EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 578, CUTTACK, FRIDAY, APRIL 13, 2018/ CHAITRA 23, 1940

DEPARTMENT OF SOCIAL SECURITY & EMPOWERMENT OF PERSONS WITH

DISABILITIES

NOTIFICATION

The 13th April, 2018

No.3160–SSEPD-DA-II-MISC-0026/2017/SSEPD.— The following draft of certain

rules which the State Government propose to make in exercise of the powers conferred by section

101 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) and in supersession of the

notification of the Government of Odisha in the Department of Social Security and Empowerment

of Persons with Disabilities No.6970, dated the 30th August, 2017 published in the extraordinary

issue No.1432 of the Odisha Gazette dated the 31st August, 2017 is hereby published as required

under sub-section (1) of the said section for information of all persons likely to be affected thereby

and notice is hereby given that the said draft will be taken into consideration by the State

Government on or after the expire of a period of fifteen days from the date of publication of this

notification on the Odisha Gazette.

Any objection or suggestion which may be received from any person in respect of the said

draft before the expiry of the period so specified above will be considered by the State

Government.

CHAPTER I

Preliminary

1.Short title and Commencement:— (1)These rules may be called the Odisha Rights of

Persons with Disabilities Rules, 2018

(2)They shall come into force on the date of their publication in the Odisha Gazette.

2.Definitions:—(1)In these rules, unless the context otherwise requires,—

(a)"Act" means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);

(b)"Certificate" means a certificate of disability issued by a certifying authority referred to

in sub-section (1) of Section 57 of the Act;

(c)"Certificate of registration" means a certificate of registration issued by the competent

authority appointed under Section 50 of the Act;

(d)"Form" means a form appended to these rules;

(e)"Government" means the Government of Odisha;

(f)“Notification” means notification published in the official gazette;

(g)“Rules” means rules made under the Act ;

(h)“Section” means a section of the Act ;

(2)Words and expressions used herein and not defined but defined in the Act shall have

the meanings respectively assigned to them in the Act.

CHAPTER II

Rights and Entitlements

3. State Committee for Research on Disability:—(1)The Committee for Research on

Disability at the State level shall consist of the following members, namely:—

(i) An eminent person, having at least ten years’ experience in the field of

Rehabilitation Science or Medical Research, to be nominated by the State

Government, ex officio-Chairperson;

(ii) Director of Medical Education and Training, Odisha - ex officio- Member;

(iii) Five members as representatives from registered state level organizations

representing each of the five groups of specified disabilities in the Schedule to the

Act to be nominated by the State Government - Members:

Provided that at least one representative of the registered organizations is a

woman and two are Persons with Disabilities.

(iv) One member from any University dealing with rehabilitation education and one

member from Research Institutions dealing with rehabilitation research;

(v)Director, Social Security and Empowerment of Persons with Disabilities- Member

Secretary.

(2)The Chairperson may invite any expert dealing with the relevant disability as a

special invitee.

(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 daily allowance as admissible to a Group A or equivalent officer of the State

Government.

(6)The State Government may provide the Committee with such clerical and other staff

as the State Government considers necessary.

4. Person with disability not to be a subject of research:— No person with disability shall

be considered to be a subject of research except when the research involves physical impact

on his body.

5. Procedure to be followed for protection from Abuse, Violence and Exploitation:— For

the purpose of the dealing with the complaints under Section 7 of the Act, the Executive

Magistrate shall follow the procedure provided in section 133 to 143 of the code of criminal

procedure, 1973 (2 of 1974).

6. Reports of Complaints:— Report of complaints of abuse, violence and exploitation filed

under Section 7 of the Act shall be reported in Form-I.

CHAPTER III

Limited Guardianship

7. Limited Guardianship:— (1) A District Court or any authority as designated by the

State Government on its own or otherwise shall grant the support of limited guardianship to a

person with disability to take a legally binding decision on his behalf.

(2) The District Court or the designated authority before granting limited guardianship

for the person with disability shall satisfy itself that such person is not in a position to take

legally binding decision on his own.

(3) The District Court or the designated authority 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 his 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.

(4) The limited guardianship as appointed under sub-rule (1) shall be valid unless

terminated under sub rule (9).

(5)While granting the support of such limited guardianship the Court or the designated

authority shall consider a suitable person to be appointed as a limited guardian in the

following order of preference:–

(a)One of the parents or adult children of the person with disability;

(b)Immediate brother or sister; and

(c)Other blood relative or care giver or prominent personality of the locality.

(6) 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 the limited guardian.

(7) The limited guardian appointed under sub-rule (1) shall consult the person with

disability in all matters before taking any legally binding decisions on his behalf.

(8) The limited guardian as appointed shall ensure that the legally binding decisions

taken on behalf of the person with disability are in the interest of the person with disability.

(9) The limited guardianship may be terminated by the District Court or the designated

authority after giving opportunity of hearing to the limited guardian in case of his failure to act

in the interest of the person with disability.

CHAPTER IV

Registration of Institutions for Persons with Disabilities and Grants to such

Institutions

8. Application for grant of certificate of registration:— (1) A person desirous of

establishing or maintaining an Institution for persons with disabilities may make an application

in Form-II to the Competent authority appointed under section 49 through the District Social

Security Officer of the concerned District.

(2) Every application made under sub-rule (i) shall be accompanied with,

(a) documentary evidence of work or capability to work in the area of disability;

(b) the Constitution or bye-laws governing the institutions;

any;

(d) a statement regarding total number of persons employed in the institutions

along with their respective duties;

(e) a statement regarding qualifications of professionals employed in the institution;

and

(f) the proof of residence of the applicant;

(3) Every application made under sub rule 1 shall comply with the following

requirement in respect of the concerned Institution, namely:—

(a)That the Institution is registered under the Indian Societies Registration Act,

1860(XXI of 1860) or under any appropriate law.

(b)That the Institution has employed professionals registered with the Rehabilitation

Council of India or other appropriate body.

(c)That the Institution has adequate infrastructure and equipment for the persons

with disabilities.

9. Grant of Certificate and validity:— The certificate of registration shall be issued within a

period of seven working days from the date of application with all documents and, unless

revoked under section 52, shall remain in force for a period of thirty years with effect from the

date it is granted or renewed.

10. Renewal of Registration:— (1) An application for the renewal of certificate of registration

shall, be made in Form-III.

(2)If the application for renewal of certificate of registration is made within the statutory

period the certificate of registration shall continue to be in force.

(3)The competent authority if satisfied that the requirements for grant of renewal of

certificate of registration under the Act and these rules have been complied with shall allow

renewal of registration within a period of seven days of submission of application for renewal.

11. 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

three months from the date of the order, prefer an appeal against that order in Form-IV to the

appellate authority referred to in sub section (1) of Section 53 of the Act.

(2)The appellate authority may, after such enquiry into the matter as it considers

necessary and after giving the appellant an opportunity of hearing, make such order as it

thinks fit within three months from the date of appeal.

CHAPTER V

Certification of Specified Disabilities

12. Appeal Regarding Certificate of Disability:— (1)Any person aggrieved with the

decision of the Authority issuing the certificate of disability may within ninety days from the

date of the decision, prefer an appeal in Form-V to the appellate authority designated under

sub section 1 of Section 59 in the following manner, namely:—

(a) the appeal shall contain brief background and the grounds for making the appeal,

(b) the appeal shall be accompanied by a copy of the certificate of disability or letter of

rejection issued by the certifying authority:

Provided that where a person with disability is a minor or suffering from any disability

which renders him unfit to make such an appeal himself, the appeal on his behalf may be

made by his legal or limited guardian as the case may be.

(2) On receipt of such appeal, the appellate authority shall provide the appellant an

opportunity to present his case before Medical Assessment Board and on the basis of report

of the said Board, pass such order as it may deem appropriate with reasons.

(3) Every appeal preferred under sub rule (1) shall be decided as expeditiously as

possible as and not later than a period of sixty days from the date of receipt of the appeal.

(4) The Medical Assessment Board referred to in sub rule (2) shall consist of at least

three members taking senior specialists from the medical colleges, rehabilitation or other

institutions as the case may be to assist the appellate authority.

CHAPTER VI

State Advisory Board on Disability and District Committee

13.Nomination of District members to the State Board:— Five members to be nominated

by the State Government by rotation to represent the District under sub-clause (ii) of clause

(e) of sub-section (2) of Section 66 shall be in the alphabetical manner in which the name of

the District shall appear.

