EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1025, CUTTACK, TUESDAY, JUNE 26, 2018 / ASADHA 5, 1940

DEPARTMENT OF SOCIAL SECURITY & EMPOWERMENT OF PERSONS WITH

DISABILITIES

NOTIFICATION

The 25th June, 2018

No.4755–SSEPD-DA-II-MISC-0026/2017/SSEPD.— Whereas, a draft of the Odisha

Rights of Persons with Disabilities Rules, 2018 was published as required under sub-

section (1) of Section 101 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016)

in the Extraordinary issue No.146 of the Odisha Gazette, dated the 3rd February, 2018

under the notification of the Government of Odisha in the Department of Social Security &

Empowerment of Persons with Disabilities No. 894-SSEPD- DA- II- MISC – 0026/ 2017/

SSEPD., dated the 2nd February, 2018 inviting objections and suggestions from all

persons likely to be affected thereby, before the expiry of a period fifteen days from the

date of publication of the said notification in the Odisha Gazette;

And, whereas, objections and suggestions received in respect of the said draft

during the stipulated period have duly been considered by the State Government;

Now, therefore, in exercise of the powers conferred by Section 101 of the Rights of

Persons with Disabilities Act 2016, the State Government do hereby make the following

rules, namely :—

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 Persons are 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,the

Executive Magistrate shall follow the procedure provided in Sections 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 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

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;

years, if 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 had been working in the field of rehabilitation of

persons with disabilities for not less than three years immediately before

the date on which application is made.

(b)That the Institution is registered under the Indian Societies Registration

Act, 1860(XXI of 1860) or under any other law for registration certificate

along with byelaws and memorandum of association of the society shall

accompany the application.

(c)That the Institution has not been running for profit to any individual or a

body of individuals.

(d)That the Institution has employed professionals registered with the

Rehabilitation Council of India or other appropriate body.

(e)That the Institution has adequate infrastructure and equipment for the

persons with disabilities.

(f)That the Institution has submitted its audited accounts and annual reports

for the last three years.

(4) On receipt of an application, the concerned Collector of the District shall

make an inquiry of the Institution though District Social Security Officer (DSSO) and give

his findings including the recommendation or reasons for rejection to the Director,

Department of Social Security and Empowerment of Persons with Disability within 30 days

of receipt of the application.

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

issued within a period of seven working days from the date of receipt of application with

all documents and, unless revoked under section 52, shall remain in force for a period of

five 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 at least one month before its expiry.

(2) 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 15 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:— (1)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

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

Government......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;

made thereunder;

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

programmes of the Government for empowerment of persons with

disabilities;

(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; and

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

CHAPTER-VII

State Commissioner for Persons with Disabilities

25. 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 Principal 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.

26. 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.

(c) Medical Benefits: The State Commissioner shall be entitled to such

medical benefits as is admissible to Group ‘A’ officers under the relevant

provisions of the State Civil Service Rules applicable to them.

27. 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, —

(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

opinion of the 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.

28. 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.

matters 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) State Commissioner shall be the chairperson of the Advisory Committee;

(5) 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;

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

Commissioner;

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

Commissioner and give its opinion;

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

proceedings of the Committee;

(9) The Committee and its members shall perform any other function assigned

by the State Commissioner.

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

may be approved by the Government from time to time.

29. 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; and

(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 his submission 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.

30. 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

31. Remuneration of Public Prosecutor:— The fee and other remunerations

of the Special Public Prosecutor appointed under sub- section (1) of section 85 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

32. 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

Government.

33. 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

Persons

with

Disabilities

Department

Government of Odisha shall be the Chairperson;

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

Disabilities Department- Member;

Department 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, —

(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.

34. 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.

35. 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.

36. 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.

FORM - I

(See rule 6)

REPORTS OF COMPLAINTS ON ABUSE, VIOLENCE &

EXPLOITATION OF PERSONS WITH DISABILITIES

Sl.

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. a)

Whether trained staff and other suitable facilities for undertaking

the project are available. If so, give details.

b) 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;

b) Constitution of the Organization:

Constitution of the Board of Management with particulars of each

Member;

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

Income Tax Act 1961;

e) 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):

h) 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 thereunder.

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

_____________________

(Name

the

Appellant),

Son/

Daughter/

Wife

___________________ holding position of _________________________ (Designation) of 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.