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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II ➢ EXTRAORDINAIRE EXTRAORDINARY
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▪ 2018 } | 14 { No. 10 Poudouchéry Mercredi 1 4 Mars 2018
No. Puducherry Wednesday 14th March 2018
( 23 Phalguna 1939)
GOVERNMENT OF PUDUCHERRY
SOCIAL WELFARE SECRETARIAT
(G.O. Ms. No. 20/SWS/2017-18,
Puducherry, dated 14th March 2018)
NOTIFICATION
The following Draft of the "Puducherry the Rights of Persons with Disabilities Rules, 2018" which the Lieutenant-Governor of Puducherry proposes to make in exercise of the powers conferred under sub-sections (1) and (2) of section 101 of the "Rights of Persons with Disabilities Act, 2016" (49 of 2016), read with notification of Ministry of Home Affairs, Government of India, published in the Extraordinary Gazette of India bearing No. 3394, dated December 12, 2017 is hereby published for the information of all persons likely to be affected thereby; and notice is
[ 293 ] 294 LA GAZETTE DE L'ETAT [PART–II
hereby given that the said Draft Rules shall be taken into consideration by the Government of Puducherry after the expiry of a period of fifteen days from the date on which the copies of the Official Gazette in which this notification is published are made available to public;
Objections or suggestions, if any, may be addressed to the Director, Directorate of Social Welfare, No. 1, Main Road, Saradambal Nagar, Puducherry-605 005 and emailed at [email protected].
Any objections or suggestions which may be received from any person with respect to the said Draft Rules before the expiry of the period specified above will be considered by the Government of Puducherry.
(By order of the Lieutenant-Governor)
K. SARANGAPANI, Under Secretary to Government (Welfare).
DRAFT PUDUCHERRY RIGHTS OF PERSONS WITH
DISABILITIES RULES, 2018
CHAPTER-I
PRELIMINARY
1. Short title and commencement.— (1) These rules may be called
the Puducherry Rights of Persons with Disabilities Rules, 2018.
(2) These Rules shall extended to the whole of the Union territory
of Puducherry.
(3) They shall come into force on the date of their final
publication in the Official Gazette.
2. Definitions.— (1) In these rules, unless the context otherwise
requires,-
(a) "Act" means the Rights of Persons with Disabilities Act,
2016 (Central Act No. 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 authorities under sub-section (5) of section 7 to these rules.
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PART–II] LA GAZETTE DE L'ETAT
(d) "Form" means a Form appended to these rules.
(e) "Government" means the Administrator appointed by the
President under Article 239 of the Constitution.
(2) Words and expressions used herein and not defined but, defined in the Act shall have the meaning respectively assigned to them in the Act.
CHAPTER-II
COMMITTEE FOR RESEARCH ON DISABILITIES
3. State Committee for Research on Disabilities.— (1) The Committee for Research on Disabilities at the State level shall consist of the following Members, namely:-
Sl. Composition Position No.
(1)
(2)
(3)
(i) An eminent person having vast experience . . Ex-officio
in the field of science and Medical research Chairperson to be nominated by the Government.
(ii) Director, Department of Health and Family . . Ex-officio
Welfare. Member
(iii) Three representatives from registered state . . Members
level organization to be nominated by the Government.
(iv) Directo r, Dep ar tment o f Social Welfar e . . Member-
Secretary.
(2) The Chairperson may invite any expert as a special invitee.
(3) Any person/organization/institution, desirous of undertaking any research about persons with disabilities shall submit an application along with relevant documents, purpose of the research, etc., through the authenticated officer of the institution/organization to the Ex-officio Chairperson of the Committee prior to 30 days before commencing the research.
296 LA GAZETTE DE L'ETAT [PART–II
The Committee, on receiving such application, shall be convened not later than 10 days from the date of receipt of the application, to ensure that the provisions under sub-section (2) of section (6) of the Act are compiled with. Having satisfied with the application, the Committee shall issue permission to conduct such research with suitable condition specified thereof, after intimating the same to the State Commissioner for Persons with Disabilities.
(4) 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.
(5) One half of the Members shall constitute the quorum of the
meeting.
(6) the non-official Members and special invitees shall be
entitled for allowance of ` 500 per meeting.
(7) The Government may provide the Committee with such
clerical and other staff as the Government consider necessary.
4. Person with disabilities not to be a subject of research.— No person with disability shall be considered to be a subject of research expect when the research involves physical impact on his person.