14. Allowances for the members of the State Advisory Board:— (1)The non-official

Members of the State Advisory Board on disability shall be paid an allowance of Rs.2000/-

per day for each day of the actual meetings of the said Board.

(2)The non-official Members of the State Advisory Board on disability residing outside

the State Capital Region shall be paid daily and travelling allowances for each day of the

actual meetings of the said Board at the rates admissible to a Group A or equivalent Officer

of the State Government.

15.Notice of the Meeting:— (1)The meetings of the State Advisory Board on disability

constituted under sub-section (1) of Section 66 of the Act (hereinafter in this Chapter referred

to as ‘the Board’) shall ordinarily be held in the Capital of the State on such dates as may be

fixed by its Chairperson:

Provided that it shall meet at least 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 thereof 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 he/she has not given ten clear days’ notice to the Member

Secretary of the Board, unless the Chairperson of the Board, in his/her discretion, permit

him/her to do so.

(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).

16.Presiding officer:— The Chairperson of the Board shall preside at every meeting of the

Board and in his/her absence, 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.

17.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 he/she may fix.

(3) 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 may be, shall be discussed at its adjourned meeting.

(5) 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

(6) 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 15.

18. 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 the Board.

(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.

19. 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 17 shall be transacted at any meeting of the Board.

20. Agenda for the meeting of the State 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.

21. 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.

22. 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.

23. District-level Committee:— The District-Level Committee on disability referred to in

Section 72 shall consist of the following members, namely:—

(i)

The Collector & District Magistrate of the District

concerned

Ex officio Chairperson;

(ii)

Superintendent of Police of the District

Member;

(iii)

Chief District Medical Officer of the District

Member;

(iv)

District Officers of all Departments

Members;

(v)

One senior specialist preferably a Psychiatrist of the

District Hospital

Member;

(vi)

Government Pleader of the District

Member;

(vii)

Three members from Banking and Insurance sector

including the Lead Bank Manager to be nominated by

the Collector

Member;

(viii)

Two members from Chamber of Commerce or

Association of Enterprises to be nominated by the

Collector

Member;

(ix)

One Representative of a Registered Organization

nominated by the Collector

Member;

(x)

a Person with disability as defined in Clause(s) of

Section 2 of the Act nominated by the Collector

Member;

(xi)

One senior rehabilitation professional preferably from

District Disability Rehabilitation Centre (DDRC)

Member;

(xii)

Any other member as invited by the Chairperson

Member; and

(xiii)

District Social Security Officer

Member Secretary;

One-third of the members shall constitute the quorum of the meeting.

24. Functions of the District Committee:— The District Committee on disability shall

perform the following functions, namely:—

(a) design, implement and monitor projects and activities in convergence with on-

going programmes of all Departments for welfare of Persons with Disabilities;

(b) advise the District authorities on matters relating to rehabilitation and

empowerment of persons with disabilities.

thereunder.

(d) assist the District authorities in implementation of schemes and programmes of

the Government for empowerment of persons with disabilities including

screening, identification, certification, corrective surgery, therapeutic services,

special schools, scholarships, cochlear implantation, aids and appliances,

marriage incentives, Bhim Bhoi Samarthya Abhiyan, vocational training, Self

Help Groups, bank loans, pensions, homestead land, housing, marketing

support for sale of products made by PwDs, accessibility of roads, buildings,

open spaces, web sites, etc.

(e) look into the complaints relating to implementation of the provisions of the Act by

the District authorities and recommend suitable remedial measures to the

concerned authority to redress such complaints.

(f) To look into the appeal made by the employees of Government establishment

aggrieved with the action taken by the District level establishments under sub-

section (4) of Section 23 of the Act and recommend appropriate measures.

(g) look into reservation for Persons with Disabilities in Government posts;

(h) monitor performance of all limited guardians and protect the interest of the

persons with disabilities placed under limited guardians;

(i) nominate awardees for outstanding performance under state and national level

award schemes;

(j) submit performance report to the State Government every month in the Form- VI.

(k) any other function as may be assigned by the State Government.

CHAPTER-VII

State Commissioner for Persons with Disabilities

25. Mode of appointment of the State Commissioner:— (1) At least six months before the

post of State 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.

(2) A Search-cum-Selection Committee shall be constituted by the State Government

to recommend a panel of three suitable candidates with justification for the post of the State

Commissioner.

