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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II ➢ EXTRAORDINAIRE EXTRAORDINARY
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▪ 2018 } | 5 {
No. 66 Poudouchéry M ercredi 5 Decembre 2018
No. Puducherry Wednesday 5th December 2018
( 14 Agrahayana 1940 )
GOVERNMENT OF PUDUCHERRY
SOCIAL WELFARE SECRETARIAT
(G.O. Ms. No. 9/SWS/2018-19,
Puducherry, dated 3rd December 2018)
NOTIFICATION
Whereas, the Draft Rules, namely, the Puducherry Rights of Persons with Disabilities Rules, 2018 were published as required under sub-sections (1) and (2) of section 101 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), vide G.O. Ms. No. 20/SWS/2017-18, dated 14 March, 2018 of the Social Welfare Secretariat, Government of Puducherry, published in Part-II of the Extraordinary Gazette No. 10, dated 14th March, 2018 for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of fifteen days from the date on which copies of the Official Gazette containing the notification were made available to the general public;
[ 907 ] 908 LA GAZETTE DE L'ETAT [P ART–II
And whereas, the copies of the Official Gazette containing the said notification were made available to the general public on the 14th March, 2018;
And whereas, the objections and the suggestions received from the general public on the said Draft Rules have been considered by the Government of Puducherry;
Now, therefore, in exercise of the powers conferred by sub-section (1) and (2) of section 101 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Lieutenant-Governor, Puducherry, hereby makes the following rules, as the same having been previously published in the G.O. Ms. No. 20/SWS/2017-18, dated 14th March 2018 of the Social Welfare Secretariat, Government of Puducherry and published in Part-II of the Extraordinary Gazette No. 10, dated 14th March, 2018 as, required under section 101 of the said Act.
(By order of the Lieutenant-Governor)
K. SARANGAPANI, Under Secretary to Government (Social 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 extend 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.
909
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/Pondicherry University to be nominated by the Government.
(iv) Dir ecto r, Directorate o f So cial 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 alo ng with r elevant do cuments, p ur po se o f the r esear ch, 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.
910 LA GAZETTE DE L'ETAT [P ART–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 expert 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.
911
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.
912 LA GAZETTE DE L'ETAT [P ART–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:
913
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
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 autho rity d esignated b y the Government fo r the p ur po se 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:
914 LA GAZETTE DE L'ETAT [P ART–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 at Puducherry 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.
915
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 e-mail 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.
916 LA GAZETTE DE L'ETAT [P ART–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 for that purpose by the Member-Secretary of the Board.
(2) The minutes of the previous meeting of the Board shall be read at the beginning of every succeeding meeting, and shall be confirmed and signed by the Presiding Officer at such meeting.
(3) The proceedings shall be open to inspection by any Member of the Board at the Office of the Member-Secretary of the Board during office hours.
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:
917
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 District Collector
. . Chairperson
Ex-officio
2 Medical Superintendent, Health Department . . Member
3 Representatives from Enforcement Cell, . . Members
Public Works Department, Transport, IT, Labour, Education, Special Employment Exchange and Pondicherry University.
4 Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 Five Persons with Disabilities . . Members
7 Director, Directorate of Social Welfare . . Member-
Secretary.
918 LA GAZETTE DE L'ETAT [P ART–II
(1)
(2)
(3)
B. Karaikal District Level Committee
1 District Collector, Karaikal
. . Chairperson
Ex-officio
2 Medical Superintendent, Health Department . . Member
3 Representatives from Public Works Department, . . Members
Transport, Labour and Education.
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 Three Persons with Disabilities . . Member
7 Assistant Director, Department of Social Welfare, . . Member-
Karaikal.
Secretary.
C. Mahe Regional Level Committee
1 Regional Administrator, Mahe . . Chairperson
Ex-officio
2 Deputy Director (Health)
. . Member
3 Representatives from Public Works Department . . Members
and Education.
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 Two Persons with Disabilities . . Members
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 Representatives from Public Works Department . . Members
and Education.
4 Additional Public Prosecutor
. . Member
5 A Representative from Registered Organization . . Member
6 Two Persons with Disabilities . . Members
7 Assistant Director, Department of Social Welfare, . . Member-
Yanam.
Secretary.
919
PART–II] LA GAZETTE DE L'ETAT
20. Functions of the Committee.— (1) 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.
(2) The tenure of the Members of the Committee shall be for
a period of three years and the Members shall not be eligible for
re-nomination.
(3) The Non-official Members of the Committee, residing in
the State capital, shall be paid an allowance of rupees five hundred per
day for each day of the actual meeting.
(4) Non-official Members of the Committee not residing in the
State capital shall be paid daily and traveling allowances for each day
of the actual meeting at the rate admissible to a Group 'B' Officer of
the Government.
920 LA GAZETTE DE L'ETAT [P ART–II
CHAPTER-VIII
STATE COM MISSIONER FOR PERSONS WITH DISABILITIES
21. Qualification for appointment of Commissioner for Persons with Disabilities.— No persons shall be eligible for appointment as Commissioner for persons with disabilities unless:-
(a) he/she is a Gr aduate fro m a r eco gnized univer sity, provided that preference shall be given to persons having recognized Degree or Diploma in social work or Law or management or human rights or rehabilitation or education of disabled person.
(b) Should have put in 25 years of regular service in a Group 'A' level post in Central/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
(c) He/She has not attained the age of fifty-six years as on
1st January of the year of recruitment.
Note:- If, he/she is in service under the Central Government or the Union Territory Government, he/she shall seek retirement from such service before his/her appointment to the post.
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 Government shall appoint one of the candidates recommended by the Search-cum-Selection Committee as the
Commissioner.
921
PART–II] LA GAZETTE DE L'ETAT
23. Term of the Commissioner.— The Commissioner shall hold
o f fi c e f o r a t er m o f t h r e e ye a r s f r o m t he da t e o n wh i c h h e
assumes his office, or till he attains the age of sixty 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.
922 LA GAZETTE DE L'ETAT [P ART–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, 923
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) Four full-time Clerks, two in the grade of Assistant and two 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).
924 LA GAZETTE DE L'ETAT [P ART–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 e-mail 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.
925
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 the date of hearing, the State Commissioner may take such necessary action under section 82 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.
(6) The State Commissioner may dispose of the complaint
ex parte, if necessary.
(7) The State Commissioner may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint.
(8) The State Commissioner shall decide the complaint as far as possible within a period of three months from the date of receipt of notice by the opposite party.
33. Constitution of the Advisory Committee to assist the State Commissioner.— (1) The Government shall appoint an Advisory Committee comprising the following Members, namely:-
(a) one expert to represent each of the five groups of specified Disabilities mentioned in the Schedule to the Act by rotation;
(b) Senior Officers of the Government from Law, Health,
Labour and Education.
(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.
926 LA GAZETTE DE L'ETAT [P ART–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 travelling 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 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 interalia 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.
927
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 or 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 Court of Session.
CHAPTER-X
STATE FUND FOR PERSONS WITH DISABILITIES
AND ITS M ANAGEM ENT
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 representative each from Department . . Members
of Health and Family Welfare, Department of Education, Department of Labour, Department of Finance and Social Welfare Department.
928 LA GAZETTE DE L'ETAT [P ART–II
(1)
(2)
(3)
(iii) Two p e r so ns r ep r es entin g d iffer ent t yp es . . Members
of Disabilities to be nominated by the State Government by rotation.
(iv) 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 travelling 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; o r
(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;
929
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 the 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.
930 LA GAZETTE DE L'ETAT [P ART–II
FORM-I
[See Rule 7 (1)]
APPLICATION FOR CERTIFICATE/
RENEWAL OF REGISTRATION
1 Name of the Organization/Institution :
2 Ad ministr ative O ffice : Ad d ress, :
Phone Number and e-mail 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 e-mail 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).
931
PART–II] LA GAZETTE DE L'ETAT
5 D a t e o f Re 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 yes, provide details.
9 C o p y o f p r e v i o us Ce r t i f ic a t e o f :
Registration issued under section 51(2)
of Rights of Persons with Disability
Act, 2016.
1 0 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).
1 2 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.
932 LA GAZETTE DE L'ETAT [P ART–II
(d) S a n i t a r y C e r t i f i c a t 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.
1 3 • 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, furnish 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 , pro fessional and exper ience 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.).
1 4 L i s t o f p a p e r s / s t a t e m e 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) In c o m e a n d Ex p e n d i t u r e Accounts and Receipt and Payment Accounts, duly audited by 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).
933
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 -w i 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.
1 5 Access facilities provided (Building :
camp us and o ther s to d iffer ently abled persons).
1 6 Recreation/Sports facilities :
1 7 P r o v i s i o n o f r e a s o n a b l e acc o mmo d a tio n a cco r d i ng to the individual requirements (specify the details).
1 8 Transport and attendant facilities for :
children with disabilities having high support needs.
934 LA GAZETTE DE L'ETAT [P ART–II
1 9 List of additional papers, if any :
2 0 List of additional information, if any:
Place :
Signature of the applicant
Date : Name:
Seal:
APPENDED TO FORM-I
ANNEXURE-A
(FOR DAY CARE IN SITITUTIONS)
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 t he r s tr u ct ur a l st a b i l it y i s :
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.
935
PART–II] LA GAZETTE DE L'ETAT
III. Health and Sanitation
1. Whether safe dinking water available :
2. W he th e r en vi r o n me n t/ p r emi se i s :
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. Please furnish the list of vocational :
tr aining imparted to the differently abled persons.
4. P l eas e ment io n ar r an gement s f o r : follow up of discharged students/ inmates.
Place:
Signature.
Date :
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.
936 LA GAZETTE DE L'ETAT [P ART–II
II. Safety Measures
1. Whether structural stability is :
monitored periodically and if yes,
how?
2. Whether NOC from Fire Services :
Department obtained. (enclose a copy).
3. Whether fire safety facilities installed, :
mention No.
4. Whether electrical fixtures/installation :
c he c ke d p e r i o d i c al l y a nd sa f 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 :
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 und er which I nstitutio n it is
affiliated.
3. Please list of vocational training :
imparted to the inmates.
4. Please mention arr angements fo r :
follow up of discharged students/
inmates.
937
PART–II] LA GAZETTE DE L'ETAT
V. Food/Clothing and other Amenities
1. W h e t h e r c l e a n l i n e s s o f ki t c h e n / :
groceries/vegetables are monitored daily.
2. Whether diet scale for providing :
min imum nu tr it io n al s ta n d a r d i s 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.
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, :
immunization is carried out. Please furnish details.
Date :
Signature.
Place:
938 LA GAZETTE DE L'ETAT [P ART–II
GOVERNMENT OF PUDUCHERRY
DIRECTORATE OF SOCIAL WELFARE
FORM-II
CERTIFICATE OF REGISTRATION
[See rule 7(5)]
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 a residential/ non-residential institution. This Certificate of Registration is valid for the period commencing from .................. to ....................... and is subject to the following conditions:-
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 infrastructure facilities including sufficient accommodation to differently abled children.
4. The building licence should be duly renewed periodically.
5. The Management should appoint persons with Bench mark
as per section 34 (1) of the RPD Act, 2016.
6. This Certificate should be displayed by the Institution in a
conspicuous place.
939
PART–II] LA GAZETTE DE L'ETAT
7. Institution should follow the rules/regulations issued by the
Government Authority from time to time.
8. Necessary fire safety facilities should be properly installed
at the appropriate scale as indicated by the Fire Services Department.
9. Structural Stability Certificate, Sanitary Certificate,
Building Licence and No Objection Certificate from Fire Services
Department should be renewed periodically without fail.
10. The Institution is subjected to inspection by the inspection
authorities under the Act/Rules and by the persons/officers authorized
by the State Government.
11. The Certificate of Registration is liable to be revoked as
the provisions given in the section 52 of the RPD Act, 2016.
12. The Institution shall properly create structural
accessibility of the premises.
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 "https://styandptg.py.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday