[ 293 ]

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

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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14 {

No. 10 Poudouchéry

Mercredi

Mars

2018

No.

Puducherry

Wednesday

14th

March

2018

( 23 Phalguna 1939)

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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;

Registration issued by the competent authorities under

sub-section (5) of section 7 to these rules.

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(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)

Director, Department of Social Welfare

. .

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.

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[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.

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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;

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.

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[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;

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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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.

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[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.

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(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.

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[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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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

Director, Directorate of Social Welfare

. .

Chairperson

Ex-officio

Medical Superintendent, Health Department

. .

Member

A Psychiatrist

. .

Member

Public Prosecutor

. .

Member

A Representative from Registered Organization

. .

Member

A Person with Disabilities

. .

Member

Deputy Director, Directorate of Social Welfare

. .

Member-

Secretary

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[PART–II

B. Karaikal District Level Committee

Deputy Collector, Karaikal

. .

Chairperson

Ex-officio

Medical Superintendent, Health Department

. .

Member

A Psychiatrist

. .

Member

Additional Public Prosecutor

. .

Member

A Representative from Registered Organization

. .

Member

A Person with Disabilities

. .

Member

Assistant Director, Department of Social Welfare,

. .

Member-

Karaikal.

Secretary

C. Mahe Regional Level Committee

Regional Administrator, Mahe

. .

Chairperson

Ex-officio

Deputy Director (Health)

. .

Member

A Psychiatrist

. .

Member

Additional Public Prosecutor

. .

Member

A Representative from Registered Organization

. .

Member

A Person with Disabilities

. .

Member

Assistant Director, Department of Social Welfare, . .

Member-

Mahe.

Secretary

D. Yanam Regional Level Committee

Regional Administrator, Yanam

. .

Chairperson

Ex-officio

Deputy Director (Health)

. .

Member

A Psychiatrist

. .

Member

Additional Public Prosecutor

. .

Member

A Representative from Registered Organization

. .

Member

A Person with Disabilities

. .

Member

Assistant Director, Department of Social Welfare,. .

Member-

Yanam.

Secretary

(1)

(2)

(3)

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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.

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.

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[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

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.

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(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.

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[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;

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,

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(b) One full-time Personal Assistant in the Grade of

Stenographer Grade II drawn from the Government of

Puducherry on deputation basis,

another in the grade of Upper Division Clerk drawn from

the Government of Puducherry on deputation basis,

(d) Two

full-time

Multitasking

Staff

General-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).

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[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;

arose;

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

complaint;

(e) the relief which the complainant claims.

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(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.

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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;

(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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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.

(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

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 representative each from Department . .

Members

of Health and Family Welfare, Department of

Education, Department of Labour, Department

of Finance, Director, Social Welfare Department.

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LA GAZETTE DE L'ETAT

[PART–II

(iii)

Two persons representing different 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;

(1)

(2)

(3)

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LA GAZETTE DE L'ETAT

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.

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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 Administrative Office : Address,

Phone Number and email ID of the

Organization/Institution.

3 Place of Institution : Address,

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).

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PART–II]

LA GAZETTE DE L'ETAT

5 Date of registration of the

Organization/Institution.

6 Brief history of the Organization/

Institution and of its objects and

activities.

7 Typ e o f services rend ered b y

Organization/Institution (indicate

specified disability).

8 Whether recognized by the State

Government, if so, provide details.

9 Copy of previous Certificate of

Registration issued under section 51(2)

of Rights of Differently Abled

Persons Act, 2016.

Whether located in its own or rented

building and provide address details.

if rented, enclose rental agreement

copy.

Present number of differently abled

beneficiaries

(Sl. No., Name, Address, Age, Sex,

Type of specified disability. % of

disability and date of admission).

Building Documents –

(a) Building licence from Tahsildar/

PPA approval.

(b) Building Structural Stability

Certificate from Public Works

Department Engineer/Chartered

Engineer.

drawn by qualified Engineer.

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LA GAZETTE DE L'ETAT

[PART–II

(d) Sanitary Certificate from

District Health Authority.

(e) NOC fro m Fire Service

Department.



Whether trained staff and other

suitable facilities for undertaking

the project are available. If so,

give details.



In case, new staff is to be

appointed. Give details of the

qualifications, academic,

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.).

List of papers/statements to be

attached:

(a) Constitution of the Organization

(b) Constitution of Board of

Management with particular of

each Member.

three years.

(d) In co me an d

ex p en d i tu r e

accounts and receipt 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).

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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

to any one of those or any

other organization.

(f) A statement giving item–wise

and year–wise details of

e st i ma t ed re cu r ri ng 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

indicating the above items

purchased year–wise with

financial assistance from the

Government of India for the

past three years.

(h) Details of budget estimate of

the organization as a whole

exhibiting the estimated receipts

and expenditure during the year

for which grant sought for.

Access facilities provided (Building

campus and others to differently

abled persons).

Recreation/Sports facilities

P r o v i s i o n o f r e a s o n a b l e

accommodation according to the

individual requirements (specify the

details).

320

LA GAZETTE DE L'ETAT

[PART–II

Transport and attendant facilities for :

children with disabilities having high

support needs.

List of additional papers, if any

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. Whether structural stability is

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. Whether environment/premise is

cleaned regularly.

3. Whether toilets cleaned regularly

4. Mention arrangements for pest :

control.

IV. Education and Training

1. Whether the professionals are :

registered with RCI please furnish

list of professionals with their

qualification and RCI Registration No.

2. Mention the type of teaching method :

and under which Institution it is

affiliated.

3. Please list of vocational training :

imparted to the PWDs.

4. Please mention arrangements for

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. Whether structural stability 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

checked periodically and safety

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

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LA GAZETTE DE L'ETAT

IV. Education and Training

1. Whether the professionals are :

registered with RCI please furnish

list of professionals with their

qualification and RCI Registration No.

2. Mention the type of teaching method :

and under which Institution it is

affiliated.

3. Please list of vocational training :

imparted to the PWDs.

4. Please mention arrangements for

follow up of discharged students/

inmates.

V. Food/Clothing and other Amenities

1. Whether cleanliness of kitchen/

groceries/vegetables are monitored

daily.

2. Whether diet scale for providing

minimum nutritional standard 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 uring sickness/accid ent at

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

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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.