(3) Composition of the Search-cum-Selection Committee referred to in sub-rule (2)

shall be governed by relevant instructions issued by the concerned administrative department

of the State Government.

(4)The State Government shall appoint one of the candidates out of the panel

recommended by the Search-cum-Selection Committee under sub-rule (2) as the State

Commissioner.

26. Term of the State Commissioner:— (1)The State Commissioner shall be appointed on

full-time basis for a period of three years from the date on which he assumes office, or till he

attains the age of sixty-five years, whichever is earlier.

(2) A person may serve as State Commissioner for a maximum of two terms, subject

to the upper age limit of sixty-five years.

27. Salary and allowances of the State Commissioner:— (1)The salary and allowances

admissible to the State Commissioner shall be the salary and allowances as admissible

to the Additional Secretary to State Government.

(2) Where a State Commissioner, being a retired government servant or a retired

employee of any institution or autonomous body funded by the Central or State Government,

is in receipt of pension in respect of such previous service, the salary admissible to him under

these rules shall be reduced by the amount of the pension, and if he had received in lieu of a

portion of the pension, the commuted value thereof, by the amount of such commuted portion

of the pension.

28. Other terms and Conditions of Service of State Commissioner:— The other terms

and conditions of service of the State Commissioner shall be such as specified below,

namely:—

(a) Leave: The State Commissioner shall be entitled to such leave as is admissible to

Group ‘A’ officers under the relevant provisions of the State Civil Service Rules

applicable to them.

(b) Leave Travel Concession: The State Commissioner shall be entitled to such Leave

Travel Concession as is admissible to Group ‘A’ officers under relevant provisions of

the State Civil Service Rules applicable to them.

as is admissible to Group ‘A’ officers under the relevant provisions of the State Civil

Service Rules applicable to them.

29. Resignation and removal:— (1)The State Commissioner may, by notice in writing,

under his hand, addressed to the State Government, resign from his post.

(2)The State Government shall remove the State Commissioner from his office, if

he/she –

(a) becomes an undischarged insolvent; or

(b) engages himself during his term of office in any paid employment or activity outside

the duties of his office; or

State Government involves moral turpitude; or

(d) is in the opinion of the State Government, unfit to continue in office by reason of

infirmity of mind or body or serious default in the performance of his functions as laid

down in the Act; or

(e) without obtaining leave of absence from the State Government, remains absent from

duty for a consecutive period of fifteen days or more; or

(f) has, in the opinion of the State Government, so abused the position of the State

Commissioner as to render his 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 State Government.

(3)The State Government may suspend a State Commissioner, in respect of whom

proceedings for removal have been commenced in accordance with sub-rule (2), pending

conclusion of such proceedings.

30. Salaries and Allowances of employees of State Commission:— The Officers and

employees of the State Commission for Persons with disabilities shall be paid salaries and

allowances as per rules and provisions of Government of Odisha and conditions of service

shall be as applicable to State Government employees.

31. Advisory Committee to the State Commissioner:— (1)The State Government shall,

appoint an Advisory Committee comprising the following members, namely:—

(a) three experts to represent each of the five groups of specified disabilities mentioned

in the Schedule to the Act by rotation of whom one shall be woman and one shall be

person with disability;

(b) One expert or senior officer of the Government to be nominated by the State

Government.

related to disability.

(2)The tenure of the members of the Advisory Committee shall be for a period of three

years.

(3)The State Commissioner may invite subject or domain expert as per the need who

shall assist him in meeting or hearing and in preparation of the report.

(4)The Committee shall continue to work for a period of three years from the date of its

constitution, or till such time it is reconstituted by the State Government;

(5)The Committee shall meet at such frequency as would be required by State

Commissioner;

(6)The Committee shall deliberate on the issues brought before it by the State

Commissioner and give its opinion;

(7)An Officer working under the State Commissioner shall keep record of the

proceedings of the Committee;

(8)The Committee and its members shall perform any other function assigned by the

State Commissioner.

(9)The members of Advisory Committee shall be paid sitting allowance as may be

approved by the Government from time to time.