CHAPTER-III
LIMITED GUARDIANSHIP
5. Limited Guardianship.—The Government shall notify the
following:
(i) Local Level Committee constituted under National Trust Act, 1999 as designated authority for the purpose of section (14)(1) of the Act and
(ii) the State Commissioner as appellate authority for the
purpose of section 14(3) of the Act.
CHAPTER-IV
EDUCATION
6. Terms and conditions before recognition of the educational institution.— The terms and conditions of grant of recognition to the educational institutions by the Competent Authority in the State may include the requirement to comply with the provisions of section 16 of the Act.
297
PART–II] LA GAZETTE DE L'ETAT
CHAPTER-V
CERTIFICATE OF REGISTRATION OF INSTITUTIONS
7. Application for, and 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-'I' to the competent authority referred to in section 51 of the Act.
(2) The Government, while taking a decision on the application
for registration, shall consider the following namely:-
(i) Details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation and accessibility facilities;
(ii) Plan to provide services for children such as medical, vocational, educational, counseling, etc., in case of new applicants and details of such services provided in case of existing institutions;
(iii) Arrangements of safety, security and transportation;
(iv) details of existing staff with their qualification, experience and registration with RCI as a rehabilitation personnel
(v) details of registration under Foreign Contribution
Regulation Act and funds available, if any;
(vi) any other criteria as prescribed by the Government.
(3) Every application made under sub-rule (1) shall be
accompanied with:-
(a) documentary evidence of work in the area of disability;
(b) the Constitution or bye-laws or regulations governing
the institution;
(c) audited statement and details of grants received in the last three years, preceding the date of application;
(d) a statement regarding total number of persons employed
in the institution along with their respective duties;
(e) the details of professionals employed in the Institution
with their CRR Nos. and
(f) the proof of residence of the applicant.
298 LA GAZETTE DE L'ETAT [PART–II
(4) Every application made under sub-rule (1) shall comply with
following requirements 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
the application is made;
(b) that the institution is registered under the Societies
Registration Act, 1860 (XXI of 1860) or under any other
Law for the time being in force in the States and a copy
of such Registration Certificate along with the bye-laws
and memorandum of association of the Society shall
accompany the application;
(c) that the institution has not been running to profit any
individual or a Body of individuals;
(d) that the institution has employed professionals registered
with the Rehabilitation Council of India to cater to the
special need of the children with disabilities;
(e) that the institution had adequate teaching and learning
material for the persons with disabilities; and
(f) that the institution has submitted its audited accounts
and annual reports of last three years with the competent
or authority.
(5) The certificate of registration issued in Form-II under this
rule, unless revoked under section 52 of the Act, shall remain in force
for a period of five years on and from the date on which it is granted or
renewed.
(6) An application for the renewal of certificate of registration
shall be made in the same manner as the application for grant of
certificate under sub-rule (1) accompanied with the previous certificate
of registration and a statement that the applicant is applying for renewal
of the certificate so accompanied:
Provided that such application shall be made before sixty days
of the expiry of the validity of such certificate;
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PART–II] LA GAZETTE DE L'ETAT
Provided further that the competent authority may consider application for renewal of the Certificate of Registration after 60 days but not later than 120 days, if, he is satisfied that sufficient reasons has been provided for such delay.
(7) If, the application for renewal of Certificate of Registration is made before its expiry as specified in the proviso to sub-rule (6), the certificate of registration shall continue to be in force until orders are passed on the application and the certificate of registration shall be deemed to have expired if application for its renewal is not made within sixty days as specified in the said proviso.
(8) Every application made under sub-rule (1) or sub-rule (6), in which the competent authority referred to in sub-section (1) of section 51 of the Act, is satisfied that the requirements for grant of certificate of registration under the Act and these rules have been complied with, shall be disposed of by it within a period of ninety days thereafter.
8. Appeal against the order of competent authority.— Any person aggrieved by the order of the competent authority referred to in sub-section (1) of section 51, 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 to the appellate authority referred to in sub-section (1) of section 53 and the appellate authority may, after such enquiry into the matter as it considers necessary and after giving the appellant an opportunity of hearings, make such order as it thinks fit.
CHAPTER-VI
APPEAL REGARDING CERTIFICATE OF DISABILITY
9. Appeal against the decision of the authority issuing 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 to the appellate authority designated by the Government for the purpose under sub-section (1) of section 59 of the Act in the following manner:-
(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 of letter of rejection issued by the certifying authority.
300 LA GAZETTE DE L'ETAT [PART–II
Provided that where a person with disability is a minor or suffering from any disability which renders him unfit to make 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 and thereafter, pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decision as expeditiously as possible and not later than a period of sixty days from the date of receipt of the appeal.
CHAPTER-VII
STATE ADVISORY BOARD
10. Allowance 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 rupees five hundred 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 traveling allowances for each day of the actual meeting of the said Board at the rates admissible to a Group-B or equivalent Officer of the State Government:
11. Notice of the Meeting.— (1) The meeting 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 day's 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 thereat, shall be given by Member-Secretary of the Board to the Members of the Board.
301
PART–II] LA GAZETTE DE L'ETAT
(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 has not
given ten clear days notice to the Member-Secretary of the Board, unless
the Chairperson of the Board, in his discretion, permit him 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) of rule 11.
12. Presiding Officer.— The Chairperson of the Board shall preside
at every meeting of the Board and in his 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.
13. Quorum.— (1) One-third of the total Members of the Board
shall from the quorum for any meeting.
(2) If, at any time fixed for any meeting of 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 may fix.
302 LA GAZETTE DE L'ETAT [PART–II
(3) No quorum shall be necessary for the adjourned meeting of
the Board.
(4) No matter which had not been on the agenda of the ordinary or the special meeting of the Board, as the case may be, shall be discussed at its adjourned meeting.
(5)(a) Where a meeting of the Board is adjourned under sub-rule (2) for want of quorum to the following day, notice of such adjourned meeting shall be given to the Members of the Board available at the place where the meeting which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to other Members; and
(b) Where a meeting of the Board is adjourned under sub-rule (2) for want of quorum not to the following, 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 11.
14. 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 meeting in a book to be maintained foe 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.
15. 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 11 shall be transacted at any meeting of the Board.
16. Agenda for the meeting of the State Advisory Board.— (1) 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:
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PART–II] LA GAZETTE DE L'ETAT
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.
17. Decision by majority.— All questions considered at a meeting
of the Board shall be decision 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
costing vote.
18. 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 Board.
19. District-level Committee.— The District-level Committee on
disability referred to in section 72 of the Act shall consists of –
DISTRICT/REGIONAL LEVEL COMMITTEES
Sl. Composition Position
No.
(1)
(2)
(3)
A. Puducherry District Level Committee
1 Director, Directorate of Social Welfare . . Chairperson
Ex-officio
2 Medical Superintendent, Health Department . . Member
3 A Psychiatrist
. . Member
4 Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 A Person with Disabilities
. . Member
7 Deputy Director, Directorate of Social Welfare . . Member-
Secretary 304 LA GAZETTE DE L'ETAT [PART–II
(1)
(2)
(3)
B. Karaikal District Level Committee
1 Deputy Collector, Karaikal
. . Chairperson
Ex-officio
2 Medical Superintendent, Health Department . . Member
3 A Psychiatrist
. . Member
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 A Person with Disabilities
. . Member
7 Assistant Director, Department of Social Welfare, . . Member- Secretary
Karaikal.
C. Mahe Regional Level Committee
1 Regional Administrator, Mahe . . Chairperson
Ex-officio
2 Deputy Director (Health)
. . Member
3 A Psychiatrist
. . Member
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 A Person with Disabilities
. . Member
7 Assistant Director, Department of Social Welfare, . . Member- Secretary
Mahe.
D. Yanam Regional Level Committee
1 Regional Administrator, Yanam . . Chairperson
Ex-officio
2 Deputy Director (Health)
. . Member
3 A Psychiatrist
. . Member
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 A Person with Disabilities
. . Member
7 Assistant Director, Department of Social Welfare,. . Member- Secretary
Yanam.
305
PART–II] LA GAZETTE DE L'ETAT
20. Functions of the Committee.— The District Level Committee
on Disability shall perform the following functions, namely:-
(a) Advice the District authorities on matters relating to
rehabilitation and empowerment of persons with
disabilities.
(b) Monitor the implementation of the provisions of the Act
and the rules made thereunder by the District authorities.
(c) Assist the District authorities in implementation of
schemes and programmes of the Government for
empowerment of persons with disabilities.
(d) look into the complaints relating to non-implementation
of the provisions of the Act by the District authorities
and recommend suitable remedial measures to the
concerned authority to redress such complaints.
(d) look into the appeal made by the employees of
Government establishments aggrieved with the action
taken by the District level establishments under
sub-section (4) of section 23 of the Act and recommend
appropriate measures.
(f) any other functions as may be assigned by the
Government.
CHAPTER-VIII
STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
21. Qualification for appointment of Commissioner for persons
with Disabilities.— In order to be eligible for the appointment as
Commissioner, a person must satisfy the following conditions, namely:-
(i) He/She should have special knowledge or practical
experience in respect of matters relating to rehabilitation
of persons with disabilities, or implementation of social
sector/welfare schemes for socially and/or economically
weaker sections of the society.
306 LA GAZETTE DE L'ETAT [PART–II
(ii) If, he/she is in service under the Central Government or a State Government, he/she shall seek retirement from such service before his/her appointment to the post; and
(iii) He/She must possess the following educational
qualification and experience, namely:-
(A) Educational qualifications
(i) Essential: Graduate from a recognized university.
(ii) Desirable: Recognized degree or diploma in Social work or Law or management or human rights or rehabilitation or education of disabled person.
(B) Experience
(a) Should have put in 25 years of regular service in a Group 'A' level post in Central/State/Union Territory Government: Provided that one year of experience should have been in the field of empowerment of persons with disabilities or implementation of social sector/welfare schemes; or
(b) Should have been a Member of Pondicherry Civil Service with at least 18 years of regular service; or
(c) Should have been a Member of India Administrative
Service;
22. Method of appointment of the Commissioner.— (1) An advertisement shall be published in at lease two national level dailies and local leading dailies each in English and Regional language inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 21.
(2) A Search-cum-Selection Committee shall be constituted with Chief Secretary to Government as Chairman and Secretary to Government in-charge of Welfare of Disability Persons as Member to recommend a panel of three suitable candidates for the post of the Commissioner.
(3) The panel recommended by the Committee may consist of persons from amongst those who have applied in response to the advertisement mentioned in sub-rule(1) above, as well as other eligible persons whom the Committee may consider suitable.
307
PART–II] LA GAZETTE DE L'ETAT
(4) The Government shall appoint one of the candidates
recommended by the Search-cum-Selection Committee as the Commissioner.
23. Term of the Commissioner.— The Commissioner shall hold
office for a term of three years from the Date on which he assumes his
office, or till he attains the age of sixty-five years, whichever is earlier:
Provided that the Commissioner, may at any time, by writing
under his hand, addressed to the Administrator, resign his office.
24. Salary and allowances of the Commissioner.— (1) The Salary
and allowances of the Commissioner shall be the salary and allowances
as admissible to a Secretary to Government in the Union territory of
Puducherry.
(2) Where a Commissioner, being a retired Government servant
or a retired employee of any institution or autonomous Body funded by
the 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 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:
Provided further that in no case the Commissioner shall be paid
the salary less than what was admissible to him at the time of retirement
prior to the appointment as Commissioner for Persons with Disabilities.
25. Other terms and conditions of service of the Commissioner.—
(1) Leave – The Commissioner shall be entitled to such leave as is
admissible to Government Servants under the Central Civil Service
(Leave) Rules, 1972.
(2) 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 on them.
(3) Medical benefits.– The Commissioner shall be entitled to
such medical benefits as is admissible to Group-'A' Officers of the
Government of Puducherry.
308 LA GAZETTE DE L'ETAT [PART–II
26. Resignation and removal.—(1) the Commissioner may, by notice in writing, under his hand, addressed to the Lieutenant-Governor, resign his post. Provided that he shall continue in the office till his resignation is accepted.
(2) The Government shall remove a person from the Office of
the Commissioner, if he -
(a) becomes an undischarged insolvent
(b) engages during his term of office in any paid
employment or activity the duties of his office;
(c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude;
(d) is in the opinion of the 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;
(e) without obtaining leave of absence from the Government, remains absent from duty for a consecutive period of 15 days or more; or
(f) has in the opinion of the Government, so abused the position of the Commissioner as to render his continuance in office detrimental to the interest of persons with disability:
Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group-'A' employee of the Central Government.
(3) The Government may suspend a Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.
27. Staff component to Commissioner.— (1) the Office of the
Commissioner shall function with the following staff structure -
(a) One Deputy Director drawn from Social Welfare Department, Puducherry, on deputation basis, to work as Secretary to the Commissioner, 309
PART–II] LA GAZETTE DE L'ETAT
(b) One full-time Personal Assistant in the Grade of Stenographer Grade II drawn from the Government of Puducherry on deputation basis,
(c) Two full-time Clerks, one in the grade of Assistant and another in the grade of Upper Division Clerk drawn from the Government of Puducherry on deputation basis,
(d) Two f u l l - t i me M u l t i t a s k i n g St a ff G e n e r a l - 1 ,
House-keeping-1).
(2) The Government may, when so requested by the State Commissioner for Persons with Disabilities, make available to the Commission such staff as may be necessary additionally for the discharge of the functions conferred on the Commissioner under section 61 of the Act.
28. Residuary provision.— Save as otherwise provided in these rules, the Commissioner shall entitled to the same conditions of service relating to travelling allowances, residence, conveyance facilities and such other conditions of service as are for the time being applicable to a Secretary to the Government of Puducherry.
29. Budget, annual report and annual statement of accounts.— The expenditure for official purposes shall be incurred by the Commissioner after observing the usual Government procedures/ formalities. The Commissioner shall submit to the Government through the Secretary in-charge of affairs of Persons with Disabilities, its annual report of activities and annual statement of accounts duly audited by the Accountant-General, Tamil Nadu and Puducherry Unit, not later than the 1st May of the following year as specified in rules 30 and 31.
30. Grants by the Government.— (1) The Government shall, after due appropriation made by the Legislative Assembly by law in this behalf, pay the commission by way of grants such sum of money as the Government may think fit for being utilized for the purpose of the act and these rules.
(2) The Commissioner may spend such sum as he thinks fit for performing the functions under the Act and these rules, and such sum shall be treated as expenditure payable out of the grants referred to in sub-rule(1).
310 LA GAZETTE DE L'ETAT [PART–II
31. Accounts of audit.— (1) The Commissioner shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be formulated, in consultation with Accountant-General of Puducherry and Tamil Nadu.
(2) The accounts of the Commissioner shall be audited by the Accountant-General, Puducherry and Tamil Nadu, at such intervals as may specified by him and any expenditure incurred in connection with such audit shall be payable by the Commissioner to the Accountant-General.
(3) The Accountant-General, Puducherry and Tamil Nadu and any person appointed by him in connection with the audit of the accounts of the Commissioner have the same rights and privilege and the authority in connection with such audit as the Accountant-General, generally has in connection with the audit of the Government accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and to inspect any of Office of the Commissioner.
(4) The accounts of the Commissioner, as certified by the Accountant-General or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Government by the Commissioner.
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 sent it by registered post or by email addressed to the State Commissioner, namely:-
(a) the name, description and the address of the complaints;
(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;
(c) the facts relating to complaint and when and where it
arose;
(d) documents in support of the allegations contained in the
complaint;
(e) the relief which the complainant claims.
311
PART–II] LA GAZETTE DE L'ETAT
(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 give his version of the case 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.
(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 then 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. Constitution of the Advisory Committee to assist the State Commissioner.— (1) The 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 a woman;
(b) two experts or senior officers of the Government to be
nominated by the Government.
(2) 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.
312 LA GAZETTE DE L'ETAT [PART–II
(3) The tenure of the Members of the Advisory Committee shall
be for a period of three years and the Members shall not be eligible for
re-nomination.
(4) The non-official Members of the Advisory Committee,
residing in the State capital, shall be paid an allowance of rupees five
hundred per day for each day of the actual meeting.
(5) Non-official Members of the Advisory Committee, not
residing in the State capital shall be paid daily and traveling allowances
for each day of the actual meetings at the rate admissible to a Group "B"
Officer of the Government.
34. 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 Government an annual report giving a
complete account of his activities 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;
(c) the main recommendations made by the State Commissioner;
(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 Government
from time to time to be included in the report.
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PART–II] LA GAZETTE DE L'ETAT
CHAPTER-IX
PUBLIC PROSECUTOR
35. Appointment of public Prosecutor.— (1) The Public Prosecutor to be appointed by the Government in every Special Court shall have:-
(a) Practical experience of handling cases of Persons with
Disabilities.
(b) Experience at the Bar of not less than seven years.
(c) Shall be well versed with local language and customs.
(2) The fee and other remunerations of the Special Public Prosecutor specified of appointed under sub-section (1) of section 85 of the Act shall be the same as that of Public Prosecutor appointed by the Government under the Code of Criminal Procedure, 1973 (1 of 1974) for conducting the case before a Courts of Session.
