district Ex-officio Chairperson;
(ii)
Chief Medical Officer of District
Member;
(iii)
Psychiatrist of a District Hospital
Member;
(iv)
Public Prosecutor of the District
Member;
(v)
Asstt.Commissioner (Labour)
Member;
(vi)
One Representative from the local bodies, ICDS Project and
Public Works Department of the Administration of
Union territory of Ladakh
Member;
(vii)
Representative of a Registered Organization having at least
(viii) five years experience of working in the field of disability
Member;
(ix)
Person with disability as defined in clause(s) of
section 2 of the Act
Member;
(x)
Any other member as invited by the Chairperson
Member;
(xi)
District Social Welfare Officer, concerned District
Member Secretary;
(2)
The District Level Committee for each District shall be constituted by an order issued by the Dy.
Commissioner of the District and its tenure shall be for a period of three years from the date of its constitution.
25.
Functions of the Committee.- The District-Level Committee on disability shall perform the following
functions,namely:-
(i)
Advise the District authorities on matters relating to rehabilitation and empowerment of persons with
disabilities;
(ii)
Monitor the implementation of the provisions of the Act and the rules;
(iii)
assist the District authorities in implementation of schemes and programmes of the Government for
empowerment of persons with disabilities;
(iv)
look into the complaints relating to non-implementation of the provisions of the Act by the District
authorities and recommend suitable remedial measures to the concerned authority to redress such
complaints;
(v)
look into the appeal made by the employees of Government establishments aggrieved with the action
taken by the District level establishments under sub-section (4) of section 23 of the Act and recommend
appropriate measures;and
(vi)
any other functions as may be assigned by the Adminstration of Union Territory of Ladakh.
CHAPTER- VII
UNION TERRITORY COMMISSIONER FOR PERSONS WITH DISABILITIES
26.
Qualification for appointment of UT Commissioner.– A person shall not be qualified to be appointed as
the UT Commissioner for Persons with Disability under sub-section (1) of section 79 of the Act unless the person:-
(i)
Has special knowledge or practical experience in respect of the matters relating to rehabilitation of
persons with disabilities;
(ii)
has not attained the age of sixty years on the 1st January of the year in which the last date for receipt of
applications, as specified in the advertisement inviting applications for appointment of the State
Commissioner,occurs;
(iii)
if inservice under the Central Government or a State Government, shall seek retirement from such
service before being appointed to the post; and
(iv)
possesses the following educational qualifications andexperience, namely:-
(a)
Educational qualifications:-
(i)
Essential: Graduate from a recognized university;
(ii)
Desirable: recognized degree or diploma in social work or law or management or human rights
or rehabilitation or education of disabled persons.
(b)
Experience: at least twenty years experience in a Group 'A' level or equivalent post:-
(i)
In Central or State Government or
(ii)
Public Sector Undertakings or Semi Government or Autonomous Bodies dealing with
disability related matters or social sector or
(iii)
Works in the capacity of a senior level functionary in a registered State or national or
international level voluntary organization working in the field of disability or social
development:
Provided that out of the total twenty years experience mentioned in this sub-clause, atleast ten
years of experience in the recent past had been in the field of empowerment of persons with disabilities.
27.
Mode of appointment of the UT Commissioner.-(1) At least six months before the post of UT
Commissioner is due to fall vacant, an advertisement shall be published in at least two national or state level daily
newspapers, one in English and the other in the vernacular language inviting applications for the post from eligible
candidates fulfilling the criteria mentioned in rule 26.
(2) A Search-cum-Selection Committee shall be constituted by the Administration of Union Territory of Ladakh to
recommend to it a panel of three suitable candidates for the post of the State Commissioner.
(3) The Search cum Selection committee shall be constituted in accordnace with the instructions issued by the
Administration from time to time.
(4) The panel recommended by the Search-cum-Selection Committee under sub-rule (2) may consist of persons
from amongst those who have applied in response to the advertisement made under sub-rule (1) as well as from
other willing eligible persons in the employment of Central or State Government whom the Committee may
consider suitable.
(5) The Administration of Union Territory of Ladakh shall appoint one of the candidates out of the panel
recommended by the Search-cum-Selection Committee under sub-rule(2) as the UT Commissioner.
28.
Term of the UT Commissioner.- (1) The UT Commissioner shall be appointed on full-time basis for a
period of three years from the date of assumption of office, or till the attainment of the age of sixty-five years, which
ever is earlier.
(2) A person may serve as UT Commissioner for a maximum of two terms, subject to the upper age limit of sixty-
five years.
29.
Salary and allowances of the UT Commissioner.- (1) The salary and allowances of the UT
Commissioner shall be the salary and allowances as admissible to a Secretary to the Administration of UT Ladakh.
(2) Where a UT Commissioner, being a retired government servant or a retired employee of any institution or
autonomous body funded by the Central or State/UT Government, is in receipt of pension in respect of such
previous service, the salary admissible to the UT Commissioner under these rules shall be reduced by the amount of
the pension, and if in lieu of a portion of the pension, the commuted value thereof has been received, by the amount
of such commuted portion of the pension.
30.
Other terms and conditions of service of the UT Commissioner.- The other terms and conditions of
service of UT Commissioner shall be such as specified below, namely:
(i)
Leave: The UT Commissioner shall be entitled to such leave as is admissible to Group A officer under the
Central Civil Service (Leave) Rule, 1972.
(ii)
Leave Travel Concession: The UT Commissioner shall be entitled to such Leave Travel Concession as is
admissible to a Group 'A' officer under the Central Civil Service Rules (Leave Travel Concession) Rules,
1988.
(iii)
Medical Benefits: The UT Commissioner shall be entitled to such medical benefits as is admissible to a
Group 'A' officer under the Central Government Health Scheme.
31.
Resignation and removal.- (1) The UT Commissioner may resign from the post by giving a notice in
writing, addressed to the Administration of Union Territory of Ladakh:
Provided that he shall continue in the office till his resignation is accepted.
(2) The Administration of Union Territory of Ladakh shall remove the person appointed to the office of the UT
Commissioner, if the person:-
(a)
becomes an undischarged insolvent; or
(b)
engages during the term in office in any paid employment or activity outside the duties of the office; or
(c)
is convicted and sentenced to imprisonment for an offence which in the opinion of the Administration
of Union Territory of Ladakh involves moral turpitude; or
(d)
is in the opinion of the Administration of Union Territory of Ladakh so unfit to continue in office by
reason of serious default in the performance of functions of the UT Commissioner as laid down in the
Act; or
(e)
without obtaining leave of absence from the Administration of Union Territory of Ladakh remains
absent from duty for a consecutive period of fifteen days or more; or
(f)
has, in the opinion of the Administration of Union Territory of Ladakh so abused the position of the
State Commissioner as to render continuance in the office detrimental to the interest of persons with
disability: Provided that no State Commissioner shall be removed from office under this rule except
after following the procedure, mutatis mutandis, applicable for removal of a Group 'A' officer of the
Administration of Union Territory of Ladakh so.
(3)
The Administration of Union Territory of Ladakh may suspend a UT Commissioner, in respect of whom
proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such
proceedings.
32.
Residuary provision.- The other conditions of service of the UT Commissioner, in respect of which no
express provision has been made in these rules, shall be determined by the rules and orders for the time being
applicable to the Secretary to the Administration of UT Ladakh.
33.
Advisory Committee to assist the UT Commissioner.- (1) The Administration of Union Territory of
Ladakh shall appoint an Advisory Committee comprising five experts to represent each of the five groups of
specified disabilities mentioned in the Schedule to the Act, of whom two shall be women.
(2) The UT Commissioner may invite subject or domain expert as per the need who shall assist the State
Commissioner in meeting or hearing and in preparation of the report.
(3) The tenure of the members of the Advisory Committee shall be for a period of three years and the members shall
not be eligible for re-nomination.
(4) The non-official members of the Advisory Committee, in Leh, shall be paid an allowance of rupees two thousand
per day for each day of the actual meeting.
(5) The non-official members of the Advisory Committee, not residing in Leh, shall be paid travelling allowance at
the rate admissible to a Group “A” officer of the Central Government.
34.
Procedure to be followed by UT Commissioner.- (1) A complainant may present a complaint containing
the following particulars in person or through an agent to the UT Commissioner or send it by registered post or by
email addressed to the UT Commissioner, namely:-
(i)
The name, description and the address of the complainant;
(ii)
The name, description and the address of the opposite party or parties, as the case may be, so far as they
may be ascertained;
(iii)
The facts relating to complaint and when and where it arose;
(iv)
Documents in support of the allegations contained in the complaint;and
(v)
the relief which the complainant claims.
(2) The UT Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party or
parties mentioned in the complaint directing to submit their version of the case within a period of thirty days or such
extended period not exceeding fifteen days as may be granted by the UT Commissioner.
(3) On the date of hearing or any other date to which hearing could be adjourned, the parties or their agents shall
appear before the UT Commissioner.
(4) Where the complainant or the complainant’s agent fails to appear before the State Commissioner on such days,
the UT Commissioner may either dismiss the complaint on default or decide on merits.
(5) Where the opposite party or the opposite party’s agent fails to appear on the date of hearing, the UT
Commissioner may take such necessary action under section 82 of the Act as he deems fit for summoning and
enforcing the attendance of the opposite party.’
(6) The UT Commissioner may dispose of the complaint ex-parte, if necessary.
(7) The UT Commissioner may on such terms as deemed fit and at any stage of the proceedings, adjourn the hearing
of the complaint.
(8) The UT Commissioner shall decide the complaint as far as possible within a period of three months from the
date of receipt of notice by the opposite party.
35.
Submission of annual reports.- (1) The UT Commissioner shall as soon as may be possible after the end
of the financial year, but not later than the 30th day of September in the next year ensuing, prepare and submit to the
Administration of Union Territory of Ladakh, anannual report giving a complete account of activities of the office of
the UT Commissioner during the said financial year.
(2) In particular, the annual report referred to in sub-rule (1) shall be in the form so that the details of separate
matters be provided under separate heads inter-alia containing there in information in respect of each of the
following matters, namely:-
(a)
Names of officers and employees in the office of the UT Commissioner and a chart showing the
organizational setup;
(b)
The functions which the State Commissioner has been empowered with under the Act and the
highlights of the performance in this regard;
(c)
The main recommendations made by the UT Commissioner;
(d)
Progress made in the implementation of the Act in the Administration of Union Territory of Ladakh;and
(e)
Any other matter deemed appropriate for inclusion by the UT Commissioner or specified by the
Administration of Union Territory of Ladakh from time to time to be included in the report.
CHAPTER-VIII
PUBLIC PROSECUTOR
36.
Appointment of Public Prosecutor.-(1) The Public Prosecutor to be appointed under section 85 of the Act
in every Special Court shall have,-
(i)
Practical experience of handling cases preferably of persons with disabilities;
(ii)
Experience at the Bar of not less than seven years;and
(iii)
Shall be well versed with local language and customs.
(2) The fee and other remunerations of the Special Public Prosecutor specified or appointed under sub- section (1) of
section 85 of the Act shall be the same as that of Public Prosecutor appointed by the Administration of Union
Territory of Ladakh under the Code of Criminal Procedure, 1973 (1 of 1974) for conducting the cases before a court
of session.
CHAPTER- IX
UT FUND FOR PERSONS WITH DISABILITIES
37.
UT Fund for Persons with Disabilities and its management.-(1) There shall be credited to the UT Fund
for persons with disabilities herein after referred to as the ’UT Fund’ ,-
(i)
All sums received by way of grant, gifts, donations, benefactions, bequests or transfers;
(ii)
all sums received from the Administration of Union Territory of Ladakh including grants- in-aid; and
(iii)
all sums received from Corporate houses/ PSUs under CSRor from such other sources as may be
decided by the Administration of Union Territory of Ladakh.
(2) There shall be a governing body consisting of following members to manage the UT Fund, namely:-
(a) Administrative Secretary, Department of Social Welfare -Chairperson;
(b) One representative from the Department of Finance
(c) One representative from the Department of Planning
(d) One representative of the Department of Health and Family Welfare,
(e) One representative of Department of School Education,
(f) One representative of Departmentof Labour and Employment,
(g) One representative of Department of Rural Development,
(h) One representative of Department of Training and Technical Education,
(i) One representative of Department of Urban Development, -- Members;
(j) two persons representing different types of disabilities to be nominated by the Administration of Union
Territory of Ladakh, by rotation – Members;
(k) Director in the Department of Social Welfare – Convener and Chief Executive Officer.
(3) The governing body shall meet as often as necessary, but at least once in every financial year.
(4) The nominated members shall hold office for not more than three years.
(5) No member of the governing body shall be a beneficiary of the Fund during the period such Member holds
office.
(6) The nominated non-official members shall be eligible for payment of travelling allowance and daily allowance
as admissible to a Group A officer of the Administration of Union Territory of Ladakh for attending the meetings of
the governing body.
(7) No person shall be nominated underclause (j) of sub-rule 2 as a member of the governing body who-
(a)
is, or has been, convicted of an offence, which in the opinion of the Administration of Union Territory
of Ladakh involves moral turpitude; or
(b)
is, or at any time has been, adjudicated as an insolvent.
38.
Utilization of the UT Fund.-(1)The UT Fund shall be utilized for the following purposes, namely:-
(i)
Financial assistance in the areas which are not specifically covered under any scheme and programme
of the Administration of Union Territory of Ladakh;
(ii)
Administrative and other expenses of the Fund, as may be required to be incurred by or under the
Act;and
(iii)
Such other purposes as may be decided by the governing body.
(2) Every proposal of expenditure shall be placed before the governing body for its approval.
(3) The governing body may appoint secretarial staff including accountants with such terms and conditions as
it may think appropriate to look after the management and utilization of the State Fund based on need based
requirement.
(4) The State Fund shall be invested in such manner as may be decided by the governing body.
39.
Budget.-The Chief Executive Officer of the UT Fund shall prepare the budget for incurring
expenditure under the UT Fund in each financial year showing the estimated receipt and expenditure of the Fund, in
January every year and shall place the same for consideration of the governing body.
40.
Annual Report.-The annual report prepared by the UT Commissioner for persons with Disabilities shall
include a chapter on the UT Fund.
(BY ORDER AND IN THE NAME OF THE LT GOVERNOR OF LADAKH)
Sd/-
(PADMA ANGMO, IIS) /
COMMISSIONER CUM SECRETARY ,
Social & Tribal Welfare Dept, UT of LADAKH
To
1. Commissioner for Persons with Disabilities, UT of Ladakh
2. District Collector & Magistrate, Leh/Kargil.
3. District Superintendent of Police, Leh/Kargil
4. Director, Social & Tribal Welfare, UT of Ladakh
5. Director, School Education, UT of Ladakh
6. Director, Health & Medical Education, UT of Ladakh
7. Chief Engineer, Public Works Department, UT of Ladakh
8. Chief Medical Officer, Leh/Kargil
9. District Social Welfare Officer, Leh/Kargil
Copy to:
1. All Administrative Secretaries
2. ADGP, Ladakh Police
3. Commissioner/Secretary, Law Department,
4. All HoDs, UT of Ladakh
5. OSD to Advisor to Hon’ble Lt Governopr, UT Ladakh
6. OSD to Advisor to Hon’ble Lt Governor, UT Ladakh
7. PS to Secretary, Department of Empowerment of Persons with Disabilities, MoSJE, GoI
8. PS to Joint Secretary, JKL, Ministry of Home Affairs, GoI
PADMA
ANGMO
Digitally signed
by PADMA
ANGMO
Date: 2024.03.28
13:00:53 +05'30'
FORM-A
The Administration of Union Territory of Ladakh
Department of Social Welfare
Application for Certificate of Registration
[See rule 8 (1) of Ladakh Rights of Persons with Disabilities Rules, 2024]
(1) Name of the Organization :...........................................................................
(2) Institution/Project in respect of which application is made:..............................
a. Address & Ph. No.(Registered Office): .................................
b. Name of Project Office
: ......................................
c. Address (Project Office)
:................................
d. Phone/Fax/Telex/(Office)/email id:............................(Project)
(3)
(i) Name of the Act under which the organization is registered:
(ii) Registration No. And date of registration:_
(Please
attach a photocopy)
(4) Memorandum of Association and Bye-laws of the organization: (Please attach a photocopy)
(5) Name, address, occupation and other particulars of the members of the Board of Management/Governing
Body of the organization:
(6) Present Activities of the Organization:..........................
(7) List of documents to be attached:
(a)
A copy of the annual reports for the last three years,
(b) Audited Statement of accounts (receipt and payment, income and expenditure and Balance sheet)
for the last three financial years duly certified by Chartered Accountant with membership no. And seal.
(3) Nature of the organisation (Please indicate precisely : whether it is educational or training or residential
institution or a workshop for visually/hearing impaired/physically challenged/mentally Challenged
persons,etc.)
(4) Whether the institution is located in its own building/Rented building/building allotted by any
agency):(Necessary evidence to be attached).
(5) If hostel is maintained, the number of hostellers:
(6) Details of barrier free environment for persons with disabilities :
(a) Area of theBuilding
_
(b) Rooms available for activities/residential use
(c) Rooms for administrative use:
(d) No. of accessible toilets
(e) Other accessible features available (lift/ramp/ tactilepath/ railing):_
_
(f) Whether accessible transport facility available:
If yes, give details:
(7) Details of staff employed by the institution in following format;
Name
M/F
Age
Educational
Qualification
Address
Contact
Details
Responsibilit
y
Salary
Aadhaar
No.
RCI
registration
no.(enclosed
copy of RCI
registration
certificate)
Note: In case of foreign volunteers, verification of credentials and criminal record from country of origin or birth
through the policies mandatory.
(8)
Details of covered /proposed beneficiaries to be covered bythe institution and nature of disability in
followingformat;
Sl.No.Name
Father’sname
M/F
Age
Address
Contact Details
Type of
Disability
Aadhaar
No.
(Name, Designation and signature of the authorized Signatory with seal)
-------------------------------------------------------------
Form-B
The Administration of Union Territory of Ladakh
Department of Social Welfare
Certificate of Registration for the Institution
[Issued under the provision of rule 8 (8)(a) of Ladakh Rights of Persons with
Disabilities Rules, 2024]
Registration No.………………………
Date:
Certified hereby that
_(Name of the NGO) as registered under Society
Registration Act, 1860/Trust Act has completed all the formalities and procedures for issuance of registration
certificate under sub –section(2)of section 51 of the Rights of Persons with Disabilities Act, 2016.
This registration certificate issued on date
is valid till date_
.
1. Name and registered address of the________________________________________
____________________________________________________________________________
2. Name
and
address
of
the
branch/projects
of
the
organization________________________________________________________________
____________________________________________________________
3. Full Name and Address of the Authorized representative of the Organization______
____________________________________________________________________________
This registrationcertificate is issued on Day
_Month
Year
by
the
authorized signatory /competent authority of the Department of Social Welfare, Administration of Union Territory
of Ladakh subject to compliance of the Terms and Conditions laid down herein, by the authorized representative of
the organization.
The holder of the certificate of Registration shall apply for renewal of the certificate not less than sixty days before
the date of expiry of the period of validity.
Signature and Seal of the Competent Authority
Department of Social Welfare, Administration of UT Ladakh
LADAKH GAZETTE : EXTRAORDINARY 18
Terms and Conditions of Registration Certificate
(1) The holder of this Certificate of Registration shall provide the beneficiaries of the organization with:-
(a)
Adequate accessible accommodation and accessible sanitary conditions.
(b)
Proper medical care and treatment.
(c)
Facilities for recreation.
(d)
Education and vocational or professional training.
(2) Residential premises, if any, for girls shall be separate from residential premises for boys.
(3) The holder of this Certificate of Registration shall not employ or shall allow others to employ any
beneficiary of the organization for any private purposes whether of own or others.
(4) The incharge/Project Manager shall maintain a visitor’s book, which shall contain the records of visit to
the organization by the competent authority or any person authorized by it to inspect the organization.The
incharge/Project Manager shall furnish to the competent authority a copy of remarks if any recorded in the
said book within seven days from the date of visit,as also compliance report if any.
(5) The holder of this Certificate of Registration shall facilitate inquiry in accordance with provisions of
the Rights of Persons with Disabilities Act 2016 by the Competent Authority or any person authorized by it.
(6) The certificate shall be exhibited in a conspicuous place in the office of the incharge/Project Manager.
(7) Any change in the office bearers shall be immediately intimated to the Competent Authority and the
concerned District Social Welfare Officer.
(8) The holder of this Certificate of Registration shall ensure the safety and security of the beneficiaries
against all forms of abuse, violence and exploitation as per Section 6 & 7 of the Rights of Persons with
Disabilities Act’ 2016.
(9) The holder of this certificate should ensure that in case of foreign volunteers, verification of credentials
and criminal record from country of origin or birth through the police has been conducted and verified before
giving permission for visit/stay in the institution/homes.
(10) The holder of this Certificate of Registration shall ensure adequate safety measures against man made
/natural disasters such as fire, earthquake,floodetc.
(11) The holder of this Certificate of Registration shall abide by the conditions of this Certificate of
Registration and the provisions of the Rights of Persons with Disabilities Act’ 2016 and the rules/regulations
and orders made there under.
LADAKH GAZETTE : EXTRAORDINARY 19
Form-C
The Administration of Union Territory of Ladakh
Department of Social Welfare
Refusal to grant Certificate of Registration
[Issued under the provision of rule 8(8)(b) of the Ladakh Rights of Persons with Disabilities Rules, 2024]
Date:……………
Whereas Sh ------------------------- (Authorised representative) of the organization-(Name and registered address
of the organization)---------------------------------- has applied for issuance of registration certificateunder sub –
section( 2) of section 51 of the Rights of Persons with Disabilities Act, 2016 for the project (Name and address
of the branch/projects of the organization )---------------------------------, and whereas the competent authority,
not being satisfied upon causing enquiries to be made about the eligibility of the organization for such issuance
due to the following deficiencies:
1.
2.
3.
hereby refuses to grant such certificate of registration under sub rule (8) of rule 8 of the Ladakh Rights of
Persons with Disabilities Rules 2024 and directs that a fresh application be submitted through authorized
representative of the organization after removal of the said deficiencies.
Signature and Seal of the Competent Authority
Department of Social Welfare, Administration of UT Ladakh
LADAKH GAZETTE : EXTRAORDINARY 20
Form-D
The Administration of Union Territory of Ladakh
Department of Social Welfare
Revocation of Certificate of Registration
[Issued under the provision of Rule 8(8)(c) of the Ladakh Rights of Persons with Disabilities Rules, 2024]
Whereas Sh ------------------------------- ( Authorized representative) of the organization- (Name and registered
address of the organization)---------------------------------- had applied for issuance of / renewal of registration
certificate under sub –section( 2) of section 51 of Rights of Persons with Disabilities Act, 2016 for the project
(Name and address of the branch/projects of the organization )---------------------------------, and whereas the
competent authority, had issued the certificate of Registration under the relevant provisions of the Act and Rules on
date------------- and whereas now, thecompetent authority has reason to believe that the holder of the certificate of
Registration had-
a)
made a statement in relation to the application for the issue / renewal of the registration certificate under
subsection(1) of Section 51 of the Rights of Persons with Disabilities Act 2016 , which is incorrect or false in
material particulars: or
b)
committed or has caused to be committed breach of rules or Terms and conditions subject to which the
certificate was granted.
Now therefore revokes the certificate of Registration granted to the organization under the provision of subrule(8)of
rule 8 of the Ladakh Rights of Persons with Disabilities Rules 2024.
Signature and Seal of the Competent Authority
Department of Social Welfare, Administration of UT Ladakh
LADAKH GAZETTE : EXTRAORDINARY 21
Copy of Online application for Disability Certificate on UDID portal
[See rule 10 of Ladakh Rights of Persons with Disabilities Rules, 2024]
LADAKH GAZETTE : EXTRAORDINARY 22
LADAKH GAZETTE : EXTRAORDINARY 23
“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The
Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal
consequences and also for any other misrepresentation etc.”
PADMA
ANGMO
Digitally signed by
PADMA ANGMO
Date: 2024.03.28
13:01:26 +05'30'
MICHAEL
MANNY
DSOUZA
Digitally signed by
MICHAEL MANNY DSOUZA
Date: 2024.04.02 17:24:28
+05'30'