32. Procedure to be followed by State Commissioner:— (1) A complainant may

present a complaint containing the following particulars in person or by his agent to the State

Commissioner or send it by registered post or by email addressed to the State

Commissioner, namely:—

(a) the name, description and the address of the complainant;

(b) the name, description and the address of the opposite party or parties, as the

case may be, so far as they may be ascertained;

(d) documents in support of the allegations contained in the complaint;

(e) the relief which the complainant claims.

(2) The State Commissioner on receipt of a complaint shall refer a copy of the

complaint to the opposite party or parties mentioned in the complaint directing him to submit

the rejoinder within a period of thirty days or such extended period not exceeding fifteen days

as may be granted by the State 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 State Commissioner. Wherever necessary State

Commissioner may take the assistance of a Sign Language Interpreter during hearing.

(4) Where the complainant or his agent fails to appear before the State Commissioner

on such days, the State Commissioner may either dismiss the complaint on default or decide

on merits.

(5) Where the opposite party or his agent fails to appear on the date of hearing, the

State 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 State Commissioner may dispose of the complaint ex-parte, if necessary.

(7)The State Commissioner may on such terms as he deems fit and at any stage of

the proceedings, adjourn the hearing of the complaint.

(8)The State 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.

33. Submission of annual reports:— (1)The State 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 State Government an annual report giving a

complete account of activities of the 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 therein

information in respect of each of the following matters, namely:-

(a) names of officers and employees in the office of the State Commissioner

and a chart showing the organizational set up;

(b) the functions which the State Commissioner has been empowered under the Act

and the highlights of the performance in this regard;

(d) progress made in the implementation of the Act in the State; and

(e) any other matter deemed appropriate for inclusion by the State Commissioner or

specified by the State Government from time to time to be included in the report.

Chapter VIII

Special Public Prosecutor

34. Remuneration of Public Prosecutor:— The fee and other remunerations of the Special

Public Prosecutor appointed under sub- section (1) of Section 85 of the Act shall be the same

as that of Public Prosecutor appointed by the State Government under the Code of Criminal

Procedure, 1973 (1 of 1974) for conducting the cases before a Court of Session.

Chapter IX

State Fund for Persons with Disabilities

35. State Fund for Persons with Disabilities and its management:— There shall be

credited to the State Fund for Persons with Disabilities hereinafter referred to as 'the State

Fund':—

(a) all sums received by way of grant, gifts, donations, benefactions, bequests or

transfers;

(b) all sums received from the State/Central Government including grants-in-aid; and

36. Governing Body:— (1) There shall be a governing body consisting of following members

to manage State Fund, namely:—

(a) Principal Secretary or Commissioner-cum-Secretary, Social Security and

Empowerment of Persons with Disabilities Department Government of Odisha

shall be the Chairperson;

(b) Financial Advisor, Social Security and Empowerment of Persons with Disabilities

Department- Member;

of School and Mass Education, Department of Higher Education – Members;

(d) two persons representing different types of disabilities to be nominated by the

State Government by rotation - Members;

(e) Director, Social Security and Empowerment of Persons with Disabilities

Department, Government of Odisha shall be the Convener and Chief Executive

Officer.

(2) The governing body shall meet as often as necessary, but at least once in every

financial year.

(3) The nominated members shall hold office for not more than two years.

(4) No member of the governing body shall be a beneficiary of the Fund during the

period such Member holds office.

(5) 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 State Government

for attending the meetings of the governing body.

(6) No person shall be nominated under clause (c) and (d) of sub-rule (1) as a member

of the governing body if he/she, —

(a) is, or has been, convicted of an offence, which in the opinion of the State

Government, involves moral turpitude; or

(b) is, or at any time has been, adjudicated as an insolvent.

37. Utilization of the State Fund:— (1) The State Fund shall be utilized for the following

purposes, namely:—

(a) financial assistance in the areas which are not specifically covered under any

scheme and programme of the State Government;

(b) administrative and other expenses of the Fund, as may be required to be

incurred by or under the Act; and

(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.

38. Budget:— The Chief Executive Officer of the State Fund shall prepare the budget for

incurring expenditure under the State 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.

39. Annual Report:— The annual report of the Department dealing with Empowerment of

Persons with Disabilities in the State Government shall include a chapter on the State Fund.

By Order of the Governor

NITEN CHANDRA

Principal Secretary to Government

FORM - I

(See rule 6)

REPORTS OF COMPLAINTS ON ABUSE, VIOLENCE &

EXPLOITATION OF PERSONS WITH DISABILITIES

Sl.