CHAPTER-X
STATE FUND FOR PERSONS WITH DISABILITIES
AND ITS MANAGEMENT
36. State Fund for Persons with Disabilities and its Management.— (1) 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 Government including
grants-in-aid; and
(c) all sums from such other sources as may be decided by
the Government.
(2) There shall be a Governing Body consisting of following
Members to manage the State Fund, namely:-
Sl. Composition Position No.
(1)
(2)
(3)
(i) Secretary (Welfare)
. . Chairperson
(ii) One repr esentative each fro m Department . . Members
of Health and Family Welfare, Department of Education, Department of Labour, Department of Finance, Director, Social Welfare Department.
314 LA GAZETTE DE L'ETAT [PART–II
(1)
(2)
(3)
(iii) Two p er sons rep resenting d ifferent types . . Members
of disabilities to be nominated by the
State Government, by rotation.
(iv) Deputy Director, Department of Social Welfare, . . Convener
Puducherry and Persons with Disabilities in and Chief
the State Government. Executive
Officer
(3) The Governing Body shall meet as often as necessary, but,
at least once in every financial year.
(4) The nominated Members shall hold office for not more than
three years.
(5) No Member of the Governing Body shall be a beneficiary
of the Fund during the period such Member holds office.
(6) The nominated non-official Members not residing in the State
capital shall be eligible for payment of traveling allowance and dearness
allowance as admissible to a Group 'B' Officer of the Government for
attending the meetings of the Governing Body.
(7) No person shall be nominated under clause (b) and (c) of
sub-rule 2 as Member of the Governing Body if, he -
(a) is, or has been, convicted of an offence, which in the
opinion of the 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 Government;
(b) administrative and other expenses of the Fund, as may
be required to be incurred by or under the Act;
315
PART–II] LA GAZETTE DE L'ETAT
(c) For the purpose of implementation of the provision of
the Act; and
(d) such other purposes as may be decided by the Governing
Body.
(2) (a) The person who seeks assistance from the State Fund
shall be persons with disabilities defined under clause
(v), (s) and (t) of section (2) of the Act. The assistance
shall be extended for the purposes undergoing skill
training/coaching for any competitive exams,
participating in State/National level sports activities.
(b) The organization seeking assistance from the fund shall
be as defined under clause (O) of section 2 of the Act.
The Assistance will be provided to an organization for
participating in a State/National level sports events to
meet the travelling expenses.
(3) Every proposal of expenditure shall be placed before the
Governing Body for its approval.
(4) 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.
(5) 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 Government shall
include a Chapter on the State Fund.
316 LA GAZETTE DE L'ETAT [PART–II
FORM-I
[See Rule 7 (1)]
APPLICATION FOR CERTIFICATE/
RENEWAL OF REGISTRATION
1 Name of the Organization/Institution :
2 Ad ministrative Office : Add ress, :
Phone Number and email ID of the
Organization/Institution.
3 P l a c e o f I n s t i t u t i o n : A d d r e s s , :
Phone Number and email ID of the
Organization/Institution.
4 Applicant is – :
• 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 Act) (Copy to be
enclosed).
317
PART–II] LA GAZETTE DE L'ETAT
5 D a t e o f r e g i s t r a t i o n o f t h e :
Organization/Institution.
6 Brief history of the Organization/ :
Institution and of its objects and
activities.
7 Ty p e o f s e r v i c e s r e n d e r e d b y
Organization/Institution (indicate
specified disability).
8 Whether recognized by the State :
Government, if so, provide details.
9 C o p y o f p r e v i o u s Ce r t i f i c a t e o f :
Registration issued under section 51(2)
of Rights of Differently Abled
Persons Act, 2016.
10 Whether located in its own or rented :
building and provide address details.
if rented, enclose rental agreement
copy.
11 Present number of differently abled :
beneficiaries
(Sl. No., Name, Address, Age, Sex,
Type of specified disability. % of
disability and date of admission).
12 Building Documents – :
(a) Building licence from Tahsildar/
PPA approval.
(b) Building Structural Stability
Certificate from Public Works
Department Engineer/Chartered
Engineer.
(c) Blue Print of the Building map
drawn by qualified Engineer.
318 LA GAZETTE DE L'ETAT [PART–II
(d) S an i ta r y Ce r t i fi c at e f r o m District Health Authority.
(e) N O C f r o m F i r e S e r v i c e
Department.
13 • Whether trained staff and other suitable facilities for undertaking the project are available. If so, give details.
• I n c a s e , n e w s t a f f i s t o b e appointed. Give details of the q u a l i f i c a t i o n s , a c a d e m i c , professional and experience prescribed for the purpose.
• Number of employees working in the organization - whether they are full-time or part-time (Recognised by Rehabilitation Council of India.).
14 Li s t o f p a p e r s / s t a t e me n t s t o b e :
attached:
(a) Constitution of the Organization
(b) C o n st it ut io n o f B o ar d o f Management with particular of each Member.
(c) Ann ua l re p o r t fo r th e p as t
three years.
(d) I n c o m e a n d ex p e n d i t u r e acco unts and r eceipt and payment accounts, duly audited in a Chartered Accountant or Government Auditor for the past three years for the organization as a whole (along with copy of the certified balance sheet Form of the previous financial year for the organization as whole).
319
PART–II] LA GAZETTE DE L'ETAT
(e) A statement giving details (year purpose amount, etc.,) of assistance received during the last five years from the Central/ State Government Institution including requests made thereof t o an y o n e o f th o se o r an y other organization.
(f) A statement giving item–wise a n d ye a r – wi s e d e t a i l s o f e s t i m a t e d r e c u r r i n g a n d non-recurring expenditure for the past three years.
(g) A statement indicating equipment, apparatus, furniture, library books, etc., (by number of details whichever is possible) already available and separate statement i n d i c a t i n g t h e a b o v e i t e ms p u r c h a s e d y e a r – wi s e w i t h financial assistance from the Government of India for the past three years.
(h) Details of budget estimate of the o rganizatio n as a whole exhibiting the estimated receipts and expenditure during the year for which grant sought for.
15 Access facilities provided (Building :
camp us and o ther s to differ ently abled persons).
16 Recreation/Sports facilities :
17 P r o v i s i o n o f r e a s o n a b l e a cc o mmo d a ti o n a cc o r d i ng t o th e individual requirements (specify the
details).
320 LA GAZETTE DE L'ETAT [PART–II
18 Transport and attendant facilities for :
children with disabilities having high
support needs.
19 List of additional papers, if any :
20 List of additional information, if any :
Place :
Signature of the applicant
Date : Name:
Seal:
APPENDED TO FORM-I
ANNEXURE-A
(FOR DAY CARE INSTITUTIONS)
I. Accessibility of Building
1. No. of floors in the Institution :
2. Whether lift/ramp available :
3. If yes, mention the No. :
4. If no, mention the alternative facilities :
available for easy mobility of PWDs.
5. No. of adoptable toilets for male :
6. No. of adoptable toilets for female :
7. Whether safe flooring/tactile flooring :
available.
II. Safety Measures
1. W he th er s tr uc tu r al st ab i li ty i s :
monitored periodically and if yes,
how?
321
PART–II] LA GAZETTE DE L'ETAT
2. Whether NOC from Fire Department :
obtained. (enclose a copy).
3. Whether fire safety facilities installed :
and mention No.
4. Whether electrical fixtures/installation :
checked periodically and safety
ensured.
III. Health and Sanitation
1. Whether safe dinking water available :
2. W hether envir o nment/pr emise is :
cleaned regularly.
3. Whether toilets cleaned regularly :
4. M e n t i o n a r r a n g e m e n t s f o r p e s t :
control.
IV. Education and Training
1. W hether the p r o fessio nals ar e :
registered with RCI please furnish
list of professionals with their
qualification and RCI Registration No.
2. Mention the type of teaching method :
and und er which I nstitutio n it is
affiliated.
3. P lease list o f vo cational tr aining :
imparted to the PWDs.
4. P lease mentio n ar r angements fo r :
follow up of discharged students/
inmates.
322 LA GAZETTE DE L'ETAT [PART–II
APPENDED TO FORM-I
ANNEXURE-B
(FOR RESIDENTIAL CARE INSTITUTIONS)
I. Accessibility of Building
1. No. of floors in the Institution :
2. Whether lift/ramp available :
3. If yes, mention the No. :
4. If no, mention the alternative facilities : available for easy mobility of PWDs.
5. No. of adoptable toilets for male :
6. No. of adoptable toilets for female :
7. Whether safe flooring/tactile flooring :
available.
