Notice

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

N o. 20 4 1 CU TTAC K, FR ID A Y , N OV EMB ER 0 1, 201 9 /KA RTIKA 1 0 , 19 41

SOCIAL SECURITY & EMPOWERMENT OF PERSONS WITH DISABILITIES DEPARTMENT

NOTIFICATION

The 24th October, 2019

Subject : Guidelines for issue of identity cards to Persons with Disabilities.

No.9250-SSEPD-DA-6-Misc-0015/2019/SSEPD.—With a view to bring a transformative improvement in identification of PwDs and delivery of services to the PwDs, the Government, after careful consideration have been pleased to decentralize the procedure for recognizing the status of PwDs by providing for identity cards for the PwDs for availing benefits under different State Sector Schemes and Services from Department of Social Security & Empowerment of Persons with Disabilities (SSEPD) and other departments of Government of Odisha, except reservation in educational institutions, employment and benefits under Central Sector Schemes.

1. Short title and Commencement :— (a) These guidelines may be called the "Guidelines for Issue of Identity Cards to Persons with Disabilities for availing benefits under State Sector Schemes".

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

2. Definition : (A) In these rules, unless the context otherwise requires—

(a) "Persons with Disabilities" means Persons with Disabilities who are coming in the purview of Persons with Benchmark Disabilities as specified in the schedule appended to Section 2(zc) of the Rights of Persons with Disabilities Act, 2016;

(b) "RCDR" means Regional Centre for Disability Rehabilitation;

(c) "DDRC" means District Disability Rehabilitation Centre;

(d) "SIDR" means State Institute for Disability Rehabilitation;

(e) "DEIC" means District Early Intervention Centre;

(f) "SIEP" means State Institute for Empowerment of PwDs;

(g) "SISER" means State Institute of Special Education & Research;

(h) "DFC" means District Fitment Centre;

(i) "Rehabilitation" means Rehabilitation defined under RPD Act, 2016;

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

(k)"Competent Medical/Rehabilitation Professionals" means medical and rehabilitation professionals either notified at Annexure-B of this guidelines or designated by SSEPD Dep artment.

(l) "Medical Professionals" means a registered medical practitioner with MBBS degree working under Health & Family Welfare Department.

(m) "Rehabilitation Professionals" means registered rehabilitation professionals working for rehabilitation of Persons with Disabilities under Health & Family Welfare and SSEPD Dep artment and notified by SSEPD Department. (n) "Service" means different welfare and other services provided to PwDs;

(B) All other words and expressions which have been used but not specifically defined in these rules shall have same meaning as assigned to them in the Guidelines.

3. Guidelines for Issue of Identity Cards to Persons with Disabilities :

(a) The Identity Card (Annexure-A) shall be issued to Persons with Disabilities where disability is perceptible to the naked eye by the qualified Medical/Rehabilitation Professionals, authorized by SSEPD Department. The detailed list of disability and the Competent Authority to issue identity cards is enclosed at Annexure-B.

(b) The Identity Card shall be issued by Competent Authority, who will make an assessment of the cases to ascertain that they fall within the purview of Persons with Benchmark Disabilities as per the provisions of the Rights of Persons with Disabilities Act, 2016.

(c) No percentage of disability shall be mentioned in the Identity Card and only provisional diagnosis, range and category of disability will be mentioned.

(d) In all complicated and other cases of disability involving use of medical equipment for detection of disability and requiring experts for diagnostics, Certificates will be issued by officers authorized by Health & Family Welfare Department.

(e) If any professional/ authorised person is found issuing Identity Cards to persons not included in the definition of Person with Disability or any unauthorised person found issuing Identity Cards shall be prosecuted according to provisions of law.

(f) If any person fraudulently avails or attempts to avail any benefit meant for persons with Benchmark Disabilities, shall be punishable under section 91 of Rights of Persons with Disabilities Act, 2016.

4. Authorities competent to issue Identity Cards to Persons with Disabilities:

(a) On the date of commencement of these guidelines, the registered Medical/Rehabilitation Professionals as defined at point 2.(A) and listed at Annexure-B and working at District Disability Rehabilitation Centre (DDRC)/ State Institute for Disability Rehabilitation (SIDR)/State Institute for Empowerment of Persons with Disabilities (SIEP)/ State Institute of Special Education & Research (SISER)/ Kshyamata Express/ Special or Inclusive Schools and Teacher's Education Centre under SSEPD Department and District Early Intervention Centre (DEIC)/ District Headquarters Hospitals/ District Fitment Centres (DFC)/other periphery health centres/hospitals like PHC/CHC under Health & Family Welfare Department will assess and provide Identity Cards as given in Annexure-A to PwDs.

(b) Since the assessment uses simplified method of recognizing status of disability without use of diagnostic equipment and involvement of experts, the disability percentage will be fixed within a range as specified in Annexure-A.

(c) The SSEPD Department may make addition or deletion in the list of category of disabilities and rehabilitation professionals competent to issue Identity Cards.

(d) Authorities issuing identity cards will maintain a record of identity cards issued by them.

5. Benefits to be availed by Identity Card Holders:

(a) The holder of Identity Card will be eligible for availing benefits under all State Sector Schemes such as pensions, aids & appliances, marriage incentive, skill development training, State scholarships, admission to Special Schools, concession in State Carriage, inclusion in SSEPD department programmes and other Government supports.

(b) The holder of Identity Card is not eligible for availing reservations in Educational Institutions, Employment & Central Sector Schemes. This Identity Card is not a substitute of UDID Card or Disability Certificates issued under UDID.

6. Monitoring :

Block and District Level Authorities of SSEPD Department shall facilitate and monitor issue and use of Identity Card. The said Authorities shall endeavour to enrol the Identity Card holders under the UDID portal (www.swavlambancard.gov.in) for certification.

7. Interpretation :

If any question arises relating to interpretation of any of the provisions of these Guidelines, it shall be referred to the Government in SSEPD Dep artment for decision.

ORDER: Ordered that, the notification be published in next Extraordinary issue of the Odisha Gazette.

By Order of the Governor,

BHASKAR JYOTI SHARMA

Commissioner-cum-Secretary to Government5

ANNEXURE-A

IDENTITY CARD TO PwDs

(Signature & Seal of Competent Authority)

CRR No., if applicable-

Name-

Designation

Institution-

GENERAL INSTRUCTIONS

· The Identity Card is valid only in the State of Odisha

· The Identity Card shall be duly filled in with recent full photographs signed by competent professional as per annexure-B of notification.

· The Identity Card is valid only for availing benefits under State Govt. Scheme except reservations in Educational Institutions, Employment & Central Sector Schemes.

· Whoever, fraudulently avails or attempts to avail any benefit meant for persons with benchmark disabilities, shall be punishable under section 91 of RPD Act.

ANNEXURE-B

CATEGORIES OF DISABILITIES AND CO MPETENT AUTHORITY TO

ISSUE IDENTITY CARDS

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 1372-173+500