No.

Number of Cases

Up to Last

Month

During

the

Reporting

Month

Total

Registered

Investigated

Counselled

Mutually Settled

Filed with Police

Investigated by police

Closed after Police Investigation

Charge Sheeted by police

Pending with Police

Filed in Court

Disposed of by Court

Pending in the Court

Signature of Reporting Authority

FORM - II

[See rule 8(1)]

APPLICATION FOR REGISTRATION OF INSTITUTION

WORKING IN THE FIELD OF DISABILITIES

(To be submitted in duplicate)

Name of Applicant Organization

Complete Postal Address with Website, E Mail ID, Contact Telephone

Number

Registration Details (Act under which registered with number and date)

(enclose copies of Certificates and Byelaws)

An Organization registered under the Societies Registration Act, 1860

(Act XXI of 1860)

A public trust registered under any law for the time being in force.

Indian Red Cross Society or its branches

Company registered under Section 25 of the Companies Act, 1956;

Any other organization (Details of registration with the name of the Act)

which may be recognized by the Ministry for the purpose of this Scheme

(Details of registration with the name of the Act.)

Date of establishment of the Organization

If Registration under Income Tax Act 1961 (PAN number, 12 AA, 80G etc.)

give details thereof

If registered under Foreign Contribution Regulation Act (FCRA) 2010,

registration number, date and validity period

Nature of the Organization. (Please indicate precisely whether it is

educational or training institution or a workshop for the blind, the deaf

and dumb, the orthopedically handicapped vocational or mentally

retarded persons etc.)

Brief history of the organization and of its objects and activities.

Whether recognized by the State Government.

10.

Whether the organization is of an All India Character. If so, give the

nature of its All India Activities

11.

Whether located in its own/ rented building

12.

Present number of Persons with Disabilities beneficiaries

13.

Likely dates of commencement and completion of project.

14.

Whether the project is likely to be assisted by some other official or non-

official source

15.

Whether necessary land for the proposed building is available. If so, give

details. (Please indicate the location of the plot and enclose permission

certification for construction from the competent authority etc.)

16.

Whether trained staff and other suitable facilities for undertaking

the project are available. If so, give details.

In case new staff is to be appointed, give details of the qualification,

academic, professional and experience prescribed for the purpose.

Number of the employees working in the Organization

17.

List of papers/statement s to be attached:

Prospectus or a brief descriptive note giving aims and

objects/activities of the Organization;

Constitution of the Organization:

Constitution of the Board of Management with particulars of each

Member;

PAN Card, Registration Certificate under Section 12 AA and 80G of

Income Tax Act 1961;

FCRA Registration Certificate;

Latest available annual report

Income and Expenditure accounts and Receipt and Payment

accounts duly audited by a Chartered Accountant or a Government

Auditor for the last two years for the Organization as a whole (Along

with a copy of the certified balance sheet from the previous financial

year for the Organization as a whole):

A statement giving details (year, purpose, amounts, etc.) of

assistance received during the last five years from the Central/State

Government, Central Social Welfare Board, Local Bodies or any other

quasi-Government institution including requests made thereof to

any one of those or any other Organization for the projects under

considerations or for any other project

A statement giving item wise and year wise details of estimated

recurring and non-recurring expenditure on the project

A copy each of the plan of the proposed building (Rough sketch

giving broad indication of the building to be constructed and area to

be covered) and estimated cost of construction; and

A statement indicating the equipments, apparatus, furniture library

books, etc. (By number of details whichever is possible) already

available; and separately a statement indicating the above items

purchased year wise with financial assistance from the Ministry of

Socials Justice and Empowerment; and

Details budget estimated of the Organization as a whole exhibiting

the estimated receipts and expenditure during the year for which

grant sought for.

16.

List of additional papers, if any

17.

List of additional information, if any

DECLARATION

I have read the provisions of the Rights of Persons with Disabilities Act, 2016 and Rules there under

and undertake to abide by all the conditions of the Act/Rules. My Organization will be responsible to

provide such facilities and maintain such standard as may be prescribed by the State government from

time to time. The Competent Authority declared by the State Government for the purpose may de-

recognize and cancel certificate of registration of my institution in case of any deviation of provisions of the

Act and Rules there under.

SIGNATURE OF THE APPLICANT

Name:

Address:

Date:

(SEAL OF THE ORGANISATION)

FORM - III

[See rule 10(1)]

APPLICATION FOR RENEWAL OF REGISTRATION OF INSTITUTION

WORKING IN THE FIELD OF DISABILITIES

(To be submitted in duplicate)

Name of Applicant Organization

Complete Postal Address with Website, E Mail ID, Contact Telephone

Number

Name of the Act under which the organisation is registered with

registration No. and date of registration. (Photo copy to be attached)

If registered under Foreign Contribution Regulation Act with

registration No, and date. (Photo copy to be attached)

If registered under Rule 45 of PWD Rules with registration No. and

date. (Photo copy to be attached)

If the Institution is running in its own building/rented building or

Govt. building.

If the organisation has its own memorandum and bye-laws. (Photo

copy to be attached)

Name, Address, Occupation and other particulars of the members of

the board of management and term of the office etc.

Activities in brief undertaken by the organisation (separate sheet

may be attached)

10.

Grant-in-Aid received from State/Central Govt. or any other source

(details be given in separate sheet)

11.

List of documents to be furnished:

Annual report for previous year

Audited statement of accounts duly certified by the C.A. for last 3

years, (i.e. Receipt and Payment, Income and Expenditure, and

Balance Sheet)

Utilization Certificate duly certified by departmental auditor in case

of GIA from W&.CD Department

Utilization Certificate duly certified by C.A. in case other than grant

received from W&CD Department

12.

Details of staff employed (Separate sheet be attached)

DECLARATION

I have read the provisions of the Rights of Persons with Disabilities Act, 2016 and Rules there under

and undertake to abide by all the conditions of the Act/Rules. My Organization will be responsible to

provide such facilities and maintain such standard as may be prescribed by the State government from time

to time. The Competent Authority declared by the State Government for the purpose may de-recognize and

cancel certificate of registration of my institution in case of any deviation of provisions of the Act and Rules

there under.

SIGNATURE OF THE APPLICANT

Name:

Address:

Date:

(SEAL OF THE ORGANISATION)

FORM - IV

[See rule 11(1)]

FORM OF APPEAL AGAINST

ORDER OF COMPETENT AUTHORITY

From

______________________

(Appellant’s Name & Address)

Before the Appellate Authority

Date of Appeal

Name of the Appellant

Name of the Institution

Address

Particulars of Order Number and Date

Refusal/ Revocation/ Cancellation of Certificate

Reasons for which Refused/ Revoked/ Cancelled

The Grounds of Appeal (Details of any to be enclosed in

separate sheet)

Verification

I, _____________________ (Name of the Appellant), Son/ Daughter/ Wife of ___________________

holding

position

_________________________

(Designation)

the

_____________________________________________________ (Name & Address of the Institution)

hereby declare that the particulars furnished in the appeal are to the best of my knowledge and belief, true

and correct and that I have not suppressed any material fact.

Signature of the Appellant

Place:

Date:

_________________________________

(Name and Address of Appellate Authority)

FORM - V

[See rule 12(1)]

FORM OF APPEAL REGARDING

CERTIFICATE OF DISABILITY

From

______________________

(Appellant’s Name & Address)

Before the Appellate Authority

Date of Appeal

Name of the Appellant

Address

with

Mail

ID,

Contact

Telephone Number

Name and Address of the Aggrieved

Person (If the Appellant and the

Aggrieved Person are different)

Particulars of Certificate/ Rejection Letter

along with name of the Board, Number

and Date of Issue (Enclose Copy)

The Grounds of Appeal (Details of any to

be enclosed in separate sheet)

Verification

I, ___________________(Name of the Appellant), Son/ Daughter/ Wife of ___________________ resident

of _____________________________________________________ (Address) hereby declare that the

particulars furnished in the appeal are to the best of my knowledge and belief, true and correct and that I

have not suppressed any material fact.

Signature of the Appellant

Place:

Date:

_________________________________

(Name and Address of Appellate Authority)

FORM - VI

[See rule24(j)]

MONTHLY REPORT ON PERFORMANCE OF DISTRICT COMMITTEE

Name of the District

Population of the District

Disability wise Population of PwDs in

the District

Sl. No.