II. Safety Measures
1. W hether str uctural stab ility is : monitored periodically and if yes, how?
2. Whether NOC from Fire Department :
obtained. (enclose a copy).
3. Whether fire safety facilities installed :
and mention No.
4. Whether electrical fixtures/installation : c he ck ed p e r i o d ic a ll y an d s af et y ensured.
III. Health and Sanitation
1. Whether safe dinking water available :
2. Whether environment/premise is :
cleaned regularly.
3. Whether toilets cleaned regularly :
4. Mention arrangements for pest control :
323
PART–II] LA GAZETTE DE L'ETAT
IV. Education and Training
1. W hether the p r o fessio nals ar e : registered with RCI please furnish list of professionals with their qualification and RCI Registration No.
2. Mention the type of teaching method : and und er which I nstitutio n it is affiliated.
3. P lease list o f vo cational tr aining :
imparted to the PWDs.
4. P lease mentio n ar r angements fo r : follow up of discharged students/ inmates.
V. Food/Clothing and other Amenities
1. W he th er c le an li ne ss o f kit ch en / : groceries/vegetables are monitored daily.
2. Whether diet scale for providing : mini mum nutr itio nal stand ar d is followed. If yes, enclose a copy.
3. Details of the daily routine of the :
inmates may be furnished.
4. Whether sufficient clothing and : bedding items are supplied. Give a list and interval of supply.
5. Whether mobility equipments such : as wheel chair, crutches are provided to inmates?
6. What are the recreational facilities :
made available to inmates.
7. Whether accommodation facilities : available to inmates are sufficient. Please give details.
8. Facilities available for washing clothes :
of inmates.
324 LA GAZETTE DE L'ETAT [PART–II
VI. Health Facilities
1. Details of medical facilities available :
2. Whether first aid kit maintained and : the person hand holding the kit is trained for proper usage.
3. Please mention the arrangements for : regular health care and treatment d u r i n g s i c k n e s s / a c c i d e n t a t Institutions.
4. In case of child inmates whether, :
immunisation is carried out.
Date :
Place :
Signature
GOVERNMENT OF PUDUCHERRY
DIRECTORATE OF SOCIAL WELFARE
FORM-II
CERTIFICATE OF REGISTRATION
(See rule )
Dated:
Registration is awarded/renewed to ................................................. ................................................. as an Institution for the Persons with Disabilities vide S.No. .............................. under section 51 (2) of the Rights of Persons with Disabilities Act, 2016 to run residential/ non-residential ..................... This Certificate of Registration is valid for the period commencing from .................. to ....................... and is subject to the following conditions:-
325
PART–II] LA GAZETTE DE L'ETAT
1. Application for granting renewal of a Certificate of
Registration should be submitted to this Office sixty days in advance
before the expiry of the period of validity.
2. The Management should not appoint any staff whose
certificate has been cancelled or who has been convicted for offence
involving moral turpitude.
3. The Institution should provide proper infra-structure
facilities including sufficient accommodation to differently abled
children.
4. The building licence should be duly renewed periodically.
5. The Management should appoint not less than four
percentage of the total number of vacancies in the cadre strength in
each group of posts meant to filled with persons with bench mark
conditions as per section 34 (1) of the RPD Act, 2016.
6. This Certificate should be displayed by the institution in a
conspicuous place.
7. The following words may be mentioned in the name-board
of the Institute ....................................... is registered under section 51(2)
of the Rights of Persons with Disabilities Act, 2016, for a period from
........................................ to ........................................ .
8. Institution should follow the rules/regulations issued by State
Commissioner for the differently abled from time to time.
9. Necessary fire safety facilities should be properly installed
at the appropriate scale as indicated by the Fire Services Department.
10. Structural Stability Certificate, Sanitary Certificate, Building
Licence and No Objection Certificate from Fire Services Department
should be renewed periodically without fail.
11. The Institution is subjected to inspection by the inspection
authorities under the Act/Rules and by the persons/officers authorized
by the State Government.
12. The Certificate of Registration is liable to be revoked as the
provisions given in the section 52 of the RPD Act 2016.
326 LA GAZETTE DE L'ETAT [PART–II
The registration shall be subjected to the conditions laid down in the Persons with Disabilities Act, 2016. The Institution should comply with rules/regulation/instructions issued by the State Commissioner for the differently abled from time to time.
Seal
Signature
————
online publication at "http://styandptg.puducherry.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday